N-Gage | Account Terms

N-GAGE ACCOUNT CREATION TERMS

(Version 2008-1; posted and effective as of January 1, 2008)

1. Acknowledgement and Acceptance

By registering for a Player Name and/or to be a user of N-Gage services ("Services") at any site to which these Membership Terms are applied and from which you have accessed these Membership Terms ("Site"), you, as a "Member" of the Site(s) and Services, by using the Services and Sites you accept and agree to these N-Gage Membership Terms (the "Membership Terms"). The Site(s) and Services offered to you are conditioned on your acceptance (without modification) of these Membership Terms and any other terms and notices, for example campaign-specific terms, applicable Site Terms and Privacy Policy, which may be incorporated by reference or are presented otherwise on the Site(s) or in connection with the Services. Your use of the Site(s) and Services constitutes your agreement to all such terms, conditions, and notices. Therefore, you agree to familiarize yourself with these Membership Terms and any other applicable terms and notices which may be incorporated by reference or are presented otherwise on the Site(s) or in connection with the Services and abide by them in connection with your use of the Site(s) and Services.

In the event of any discrepancy between these Membership Terms, Site Terms and/or Privacy Policy these Membership Terms shall prevail.

If you do not agree to these Membership Terms, you are not allowed to register as a Member of the Arena community and you must immediately discontinue your use of the Site(s) and Services.

2. Eligibility for the Services

You must be at least 13 years old to use this Service. We apologize for any inconvenience this may cause. This age restriction is part of Nokia's commitment to ensure compliance with law.

Notwithstanding the foregoing, if you are thirteen (13) years of age but deemed as a minor under the legislation of your country, you should review these Terms and Conditions with your parent or legal guardian and get their prior approval for registration and/or use Services and Site.

A parent or a legal guardian of a person over the age of 13, may register themselves as a Member and thereafter allow the minor in question to access the Site and use the Services under the parent's or guardian's guidance and supervision to the extent the access to the Services is not conditional upon the user being of certain age (for example some of the games may be subject to age restrictions, as governed by the applicable legislation). Such use shall be in its entirety under the responsibility of the parent or guardian in question, and Nokia does not recommend such use, but recognizes that parents may exercise their own judgment with respect to the products and services that they allow their underage children to use. Nokia specifically requires that no personal information whatsoever of any such minor shall be provided to Nokia.

3. Service Restrictions

The Site(s) and Services may be offered in some countries only and may be provided only in selected languages.

Use of some of the Site(s) and/or Services may be country and/or language specific, or specific to a certain game, product or service, geographic area, or other criteria as informed within the applicable Site(s) and Service descriptions.

The Site(s) and Services provided herein may be network dependent and may require network support. In order to be able to use the Services you may need to ensure that your service provider supports data traffic delivery (GPRS, 3G and/or WLAN) and that you have subscribed to these services. Some networks also have other limitations that may affect your ability to use the Site(s) and Services. You are responsible for obtaining any information necessary regarding your abilities to use the Site(s) and the Services from your respective service provider.

4. Possible Fees Related to the Services

Use of some of the Site(s) and/or Services may be subject to a separate charge (including license fees), which is then announced separately within the Site(s) and in connection with the Services.

You may incur additional fees from the use of mobile and/or Internet services of your network or other telecommunications operator/carrier and/or other service provider, including without limitation SMS, GPRS, 3G, WLAN and WAP browsing and other services that require the use of airtime and mobile data services. Nokia assumes no responsibility for the payment of such fees. Your operator/carrier is in every respect solely responsible for the services it provides to you.

5. Applicability of Membership Terms and Other Terms

These Membership Terms and any other applicable terms govern all use, transactions, and operations between Nokia Corporation, its affiliates, subsidiaries and suppliers (collectively "Nokia") and you on the Site(s) and with respect to the Services. These Membership Terms and any other applicable terms shall govern all activities conducted through the Site(s) and Services, including but not limited to use, uploads and downloads of any software, products or other materials, for example game content enhancements, community features, friend lists, message boards, ring tones, picture graphics (such as, caller group icons, picture messages, screen savers and any other graphics), game, audio and video clips, icons, application and game downloads, images and player challenges, multiplayer gaming, rankings, shadow gaming, news and alerts and interactive messaging.

6. Use of the Site(s) and Services

The Site(s) and Services and their contents are protected by copyright, trademark and/or other proprietary rights of Nokia.

Your use of the Site(s) and Services is permitted only for your private, non-commercial purposes, and shall comply with these Membership Terms and any other applicable terms and notices, as well as with applicable laws. The below concerns any and all use of the Site(s) and Services as well as any and all submission of information whether on message boards, chat rooms, blog comments or in any other form or manner.

You agree that your use of this Service does not grant you any ownership or other intellectual property rights in any content provided by other members or users. You also agree that Nokia is not responsible in any way whatsoever for protecting any intellectual property rights you may assert in your content.

7. License to Nokia for Any Submitted Content

By submitting, and upon such submission of, any information or materials such as feedback, data, text, software, music, sound, photographs, graphics, video, messages, answers, questions, comments, suggestions, scores, hints, strategies, concepts, designs, ideas, plans, orders, requests or the like, or any other material ("Content") to Nokia or through the Site(s) and Services, for example, by e-mail, SMS, and/or MMS, you license and grant Nokia and its affiliates and sub-licensees a non-exclusive, royalty-free and free of charge, perpetual, worldwide, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, communicate to the public, make available, publish, translate, create derivative works of, distribute, and display such Content for the purpose of providing and promoting the Services.

Nokia does not claim ownership of your content and your posting of content to Service does not transfer any ownership rights in the content to Nokia.

8. General Rules Regarding Content Submissions

With regard to such Content submissions, you understand and agree that you are solely and fully responsible for your conduct and activities arising during use of this Service and for any and all aspects of the Content submitted, including but not limited to its legality, appropriateness and non-infringement of third party intellectual property rights, and Nokia shall not be liable in any way for such Content. Nokia does not, and shall have no obligation to monitor or pre-approve any of the Content provided by you to Nokia and/or to the Site(s) and Services, but may do so at its discretion. Nokia shall nonetheless have the right (but not the obligation) in its sole discretion, to refuse, delete or move any content that is available via the Service, for any reason, including a violation of any of these Terms.

Further, with regard to any and all Content submissions, you agree that:

(a) you will not post, publish, transmit, distribute, or upload any information through the Site(s) or Services that is unlawful or fraudulent, or violates or infringes any patent, copyright, trademark, trade secret or any other proprietary intellectual property rights of others. In connection therewith you represent and warrant to Nokia that your content does not infringe the trademarks, copyrights, patents, or other intellectual property rights of any third parties;

(b) the Content will not contain any material that is unlawful, libelous, slanderous, defamatory or invasive of another person's right of privacy or right of publicity, or that Nokia may reasonably deem harmful, vulgar, obscene, derogatory, pornographic, abusive, harassing, threatening, hateful, objectionable with respect to race, religion, creed, national origin or gender, or otherwise unfit for publication;

(c) you will not send any such messages to any other user or Nokia that contain vulgar, abusive or otherwise inappropriate language;

(d) you will not disrupt the flow of discussion with vulgar, abusive or otherwise inappropriate language, or by other means, including without limitation hitting the return key repeatedly or posting repetitive text;

(e) you will not, without first using reasonable efforts to scan and remove any viruses or any contaminating or destructive features before submitting any Content to the Site(s) and Services, post, publish, transmit, distribute, or upload any information through the Site(s) or Services that contains a virus, Trojan horse, "sniffer" routines, backdoors, worms, time bombs, bots, or any other harmful software code, file, program or programming routine, or other contaminating or destructive features;

(f) your postings or Content submissions shall not cause injury or harm to any persons or entities;

(g) you will not use the Site(s) or Services to "stalk" or harass another person and your Content and use will not suggest or encourage any illegal activity and you will not collect personal information from minors;

(h) your use of the Site(s) or Services will not compromise the security or integrity of Nokia'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 this Site or its infrastructure, or using any computer programming routine, file or device to damage or interfere with the operation of the Site(s) or Services;

(i) you will not post, publish, transmit, distribute, or upload through the Site(s) or Services 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 Nokia or other users of the Site(s) and Services, or use or collect other users e-mail addresses or phone numbers, or other users information or postings, or use the Site(s) or Services to perform any data collection, extraction or mining or gain or attempt to gain unauthorized access to Nokia or any site visitor's computer system;

(j) you will not register with or otherwise use a false name, identity or e-mail address, impersonate any person or entity, including without limitation Nokia or its licensors' personnel, falsely state or otherwise misrepresent your affiliation with a person or entity, use another users password (if applicable), forge headers or otherwise manipulate identification information to falsify or disguise the origin of any Content, or falsify or misrepresent any Content with respect to submissions to the Site(s) and Services, and

(k) you will follow all applicable laws and regulations applicable to your use of the Site(s) and Services. Such laws and regulations include, without limitation, those governing copyright, defamation, privacy, publicity and the access or use of others' computer or communication systems.

Additionally, Nokia asks that you use good judgment and exercise discretion in choosing appropriate subjects and subject matter for any photos or video submissions to the Site(s) and Services. Remember that privacy laws may protect individuals with respect to their being photographed or videotaped, so please respect the privacy of others by asking for and obtaining their consent to be photographed or videotaped, as well as for your submissions of photos or videos to the Site(s) and Services.

9. Chat and Message Boards in General

Please be aware that the use of message boards, chat rooms and/or other similar medium is a use of a public forum and subject to many kinds of different users of different age and level of experience and Nokia is not able to guarantee full monitoring of the material posted and published on message boards and/or chat rooms by the users.

Your use of public forums like message boards and chat rooms is at your own risk and you are responsible for all and any actions you take on the message boards and/or chat rooms as well as for any and all actions that you take based on information gained on message boards and/or chat rooms. Further, please note that while there are always risks associated with providing personal or other data, whether in person, by phone or over the Internet, and no system of technology is completely safe, "tamper" or "hacker-proof" do not under any circumstances use your full real name or give out your detailed address, phone number or any other personally identifiable information about yourself or anybody else on a message board, chat room and/or any other similar medium.

10. Breach of the Membership Terms

In the event Nokia deems, at its exclusive discretion, that you are in whatsoever manner in breach of the Membership Terms, Nokia shall take any action of whatsoever nature, as it may deem at its exclusive discretion appropriate, to address your breach, including without limitation removal of content, termination of membership, prevention of access and any legal action in any competent authority or court. Specifically, Nokia has the right to terminate your right to use the Site(s) and Services without notice at any time for any reason at Nokia's sole discretion and in particular, if you breach these Membership Terms or use the Site(s) and Services illegally or in a way that Nokia deems inappropriate or in the event you have not been using the Site(s) and/or Services for three (3) consecutive months. In the event that you are aware of a user that breaches these Membership Terms by for example, but not limited to, stalking or harassing other users on the message board and/or chat room, please inform Nokia of such conduct by contacting us at http://www.nokia.com/customerservice.

11. Personal Information and Data Protection

Please note that the following data protection clauses are applied in addition to the Site's Privacy Policy, which you shall accept and which shall apply to you also as a Member.

By clicking "SUBMIT" or other such icon, to accept these Membership Terms, you expressly assent and unambiguously consent to also the Site Terms and Privacy Policy and the following data protection clauses of these Membership Terms. Please familiarize yourself with the Site Terms and Privacy Policy prior to any acceptance.

12. Personal Information Collected

The Site(s) and Services use technology that allows Nokia and its subcontractors collect and analyze certain technical and other information, such as your Internet protocol (IP) address, login, e-mail address, password, username, date of birth, device serial number (the IMEI code), MNC and MCC numbers (country and carrier/operator name), computer and connection information (such as browser type and version your computer's operating system), traffic patterns such as usage of the Site(s) and Services, and the full Uniform Resource Locators (URL) clickstream to, through, and from the Site(s) and Services ("Personal Information").

13. Member Identification

In addition to the visitor identification described in the Privacy Policy, Nokia or its third-party designees may place information on your computer to allow Nokia to collect certain data about you as a Member. This information is commonly known as "cookies" and many Web sites use them and their use for such purposes has become commonplace in the industry. Cookies are pieces of data stored on your computer's hard drive, and not on the Site(s). Nokia and/or its third-party designees will only view information put on your computer in cookies set by Nokia and/or its third-party designees from the Site(s) or other Nokia Site(s).

The use of cookies provides benefits to you as a Member, such as eliminating the need for you to enter your password frequently during a session. The cookies also monitor your use of the Site(s) and Services and for such purposes identify your computer. By knowing how and when you use the Site(s) and Services, Nokia can continue to improve them.

If you do not wish to receive cookies, or want to be notified of when they are placed, you may set your Web browser to do so, if your browser so permits. Please understand that if cookies are turned off, you may not be able to view certain parts of the Site(s) that may enhance your visit, nor will you be able to download certain content and/or engage in certain transactions on the Site(s).

14. Right to Prohibit Direct Marketing and Termination of Membership

You have the right, at any time, to prohibit Nokia or its third-party designees from using any Personal Information collected from you for direct marketing purposes, even if you have earlier consented to such use.

You may also, at any time, terminate your membership of the Site(s) and Services if you no longer wish to use and be a registered Member of the Site(s) and Services. Please note that if you choose to terminate your membership, you will no longer have access to the Site(s) and Services. You may naturally register again in the future as a Member of the Site(s) and Services, provided that you accept and acknowledge these Membership Terms.

In case you wish to access your personal data or you wish to replenish, rectify or delete any incomplete, incorrect or outdated personal data, or you wish us to cease processing your personal data for direct marketing purposes or for other marketing purposes, you may request Nokia to do so by using available profile management tools or by contacting us at: http://www.nokia.com/customerservice

Your personal data relating to your account is controlled by Nokia Corporation, Keilalahdentie 4, 02150 Espoo, Finland.

15. Multiplayer Gaming

Some of the games provided to you on the Site(s) and Services enable multiplayer gaming with different people around the world. All activities in connection with such multiplayer gaming are subject to these Membership Terms. In addition, games that enable multiplayer gaming may also be subject to additional Membership Terms or other provisions provided and required by Nokia and/or third party game suppliers of the game in question. Please familiarize yourself with any such additional license and/or usage terms and conditions.

Since multiplayer gaming may include exchange of information, including without limitation Personal Information, between you and any other player engaging in multiplayer gaming, please note that there are always risks associated with providing Personal Information, whether in person, by phone or over the Internet, and no system of technology is completely safe, "tamper" or "hacker-proof" and since Nokia is unable to secure such submitting of information to persons engaging in multiplayer gaming Nokia disclaims all liability and makes no warranties, either express or implied, for the use of and submitting of information, including Personal Information, in connection with multiplayer gaming.

Nokia recognizes, but does not endorse or support in any way, that some games may provide you with the possibility to, for example, trade, solicit or exchange cyber weapons, cyber money or other cyber intangible assets. Please be aware that any and all such activities, including without limitation trading, soliciting and exchanging of cyber intangible assets is strictly prohibited on the Site(s) and Services. You acknowledge that if you engage in any of the above expressly prohibited activity you do so at your own risk and agree to indemnify and keep Nokia harmless in the event you are or become a victim or perpetrator of larceny, theft, non-delivery, scam, fraud, rip-off or any other criminal, illegal or dishonest act.

16. Limitation of Liability and Limited Warranty

NOKIA DOES NOT WARRANT THAT THE SITE(S) AND SERVICES OR ANY LINKED WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE.

NOKIA IS NOT LIABLE FOR THE NON-AVAILABILITY OF THE SITE(S) AND SERVICES HOWEVER CAUSED. NOKIA ASSUMES NO LIABILITY OF ANY DELAY, DATA LOSS OR DAMAGE DURING THE TRANSMISSION FROM THE SITE(S) AND SERVICES.

NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE CONDITION, SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, MERCHANTABILITY, AND/OR NON-INFRINGEMENT OF ANY SERVICES PROVIDED HEREUNDER, YOUR OWN EQUIPMENT, THE INTERNET ITSELF, ANY PUBLIC LINES AND/OR OPERATOR/CARRIER NETWORKS. NOKIA SHALL NOT BE LIABLE TO ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL OR OTHER DAMAGES, LOST PROFITS, BUSINESS REVENUE, GOODWILL, ANTICIPATED SAVINGS, OR DATA, EVEN IF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN ADVISED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, NOKIA'S LIABILITY SHALL BE LIMITED TO TEN U.S. DOLLARS (USD 10.00).

17. Your Account, Password and Security

Your registration to the Site(s) and Services is personal and cannot be transferred. Only one registration is allowed per person and/or per supported device.

You are responsible for keeping your registration information up to date, including, but not limited to, mobile phone or terminal number and contact information, in order to enable proper and accurate service.

If you upgrade or change your Nokia mobile terminal model or any other such device please update your records to add information about your new Nokia mobile terminal or any other such device and delete information about any terminal(s) or other such devices you no longer own. Nokia shall have no liability for any data provided by you.

Actions taken during the usage of the Site(s) and Services, accessed with your valid identification or passwords, are assumed by Nokia to be taken by you and thus you are personally responsible for such actions.

If your user identification or password(s) is compromised, or if you become aware of any unauthorized use of your account or other breach of security, you are responsible for promptly notifying Nokia. You can notify Nokia by contacting us at: http://www.nokia.com/customerservice or accessing the Support section of www.N-Gage.com. You can also change the password yourself in the Support section of www.N-Gage.com, You may not use anyone else's account at any time or permit anyone else to use your account (subject to the exception of parental guidance set forth in Section "Eligibility for Services").

18. Availability of and Changes to the Site(s) and Services

Nokia reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any errors or omissions in, any data contained on this Site. Nokia is not responsible for any loss or damage that is caused by your reliance on any data contained on this Site. Nokia assumes no responsibility, and shall have no liability for, any damages to or viruses that may infect your computer equipment or devices, or other property, on account of or arising out of your use of or access to this site.

The Site(s) and Services are available as decided by Nokia and may be subject to maintenance breaks and any other kinds of actions. Nokia may remove any information, including but not limited to personal data or data, material or content provided by any of the users, any other data or material or terminate the Site(s) and/or Services or any part thereof at any time at its sole discretion. Nokia shall have no obligation to monitor any of the material provided by you to Nokia and/or to the Site(s) and Services, but may do so at its discretion.

19. Customer Services

The Members of the Site(s) and Services can address their questions about the Site(s) and/or Services or Nokia product(s) by contacting us at: http://www.nokia.com/customerservice

20. Information relating to Third Party Products and/or Services

All of the data contained on the Site(s) relating to third-party products or services, including but not limited to, the prices and the availability of any service, product, product feature, or coverage of service, if any, should be verified with the company supplying the product or service and is subject to change without notice.

Nokia may provide different settings or links (such as bookmarks) to third-party sites and/or services from the Site(s) and Services or from a mobile terminal or any such device. Third-party settings, sites and/or services are not under Nokia's control, the access to any such settings, sites and/or services is on an "AS IS" and "AS AVAILABLE" basis. Nokia is not responsible for such settings, sites and/or services, including, but not limited to, the content and functionality thereof. You should review and determine if you agree to such other site's terms and conditions of use before using any such sites or services. Nokia's provision of links to a non-Nokia site does not imply that Nokia endorses the site or the products or services referenced on such third party site.

21. Miscellaneous

The invalidity of a provision of these Membership Terms or any other applicable terms and notices shall not affect the validity of the remaining provisions. The invalid provision shall be replaced with a valid provision that comes closest to the result and purpose of these Membership Terms or any other applicable terms and notices. These Membership Terms shall neither exclude nor limit any of your mandatory rights in your country of residence.

You agree to abide by applicable export control laws in the USA and other countries and not to transfer or make available, by electronic transmission or otherwise any content, software or materials subject to restrictions under such laws to a destination prohibited by such laws.

Except where prohibited by applicable law, these Membership Terms and any other applicable terms and notices shall be governed by the laws of Finland. For US residents: All matters relating to arbitration shall be governed by the Federal Arbitration Act (9 U.S.C. ?1 et. seq.). 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 visit to this Site, or your content, product or service order from this Site, shall be submitted (together with any counterclaims and disputes under or in connection with other transactions and/or agreements between you and Nokia) to final and binding, confidential arbitration to the Dallas, Texas office of the American Arbitration Association (the "AAA"), with such arbitration to be held in Dallas County, Texas, except that, to the extent you have in any manner violated or threatened to violate any Nokia or Nokia affiliates' or licensors' intellectual property rights, Nokia may seek injunctive or other appropriate relief in any state or federal court in the state of Texas or, at Nokia's option, any other appropriate state or country, and you consent to exclusive jurisdiction and venue of such court. Arbitration under these Membership Terms shall be conducted under the then prevailing Wireless Arbitration Rules of the AAA (except as such rules may be modified by the terms of these Membership Terms), unless otherwise agreed in writing by the parties, and shall be heard by a single arbitrator. The Parties further agree that, in connection with any such arbitration proceeding, 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 these Membership 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 these Membership 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.

22. Modification of these Membership Terms

Nokia reserves the right to change or modify at any time without prior notice these Membership Terms, this Site's Site Terms and Privacy Policy and any other applicable terms and notices, for example campaign specific terms, which may be incorporated by reference or are presented otherwise on the Site(s) or in connection with the Services. Nokia will notify you of such change or modification by posting an updated version of the document in question. You are responsible for regularly reviewing these Membership Terms and other applicable terms and notices. Continued use of the Site(s) and Services shall constitute your consent to such changes.

By submitting your registration information, you confirm that you have read and understood and agree to these N-Gage Arena Service Membership Terms, this Site's Site Terms and the Privacy Policy.