Terms and Conditions for Nokia Developer Services
TERMS OF SERVICE
There may be additional terms and conditions applicable to certain parts or features of the Service, including purchases of goods or services, uploading of applications or other material, contests, promotions or other similar features, all of which terms are made a part of these Terms by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature.
If there is a conflict between these Terms and the terms posted for or applicable to a specific part of Service or for any service offered on or through Nokia Developer, the latter terms shall control with respect to your use of that part of Service or other specific service. The service specific terms relating to the Remote Device Access Services are contemplated at the end of these Terms.
By using the Service, you agree to these Terms.
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 to accept your registration and use of the Services on your behalf. Anyone completing the registration must be legally competent.
To use some resources the Service provides, you need to register. Registration may also be needed for specific parts of the Service which may only be available by invitation by Microsoft Mobile.
You agree to provide truthful and complete information when you register, and to keep that information updated.When you register, you will create a username and a password. You (and your parent or legal guardian, if you are a minor) 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 promptly notify Microsoft Mobile about any misuse.
4. Using the Service
You agree to:
- Use the Service only for your personal purposes;
- Not sell or in any other way transfer the benefits of the Service to any third party;
- Comply with applicable laws, the Terms and good manners;
- Respect the privacy of others; and
- Not use any technologies that may harm the Service, other Service users or the interest or property of the Service users.
Microsoft Mobile may but has no obligation to:
- Monitor or moderate any material or content in the Service;
- Remove any material from the Service; and
- Restrict access to any part of the Service at any time in its sole discretion.
Downloading and/or using any software, tool or other material available through the Service is subject to the terms and conditions set forth in the Nokia Developer End-User Software Agreement (“EUSA”) attached to the end of these Terms. However, certain software or tools provided by Microsoft Mobile to you through the Service may be accompanied by their own licensing terms, in which case such licensing terms will govern your use of that particular software or tool and in such case the terms and conditions of the EUSA shall not apply.
6. Submissions of User Content
Some parts of the Service allow users to send, post, upload, edit, host, share and/or publish content including, without limitation, text, code, software, applications, images, icons, photographs, graphics, sounds, music, videos, feedback, data, messages, answers, questions, comments, suggestions, scores, hints, ideas, plans, orders, requests, report or the like or any other materials (“User Content”).
When other users of the Service access or download your User Content, you also grant to such users a perpetual, worldwide, royalty-free and non-exclusive license to use, reproduce and have reproduced, modify and have modified, publicly perform and display such User Content and distribute reproduced and modified copies of such User Content for their personal and non-commercial use.
By submitting User Content to the Service and using the Service you represent and warrant that:
(a) you own the User Content submitted by you to the Service and/or you have obtained any consents, permission or licenses that may be legally required for you to submit any User Content and grant the license set forth in this section;
(b) User Content does not infringe or misappropriate any patent, copyright, trademark, trade secret or any other intellectual property rights of others;
(c) User Content submitted by you is not unlawful, defamatory, offensive, abusive, inappropriate, libellous, threatening, pornographic, harassing, racially or ethnically offensive or otherwise unfit for publication or does not encourage to any illegal activity, criminal offence or civil liability;
(d) User Content submitted by you does not contain a virus, Trojan horse, sniffer, routines, backdoors, robots, spiders, worms, time bombs, bots, or any other harmful software code, file, program or programming routine, or other contaminating or destructive features;
(e) you will not submit any unauthorized or unsolicited bulk e-mail solicitations, chain letters, advertisements, marketing or promotional materials, junk mail, spam, pyramid schemes or any other solicitations or communications, including without limitation spamming us or other users of the Service, or use or collect other users’ e-mail addresses or phone numbers, or other users’ information or postings, or use the site or service to perform any data collection, extraction or mining or gain or attempt to gain unauthorized access to our or any Service’s visitor’s computer system;
(f) you agree not to take action against Microsoft Mobile in relation to User Content that you submit; and
(g) your use of the Service will not compromise the security or integrity of Microsoft Mobile’s computer systems, networks, or web site(s) or servers, whether by allowing intruders into the same, introducing viruses or other threats, imposing a disproportionate or unreasonably large load on the Service or its infrastructure, or using any computer programming routine, file, or device to damage or interfere with the operation of the Services.
Any use of the Service which does not comply with the foregoing is strictly prohibited. Microsoft Mobile expressly disclaims any liability arising out of or relating to the User Content. For written notifications of any User Content which is inappropriate, unlawful, defamatory, offensive, abusive or otherwise unfit for publication please write to us to email@example.com stating your full name and address, details of the location of the User Content in question and a detailed explanation why it is inappropriate, offensive or unlawful. Microsoft Mobile may remove any User Content that in the sole judgment of Microsoft Mobile violates the Terms or which may be offensive, illegal or violate the rights of, or harm or threaten the safety of, any person. Microsoft Mobile assumes no responsibility for monitoring the Service for inappropriate User Content or conduct. If at any time Microsoft Mobile chooses, at its sole discretion, to monitor the Service, Microsoft Mobile nonetheless assumes no responsibility for the User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of users.
7. Allegations of Copyright Infringement
You may notify Microsoft Mobile 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 Inc., Copyright Agent, 200 S. Mathilda Ave., Sunnyvale, CA, 94086, USA or (c) via the online form, if available. Your notice must:
(a) identify the original copyrighted work you claim is infringed;
(b) identify the content on the Service that you claim is infringing the copyrighted work. Please provide enough detail for Microsoft Mobile to locate the allegedly infringing content on the Service;
(c) provide your contact information, including your full name, mailing address, telephone number, and email address, if available;
(d) 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;
(e) 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
(f) provide your signature, as applicable.
Your use of the Service may be or may become subject to charges. Any fees charged by Microsoft Mobile will be announced separately in connection with the Service.
9. Purchase and Payment Terms
Anyone completing an order must be legally competent. You agree that all orders placed shall be legally valid and binding. As used here, “order” shall mean the selection of the consultancy and/or support service available in the Service accompanied by the entering and sending of payment method and information, as well as selecting the “buy”, “ok” or “I accept” choice in the purchase order flow, or other indication of acceptance of your order that is presented to you in the purchase order flow. All orders are subject to acceptance by Microsoft Mobile.
You may pay by credit or debit card, or other payment methods if available. Your credit or debit card must have a billing address in the country where the Service is available to enable you to make a purchase. Microsoft Mobile will charge your credit card or debit your bank account within a reasonable time after you have made your purchase. All credit card payments are subject to validation checks and authorisation by the card issuer.
You agree to ensure that the instrument of payment for the payment method used is valid at the time of the transaction, that you are the rightful holder of the instrument and that the instrument is used within its credit limits. You are bound by your electronic order and you agree to pay for related transactions.
The prices in the Service may be subject to 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. Microsoft Mobile assumes no responsibility for the payment of such or any other third party service fees or charges.
10. Cancellations and Refunds
No fee or charge paid by you in relation to the Service is refundable except where otherwise provided in applicable service specific terms.
Microsoft Mobile may post notices within the Service. Microsoft Mobile may also send you notices about the Service to the email address or telephone number you have provided to us. Microsoft Mobile will assume that you have received such notices at the latest within seven (7) days from Microsoft Mobile sending or posting those. Your continued use of the Services constitutes your receipt of all notices regardless of delivery method.
12. Intellectual Property Rights
Save for all User Content (as defined in section 5 above), the content on the Service, including, without limitation, images, icons, photographs, graphics, sounds, music, videos, texts, software, feedback, data, messages, answers, questions, comments, suggestions, scores, hints, ideas, plans, orders, requests or the like or any other materials (“Content”) are owned and/or controlled by Microsoft Mobile or its respective licensors and are protected under copyright and other intellectual property right laws. All trade names, trademarks and service marks appearing on the Content are the property of Nokia, Microsoft Mobile, or respective third parties. This Agreement does not grant you any rights to use the Nokia or Microsoft Mobile name or to use any trademarks of Nokia or Microsoft Mobile. Any rights not expressly granted herein are reserved.
All Content is for your application development purposes and for your personal use only and may not be used, modified, reproduced, transmitted, published, sold, licensed or distributed to any third parties as such or in combination with any applications if the Content would constitute the primary value of the product being distributed, or exploited in any other way without the written consent of Microsoft Mobile or the respective right holder.
Microsoft Mobile also permits you to establish a link to materials on the Service for personal and non-commercial use. Your access to the Service should not be construed as granting, by implication, estoppel or otherwise, any license or right to use any marks appearing on the Service without the prior written consent of Microsoft Mobile or the third party owner thereof. You agree not to remove any copyright or other proprietary notices if you download or print Content. You also agree not to circumvent or disable any security or other technical features that prevent or restrict the use or copying of the Content.
Microsoft Mobile or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. If, despite the request that you not send us your ideas and materials, you still send them, Microsoft Mobile makes no assurances that your ideas and materials will be treated as confidential or proprietary.
By submitting any ideas, feedback and/or proposals (“Feedback”) to Microsoft Mobile through the Service or other means, you acknowledge and agree that: (1) Microsoft Mobile may have similar development ideas to the Feedback; (2) your Feedback do not contain confidential or proprietary information of you or any third party; (3) Microsoft Mobile is not under any obligation of confidentiality with respect to the Feedback; (4) Microsoft Mobile may freely use, exploit and further develop and modify such Feedback for any purpose; and (5) you are not entitled to any compensation of any kind from Microsoft Mobile.
14. Personal Data
15. Direct Marketing
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 log-in to the site and go to your profile page.
16. Third Party Information
Microsoft Mobile may include access to sites and services on the Internet 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 such sites or services before using such sites or services.
You agree that Microsoft Mobile has no control over the content of third-party sites or services and cannot assume any responsibility for services provided or material created or published by such sites or services. Any link to a third-party site or references to third parties and third party products in any materials, advertising, promotions or coupons provided to program members are for informational purposes only and constitutes neither an endorsement nor a recommendation. All third party product specifications and descriptions are supplied by the respective vendor or supplier, and Microsoft Mobile shall have no responsibility with regard to the selection, performance, or use of these vendors or products. All understandings, agreements, or warranties, if any, take place directly between the vendors and the prospective users.
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. You agree that Microsoft Mobile is neither responsible for nor liable for any such content or links.
The Service may not be available in all countries and may be provided only in selected languages. The Service may be network dependent. Contact your network service provider for more information.
The Service may not be available during maintenance breaks and other times. Microsoft Mobile is also constantly developing its Service in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Service may change from time to time without prior notice. As part of this continuing development, you acknowledge and agree that Microsoft Mobile may stop (permanently or temporarily) providing the Service or any features within the Service to you or to users generally at Microsoft Mobile’s sole discretion without prior notice.
Microsoft Mobile may also provide updates to the Software that are considered as important or critical by Microsoft Mobile, and in such case you may not continue using the previous version of the Software and the use of the previous version of the Software or Service may be prevented without installation of the update.
18. Disclaimer of Warranties
THE SERVICE, AS WELL AS CONTENT AND USER CONTENT THEREOF, ARE PROVIDED BY MICROSOFT MOBILE ON AN “AS IS” AND “AS AVAILABLE” BASIS. MICROSOFT MOBILE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR OR VIRUS-FREE. MICROSOFT MOBILE EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ACCURACY, RELIABILITY OR CONTENT OF THESE PAGES. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT YOU ARE EXPOSED TO USER CONTENT FROM VARIOUS SOURCES. MICROSOFT MOBILE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY USER CONTENT OR INFORMATION PROVIDED BY OTHER USERS OF THE SERVICE.
19. Limitations of Liability
EXCEPT FOR LIABILITY FOR DEATH OR PERSONAL INJURY OR DAMAGES CAUSED BY INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE, MICROSOFT MOBILE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS 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 SITE AND 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 ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. OUR LIABILITY IS IN SUCH CASE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THE SERVICE IS HOSTED AND MADE AVAILABLE FROM FINLAND. IN THE EVENT YOU ACCESS THE SERVICE FROM OTHER JURISDICTIONS, YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH THE LOCAL LAW.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS MICROSOFT MOBILE, ITS AFFILIATES, 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 THESE TERMS; (II) YOUR INFRINGEMENT OR VIOLATION OF ANY INTELLECTUAL PROPERTY, OTHER RIGHTS OR PRIVACY OF A THIRD PARTY; AND (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.
Microsoft Mobile may assign its rights and obligations under these Terms to any Microsoft Mobile corporate parent, subsidiary or company under common control with Microsoft Mobile. Additionally, Microsoft Mobile may assign its rights and obligations under these Terms to a third party in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
22. Export Control
The Service is subject to applicable export control laws in the USA, Finland and other countries, including, without limitation, regulations administered by the US Department of Commerce’s Bureau of Industry and Security and the Department of the Treasury’s Office of Foreign Assets Control. You agree to abide by these laws and not to transfer or make available, by electronic transmission or otherwise any content, software, encryption or materials subject to restrictions under such laws to a destination prohibited by such laws.
23. Choice of Law and Jurisdiction
The Terms shall be governed by the laws of Finland without regard to conflict of law provisions. You agree that any dispute arising out of these Terms shall be resolved exclusively in the district court of Espoo, Finland.
You may terminate your account and agreement with Microsoft Mobile if you no longer wish to use the Service. After termination, you will no longer have access to certain parts of the Service.
Microsoft Mobile may at any time terminate your account and agreement with you, or restrict your access to certain parts of the Service, if: (a) there is an indication that you have breached any provision of the Terms; (b) if you have not signed into the Service with your username in the past six (6) months; (c) Microsoft Mobile is required to do so by law; or (c) the provision of the Service is, in Microsoft Mobile’s sole opinion, no longer commercially viable.
After the User Content is removed from the Service by either you or Microsoft Mobile, traces and copies of the Material may still remain.
In the event of termination, the provisions of the Terms that are intended to survive such termination shall remain unaffected including, without limitation, Clauses 19 (Limitations of liability) and 20 (Indemnity).
26. Changes in Terms
Microsoft Mobile may modify the Terms at any time without prior notice. If the Terms are changed in a material, adverse way, Microsoft Mobile will provide a separate 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.