8. Availability
The Service may not be available in so
me countries and may be provided only in
selected languages. The Service may be
network dependent, contact your networ
k
service provider for more information.
Nokia reserves the right, in its sole discre
tion, to change, improve and correct the
Service. The Service may not be availabl
e during maintenance breaks and other
times.
Nokia may also decide to discontinue
the Service or any part thereof in its sole
discretion. In such case you will be pro
vided a prior notification.
9. Dealings with Others
You may interact with other users on or th
rough the Service. You agree that any such
interactions do not involve Nokia and ar
e solely between you and the other user(s)
.
10. Personal Data
The Privacy Policy and additional prov
isions in these Ovi Service Terms govern us
e
of your personal data.
11. Limitation of Liability
The Service is provided on “AS IS” and “
AS AVAILABLE” basis. Nokia does not warrant
that the Service will be uninterrupted o
r error or virus-free. No warranty of any k
ind,
either express or implied, including but
not limited to warranties of title or no
n-
infringement or implied warranties of me
rchantability or fitness for a particular
purpose, is made in relation to the ava
ilability, accuracy, reliability, information o
r
content of the Service. You expressly agre
e and acknowledge that the use of the
Service is at your sole risk and that you ma
y be exposed to content from various
sources.
Except for liability for death or personal
injury caused by gross negligence or
intentional misconduct, Nokia shall not b
e liable for any direct, indirect, incidental
,
punitive or consequential damages caus
ed by the use or inability to use the S
ervice.
12. Indemnification
You agree to defend, indemnify and
hold harmless Nokia from and against any
and
all third party claims and all liabilities, asses
sments, losses, costs or damages
resulting from or arising out of i) y
our breach of the Terms, ii) your infringe
ment or
violation of any intellectual property, oth
er rights or privacy of a third party, iii)
misuse of the Service by a third party wher
e such misuse was made available by your
failure to take reasonable measures
to protect your username and password a
gainst
misuse.
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 w
ithout regard to its conflict of law
provisions.
If you are a US resident the follow
ing paragraph shall apply: The Terms shal
l be
governed by the laws of New York witho
ut regard to its conflicts of law provisions
.
Any dispute relating to these Terms
or the Service shall be submitted to bindi
ng
arbitration in Westchester County,
New York
within eighteen (18) months of the
date the facts giving rise to the suit we
re 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 i
ntellectual property rights. All matters re
lating
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 Amer
ican Arbitration Association (“AAA”), Eac
h
party must submit any claim which w
ould constitute a compulsory countercl
aim in
Product and safety information 65
Cyan
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