1. These terms and conditions (the “Site Terms”) and the Nokia privacy policy available at pointandfind.nokia.com (“Privacy Policy”) shall govern the use by you of this website (“Site”), and the Nokia Point & Find services provided therein (“Services”), operated by Nokia Corporation, its subsidiaries, or affiliates (“Nokia”) and together shall constitute an agreement between you and Nokia of Espoo, Finland. These Site Terms are only applicable to this Services and the Site and do not apply to any other Nokia services, websites, business channels or other business operations, unless explicitly so stated. By accessing and using the Services or the Site, you expressly agree to the following Site Terms. If you do not agree to the following Site Terms, please note that you are not allowed to use the Site or the Services.
2. Nokia Point & Find Services enable customers to access content on the Internet simply by pointing a camera phone at real-world objects. The Service includes a simple and intuitive client which combines advanced technologies (including image recognition, specialized systems architecture and AI text prediction) with optimized content. Consumers get fast and relevant answers in the form of rich content, not just web-links. For instance, consumers can enter a ‘movie world’ and get context-sensitive information regarding the latest movies and the ability to various related actions: find the next show time at the closest theater, review movie trailers & reviews, purchase tickets, or review or listen to the movie soundtrack.
For businesses, Nokia Point & Find offers a new channel for reaching consumers at custom events or through promotional activities. An internet-based, online tool hosted by Nokia allows business users to associate pictures with actions, such as linking to a web page, making a phone call, sending an SMS, launching a video, showing a map, displaying a picture, and serving advertising. Through this online tool, custom experiences can be created, managed, edited, and launched so they can be shared with consumers.
Note: the Software which you use may from time to time automatically download and install updates from Nokia. These updates are designed to improve the Services and may take the form of bug fixes, enhanced functions, and/or new software versions. You agree to receive such updates as part of your use of the Services.
3. The contents of the Site are ©2008 Nokia Corporation (or the respective Nokia suppliers or other third parties). Any rights not expressly granted herein are reserved. Reproduction, transfer, distribution or storage of part or all of the contents in any form without the prior written permission of Nokia is prohibited except in accordance with the following terms. Nokia consents to you browsing Nokia World Wide Web pages on your computer or printing copies of extracts from these pages for your personal use only and not for redistribution unless consented to in writing by Nokia. Individual documents in our World Wide Web pages may be subject to additional terms indicated in those documents. Except as expressly set forth herein, use of the Site and the content therein, is permitted to private, non-commercial use. The use of press releases and other documents classified as public is permitted in public communications if the source for the information has been stated.
4. For your easy accessibility, Nokia will include links to sites on the Internet that are owned or operated by third parties. Upon following a link to such third-party site, you will need to review and comply with that site’s rules of use before using such site. If you use the Nokia Shopping World within the Service, you understand and agree that you will also be specifically subject to PriceGrabber’s Terms of Use and Privacy Statement found on the United States and United Kingdom PriceGrabber websites located at www.pricegrabber.com and www.pricegrabber.co.uk, respectively. You should be aware that third-party content presented to you as part of the Services (e.g., advertisements in the Services) may be protected by intellectual property rights which are owned by the third parties who provide that content to Nokia. You may not modify, sell, distribute or create derivative works based on this content unless you have been specifically permitted to do so in a separate agreement by Nokia or by the owners of that content, as the case may be.
You agree that Nokia has no control over the third party content of third-party sites and does not assume any responsibility for services provided or material created or published by such sites. You acknowledge and agree that Nokia is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such sites or resources. A link to a third-party site does not imply that Nokia endorses the site or the products or services referenced in the site.
5. To use the Service, you must be at least thirteen years of age. If you are at least thirteen years of age but a minor where you live, you must have permission from your parent or legal guardian to use the Service.
6. You agree to provide and maintain accurate, current and complete information when registering for the Service. When you register, you will need to create a username and a password. Later you may provide “guest secret words” to other users at your selection. You are personally responsible for any use of the Service using your account. You agree to take due care in protecting your log-in credentials against misuse by others. If you become aware of any unauthorized use of your account, you agree to promptly notify Nokia by emailing pointandfind.customer.support@nokia.com. You may cease registration if you do not wish to use the Service. After termination, you will no longer have access to the Service. Nokia may terminate your registration if it believes you have breached the Site Terms.
7. Nokia is a registered trademark of Nokia Corporation and Point & Find is a trademark of Nokia Corporation. Nokia’s product names are either trademarks or registered trademarks of Nokia. Other product and company names mentioned herein may be trademarks or trade names of their respective owners. The Site(s) of the Service and related software are protected under U.S. and international copyright laws and you are hereby notified that copyrights are claimed by Nokia Corporation and/or its affiliates. Your access to this site should not be construed as granting, by implication, estoppel or otherwise, any license or right to use any marks appearing on the site without the prior written consent of Nokia or the third party owner thereof. You agree to abide by any and all copyright notices displayed on the Service. You also agree not to attempt to decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service.
8. Usage
Nokia’s Point & Find Services allow users to upload,
download, host, share and/or publish content including, without
limitation, images, photographs, graphics, texts, feedback, data,
messages, and URL links to sounds, music, videos, software and
third party websites and other similar materials
(“Materials”). By submitting Material to any of our
servers (e.g., by e-mail or via the Site), you agree to:
You further agree that:
In addition, you also agree to comply with any and all other conduct requirements set forth in other sections of the Site Terms.
Community Voted Restrictions
Registered users of the Service may identify Materials they feel
are inappropriate or offensive within the context of a particular
channel and flag such Materials. Each time a flag is set, the
channel owner is automatically notified. If the user that has
submitted the Materials is not the same user as the channel owner,
a copy of the notification will be sent to such user. The
notification will not disclose the identity of the user who set
the flag nor include the user’s comments. If any Materials
is flagged as inappropriate within a specific channel by five or
more users, it is automatically removed from the channel and a
notification indicating the removal is sent. This policy is
implemented automatically and consistently and does not reflect
the opinions or view point of Nokia as to any particular
Materials.
PLEASE NOTE: We urge you to exercise tolerance when using the flagging function and to only use it as is reasonably necessary to maintain the integrity of a channel. Any abuse of the function by you can result in the termination of your registration.
Sharing to Non-Registered Users
Registered users of the Service can grant non-registered users the
right to view their private channel(s) by sending a “guest
link” in an e-mail message through the sharing function of
the Service. You acknowledge that the e-mail containing the guest
link may be re-distributed, and all those who receive a forwarded
copy of the e-mail have identical access abilities as the person
to whom you initially granted access. You are responsible for the
consequences and actions that may result or arise from anyone that
views your private channel(s) via your guest link. You warrant and
represent that you will exercise all necessary legal precautions
to comply with any applicable law when using the sharing function.
PLEASE NOTE: If Nokia receives complaints regarding any guest link
that you send or cause to be sent, Nokia may, at its sole
discretion without prior notice to you and without limiting other
actions, immediately disable channel(s) containing the offending
Materials and prevent the offending “guest link” from
being sent by you again.
Organic Content in 3rd Party Worlds
You agree that you are responsible for all Materials uploaded to
your world by other users and it is your responsibility to ensure
that the submitted Materials are in accordance with the
requirements set forth in the Site Terms.
Dealings with Others
You may interact with other users on or through the Service. Other
users may also add unfavorable comments or material to the Service
that identify your Materials or are displayed in connection with
your Materials. You agree that those interactions, comments and
material do not involve Nokia and are solely between you and the
other user(s).
Policy Regarding Allegations of Copyright Infringement
Nokia responds to notices of alleged copyright infringement in a
manner compliant with the Digital Millennium Copyright Act. To
provide or respond to notices of copyright infringement, you will
need to take the following steps:
NOTIFICATION OF ALLEGED COPYRIGHT INFRINGEMENT
If you have a “good faith” belief that Materials
provided on the Service infringes your rights, and you wish for
Nokia to address the accused infringing Materials, you must first
provide the following information in the manner described in lines
(1)-(7), which you can provide in a document entitled
“Notification”:
(1) Identify the copyright work you claim is infringed. What is
the original copyright work you claim is infringed?
(2) Identify the Materials that you claim is infringing the
copyright work. You also need to provide enough information for
Nokia to locate the accused Materials on the Service.
(3) Provide your contact information, including 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 Materials 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.”
(6) Provide your signature on the Notification (or an electronic
signature).
(7) Send your Notification to Nokia’s Designated Agent
address at:
Nokia Inc.
Designated Agent
One Market, Spear Tower, Suite 3500
San Francisco CA 94105
U.S.A.
Or contact us pointandfind.customer.support@nokia.com in order to report a copyright violation.
You should take statements 4, 5 and 6 above in the Notification very seriously. Complainants can be forced to pay significant fines and sanctions for misrepresenting copyright claims. If you are in any way unsure of your copyrights or the infringement of your copyrights, Nokia strongly urges you to contact an attorney before sending your Notification. If Nokia receives your Notification, and the Notification substantially complies with the above requirements from the DMCA, Nokia will remove or disable access to the accused Materials, subject to all other requirements of the DMCA. Some of the requirements are that if Nokia removes or disables access to the accused Materials, it must promptly attempt to notify the user - (if the user’s contact information is reasonably available to it) who uploaded the accused Materials that this has been done. The user will be provided an opportunity to submit a “Counter Notification.” If Nokia receives a “Counter Notification”, it will provide a copy to you accompanied by a notice explaining that Nokia needs to replace the removed Materials, or cease disabling access to it in ten business days, unless Nokia’s Designated Agent first receives notice from you that you have filed an action in court seeking an order to restrain the user from engaging in infringing activity relating to the accused Materials on Service.
COUNTER NOTIFICATION
If Nokia removes or disables access to Materials submitted by you
as a result of a Notification of alleged copyright infringement,
it will promptly attempt to identify and notify you if we it has
reasonable access to your contact information. If you disagree
with the allegation of copyright infringement, you can provide a
Counter Notification, which must include the following:
(1) Identify the Materials that has been removed or to which
access has been disabled.
(2) Provide this statement: “I swear under penalty of
perjury that I have a good faith belief that the content removed
or disabled was the result of a mistake or misidentification of
the content.”
(3) Provide your name, address and telephone number and email
address (if available).
(4) Provide this statement: “I consent to the jurisdiction
of the Federal District court for the judicial district in which
the address (above) is located, or if my address is outside the
United States, the Northern District of California State, USA, and
I will accept service of process from the person who provided the
notification/complaint or that person’s agent.”
(5) Sign the document (or provide an electronic signature).
(6) Send the Counter Notification to Nokia’s Designated
Agent at:
Nokia Inc.
Designated Agent
One Market, Spear Tower, Suite 3500
San Francisco CA 94105
U.S.A.
Or contact us pointandfind.customer.support@nokia.com in order to report a copyright violation.
You should take statements 2 and 4 above in the Counter-Notification very seriously. Misrepresentations made by those accused of copyright infringement can result in the payment of enhanced damages, fines and/or sanctions. If you are in any way unsure of whether there has been an infringement, Nokia strongly urges you to contact an attorney before sending your Counter-Notification.
9. THE SITE AND SERVICE ARE PROVIDED ON AN “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. NOKIA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY CONTENT OR INFORMATION PROVIDED BY OTHER USERS OF THE SERVICES.
10. NOKIA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL OR OTHER DAMAGES, LOST PROFITS, BUSINESS REVENUE, GOODWILL, ANTICIPATED SAVINGS, OR DATA, CAUSED BY THE USE OF OR INABILITY TO USE THE SERVICE EVEN IF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN ADVISED. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE EXCLUSIONS OR LIMITATIONS IN THE TERMS MAY NOT APPLY TO YOU. THE LIABILITY IS IN SUCH CASE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
11. The Privacy Policy and additional provisions in the Site Terms govern use of your personal data. As explained in more detail in the Privacy Policy, your personal data may be processed for the following purposes: to manage your account and identify you; to provide you with products and services you request or as otherwise may be necessary for the performance of the contract between you and Nokia Inc.; to ensure the functionality and security of Nokia’s services and of other users of Nokia’s service and to prevent fraud and other misuse; to improve Nokia products and services; to communicate with you (about, for example, important information relating to Nokia’s products and services or to inform you of new products and services or conduct market research); to personalize Nokia’s offering; to comply with mandatory legal requirements and in connection with law enforcement, civil or criminal legal proceedings.
Nokia may combine your personal data relating to your account with other personal data Nokia may have, provided that the data was collected for the same purposes. Nokia does not disclose your personal data to unauthorized third parties without your separate consent. However, Nokia may use other Nokia entities and authorized service providers to provide Nokia’s products and services on Nokia’s behalf and Nokia may transfer your data to such parties to the extent necessary for that purpose. If Nokia decides to sell, buy, merge or otherwise reorganize its businesses in some countries, this may involve Nokia disclosing personal data to prospective or actual purchasers, or receiving it from sellers, or their advisers.
Transfers of your personal data as described above may include transfers or disclosures outside the European Economic Area and in the United States of America or other regions where adequate protection for your personal data may not be guaranteed. In such a case Nokia takes appropriate measures to provide adequate protection for your personal data.
Nokia encourages you to manage your profile in the Service as it allows you to determine how your personal data, such as your email address, mobile phone number, user name and other such information collected during your registration or that you add to your profile are visible to other users of the Service. For example, you may add voluntary profile information to your profile, such as your location, occupation and other such information that may be relevant for social networking purposes or you have the option to only display your user name on the Service.
If you want to access, update or delete any personal data, or you want Nokia to stop processing your personal data for marketing purposes, contact us at pointandfind.customer.support@nokia.com
Your personal data relating to your account is controlled by
Nokia Inc.
Designated Agent
One Market, Spear Tower, Suite 3500
San Francisco CA 94105
U.S.A.
12. Some of the Services are supported by advertising revenue and may display advertisements and promotions, which will be targeted to the content of information stored on, or queries made through, the Services. In consideration for Nokia granting you access to and use of the Services, you agree that Nokia may place such advertising on the Services. You may also give us your consent to use your personal data for direct marketing purposes. You have the right, at any time, to prohibit us or our third-party designees from using any personal data collected from you for direct marketing purposes, even if you have earlier consented to such use. To prohibit the use of your personal data for direct marketing purposes or to amend, review or remove your personal data, please access nokia.com.
13. Your use of the Service may be or may become subject to charges. Nokia reserves the right to charge for the Services and to change its fees from time to time, at its discretion; provided, however any fees charged by Nokia will be announced separately in connection with the Service. You may incur additional fees from the use of mobile and Internet services of your network service provider.
14. 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 prevent your access to the Service or any part thereof if it believes you have breached the Site Terms. 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.
15. Nokia does not claim ownership in your Materials and your submitting of Materials to the Service does not transfer any ownership rights in the Materials to Nokia. Nokia provides content sharing services, and by using the Service, you hereby grant a license to Nokia in the Materials you post, which aids Nokia in providing the Service. The license you grant to Nokia is a worldwide license to use, copy, perform, display, and distribute the Materials you provide, and to prepare derivative works of, or incorporate into other works, your Materials. The license you provide to Nokia is non-exclusive, fully paid, royalty-free, perpetual and irrevocable and you agree to allow Nokia to grant and authorize sublicenses under the license (in other words, Nokia can sublicense the content to others under the license you provide to Nokia, but Nokia will only do so to promote and provide the Service, such as, for example, to other parties that aid Nokia in delivering the content electronically over networks). Nokia will only use the content in the course of providing or promoting the Service.
If you terminate your registration, your workspace and all channels you created will be deleted from the Service. Nokia will reasonably attempt to delete any Materials you provide in those channel(s) and your workspace. However, you acknowledge and agree that copies, derivatives of the Materials, or copies of such derivatives, may still reside within the Service, such as, for instance, backup copies. Also, in some circumstances, other users to which you provide access to Materials may cause copies or derivatives of that Materials to be created or transmitted, that later reside in multiple locations, within the Service or elsewhere. Nokia does not guarantee, nor is Nokia responsible for, removal of all traces of the Materials from the Service after you delete the Materials, or after your registration is terminated. Nokia is in no way responsible for the deletion of the copies of the Materials that reside outside of the Service.
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 Site Terms. Subject to the license granted herein, Nokia retains all right, title and interest in the Service, and all of Nokia’s products, software, and other properties provided to you or used by you through the Service.
You agree that your use of the Service does not grant you any intellectual property rights in any Materials accessible through the Service. You also agree that Nokia is not responsible in any way whatsoever, for protecting any intellectual property rights you may assert in your Materials. Furthermore, Nokia will not provide intellectual property notices or markings on any Materials you submit.
16. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS NOKIA, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS 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 SITE 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 POSSIBLE BY YOUR FAILURE TO TAKE REASONABLE MEASURES TO PROTECT YOUR USERNAME AND PASSWORD AGAINST MISUSE OR BY YOU GRANTING GUEST SECRET WORD TO SUCH THIRD PARTY.
17. Nokia reserves the right to modify the Site Terms at any time without prior notice. Such changed Site Terms will be effective once posted to the Site or as otherwise noticed to you. You are responsible for regularly reviewing the Site Terms. You understand and agree that if you use the Services after the date on which the Site Terms have changed, Nokia will treat your use as acceptance of the updated Site Terms.
18. You may stop using the Services at any time. You do not need to specifically inform Nokia when you stop using the Services. The Site Terms will continue to apply until terminated by either you or Nokia as set out below. If you want to terminate your legal agreement with Nokia, you may do so by (a) notifying Nokia at any time in writing at the following address pointandfind.customer.support@nokia.com, and (b) closing your accounts for the Services which you use.
Nokia may at any time suspend Service and/or terminate its legal
agreement with you if:
(A) you have breached any provision of the Site Terms; or
(B) Nokia is required to do so by law; or
(C) Nokia is planning to no longer provide the Services to users
in the country in which you are located or use the service; or
(D) the provision of the Services is, in Nokia’s opinion, no
longer commercially viable.
19. You may not assign any rights or obligations under these Site Terms without Nokia’s prior written consent. Nokia may assign these Site Terms or its rights and obligations hereunder to a third party without your prior notice or approval.
20. Except where prohibited by applicable law or provided otherwise herein, the Site 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 Site Terms shall be governed by the laws of New York without regard to its conflicts of law provisions. Any and all claims, except claims for monies due to Nokia, arising out of or relating to the purchase of products, content or services by you shall be barred unless an action or legal proceeding is commenced within eighteen (18) months after the date you or Nokia knew or should have known of the facts giving rise to such claim. Any dispute relating in any way to your use of the Service, or your Materials, product or service order from the Service, shall be submitted (together with any counterclaims and disputes under or in connection with other transactions or agreements between you and Nokia) to final and binding, confidential arbitration in Westchester County, New York, except that Nokia may seek injunctive or other appropriate 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”) (except as such rules may be modified by the provisions of the Site Terms), Each Party shall submit or file any claim which would constitute a compulsory counterclaim (as defined by Rule 13 of the Federal Rules of Civil Procedure) within the same proceeding as the claim to which it relates. Any such claim which is not submitted or filed in such proceeding shall be barred. Subject to any terms contained in the Site Terms limiting or excluding damages, the arbitrator may award any relief that the arbitrator deems proper, including without limitation equitable relief, provided that no award of exemplary, special, consequential or punitive damages shall be permitted. The prevailing party, as determined by the arbitrator, shall pay the AAA arbitration fees and the arbitrator’s fees and expenses, as applicable. The arbitrator’s award shall be binding and may be entered as a judgment and enforceable in any court of competent jurisdiction. To the fullest extent permitted by applicable law, the arbitration shall be conducted on an individual, not a class-wide basis, and no arbitration under the Site Terms shall be consolidated with or joined to an arbitration involving any other person or entity, whether through class arbitration proceedings or otherwise, without the prior written consent of you and Nokia.
21. The Site Terms shall neither exclude nor limit any of your mandatory rights in your country of residence. If a provision of the Site 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 Site Terms. If there is any conflict between these Service Site Terms and Privacy Policy, the provisions of these Service Terms shall prevail. The provisions of the Site Terms that are intended to survive termination shall remain valid after any termination.