By accessing the "Nokia" World Wide Web pages (these "Site Pages") at the URL stated above (this "Site"), you agree to the following Site Terms (and Legal Notice) (these "Site Terms"). If you do not agree to the following Site Terms, 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 accessories that may be sold on this Site (if any), information about mobile phones and accessories, and general information about wireless communications, is applicable to products sold by Nokia in Canada and not necessarily to products sold in other markets or from other Nokia or its affiliates web sites.
These Site Terms are applicable to this Site and any other URLs listed above, but not necessarily to other Nokia Corporation or any of its related companies sites on the World Wide Web. When leaving this Site, whether or not to visit another Nokia site, please read the site terms (or legal policy) and the privacy policy applicable to such site to ensure you understand and agree with the terms applicable to your visit of that site.
Restricted Use and Copyrights
The information, photographs, audio and video clips, ring tones and ring tunes, picture images, graphics, links, architecture, including format, layout and data structures, and other content on this Site are protected in Canada 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 authorizing and/or licensing Nokia's use of such content on this Site, such as certain ring tune audio clips, 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. Any rights not expressly granted herein are reserved. 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 private, non-commercial 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. The use of press releases and other documents classified as public is permitted in public communications if the source for the information has been stated.
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 are protected by Canadian 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 and its rate plan providers intend to update such data where and as appropriate, but shall not be liable for any inaccuracies, delays or failures to do so and shall not be obligated to notify users when information has been updated. 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 owner's manual 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 manual, you may, as applicable, send Nokia an e-mail to request a Nokia or call the Nokia Customer Care Hotline at 1-888-226-6542.
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 sublicensees a nonexclusive, royalty-free, perpetual, worldwide, irrevocable, and fully sublicensable 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, libellous, 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, cancelbots, 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 user's 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 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.
Copyright Infringement Claims
Written notifications of claimed copyright infringement should be sent to Nokia's designated copyright agent ("Designated Agent").
Nokia's Designated Agent Contact Information:
If you believe your copyrighted work may have been infringed, written notification must be submitted to Nokia's Designated Agent (address and contact information available from Nokia's Customer Care Center at the phone number noted above). To be effective, the notification must include the following:
(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 the 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 Canadian export controls. You agree that you shall not export any software or other materials from this Site in contravention of Canadian export laws.
Governing Law
Nokia operates and controls this Site from locations within Canada and the United States of America, including the Province of Ontario. As such, the information contained on this Site hereby is deemed provided in the Province of Ontario and governed by and subject to the laws of Ontario and, where applicable, Canadian federal law. As used in these Site Terms, "Nokia" means Nokia Products Ltd.
Copyright © Nokia Corporation 2007. All rights reserved.