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Forum Nokia Wiki:Terms and Conditions
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Forum Nokia Wiki – Terms and Conditions of Use
1: Acceptance
BY USING AND/OR VISITING THIS WEBSITE (“WIKI SITE” OR “WIKI SERVICES”) YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS FOR WIKI SERVICES (“TERMS AND CONDITIONS”) AND PRIVACY POLICY.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS AND PRIVACY POLICY, YOU ARE NOT ALLOWED TO USE THIS SITE.
2: Wiki Services
Wiki Services is an Internet based community established by Nokia Corporation (“Nokia”). The Forum Nokia Wiki is a resource that has been created as a place for the Developer Community to share information. It is hoped that it will grow into a responsive and useful library that can be used in a number of ways. Being easy to edit and publish, you can expect that issues will more quickly be dealt with, and for priority problem areas to be explored in an open forum. For this purpose Nokia may open documents in the Wiki Services that allow users to comment, edit, publish or otherwise contribute to the creation of such documentation and information sharing. Wiki Services are hosted in Finland.
Nokia may include links to sites on the Internet that are owned or operated by third parties. By linking to such third-party site, you shall review and agree to that site's rules of use before using such site. You access the third-party sites at your own risk. Nokia does not monitor the content on the third-party sites and therefore you agree that Nokia has no control over the content of that site and cannot assume any responsibility for material created or published by such 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 in such third party site.
3: Eligibility for Contribution
The Wiki Site is available at Nokia’s sole discretion for registered Forum Nokia members.
4: Intellectual Property Rights
The content on Wiki Services including, without limitation, images, icons, photographs, graphics, sounds, music, videos, texts, software, feedback, data, messages, answers, questions, comments, suggestions, scores, hints, ideas, plans, orders, requests or the like or any other materials (“Content”) are owned or licensed by Nokia and protected under copyright and other intellectual property right laws. All trade names, trademarks and service marks appearing on the Content are protected by Nokia or respective third party owners. Any rights not expressly granted herein are reserved. All Content is for your application development purposes and for your personal use only and may not be modified, reproduced, transmitted, published, exploited,, sold, licensed or distributed to any third parties “as such” or in combination with any applications if the Content would constitute the primary value of the product being distributed, or used in any other way without the written consent of Nokia or the respective right holder.
Nokia also permits you to establish a link to materials on the Wiki Site for personal and non-commercial use. Your access to this site should not be construed as granting, by implication, estoppel or otherwise, any license or right to use any marks appearing on the site without the prior written consent of Nokia or the third party owner thereof. You agree not to remove any copyright or other proprietary notices if you download or print Content for your personal use. You also agree not to circumvent or disable any security or other technical features that present or restrict the use or copying of the Content. Use of Content may be subject to Nokia’s or third party’s patents which shall be licensed separately from the respective right-holder.
5: Submissions of User Content
Wiki Services allow users to upload, download, edit, host, share and/or publish content including, without limitation, images, icons, photographs, graphics, sounds, music, videos, texts, software, feedback, data, messages, answers, questions, comments, suggestions, scores, hints, ideas, plans, orders, requests or the like or any other materials (“User Content”). Nokia may, at its sole discretion, incorporate such User Content into any Nokia products or services. You further agree that any document, to which you may have contributed, may be locked at any time by Nokia at any time at Nokia’s sole discretion after which you can not make any modifications or alterations to the User Content.
You are solely responsible for any submission of User Content and you agree to acquire any consents, permissions or licenses needed as required by these Terms and Conditions. If your User Content contains a link to content of a third party, you shall be responsible for acquiring consent for creating such link prior to making the User Content available if the consent is required by applicable legislation or terms of use of the linked sites. If your User Content contains content of a third party or open source material, you shall clearly notify us of such third-party material together with any license terms that deviate from those specified in these Terms and Conditions, as well as be responsible for acquiring consent for such use the User Content. Any such third party content or open source material shall be subject to Section 9 (Indemnity). Upon submission of any User Content to the Wiki Site, for example, in comments, by e-mail, by uploading, linking, you will grant Nokia worldwide, perpetual, irrevocable, royalty-free, non-exclusive, assignable and sublicensable license to use, reproduce and have reproduced, modify and have modified, publicly perform and display such User Content and distribute reproduced and modified copies thereof in or in connection with any Nokia products or services, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.
By submitting User Content to the Wiki Services you represent and warrant that:
(a) you will not submit User Content that is unlawful, defamatory, offensive, abusive, libellous, threatening, pornographic, harassing, racially or ethnically offensive or otherwise unfit for publication or that encourages to any illegal activity, criminal offence or civil liability;
(b) you will not submit User Content that contains a virus, Trojan horse, "sniffer" routines, backdoors, “robots”, “spiders”, worms, time bombs, bots, or any other harmful software code, file, program or programming routine, or other contaminating or destructive features;
(c) you will not submit any advertisements or solicitations of business;
(d) you will not submit any User Content that infringes any patent, copyright, trademark, trade secret or any other proprietary intellectual property rights of others; and
(e) you will not submit 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 us or other users of the Wiki Services, or use or collect other users’ e-mail addresses or phone numbers, or other users’ information or postings, or use the site or service to perform any data collection, extraction or mining or gain or attempt to gain unauthorized access to our or any Wiki Services’ visitor’s computer system.
Nokia expressly disclaims any liability arising out of or relating to the User Content. Nokia does not permit any copyright or other intellectual property right infringing activities on Wiki Site and will remove any Content or User Content if diligently notified thereof. If you are located in the US, 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 (fnwiki.legal@nokia.com) . To be effective, the notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
- Identification or description of the copyrighted work claimed to have been infringed;
- Identification or description of the material that is claimed to be infringing and information reasonably sufficient to the Designated Agent to locate the material;
- Your name, address, telephone number, e-mail address and any other information which will permit the Designated Agent to contact you;
- 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
- 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.
Nokia has the right, but not an obligation, to monitor any information and User Content submitted or posted by the users or otherwise available on the Wiki Services. Nokia reserves the right to remove any User Content at its sole discretion. Other users of the Wiki Services will be asked to report all User Content inappropriate, unlawful, defamatory, offensive, abusive or otherwise unfit for publication at (fnwiki.legal@nokia.com).
6: Disclaimer of Warranties
THIS WIKI SITE, AS WELL AS CONTENT AND USER CONTENT THEREOF, ARE PROVIDED BY NOKIA ON AN "AS IS" AND "AS AVAILABLE" BASIS. NOKIA DOES NOT WARRANT THAT THIS WIKI SITE WILL BE UNINTERRUPTED OR ERROR OR VIRUS-FREE. NOKIA RESERVES THE RIGHT TO REVISE THE WIKI SITE OR WITHDRAW ACCESS TO IT AT ANY TIME WITHOUT NOTICE TO YOU. NOKIA EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ACCURACY, RELIABILITY OR CONTENT OF THESE PAGES. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT THE USE OF THE WIKI SERVICES IS AT YOUR SOLE RISK AND THAT YOU ARE EXPOSED TO USER CONTENT FROM VARIOUS SOURCES. NOKIA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY CONTENT OR INFORMATION PROVIDED BY OTHER USERS OF THE WIKI SERVICES.
7: Privacy Policy
Personal information, such as your name, address, e-mail address and phone number submitted by you on or through this Wiki Site is processed in accordance with the Wiki Site's Privacy Policy. For further information please review the Privacy Policy at Privacy Policy.
8: Limitations of Liability
EXCEPT FOR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR INTENTIONAL MISCONDUCT, NOKIA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL OR OTHER DAMAGES, LOST PROFITS, BUSINESS REVENUE, GOODWILL, ANTICIPATED SAVINGS, OR DATA, CAUSED BY THE USE OF OR INABILITY TO USE THE WIKI SITE AND SERVICE EVEN IF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN ADVISED. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. OUR LIABILITY IS IN SUCH CASE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
THIS WIKI SITE IS HOSTED AND MADE AVAILABLE FROM FINLAND. IN THE EVENT YOU ACCESS IT FROM OTHER JURISDICTIONS, YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH THE LOCAL LAW.
9: Indemnity
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS NOKIA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS AND ALL LIABILITIES, ASSESSMENTS, LOSSES, COSTS OR DAMAGES RESULTING FROM OR ARISING OUT OF: I) YOUR BREACH OF THESE TERMS AND CONDITIONS AND PRIVACY POLICY; II) YOUR INFRINGEMENT OR VIOLATION OF ANY INTELLECTUAL PROPERTY, OTHER RIGHTS OR PRIVACY OF A THIRD PARTY.
10: Terms
These Terms and Conditions are effective as of March 2007 and are valid until further notice. Nokia has the right to change these Terms and Conditions and Privacy Policy from time to time in its sole discretion. Such changes shall become effective upon posting a notification on this site and you agree to be bound to any and all of the changes when you use the Wiki Services. Nokia reserves the right, in its sole discretion and with immediate effects, and without any liability, to terminate your access to all or any part of the Wiki Services without prior notice. In the event of termination, the provisions of these Terms and Conditions and Privacy Policy that are intended to survive such termination shall remain unaffected including, without limitation, Clauses 8 (Limitations of Liability) and 9 (Indemnity).
11: Export Control
This Wiki Site is subject to applicable export control laws in the USA, Finland and other countries. You agree to abide these laws and not to transfer or make available, by electronic transmission or otherwise any content, software or materials subject to restrictions under such laws to a destination prohibited by such laws.
12: Assignment
Nokia shall have the right to assign these Terms and Conditions and Privacy Policy or its rights and obligations hereunder to a third party without your prior written consent, but may not be assigned by you without Nokia’s prior written consent.
13: General
This Wiki Site shall be governed by the laws of Finland without regard to conflict of law provisions. You agree that any dispute arising out of these Terms and Conditions and Privacy Policy shall be resolved exclusively in the district court of Espoo, Finland. These Terms and Conditions together with Privacy Policy and other legal notices submitted by Nokia on the Wiki Site constitute the entire agreement between you and Nokia regarding the use of the Wiki Site. The failure of Nokia to exercise any right of these Terms and Conditions shall not be considered as a waiver of such right. If any provision of this agreement is considered unlawful or void, it does not affect the validity and enforceability of other provisions of this agreement. A failure of Nokia to insist upon the performance of one or more of the terms of these Terms and Conditions and Privacy Policy shall not be deemed to be a waiver of its rights to enforce such terms, or of any rights or remedies the Nokia may have in subsequent similar situations. It is your responsibility to review the Terms and Conditions and Privacy Policy regularly to ensure that you are up to date as to any changes in the Terms and Conditions and Privacy Policy. Please contact us at (fnwiki.legal@nokia.com) with any questions regarding these Terms and Conditions.
