content of the Service. You expressly agree and
acknowledge that the use of
the Service is at your sole
risk and that you may be exposed to content from
various sources.
Except for liability for death
or personal injury caused
by gross negligence or in
tentional misconduct, Nokia
shall not be liable for any direct, indirect, incidental,
punitive or consequential damages caused by the use
or inability to use the Service.
12. Indemnification
You agree to defend, indemnify and hold harmless
Nokia from and against any and all third party claims
and all liabilities, assessments, losses, costs or
damages resulting from or ar
ising out of i) your breach
of the Terms, ii) your infrin
gement or violation of any
intellectual property, other ri
ghts or privacy of a third
party, iii) misuse of the Se
rvice by a third party where
such misuse was made available by your failure to take
reasonable measures to protect your username and
password against 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 without rega
rd 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 thes
e Terms or the Service shall
be submitted to binding ar
bitration 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 pa
rty must submit any claim
which would constitute a compulsory counterclaim in
litigation or such claim sh
all be barred. No award of
exemplary, special, conseque
ntial or punitive damages
shall be permitted. The losi
ng 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 cl
ass-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 pr
ovision shall be replaced
with a valid provision that comes closest to the result
and purpose of the Terms.
If there is any conflict
79
Product and safety information
Cyan
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