Nokia 5800 XpressMusic User Manual page 56

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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. Your network
service provider may charge for such data
transmission.
Nokia assumes no responsibility for the payment of any
charges.
8. Availability
The Service may not be available in some countries and
may be provided only in selected languages. The
Service may be network dependent, contact your
network service provider for more information.
Nokia reserves the right, in its sole discretion, to
change, improve and correct the Service. The Service
may not be available during maintenance breaks and
other times.
Nokia may also decide to discontinue the Service or any
part thereof in its sole discretion. In such case you will
be provided a prior notification.
9. Dealings with Others
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).
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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.
© 2009 Nokia. All rights reserved.

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