2011-09-01 8:53 - edited 2013-10-08 8:10
The Terms constitute an agreement between you and Nokia Corporation, Keilalahdentie 2-4, 02150 Espoo, Finland including its affiliates and suppliers (collectively “Nokia”), defining your and Nokia’s rights and responsibilities with respect to the Service.
To use the Service, you must be at least thirteen (13) years of age. If you are under thirteen (13) years of age, or at least thirteen (13) years of age but a minor where you live, you must have your parent or legal guardian accept your registration on your behalf and approve your use of the Service. Anyone completing the registration must be legally competent.
To use a Service you may need to register and create a Nokia account with username and a password. You may need to provide us with certain personal and other information. Nokia may verify your email address before account can be used. Upon first use of your device and each time you update the Nokia device software, a text message will be sent to Nokia. The creation of a Nokia Account will require data transmission. Data transmission costs may apply.
You agree to provide truthful and complete information when you register for the Service and to keep that information updated. You must take due care to protect your username and password against misuse by others and promptly notify Nokia about any misuse. You, and your parent or legal guardian if you are a minor, are personally responsible for any use of the Service.
You may terminate your registration if you no longer wish to use the Service. After termination, you will no longer have access to the Service. Nokia may terminate your registration or restrict your access to certain parts of the Service if Nokia reasonably believes that you have breached the Terms or with prior notice if you have not signed into the Service with your username in the past six (6) months.
Nokia grants you a non-exclusive, non-transferable license, revocable at any time at Nokia’s sole discretion, to access and use the Service strictly in accordance with the Terms. Use of the Service does not grant you any intellectual property rights in or to any information or content in the Service.
As part of the Service, Nokia may provide you with content developed by Nokia or its licensors (“Content”). Nokia grants you a non-exclusive and perpetual license to use Content for the purpose it is intended, unless otherwise defined in the applicable Terms or the purchase order. Some Content may only be available to residents of certain geographical areas. You are bound by any restrictions applicable to specific Content you obtain through the Service. Any license acquired to third-party Content is a binding agreement between you and the third-party Content provider. You have only the rights to the Content which are expressly granted here.
As part of the Service, Nokia may provide you with certain software developed by Nokia or, its licensors (“Software”). Your use of Software may be subject to separate terms and conditions that you must accept before using the Software. If there are no separate terms and conditions applicable to such Software, the following terms apply: Nokia grants to you a limited, non-exclusive, non-transferable right to install and use the Software on your computer and/or mobile device. You may not copy the Software, except to make a single archival backup copy. You may not distribute, transfer the right to use, modify, translate, reproduce, resell, sublicense, rent, lease, reverse engineer, or otherwise attempt to discover the source code of or make derivative works of the Software. For open source licensed software, applicable open source license terms apply.
The Software maybe subject to export controls under the U.S. Export Administration Regulations and other import or export control regulations. You agree to strictly comply with all applicable import and export regulations and acknowledge that you have the responsibility to obtain licenses to export, re-export, transfer, or import such Software.
You may be able to submit information or content (“Material”) to the Service. Nokia does not claim ownership in your Material. Your submission of Material does not transfer ownership of rights of the Material to Nokia. Nokia is only transmitting the Material and is not responsible for editorial control over it. By submitting Material to the Service you grant Nokia a world-wide, non-exclusive, sub-licensable, assignable, fully paid-up, royalty-free, perpetual and irrevocable license to use, copy, publicly perform, display, distribute in any media and modify the Material to incorporate the Material into other works, and to grant similar sublicenses to the extent necessary for Nokia to provide the Service. You may be able to adjust this grant in the privacy and other settings of the Service.
You are solely responsible for taking backup copies of the data you store on the Service, including Content you upload. If the Service is discontinued or canceled, Nokia may permanently delete your data. Nokia has no obligation to return data to you after the Service is discontinued or cancelled.
You agree to:
Nokia may but has no obligation to:
Before downloading or accessing any Content, please check whether the Content which you wish to access is restricted by age or marked as potentially ‘offensive’ or ‘explicit’. Nokia shall not be responsible for any claims or offense caused or suffered by you accessing such Content.
The Content is owned and/or controlled by Nokia and/or its respective licensors and is protected by intellectual property laws. The third party Content provider is solely responsible for any Content it provides, any warranties to the extent that such warranties have not been disclaimed and for any claims you may have relating to that Content or your use of that Content. However, Nokia may enforce the third party Content license terms against you as a third party beneficiary of those terms. The third party Content providers are third-party beneficiaries under these Terms and may enforce the provisions that directly concern the Content in which they have rights. Nokia may be acting as an agent for third party Content provider in providing the Content to you. Nokia is not a party to the transaction between you and the third party Content provider for such Content.
You may notify Nokia of copyright infringement on the Service by providing notice (a) by email with “Copyright Notification” in the subject line to firstname.lastname@example.org, (b) by a document titled “Copyright Notification” mailed to Nokia, Attn: Copyright Agent, 102 Corporate Park Drive, White Plains, NY 10604, USA or (c) via the online form, if available. Your notice must:
(1) identify the original copyrighted work you claim is infringed;
(2) identify the content on the Service that you claim is infringing the copyrighted work. Please provide enough detail for Nokia to locate the allegedly infringing content on the Service;
(3) provide your contact information, including your full name, mailing address, telephone number, and email address, if available;
(4) provide a statement that you have a good faith belief that the use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(5) provide this statement: "I swear, under penalty of perjury, that the information in this notification and complaint is accurate and that I am the copyright owner, or am authorized to act on behalf of the copyright owner of an exclusive right that is infringed."; and
(6) provide your signature, as applicable.
Nokia may post notices within the Service. Nokia may also send you notices about products and Services to the email address or telephone number you have provided to us. You are deemed to have received such notices at the latest within seven (7) days from Nokia sending or posting those. Your continued use of the Services constitutes your receipt of all notices regardless of delivery method.
Your use of the Service may be or may become subject to charges.
Any fees charged by Nokia will be announced separately in connection with the Service.
Use of the Service may involve transmission of data through your service provider’s network. Prices listed within the Service do not include possible data transmission, text message, voice or other service provision charges by your network service provider.
Nokia assumes no responsibility for the payment of any charges of your service providers.
"Order" shall mean the selection of payable Content and/or subscription to Content offered by Nokia and available in the Service and submission of payment method, as well as submitting the order by selecting the "buy", "ok", "I accept" or other similar confirmation of acceptance in the order flow or providing other indication of acceptance terms that are presented to you in the order flow.
To place an Order within the Service, you must have reached the age of legal competence according to the applicable legislation. If you have not reached the age of legal competence, you may place Orders only with the prior consent of your parent or legal guardian.
You agree that all Orders shall be legally valid and binding. All Orders are subject to acceptance by Nokia.
You may pay by credit or debit card, network service provider billing, or other payment methods if available.
Your credit or debit card must have a billing address in the country where the Content is offered by the Service. Nokia will charge your credit card or debit your bank account within a reasonable time after you have made your Order. All credit card payments are subject to validation checks and authorization by the card issuer.
If you choose network service provider billing, charges will appear on your mobile phone bill or be deducted from your prepaid account if it is a prepaid account. Some network service providers may subject your usage of the Service to additional terms and conditions including placing limits on the amount of charges possible with network service provider billing. Charges in excess of network service provider limits or account balance may be rejected.
You agree to pay the charges related to your Order, to ensure that the instrument of payment is valid at the time of the Order, that you are the rightful holder of the instrument and that the instrument is used within its credit limits.
The Content that is delivered is licensed to you. You agree to use such Content solely as permitted in these Terms and in any additional terms that you may be presented in the order flow.
The Service may offer subscriptions. You authorize the Service to place a periodical charge during the period of the subscription. The Service may also offer a trial period. If your Order involves a trial period (also known as try-and-buy), you may be charged when the trial period expires, unless you cancel in accordance with the subscription/trial terms.
The prices in the Service may change from time to time. Prices include applicable taxes in effect at the time of your transaction, unless otherwise stated. There may be instances where you incur additional charges from your bank or credit card provider based on currency conversion rates used and/or additional fees assessed. Nokia assumes no responsibility for the payment of bank or any other third party service fees or charges.
You agree to the electronic delivery of Content being initiated concurrently with the placement of your Order. You will not be able to cancel your Order once it has been processed. The nature of the Content is such that it cannot be returned.
In the event that after your Order you discover and promptly inform Nokia within 48 hours that (a) the Content you have ordered is faulty; (b) the Content Nokia delivers to you does not match the description of the Content you ordered via the Service; or (c) technical problems delayed or prevented delivery of your Content or accidental multiple orders caused by such technical problems, your sole and exclusive remedy with respect to such Content will be either replacement of such Content, or refund of the price paid for such Content, as determined solely by Nokia. Otherwise, no refunds are available. If you encounter any of the above issues, please contact Nokia Customer Support.
Please note that Nokia may not be able to process your customer support request if you are unable to provide your transaction ID, which is provided to you by Nokia following your Order from the Service. Nokia may only process refunds for Content where the total price is above the monetary limit stipulated in applicable local legislation.
By submitting any ideas, feedback and/or proposals ("Feedback") to Nokia through the Service or other means, you acknowledge and agree that: (1) Nokia may have similar development ideas to the Feedback; (2) your Feedback does not contain confidential or proprietary information of you or any third party; (3) Nokia is not under any obligation of confidentiality with respect to the Feedback; (4) Nokia may freely use, distribute, exploit and further develop and modify Feedback for any purpose; and (5) you are not entitled to any compensation of any kind from Nokia.
You may use features in the Service to share your location, status, content, Materials or personal information or to interact with other users, sites and services. By using these features you agree that Nokia may use and provide that information to other services and persons with whom you choose to interact or share this information. Users of these services and persons, such as your contacts, may see your location, status and/or personal information. In using these features you agree not to share information, Content or Material or to link to any service or site that: (a) contains content or other material that is illegal or inappropriate; or (b) exploits intellectual property rights without authorization or encourages users to piracy. Any interaction does not involve Nokia and is solely between you and the other user(s).
The availability of Content and the Service may vary and is subject to Nokia’s sole discretion. Nokia expressly disclaims any representation or warranty that any particular Content or Service will be available. The Service may not be available in all countries and may be provided only in selected languages. The Service, operations and some features may also be dependent on the network, compatibility of the devices used and the content formats supported.
To access the Service, you may need to download a specific piece of software developed by Nokia or by another party.
Nokia may, in its sole discretion, change, correct or discontinue the Service in whole or in part. The Service may not be available during maintenance breaks and other times. To ensure you have the latest Nokia device software and applications, your device may automatically check for the availability of software updates from Nokia. If any are detected you will be prompted to approve the installation. You may disable automatic checking for updates through settings in your device. You may also install software through available software update channels. If Nokia considers a Software update to be important or critical you may not continue using the previous version of the Software. Nokia may prevent your use of the previous version of the Software or Service until you install the update.
Nokia may disable any Content or Software contained in your Service account for any reason and remove any Content or Software and/or disable copies of any application on your device in order to protect the Service, application providers, wireless carriers over whose network you access the service or any other affected or potentially affected parties.
A particular service may be a pre-release version, for example a beta release, and may not work in the way a final version works. Nokia may significantly change any version of Service or Software or decide not to release a final version.
Nokia may include access to sites and services on the Internet or preloaded clients that enable you to interact with sites and services that are owned or operated by third parties and that are not part of the Service. You must review and agree to the terms and conditions of these sites or services before using these sites or services.
Nokia has no control over the third party content, sites or services and assumes no responsibility for services provided or material created or published on these third-party sites or services. A link to a third-party site does not imply that Nokia endorses the site or the products or services referenced in the site.
In addition, you and other users may create content and links to content within the Service that has not otherwise been submitted to the Service. Nokia is not responsible for this type of content or links.
Service may include advertisements. Advertisements may be targeted to the content or information stored on the Service, queries made through the Service, or other information.
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, non-infringement, 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 its gross negligence or intentional misconduct, Nokia is not liable for any direct damages caused by your use or inability to use the Service. In no case will Nokia be liable for any indirect, incidental, punitive or consequential damages resulting from your use or inability to use the Service.
You agree to defend and indemnify Nokia from and against 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 rights, other rights or privacy of a third party, or (iii) misuse of the Service by a third party where the misuse was made possible by your failure to take reasonable measures to protect your username and password against misuse.
The Terms are governed by the laws of Finland without regard to its conflicts of law provisions.
Nokia may modify the Terms at any time without prior notice. If the Terms are changed in a material, adverse way, Nokia will provide a separate notice advising of the change.
You are responsible for regularly reviewing the Terms. Your continued use of the Service constitutes your consent to any changes and modification.
The Service, Content and Software are protected under international copyright laws. Nokia claims copyrights in its Service, Content, and Software to the maximum extent of the law. Subject to the Terms, Nokia retains all right, title and interest in the Service, its Content, the Software and in all other Nokia products, software and other properties provided to you or used by you through the Service.
Nokia may assign its rights and obligations under these Terms to its corporate parent, its subsidiaries, or to any company under common control with Nokia. Additionally, Nokia may assign its rights and obligations under these Terms to a third party in connection with a merger, acquisition, sale of assets, by operation of law or otherwise.
2011-09-01 9:03 - edited 2013-10-08 8:09
Effective date 28.3.2013
We will give you additional privacy information that is specific to a product or service in Supplements to this Policy and other notices you may see while using our products or services. If there is a difference between such notices and this Policy, the notices should be considered first.
Software on your device may access your information. Our products or services may contain links to other companies’ websites and services that have privacy policies of their own. Nokia is not responsible for the privacy practices of others and we recommend you read their privacy notices.
If you do not agree with this Policy, do not use our products and services or provide Nokia with your personal data.
We collect your personal data and other information when you make a purchase, use or register into our products and services, take part in campaigns or research or otherwise interact with us. This includes following categories:
Product and service activations Nokia products and services may require electronic activation, where your device and application type, phone number as well as unique device, application, network and subscription identifiers are sent to Nokia. Depending on your device model and settings, device location at the time of the first power up may also be collected.
Our applications may contact our servers periodically, for example to check for updates or to send us information relating to service usage. Additionally, we may invite you to join voluntary product and service improvement or research programs where detailed information is collected. See Supplements to this Policy for more details.
Information you provide us with When you create an account, make a purchase, request services, participate in research or campaigns or otherwise interact with us, we may ask for information such as your name, email address, phone number, street address, user names and passwords, feedback, information relating to your devices, age, gender, and language, bank account number, credit card details and other such financial information.
We also maintain records of your consents, preferences and settings relating to, for example, location data, marketing and sharing of personal data.
Your transactions with us We maintain records of your purchases, downloads, the content you have provided us with, your requests, agreements between you and Nokia, the products and services provided to you, payment and delivery details, your contacts and communications and other interactions with us. We may, in accordance with applicable law, record your communication with our customer care or with other such contact points.
Positioning and Location data Location-based services establish location through the use of satellite, mobile, Wi-Fi or other network based positioning methods. These technologies may involve exchanging your location data and unique device and mobile, Wi-Fi or other network related identifiers with Nokia. Our products using Microsoft operating system connect to both Microsoft’s and Nokia’s positioning servers. We do not use this information to identify you personally without your consent.
When you use our location based services and features, for example location based search, navigation and routing, or request for map data, your location data is sent to Nokia to serve you with the right content, which may also include location based advertising.
Nokia may process your personal data for the following purposes. One or more purposes may apply simultaneously.
We do not sell, lease, rent or otherwise disclose your personal data to third parties unless otherwise stated below.
Nokia companies and authorized third parties We may share your personal data with other Nokia companies or authorized third parties who process personal data for Nokia for the purposes described in this Policy. This may include for example billing through your network service provider or otherwise, delivery of your purchases, providing services including customer service, managing and analyzing consumer data, credit checks, conducting research and managing marketing and other such campaigns. When you purchase a Nokia product from us with a network service provider plan, we may need to exchange information with your network service provider to provide you with such service.
We may conduct joint marketing and other communications with our partners, for example your mobile operator. To avoid duplicate or unnecessary communications and to tailor the message to you we may need to match information that Nokia has collected with information that the partner has collected where this is permitted by law.
These authorized third parties are not permitted to use your personal data for any other purposes. We require them to act consistently with this Policy and to use appropriate security measures to protect your personal data.
International transfers of personal data Our products and services may be provided using resources and servers located in various countries around the world. Therefore your personal data may be transferred across international borders outside the country where you use our services, including to countries outside the European Economic Area (EEA) that do not have laws providing specific protection for personal data or that have different legal rules on data protection, for example, the United States of America. In such cases we ensure that there is a legal basis for such a transfer and that adequate protection for your personal data is provided as required by applicable law, for example, by using standard agreements approved by relevant authorities (where necessary) and by requiring the use of other appropriate technical and organizational information security measures.
Mandatory disclosures We may be obligated by mandatory law to disclose your personal data to certain authorities or other third parties, for example, to law enforcement agencies in the countries where we or third parties acting on our behalf operate. We may also disclose and otherwise process your personal data in accordance with applicable law to defend Nokia’s legitimate interests, for example, in civil or criminal legal proceedings.
Mergers and Acquisitions If we decide to sell, buy, merge or otherwise reorganize our businesses in certain countries, this may involve us disclosing personal data to prospective or actual purchasers and their advisers, or receiving personal data from sellers and their advisers.
Nokia products and services are typically intended for general audiences. Nokia does not knowingly collect information of children without the consent of their parents or guardians. Nokia publishes safety guidelines for using internet services in our websites.
We take reasonable steps to keep the personal data we possess accurate and to delete incorrect or unnecessary personal data.
We encourage you to access your personal data through your account from time to time to ensure that it is up to date.
Privacy and security are key considerations in the creation and delivery of our products and services. We have assigned specific responsibilities to address privacy and security related matters. We enforce our internal policies and guidelines through an appropriate selection of activities, including proactive and reactive risk management, security and privacy engineering, training and assessments. We take appropriate steps to address online security, physical security, risk of data loss and other such risks taking into consideration the risk represented by the processing and the nature of the data being protected. Also, we limit access to our data bases containing personal data to authorized persons having a justified need to access such information.
You have a right to know what personal data we hold about you. You have a right to have incomplete, incorrect, unnecessary or outdated personal data deleted or updated. You have a right to unsubscribe from direct marketing messages and to request that we stop processing your personal data for direct marketing purposes or on other compelling legal grounds. However, if you opt-out from marketing and other communications from Nokia, critical alerts may still be sent to you.
You may exercise your rights by contacting Nokia Care or by managing your account and choices through available profile management tools on your device and our services. In some cases, especially if you wish us to delete or stop processing your personal data, this may also mean that we may not be able to continue to provide the services to you.
Nokia Corporation of Keilalahdentie 4, 02150 Espoo, Finland is the controller of your personal data.
In addition, the Nokia affiliate providing the product or service may be a controller of your personal data. You may find the identity of the controller and its contact details by reviewing the terms and conditions of such a product or service or by using contact information provided in the applicable Nokia websites.
In matters pertaining to Nokia’s privacy practices you may also contact us at:
Nokia Inc., 200 S. Mathilda Ave., Sunnyvale, CA 94086, USAadheres to the EU-US/Swiss-US Safe Harbor Privacy Principles of Notice, Choice, Onward Transfer, Security, Data Integrity, Access and Enforcement, and is registered with the U.S. Department of Commerce's Safe Harbor Program. If you have questions or concerns about Nokia's participation in the Safe Harbor Framework, please contact:
200 S. Mathilda Ave., Sunnyvale, CA 94086, USA.
Attention: Legal Director, North America.
If you believe Nokia Inc. has not satisfactorily addressed your data privacy concerns, you may contact the EU Data Protection Panel at: Data Protection Panel Secretariat, Rue de Luxembourg 46 (01/126) B-1000 Brussels, BELGIUM, or by visiting http://circa.europa.eu/Public/irc/secureida/safeha
Nokia may from time to time change this Policy or change, modify or withdraw access to this site at any time with or without notice. However, if this Policy is changed in a material, adverse way, Nokia will post a notice advising of such change at the beginning of this Policy and on this site's home page for 30 days. We recommend that you re-visit this Policy from time to time to learn of any such changes to this Policy.
For the latest information on Nokia and privacy, you can always visit http://www.nokia.com/global/privacy/privacy/detail