THESE TERMS AND CONDITIONS ARE APPLICABLE TO DOWNLOAD TO RENT SERVICE PROVIDED TO YOU ("you") BY NOKIA PTE LTD (ABN ) OF A COMPANY REGISTERED IN SINGAPORE AND HAVING A PLACE OF BUSINESS AT 438B ALEXANDRA ROAD, #07-00 ALEXANDRA TECHNOPARK, SINGAPORE 119968, ("Nokia").
1. Important
1.1. Please note that these terms and conditions and usage rules for the programs (“Terms”) govern all transactions, operations and conduct between you and Nokia in relation to the licensing and use of Nokia Download to Rent Service (“Service”). By accessing the Service you confirm your agreement to these Terms.
1.2. These Terms shall neither exclude nor limit any of your mandatory rights provided to you by applicable laws.
1.3 The Service is only available to residents of Singapore, Thailand, Malaysia and Philippines.
1.4 The activation code must be used by 28th Feb 2009. Content needs to be consumed within one month from the date of the first download.
1.5 The voucher is not redeemable for cash, cannot be returned for cash refund and has no cash value.
1.6 Windows Media Player 11 is needed for side-loading to mobile device.
1.7 The usage rules are provided with each download and one download on PC can be side-loaded only to one mobile device. Content is provided for your personal non-commercial use only and you are not allowed to forward the content to other persons. Content is for rent for a time period specified in 1.4 above.
1.8 The content in the Service is optimised for Nokia N96, 2.8” QVGA (240 x 320 pixels) LCD TFT display.
1.9 The Service is applicable only to N96.
1.10 Use of Services may require networks which meet certain technical specifications. You should check with your network operator whether these specifications are met.
1.11 Nokia reserves the right, at any time, to verify the validity of voucher redemptions.
1.12 Nokia is not responsible for any stolen or lost voucher, and you are responsible for the security of the voucher.
1.13 The Service, including any unused portion of the Service, is not cancellable, redeemable for cash and cannot be exchanged for other goods or services.
1.14 To the extent allowed by applicable laws, Nokia may, in addition to any other remedies available at law, deny you access to the Service immediately and with or without prior notice if you are in breach with these Terms.
1.15 Nokia may change or modify the Service at any time, with or without prior notice, and without creating liability for Nokia. If the change or modification alters the character of the Service to the significant detriment of consumers, Nokia will endeavour to provide reasonable notice.
1.16 In case you encounter any problems with this video redepemtion service, please contact us at support@digital-connect.net or (65) 6327 8986.
2. Information provided by you
2.1 Nokia is committed to respecting your privacy and to complying with applicable data protection and privacy laws. As a part of your use of the Service you share some personal data with Nokia. We recommend that you take a few minutes to familiarise yourself with Nokia’s Privacy Policy where Nokia explains how Nokia uses such personal data.
2.2 Nokia does not sell, lease, rent or otherwise disclose your personal data to unauthorized third parties without your prior consent. Subject to your consent Nokia may send you information or promotions of Nokia products and services.
2.3 Nokia is a global organization having affiliates, business processes, management structures, and technical systems that cross borders. This being the case, Nokia may use resources and servers located in various countries around the world, including the United States of America. Accordingly, your personal data may be transferred outside the country where you use the Service or otherwise provide Nokia with your personal data. Nokia may make use of third parties to process personal data on its behalf. By using the Service you agree that your personal data can be transferred outside your country.
3. Limitation of Liability
3.1. The Service is provided to you on an "as is" and "as available" basis and Nokia does not warrant them to be uninterrupted or error-free.
3.2. Nokia is not liable for the non-availability of the Service caused by transmission problems. Nokia assumes no liability for any delay, data loss or damage during the transmission.
3.3. Certain legislation may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified except to a limited extent. These Terms must in all cases be read subject to such legislation. To the extent permitted by applicable legislation, no warranty of any kind is made in relation to the condition, suitability, availability, accuracy, reliability, merchantability and/or non-infringement of the Services, the user's own equipment, the internet itself, any public lines and/or operator networks.
3.4 Except for any liability that cannot be excluded by law, Nokia (including its related entities and their respective officers, employees and agents) excludes all liability (including negligence), for any loss of profit, business revenue, goodwill, anticipated savings or data, personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Service and Nokia’s liability to you shall be limited to an amount equal to the sale price of the Service.
3.5 These Terms and use of Service is governed by the laws of Singapore.
Copyright © 2008 Nokia. All rights reserved.
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