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Effective as of September 30th, 2019
These terms apply to any service of HMD Global Oy and its affiliates (”HMD”) when submitting any content including but not limited to comments or content which may include photos, video, audio, live-media images, drawings and/or other designs (the “Content”) with #ShotOnNokia in Instagram (the “Page”). By submitting Content on the Page (“Submission”) you agree to these terms. Internet service provider’s and or mobile network operator’s fees may apply when you access the internet. These terms may be amended at any time by HMD without prior notice. Any changes will be posted on the website at https://www.nokia.com/phones/en_za/shot-on-nokia-social-feed-terms. Ensure you review these terms regularly to familiarise yourself with any changes. HMD recommends that you save a copy of these terms for future reference.
You must be aged 18 or over to participate in the discussions on the Page, or if you are under 18 years old, you need to have parental or legal guardian permission before participating. If HMD suspects that you are not eligible to participate in the interactive service under these terms, HMD reserves the right to terminate or suspend your participation on the Page. HMD may require you to provide proof of age and eligibility.
As between you and HMD, you retain all ownership rights in the Submission. You guarantee that the Submission is your own original work, and you are the owner of the Submission having all necessary licenses and rights to authorise HMD to use and publish the Submission. You guarantee that you have obtained the permission of all of the people featured or referred to in the Submission and if they are under 18, you have the permission of their parents or guardians to HMD’s use of the Submission. You agree to give HMD evidence of all such licences and rights if so requested by HMD. The contents of the Submission will be considered non-confidential. You grant HMD a non-exclusive, royalty free, perpetual, worldwide and sub-licensable right and license to use, reproduce, modify, translate, distribute, play, perform, make available, prepare derivative works of and display the Submission by any media or methods. This includes the right for HMD to make available the Submission together with advertising or sponsoring which HMD may be included. You agree to waive your moral rights in the Submission. You are responsible for the contents of the Submission. You guarantee that the Submission or its publishing does not infringe any applicable laws or rights of a third party, for example by including third party music, trademarks, logos or photos. You will not submit or upload any material or content which may be offensive, obscene, unlawful, harmful, inappropriate, harassing, threatening, abusive or hateful or that otherwise degrades, discriminates against or intimidates an individual or group of individuals for example on the basis of religion, gender, sexual orientation, race, ethnicity or disability. You agree not to transfer files which contain viruses or other harmful programs. You also agree not to promote third parties' or your own products or services in the Submission. You agree not to use the Page to provide links to third party websites. HMD may accept, modify, withdraw or refuse to display the Submission at any time at HMD’s sole discretion. HMD may do this without notice to you for any reason. You agree that HMD may authorise a third party contractor to exercise any of the rights that you grant to HMD under these terms, which may be in addition to or instead of HMD exercising them.
Save that nothing in these terms limits or excludes the HMD’s or your liability for fraud or fraudulent misrepresentation, death or personal injury caused by negligence, or any other type of liability which may not be excluded by law, each of HMD or you excludes its liability for any loss, damage or injury sustained by or in connection with the submitting Content on the Page. References to HMD in this clause 5 is to HMD Global Oy and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors.
These terms are governed by the laws of Finland, without respect to conflict of law doctrines. As a condition of participating on the Page, you agree that any and all disputes which cannot be resolved between you and HMD, and causes of action arising out of or connected with the Page, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Finland having jurisdiction. Further, in any such dispute, under no circumstances will you be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys' fees, other than participant's actual out-of-pocket expenses, and you further waives all rights to have damages multiplied or increased. Nothing in these terms and conditions restricts your statutory rights as a consumer.
About HMD Global
Headquartered in Espoo, Finland, HMD Global Oy is the home of Nokia phones. HMD designs and markets a range of smartphones and feature phones targeted at a range of consumers and price points. With a commitment to innovation and quality, HMD is the proud exclusive licensee of the Nokia brand for phones and tablets. For further information, see www.hmdglobal.com.
Nokia is a registered trademark of Nokia Corporation.