Terms of Service

 

This page explains the terms by which you may use our Websites and the materials, services or software accessible through it (the “Service”). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement (“Agreement”).

The following terms and conditions (the “Terms and Conditions”) govern your use of this Web Site, and any content made available from or through this Web Site, including any subdomains thereof (the “Web Site”). The Web Site is made available by Nokia Revolution. We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Web Site. BY USING THE WEB SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE WEB SITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Web Site.

Proprietary Rights.

As between you and Nokia Revolution owns, solely and exclusively, all rights, title and interest in and to the Web Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles, Shockwave files, etc.), code, data and materials thereon, the look and feel, design and organization of the Web Site, and the compilation of the content, code, data and materials on the Web Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Web Site does not grant to you ownership of any content, code, data or materials you may access on or through the Web Site.

RSS Feeds.

RSS (really simple syndication) service is a means by which NokiaRevolution.com offers feeds of story headlines in XML format (“RSS Content”) to visitors to NokiaRevolution.com (the “Nokia Revolution Site”) who use RSS aggregators. These Terms of Use govern your use of the RSS service. The use of the RSS service also is subject to the terms and conditions of the Nokia Revolution Service Agreement, which governs the use of Nokia Revolution’s websites, information services and content. These Terms of Use and the Nokia Revolution Service Agreement may be changed by Nokia Revolution at any time without notice.

Link to Content Pages:

We and/or third parties may provide links to other websites of possible interest to you. Because we have no control over unaffiliated websites, you acknowledge and agree that we are not responsible for the availability of such websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. You also acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. All such websites shall be subject to the policies and procedures of the owner of such websites. We reserve the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Web Site and/or introduce different features or links to different users.

Ownership/Attribution:

Nokia Revolution retains all ownership and other rights in the RSS Content, and any and all Nokia Revolution logos and trademarks used in connection with the RSS Service. You must provide attribution to the appropriate Nokia Revolution website in connection with your use of the RSS feeds. If you provide this attribution using a graphic, you must use the appropriate Nokia Revolution website’s logo that we have incorporated into the RSS feed.

Prohibited Use.

Any commercial or promotional distribution, publishing or exploitation of the Web Site, or any content, code, data or materials on the Web Site, is strictly prohibited unless you have received the express prior written permission from authorized personnel of Nokia Revolution or the otherwise applicable rights holder. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Web Site. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Web Site, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Web Site. If you make other use of the Web Site, or the content, code, data or materials thereon or available through the Web Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

Trademarks.

The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Web Site or on content available through the Web Site are registered and unregistered Trademarks of Nokia Revolution and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by Nokia Revolution that appear on the Web Site or on or through the Web Site’s services, if any, are the property of their respective owners. Nothing contained on the Web Site should be construed as granting, by implication, or otherwise, any license or right to use any Trademark displayed on the Web Site without the written permission of Nokia Revolution or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Web Site or on or through any of the Web Site’s services is strictly prohibited.

User Information.

In the course of your use of the Web Site and/or the services made available on or through the Web Site, you may be asked to provide certain personalized information to us (such information referred to hereinafter as “User Information”). Nokia Revolution information collection and use policies with respect to the privacy of such User Information are set forth in the Web Site’s Privacy Policy which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information.

Submitted Materials.

Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Web Site, by e-mail or in any other way. Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us (including, for example and without limitation, that which you submit or post to our chat rooms, message boards, and/or our blogs, or send to us via e-mail) (“Submitted Materials”) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the Web Site’s Privacy Policy. By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any “moral rights” in Submitted Materials have been waived, and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and incorporate in other works any Submitted Materials (in whole or part) in any form, media, or technology now known or later developed, including for promotional and/or commercial purposes. We cannot be responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time.

Prohibited User Conduct.

You warrant and agree that, while using the Web Site and the various services and features offered on or through the Web Site, you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content into any of the Web Site’s content, materials or services (for example, without limitation, in an RSS feed or a podcast received from Nokia Revolution or otherwise through the Web Site), or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or © attempt to gain unauthorized access to other computer systems through the Web Site. You shall not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Web Site or the services offered on or through the Web Site, including without limitation any information residing on any server or database connected to the Web Site or the services offered on or through the Web Site; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use the Web Site or the services made available on or through the Web Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Web Site or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use the Web Site or the Web Site’s services or features in violation of Nokia Revolution or any third party’s intellectual property or other proprietary or legal rights; or (v) use the Web Site or the Web Site’s services in violation of any applicable law. You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Web Site or the Web Site’s services, or any content thereof, or make any unauthorized use thereof. You agree that you shall not use the Web Site in any manner that could damage, disable, overburden, or impair the Web Site or interfere with any other party’s use and enjoyment of the Web Site or any of its services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Web Site.

Public Forums.

Nokia Revolution uses messaging services such as Disqus, message boards, blogs, other forums and other such services available on or through the Web Site. In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you shall not upload, post, transmit, distribute or otherwise publish through the Web Site or any service or feature made available on or through the Web Site, any materials which (i) restrict or inhibit any other user from using and enjoying the Web Site or the Web Site’s services, (ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus, spyware, or other harmful component, (vi) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from Nokia Revolution. You also may not offer to buy or sell any product or service on or through your comments submitted to our forums. You alone are responsible for the content and consequences of any of your activities.

It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on our Web Site and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them eventually. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, embarrassing, proprietary or confidential information in your comments to our public forums.

Linking to the Web Site.

You agree that if you include a link from any other web site to the Web Site, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of this Web Site. You are not permitted to link directly to any image hosted on the Web Site or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site. You agree not to download or use images hosted on this Web Site on another web site, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other web site to this Web Site in any manner such that the Web Site, or any page of the Web Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Web Site be discontinued, and to revoke your right to link to the Web Site from any other web site at any time upon written notice to you.

Indemnification.

You agree to indemnify, defend and hold us, our affiliates, writers, and contributors, harmless from any claim, expense or demand, including without limitation reasonable attorneys’ fees, made by any third party due to or arising out of your use or misuse of our Websites, or the uploading, posting, publishing, emailing, reproduction, distribution or transmission of any content or other materials by you or users authorized by you or any violation of these Terms of Use by you, or your violation of any law or the rights of a third party. You agree that under no circumstances will we be liable in any way for the accuracy, reliability, or quality of any Submission, and that you shall hold us harmless for (i) any errors or omissions in any Submission posted by you, or (ii) any loss or damage of any kind incurred as a result of the use of any Submission posted by you.

We reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defense.

Third Party Web Sites.

You may be able to link from the Web Site to third party web sites and third party web sites may link to the Web Site (“Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such web sites or the information, content, products, services, advertising, code or other materials presented on or through such web sites. The inclusion of any link to such sites on our Site does not imply Nokia Revolution’s endorsement, sponsorship, or recommendation of that site. Nokia Revolution disclaims any liability for links (1) from another web site to this Web Site and (2) to another web site from this Web Site. Nokia Revolution cannot guarantee the standards of any web site to which links are provided on this Web Site nor shall Nokia Revolution be held responsible for the contents of such sites, or any subsequent links.

Advertisements and Promotions

Nokia Revolution may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Nokia Revolution, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Nokia Revolution is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.

Copyright Agent.

The Digital Millennium Copyright Act of 1998 (the “DMCA“). Digital Millennium Copyright Act, 17 U.S.C. § 512©(2), provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.

If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to us at info@nokiarevolution.com so we could perform necessary action from our end.

  • Your address, telephone number, and email address;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the alleged infringing material is located;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

DISCLAIMER OF WARRANTIES

YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE ACCURACY, APPROPRIATENESS, AVAILABILITY, CORRECTNESS, COMPLETENESS, RELIABILITY, TIMELINESS, OR USEFULNESS OF ANY CONTENT (INCLUDING WITHOUT LIMITATION ANY SUBMISSIONS) APPEARING ON OUR WEBSITES AND ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT (INCLUDING WITHOUT LIMITATION ANY SUBMISSIONS) APPEARING ON OUR WEBSITES OR GENERALLY FOR THE ACCURACY, RELIABILITY, OR QUALITY OF ANY SUCH CONTENT. WE DO NOT ENDORSE ANY OPINION, ADVICE, OR STATEMENT OR OTHER MATERIAL CONTAINED IN A SUBMISSION AND SUBMISSIONS. SUBMISSIONS DO NOT IN ANY WAY REFLECT THE OUR OPINION, ADVICE OR STATEMENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON CONTENT (INCLUDING WITHOUT LIMITATION ANY SUBMISSIONS) OBTAINED THROUGH OUR WEBSITES OR CAUSED BY THE CONDUCT OF VISITORS TO OUR WEBSITES. EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND TO YOU, EITHER EXPRESS OR IMPLIED. SPECIFICALLY, WE DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

LIMITATION OF LIABILITY.                                                                                                    

5.1.  IN NO EVENT SHALL WE, OUR WRITERS, CONTRIBUTORS, SPONSORS, ADVERTISERS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE FOR (i) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENCIAL OR PUNITIVE DAMAGES ARISING OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE OUR WEBSITES, EVEN IF WE OR OUR AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF OUR WEBSITES. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

Applicable Laws.

We control and operate the Web Site from the Philippines while our host is based in the United States of America. We do not represent that materials on the Web Site are appropriate or available for use in other locations. Persons who choose to access the Web Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury.

Termination.

Nokia Revolution may terminate, change, suspend or discontinue any aspect of the Web Site or the Web Site’s services at any time. Nokia Revolution may restrict, suspend or terminate your access to the Web Site and/or its services if we believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability. Nokia Revolution maintains a policy that provides for the termination in appropriate circumstances of the Web Site use privileges of users who are repeat infringers of intellectual property rights.

Changes to Terms of Use.

Nokia Revolution reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Terms and Conditions, in whole or in part, at any time. Changes in the Terms and Conditions will be effective when posted. Your continued use of the Web Site and/or the services made available on or through the Web Site after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.

CONTACT US

If you have any questions or concerns regarding our Websites, please contact us by e-mail at info@nokiarevolution.com