(Version 2002-3; posted and effective as of 11 December 2002)
Applicable to the Nokia Web sites at the following URL/domain names:
www.NokiaUSA.com;
www.Nokia.com/US;
www.Nokiapromos.com;
www.Nokiahowto.com;
BY ACCESSING THE NOKIA INC. ("Nokia") WORLD WIDE WEB PAGES (THESE
"Site Pages") AT ONE OF THE URL/ DOMAIN NAMES NOTED ABOVE (THIS "Site"),
YOU AGREE TO THE FOLLOWING PRIVACY POLICY (THIS "Policy") AS STATED BELOW.
IF YOU DO NOT AGREE WITH THIS POLICY, PLEASE DISCONTINUE YOUR USE OF THIS
SITE.
Modification of Site
Nokia may change these Site Terms, or change, modify or withdraw access to,
or the content of, this Site and these Site Pages at any time, with or without
notice, so you should recheck these Site Terms prior to each visit to or use
of this Site. Nokia has posted above the effective date of this version of these
Site Terms for your reference.
Applicability
The content of this Site, including without limitation pricing of products
and items sold on this Site (if any), information about mobile phones, and general
information about wireless communications, is applicable to products sold in
the United States from this Site and not necessarily to products sold in other
markets or from other Web sites.
These Site Terms are applicable to this Site and only this Site, and not any
other of Nokia Corporation or any of its related companies' websites or website-like
channels (whether based on technologies such as the Internet, cable, satellite,
wireless application protocol (a/k/a WAP), wireless local area network (a/k/a
WLAN), Bluetooth (infrared or other similar radio wave technology), wired connection
from a local computer, short or smart messaging service (a/k/a SMS) or other
subsequently developed technologies), or any other channels or aspects of Nokia's
or such companies' business operations.
Restricted Use and Copyrights
The information, photographs, audio and video clips, ringing tones, picture
images, graphics, links, architecture, including format, layout and data structures,
and other content on this Site are protected in the U.S. and in other countries
by a variety of laws, including but not limited to copyright laws and treaty
provisions, trademark laws and proprietary rights laws. The images or pictures
of Nokia products, people or places are either property of, or used with permission
by, Nokia. The use of this Site's text, audio, images or pictures by you, or
anyone else authorized by you, is strictly prohibited, except in compliance
with these Site Terms. Except for certain Site content that may be owned by
third parties, Nokia Corporation and/ or its related companies own copyright
in the individual elements of this Site's content, as well as in the selection,
coordination and arrangement of this Site's content. Reproduction, transfer,
distribution or storage of part or all of the contents of this Site in any form
without the prior written permission of Nokia is prohibited, except in accordance
with these Site Terms. Nokia consents to your browsing this Site on your computer
or storing these Site Pages on your computer, or printing copies of extracts
from these Site pages, for your personal use only and not for redistribution,
unless otherwise consented to in writing by Nokia. The limited consent granted
in these Site Terms shall terminate automatically if you breach any of these
Site Terms. Upon any such termination, you must immediately destroy any disk
loaded copies of these Site Pages, or applicable printed materials. Individual
documents in these Site Pages may be subject to additional terms indicated in
those documents. Unauthorized use of the materials displayed on this Site may
violate copyright, trademark, privacy, publicity and/or communications laws
and regulations.
Framing
If you want to frame any of these Site Pages or any portion of this Site for
access through your Web site, please email Nokia and in the subject line of
your email state "Framing Request" and provide any other pertinent information,
including a link to your site, so that Nokia can evaluate your request. Nokia
reserves the right to withhold its approval of any such framing activities.
Nokia will notify you electronically or in writing with approval or disapproval.
Trademarks
NOKIA®, NOKIA CONNECTING PEOPLE®, XPRESS-ON, CLUB NOKIA, NAVI Key and
other Nokia product names, logos, commercial symbols, trade names and slogans
are trademarks of Nokia Corporation and/or its related companies and are protected
by U.S. and international trademark laws. You are prohibited from using any
of the marks appearing on this Site without the express prior written consent
of Nokia Corporation, except as permitted by applicable laws. The other marks
and logos shown on this Site may be marks owned by third parties that are not
affiliated with Nokia Corporation and/or its related companies. Such marks appear
for identification purposes only and are the property of their respective companies.
Nothing shown on this Site should be construed as granting, by implication,
estoppel or otherwise, any permission, license or right to use any trademark,
service mark or trade name displayed on this Site without the written permission
of Nokia or the third party that may own the trademark, service mark or trade
name at issue. Nokia prohibits, without prior Nokia written consent, the use
of any Nokia logo or mark as a hyperlink to this Site or any other Nokia Web
site.
Disclaimers
All of the data contained on this Site relating to third-party products or services,
including but not limited to, the prices and the availability of any service,
product, product feature, or coverage of service, if any, should be verified
with the company supplying the product or service and is subject to change without
notice. Nokia reserves the right, in its sole discretion and without any obligation,
to make improvements to, or correct any errors or omissions in, any data contained
on this Site.Nokia is not responsible for any loss or damage that is caused
by your reliance on any data contained on this Site.
This Site and the contents of these Site Pages are provided as a convenience
to you on an "AS IS" and "AS AVAILABLE" basis. Nokia does not
warrant that your access to these Site Pages will be uninterrupted or error-free.
NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE AVAILABILITY,
ACCURACY, RELIABILITY OR CONTENT OF THESE SITE PAGES. NEITHER NOKIA, NOR ANY
OF ITS CONTRACTORS INVOLVED IN CREATING, PRODUCING OR DELIVERING ANY OF THE
CONTENTS OF THIS SITE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, REVENUES OR DATA OR
LOSSES FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE
THIS SITE, EVEN IF NOKIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOKIA ASSUMES NO RESPONSIBILITY, AND SHALL HAVE NO LIABILITY FOR, ANY DAMAGES
TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT
OF OR ARISING OUT OF YOUR USE OF OR ACCESS TO THIS SITE. SOME JURISDICTIONS
DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO
THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF NOKIA
IN ANY SUCH CASE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Nokia also incorporates into these Site Terms all of the disclaimers as set
forth in the printed version of the user guide corresponding to the respective
models of telephones referenced in this Site, including but not limited to the
disclaimers of warranties and liability. If you do not have a copy of the appropriate
user guide, you may, as applicable, (i) download the appropriate user guide
from this Site, (ii) order one from this Site, subject to availability, at the
price listed on this Site , or (iii) call the NokiaUSA.com customer care order
hotline 1-888- 256-2098 to place an order to purchase one, subject to availability.
Security of Online Transactions
This Site's Privacy Policy
Web page discloses how Nokia endeavors to secure any on-line transactions that
may be supported on this Site against unauthorized access or improper use of
your personal information. Click here to read this Site's
Privacy Policy. The terms of this Site's Privacy Policy are incorporated
into these Site Terms by this reference.
Links; No Endorsement
For your convenience, Nokia may include links to other sites on the Internet
that are owned or operated by third parties. When linking to a third-party site,
you do so at your own risk and should review and determine if you agree to that
site's terms and conditions of use (legal policy) before using such site. You
also agree that Nokia has no control over the content of any such sites and
cannot assume any responsibility for material posted on or published by third-party
sites. In addition, a link to a non-Nokia site does not imply that Nokia endorses
the site or the products or services referenced on such third party site. You
may link to this Site for non-commercial purposes only.
Privacy and Submissions This Site's Privacy Policy Web page discloses how Nokia
will maintain and use any personally identifiable information obtained from
your site visit(s) to this Site. Click here to read this
Site's Privacy Policy.
For all other submissions of information or content by you to this Site, the
following terms apply. By submitting information or material (such as feedback,
data, text, software, music, sound, photographs, graphics, video, messages,
answers, questions, comments, suggestions, ideas, plans, orders, requests or
the like, or any other material) to Nokia, for example, by e-mail or via this
Site, you license and grant Nokia and its affiliates and sub-licensees a nonexclusive,
royalty-free, perpetual, worldwide, irrevocable, and fully sub-licensable right
to use, reproduce, modify, adapt, publish, translate, copy, modify, adapt, create
derivative works from, distribute, and display or publish such content or any
concept described in it throughout the world in any media or product, including,
without limitation mobile phone products and covers, advertising, marketing
and promotional materials, and digital reproductions, without compensation,
restrictions on use, acknowledgement of source, accountability or liability,
and with waiver of all moral rights and rights of attribution, integrity and
identity. With regard to such content submissions, you understand and agree
that you are solely responsible for the content submitted and Nokia shall not
be liable in any way for such content, and you agree to indemnify and hold Nokia
and its affiliates harmless from all claims, liabilities, damages and expenses
(including attorneys' fees) resulting from the content you submit to this Site
if any third party takes action against Nokia in relation to such content, including
without limitation for alleged infringement of intellectual property rights
or any injury to persons or tangible or intangible property. Additionally, with
regard to content submissions, you agree that:
(a) You will not post, publish, transmit, distribute, or upload any information through this Site that is unlawful or fraudulent, or violates any patent, copyright, trademark, trade secret or any other proprietary intellectual property rights of others. In connection therewith you represent and warrant to Nokia that your content does not infringe the trademarks, copyrights, patents, or other intellectual property rights of any third parties;
(b) The content will not contain any material that is unlawful, libelous, slanderous, defamatory or invasive of another person's privacy, or that Nokia may reasonably deem harmful, vulgar, obscene, derogatory, pornographic, abusive, harassing, threatening, hateful, objectionable with respect to race, religion, creed, national origin or gender, or otherwise unfit for publication;
(c) You will not, without first using reasonable efforts to scan and remove any viruses or any contaminating or destructive features before submitting any content to this Site, post, publish, transmit, distribute, or upload any information through this Site that contains a virus, Trojan horse, "sniffer" routines, backdoors, worms, time bombs, bots, or any other harmful software code, file, program or programming routine or other contaminating or destructive features;
(d) You are the author and own the content or have the unlimited right to provide it to Nokia;
(e) You agree not to take action against Nokia in relation to content that you submit;
(f) Your content submission shall not cause injury or harm to any persons or entities;
(g) You will not use this Site to "stalk" or harass another person;
(h) Your use of this Site will not compromise the security or integrity of Nokia's computer systems, networks or Web sites or servers, whether by allowing intruders into the same, introducing viruses or other threats, imposing a disproportionate or unreasonably large load on this Site or its infrastructure, or using any, computer programming routine, file or device to damage or interfere with the operation of this Site;
(i) You will not post, publish, transmit, distribute, or upload through this Site any unauthorized or unsolicited bulk e-mail solicitations, chain letters, advertisements, marketing or promotional materials, "junk mail", "spam", pyramid schemes or any other solicitations or communications, including without limitation spamming Nokia or other Site users, or use or collect Site user e-mail addresses or other user information or postings, or use this Site to perform any data collection, extraction or mining or gain or attempt to gain unauthorized access to Nokia or any site visitor's computer system;
(j) You will not register with or otherwise use a false name or identity, impersonate any person or entity, including without limitation Nokia personnel, falsely state or otherwise misrepresent your affiliation with a person or entity, use another users password (if applicable), forge headers or otherwise manipulate identification information to falsify or disguise the origin of content, or falsify or misrepresent any content with respect to submissions to this Site; and
(k) You will follow all applicable laws and regulations applicable to your use of this Site. Such laws and regulations include, without limitation, those governing copyright, defamation, privacy, publicity and the access or use of others' computer or communication systems.
Managing Content
Nokia does not and cannot
monitor and review the content posted, if any, by users on this Site, and is
not responsible for such content. However, Nokia may at any time at its discretion
remove any content posted by users. Nokia asks that you closely review and utilize
the submission requirements stated in the "Privacy and Submissions" section
above.
Nokia respects the intellectual property rights of others and asks you and all
users of this Site do the same. Please make special note that only the copyright
owner of a musical composition (usually the original composer or the applicable
licensing company) or related digital file may give you permission to use such
musical composition as a mobile phone ring tune. Without such permission, you
may be found liable for copyright infringement.
Nokia can make no representation or warranty or assist you in determining whether
you have rights to utilize the content you submit to this Site. You may not
commercially exploit copyrighted materials or works without first obtaining
the appropriate permission or authorization from the rights holder. Nokia is
not responsible for ensuring that appropriate rights have been secured.
If you are having difficulty deciding whether your content or work infringes
another's intellectual property rights or is otherwise inappropriate for submission
to this Site, Nokia strongly encourages you to seek competent legal counsel
before submitting the content in question.
Copyright Infringement Claims
Pursuant to Title 17, United States Code, Section 512(c)(2), written notifications
of claimed copyright infringement should be sent to Nokia's designated copyright
agent ("Designated Agent").
(1) A physical or electronic signature
of a person authorized to act on behalf of the owner of the exclusive right
that is allegedly infringed;
(2) Identification or description of the copyrighted work claimed to have been
infringed;
(3) Identification or description of the material that is claimed to be infringing
and information reasonably sufficient to the Designated Agent to locate the
material;
(4) Your name, address, telephone number, e-mail address and any other information
which will permit the Designated Agent to contact you;
(5) A statement that you have a good faith belief that use of the material in
the manner complained of is not authorized by the copyright owner, its agent,
or the law; and
(6) A statement that the information in the notification is accurate, and under
penalty of perjury, that you are authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed.
Export Controls
Software and other materials that may be available on this Site may also be
subject to United States Export Administration Regulations. Diversion contrary
to U.S. law is prohibited. You agree that you shall comply with all applicable
export laws, restrictions and regulations of the United States or foreign agencies
or authorities, and shall not export, or transfer for the purpose of re-export,
any software, product or technical data received in connection with your use
of this Site in violation of any such restrictions, laws or regulations, or
without all necessary approvals. You agree that you shall not export any downloadable
software product available that may be available on this Site to any prohibited
or embargoed country or to any denied, blocked, or designated person or entity
as mentioned in any such U.S. or foreign law or regulation. By downloading or
using any such downloadable software product, you agree to comply with these
terms and conditions. (For your information, the United States export laws currently
prohibit the export of certain technical data and software into Afghanistan,
Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria, or any national or resident
of those countries, or to anyone on the United States Treasury Department's
list of Specially Designated Nationals, the U.S. Commerce Department's Table
of Deny Orders or any Executive Orders naming additional persons or entities.)
Governing Law
As used in these Site Terms, "Nokia" means Nokia Inc. Nokia operates and controls
this Site from locations within the United States of America, including the
Dallas-Fort Worth, Texas area. As such, the information contained on this Site
hereby is deemed provided in the state of Texas and governed by and subject
to the laws of Texas and, where applicable, U.S. federal law.
Certain Ring Tones provided by Moviso© 2002