Nokia 5800 XpressMusic User Manual page 57

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 be joined with an arbitration involving
any other person or entity.
13.2 Validity
The Terms shall neither exclude nor limit any of your
mandatory rights in your country of residence. If a
provision of the Terms is found to be invalid, the
validity of the remaining provisions shall not be
affected and the invalid provision shall be replaced
with a valid provision that comes closest to the result
and purpose of the Terms. If there is any conflict
between these Ovi Service Terms and the Privacy Policy,
the provisions of these Ovi Service Terms shall prevail.
The provisions of the Terms that are intended to
survive termination shall remain valid after any
termination.
13.3 Changes in Terms
Nokia reserves the right to modify the Terms at any
time without prior notice. If the Terms are changed in
a material, adverse way, Nokia will provide a separate
prior notice advising of such change.
You are responsible for regularly reviewing the Terms.
Your continued use of the Service shall constitute your
consent to any changes and modifications.
13.4 Links to Third Party Sites and Content
For your easy accessibility Nokia may include links to
sites on the Internet that are owned or operated by
third parties and that are not part of the Service. Upon
following a link to such a third-party site, you shall
review and agree to that site's rules of use before using
such site.
You agree that Nokia has no control over the content
of third-party sites and cannot assume any
responsibility for services provided or material created
or published by such sites. A link to a third-party site
does not imply that Nokia endorses the site or the
products or services referenced in the site.
© 2009 Nokia. All rights reserved.
57