13. Miscellaneous
13.1 Choice of Law and Arbitration
Except where prohibited by applicable law or provided otherwise herein, the Terms shall
be governed by the laws of Finland without regard to its conflict of law provisions.
If you are a US resident the following paragraph shall apply: The Terms shall be governed
by the laws of New York without regard to its conflicts of law provisions. Any dispute
relating to these Terms or the Service shall be submitted to binding arbitration in
Westchester County, New York within eighteen (18) months of the date the facts giving
rise to the suit were known, or should have been known, by the complainant, except that
Nokia may seek injunctive or other relief if you have violated or threatened to violate any
intellectual property rights. All matters relating to arbitration shall be governed by the
Federal Arbitration Act (9 U.S.C. §1 et. seq.). Arbitration shall be conducted by a single
arbitrator under the then prevailing Wireless Arbitration Rules of the American
Arbitration Association (“AAA”), Each party must submit any claim which would
constitute a compulsory counterclaim in litigation or such claim shall be barred. No award
of exemplary, special, consequential or punitive damages shall be permitted. The losing
party, as determined by the arbitrator, shall pay the arbitration fees. The arbitrator’s
award shall be binding and may be entered as a judgment and enforceable in any court
of competent jurisdiction. Arbitration shall be conducted on an individual, not class-wide
basis, and no arbitration shall be joined with an arbitration involving any other person
or entity.
13.2 Validity
The Terms shall neither exclude nor limit any of your mandatory rights in your country
of residence. If a provision of the Terms is found to be invalid, the validity of the remaining
provisions shall not be affected and the invalid provision shall be replaced with a valid
provision that comes closest to the result and purpose of the Terms. If there is any conflict
between these Ovi Service Terms and the Privacy Policy, the provisions of these Ovi Service
Terms shall prevail. The provisions of the Terms that are intended to survive termination
shall remain valid after any termination.
13.3 Changes in Terms
Nokia reserves the right to modify the Terms at any time without prior notice. If the Terms
are changed in a material, adverse way, Nokia will provide a separate prior notice
advising of such change.
You are responsible for regularly reviewing the Terms. Your continued use of the Service
shall constitute your consent to any changes and modifications.
13.4 Links to Third Party Sites and Content
For your easy accessibility Nokia may include links to sites on the Internet that are owned
or operated by third parties and that are not part of the Service. Upon following a link to
such a third-party site, you shall review and agree to that site’s rules of use before using
such site.
You agree that Nokia has no control over the content of third-party sites and cannot
assume any responsibility for services provided or material created or published by such
sites. A link to a third-party site does not imply that Nokia endorses the site or the
products or services referenced in the site.
In addition, users may create links within the Service to content that has not otherwise
been submitted to the Service. You agree that Nokia is neither responsible for nor liable
for any such links.
14. Intellectual Property
The Service and related software are protected under international copyright laws and
you are hereby notified that copyrights are claimed by Nokia. Subject to the Terms, Nokia
retains all right, title and interest in the Service and in all Nokia’s products, software and
other properties provided to you or used by you through the Service.
WE CARE ABOUT YOUR PRIVACY
Nokia is committed to protecting your privacy and to comply with applicable data
protection and privacy laws. We hope that this Privacy Policy (“Policy”) helps you
understand what kind of information we collect in connection with our products and
services and how we process such information. Throughout this Policy the term “personal
data” means information relating to an identified or identifiable individual (i.e. a natural
person). “Nokia” refers to Nokia Corporation, including its affiliates (also referred to as
“we”, “us”, or “our”).
66 Terms of use, OVI SERVICE TERMS and privacy policy
www.nokia.com/support
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