Nokia X5-01 - Manual (Page 116)

You may interact with other users on or through the
Service. You agree that any such interactions do not
involve Nokia and are solely between you and the other
user(s).
10. Personal Data
The Privacy Policy and additional provisions in these Ovi
Service Terms govern use 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 or error or virus-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, information or 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 intentional 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 arising out of i) your breach of the Terms, ii) your
infringement or violation of any intellectual property,
other rights or privacy of a third party, iii) misuse of the
Service 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 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
116 Product and safety information
© 2010 Nokia. All rights reserved.