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9 <p>Nokia Internet Radio service (“Service”) enables you to discover and experience the content of Internet radio stations. YOU AGREE THAT YOUR USE OF THE SERVICE ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, YOU HAVE UNDERSTOOD IT AND YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. If you do not agree, please note that you will not be allowed to use the Service.</p> |
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10 |
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11 <p></p> |
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12 |
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13 <h1>1. DEFINITIONS</h1> |
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14 |
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15 <p></p> |
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16 |
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17 <p>Internet radio stations are entities that generally produce and distribute audio content and related metadata over the Internet in a stream.</p> |
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18 |
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19 <p></p> |
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20 |
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21 <p>The link to the Internet radio station is a resource locator or a set of resource locators that enable the user to access the content streamed by the Internet radio station.</p> |
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22 |
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23 <p></p> |
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24 |
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25 <h1>2. THE SERVICE</h1> |
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26 |
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27 <p></p> |
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28 |
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29 <p>The Service enables the following:</p> |
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30 <p>1. browsing of links to Internet radio stations;</p> |
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31 <p>2. accessing the content of Internet radio stations;</p> |
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32 |
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33 <p></p> |
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34 |
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35 <h1>3. USE OF THE SERVICE</h1> |
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36 |
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37 <p></p> |
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38 |
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39 <p>Use of the Service is only permitted for your private and non-commercial use. Nokia shall own all intellectual property rights relating to the Service.</p> |
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40 |
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41 <p></p> |
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42 |
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43 <p>Nokia reserves the right to change these terms and conditions by informing you of such change.</p> |
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44 |
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45 <p></p> |
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46 |
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47 <h1>4. PRIVACY</h1> |
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48 |
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49 <p></p> |
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50 |
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51 <p>Nokia is committed to protecting user privacy, and thus implements strict confidentiality policies.</p> |
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52 |
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53 <p></p> |
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54 |
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55 <p>In order to monitor the use of and to improve the Service, Nokia may collect usage data including, but not limited to, information about the Internet radio stations accessed, the time spent on each station and the items rated as favourites.</p> |
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56 |
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57 <p></p> |
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58 |
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59 <p>Nokia does not collect any information that allows identification of the user of the Service.</p> |
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60 |
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61 <p></p> |
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62 |
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63 <h1>5. SERVICE AVAILABILITY</h1> |
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64 |
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65 <p></p> |
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66 |
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67 <p>The Service is provided as a convenience to you. It is provided "as is" and on an "as available" basis. Nokia does not guarantee that the Service shall be uninterrupted or error-free. Nokia reserves the right to revise the Service or withdraw access to it at any time.</p> |
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68 |
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69 <p></p> |
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70 |
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71 <p>Nokia may provide upgrades for software applications related to the Service at its sole discretion.</p> |
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72 |
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73 <p></p> |
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74 |
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75 <h1>6. DISCLAIMER AND LIABILITY</h1> |
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76 |
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77 <p></p> |
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78 |
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79 <p>For your ease of accessibility, Nokia may include links to Internet radio stations that are owned or operated by third parties. Nokia does not guarantee that the links to Internet radio stations will be operational. In addition, the content that is not related to Nokia does not imply whatsoever that Nokia endorses the content as such or the products or services referenced in such content.</p> |
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80 |
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81 <p></p> |
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82 |
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83 <p>You must review and agree to each station's rules of use, if any, before accessing it. You also agree that Nokia has no control over the content of third-party services and cannot assume any responsibility for the content provided by Internet radio stations.</p> |
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84 |
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85 <p></p> |
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86 |
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87 <p>Accessing the content of Internet radio stations using the Service may involve the transmission of large amounts of data through your service provider's network. Contact your service provider for information about data transmission charges. Note that using the Service with Internet radio stations that are delivering higher bit rate streams to you may incur higher costs associated with data traffic.</p> |
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88 |
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89 <p></p> |
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90 |
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91 <p>The data traffic associated with the usage of the Service may include the following at least: updating the content of the stations’ directory, streaming data from the Internet radio station, collecting statistical data and upgrading the Internet radio application.</p> |
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92 |
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93 <p></p> |
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94 |
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95 <p>Nokia is not liable for the costs of data traffic associated with your use of the Service.</p> |
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96 |
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97 <p></p> |
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98 |
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99 <p>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. NOKIA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF NOKIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF NOKIA WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.</p> |
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100 |
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101 <p></p> |
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102 |
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103 <p>Nothing contained herein shall prejudice the statutory rights of any party dealing as a consumer. Nothing contained herein limits Nokia's liability in the event of death or personal injury resulting from Nokia's negligence.</p> |
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104 |
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105 <p></p> |
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106 |
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107 <h1>7. POLICY REGARDING ALLEGATIONS OF COPYRIGHT INFRINGEMENT</h1> |
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108 |
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109 <p></p> |
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110 |
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111 <p>If you believe that your copyrighted work has been handled in a way that constitutes copyright infringement, you may notify Nokia by providing a notification including the following:</p> |
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112 |
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113 <p></p> |
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114 |
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115 <p>(1) A physical or electronic signature of a person authorised to act on behalf of the owner of the exclusive right that is allegedly infringed;</p> |
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116 |
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117 <p></p> |
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118 |
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119 <p>(2) Identification or description of the copyrighted work claimed to have been infringed;</p> |
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120 |
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121 <p></p> |
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122 |
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123 <p>(3) Identification or description of the material that is claimed to be infringing and information reasonably sufficient to locate the material;</p> |
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124 |
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125 <p></p> |
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126 |
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127 <p>(4) Your name, address, telephone number, e-mail address and any other information that will permit Nokia to contact you;</p> |
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128 |
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129 <p></p> |
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130 |
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131 <p>(5) A statement that you believe, in good faith, that use of the material in the manner on which this complaint is based is not authorised by the copyright owner, its agent or the law; and</p> |
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132 |
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133 <p></p> |
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134 |
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135 <p>(6) A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.</p> |
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136 |
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137 <p></p> |
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138 |
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139 <p>The notification must be sent to our Designated Agent address at:</p> |
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140 |
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141 <p></p> |
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142 |
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143 <p>Copyright.Notices@nokia.com</p> |
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144 |
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145 <p></p> |
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146 |
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147 <h1>8. GOVERNING LAW</h1> |
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148 |
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149 <p></p> |
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150 |
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151 <p>As used in these terms and conditions, "Nokia" means Nokia Corporation. Nokia operates and controls the Service from locations within Finland. As such, the information contained on the Service hereby is deemed to be provided in Finland.</p> |
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152 |
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153 <p></p> |
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154 |
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155 <p>Except where prohibited by applicable law, these terms and conditions shall be governed by the laws of Finland without regard to conflict of law provisions. For US residents: These terms and conditions shall be governed by the laws of Texas.</p> |
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156 |
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157 <p></p> |
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158 |
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159 <p>Copyright © Nokia Corporation 2006. All rights reserved.</p> |
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