SERVICE TERMS

1. Acceptance

These Service Terms together with the Privacy Policy (collectively “Terms”) govern your use of the application or website where you accessed these Service Terms and use of the related services (collectively "Service") and the Terms constitute an agreement between you and Nokia Corporation defining the rights and responsibilities of you and Nokia Corporation including its affiliates and suppliers (collectively “Nokia”) with respect to the Service. There may be additional conditions applicable to certain parts of the Service.

You are not allowed to use the Service if you do not agree to the Terms.

2. Eligibility

To use the Service, you must be at least thirteen (13) years of age. If you are at least thirteen (13) years of age but a minor where you live, you must review the Terms with your parent or legal guardian and have him complete the registration on your behalf in order you to be allowed to use the Service. The person completing the registration must be legally competent.

3. Registration and Termination

You agree to provide truthful and complete information when registering for the Service and to keep that information updated. Providing misleading information about your identity is forbidden.

When you register, you will need to create a username and a password. You (and your parent or legal guardian, if applicable) are personally responsible for any use of the Service with your username and password. You agree to take due care in protecting your username and password against misuse by others and agree to promptly notify Nokia about any such misuse.

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 if there is an indication that you have breached the Terms or with a prior notice if there is no indication that you have used the Service the past six (6) months.

4. Using the Service

You agree to:
Comply with applicable laws, the Terms and good manners;
Not submit unlawful, offensive, abusive, pornographic, harassing, libelous or other inappropriate content;
Respect the privacy of others;
Obtain any consents, permission or licenses that may be required for you to have the legal right to submit any content; and
Not distribute or post spam, unreasonably large files, chain letters, pyramid schemes, viruses or any other technologies that may harm the Service, or the interest or property of the Service users.
Nokia may but has no obligation to:
Monitor or moderate any of the content; and
Remove any content from the Service and restrict access to any part of the Service at any time in its sole discretion.

5. Licenses

Nokia does not claim ownership in your content. Your submitting of content to the Service does not transfer ownership rights in the content to Nokia.

However, by using the Service you hereby grant to Nokia a worldwide non-exclusive, assignable, fully paid, royalty-free, perpetual and irrevocable license to use, copy, publicly perform, display, distribute and modify the content you submit, and to prepare derivative works thereof, or incorporate the content into other works as well as sublicense the same.

Users of the Service are granted a non-exclusive, non-transferable, revocable license (revocable at the sole discretion of Nokia at any time) to access and use the Service strictly in accordance with the Terms. Any further intellectual property rights in any content in the Service are not granted.

6. Fees

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.

7. 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.

8. 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).

9. Personal Data

The Privacy Policy and additional provisions in these Bantora Service Terms govern use of your personal data.

10. 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 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, incidential, punitive or consequential damages caused by the use or inability to use the Service.

11. 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.

12. Miscellaneous

12.1 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.

12.2 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 Bantora Service Terms and the Privacy Policy, the provisions of these Bantora Service Terms shall prevail. The provisions of the Terms that are intended to survive termination shall remain valid after any termination.

12.3 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.

12.4 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 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.

In addition, users may create links within the Service to content that has not otherwise been submitted to the Service. You agree that Nokia is neither responsible for nor liable for any such links.

13. Intellectual Property Notices

NOKIA, NOKIA CONNECTING PEOPLE and Bantora are trademarks or registered trademarks of Nokia Corporation.

The Service and related software are protected under international copyright laws and you are hereby notified that copyrights are claimed by Nokia. Subject to the Terms, Nokia retains all right, title and interest in the Service and in all Nokia's products, software and other properties provided to you or used by you through the Service.

© 2008 Nokia. All rights reserved.