This WidSets - Terms of Service of WidSets Web Site has been posted and is effective as of 1st April 2006.

1. Acknowledgement and Acceptance

By registering to be a user of the WidSets Service (the "Service") made available to you at WidSets Web Site (the "Site") or at your mobile registration form , you hereby confirm that you have read and understood and agree to these Terms of Service (these "TOS") and this Site's Privacy Policy.

The Service offered to you by Nokia Corporation and its affiliates (collectively "Nokia" or "we/us" respectively) is conditioned on your acceptance (without modifi-cation) of these TOS and any other terms and notices, for example campaign specific terms which may be incorporated by reference or are presented otherwise on the Site or in connection with the Service. Your use of the Site and Service constitutes your agreement to all such terms, conditions, and notices. Therefore, you agree to familiarize yourself with these TOS and any other applicable terms and notices which may be in-corporated by reference or are presented otherwise on the Site or in connection with the Service and abide by them in connection with your use of the Site and Service.

In the event of any discrepancy between these TOS and any other applicable terms and notices these TOS shall prevail.

If you do not agree to these TOS, you are not allowed to register to use the Service and you must immediately discontinue your use of the Site and Service.

2. Eligibility for the Service

No person under the age of 16 or who is a minor under his/her local legislation is eli-gible to use and/or register as a user of the Service. In the event that you are of the age of 16 or older but a minor in your country, you will need to obtain consent from your parent(s) or other legal guardian(s) for using and/or registering as a user of the Service.

3. Use of the Service

Technical Requirements

The Service provided herein is network dependent and may require network support. In order to be able to use the Service you need to have access to the Internet through the Internet service provider (ISP) of your choice and you need to ensure that your mobile network operator/carrier supports data traffic delivery. Some networks have also other limitations that may affect your ability to use the Service. You are responsible for obtaining any information necessary regarding your abilities to use the Service from your respective service providers.

Use of some parts of the Service may be subject to a separate charge, which is then an-nounced separately within the Site in connection with that part of the Service. 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, MMS and mobile Internet browsing and other services that re-quire 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.

Terms of Use

Your use of the Site and Service is permitted only for your non-commercial purposes, and shall comply with these TOS and any other applicable terms and notices, as well as with any applicable laws. The below concerns any and all use of the Site and Service as well as any and all submission or posting of information, data or materials whether on message boards, chat rooms or in any other form or manner.

In case you are a service provider, you shall promote the Service by having a promo-tional link from your website to the Service web site. The link shall be clearly visible. In the event we deem, at our exclusive discretion, that you are in breach of the aforesaid obligation, we shall remove your widget or any other content from the Service or take any other action set forth in the Clause 12.

Content Submission

By submitting, and upon such submission of, any information or materials such as feed-back, data, text, software, music, sound, images, icons, photographs, graphics, videos, 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 and Service, for example, in chat rooms, by e-mail, by uploading, linking, SMS, and/or MMS, you understand and agree that you are solely and fully responsible 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 we shall not be liable in any way for such Content. Should your widget contain a link to content of a third party, you shall be responsible for acquiring a consent for creating such link prior to making the widget available if the consent is required by applicable legislation or terms of use of the linked web pages. We shall have no obligation to monitor any of the Content provided by you to us and/or to the Site and Service, but may do so at our discretion. Further, with regard to any and all Content submissions, you agree that:

(a) you will not link, post, publish, transmit, distribute, or upload any information through the Site or Service 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 us 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 and you will not send any such messages to any other user or us that is unlawful, libelous, slanderous, defamatory or invasive of another person's right of privacy or right of publicity, or that we 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 sell or lease any advertisement space to be used in or in connection with the widget or place or display any advertisement inside the widget or in the Service, whether it is a text, image, audio or video file or combination of all;

(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, etc., or other similar disruptive actions or conduct;

(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 and Service, post, publish, transmit, distribute, or upload any information through the Site or Service 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 and your widset or its icon shall not be misleading, harmful or inconsistent with linked content;

(g) you will not use the Site or Service to "stalk" or harass another person and your Content and use will not suggest or encourage to any illegal activity;

(h) your use of the Site or Service will not compromise the security or integrity of us or our service providers' computer systems, networks or web site(s) or servers, whether by allowing intruders into the same, introducing viruses or other threats, imposing a dispro-portionate or unreasonably large load on this Site or its infrastructure, or using any com-puter programming routine, file or device to damage or interfere with the operation of the Site or Service;

(i) you will not post, publish, transmit, distribute, or upload through the Site or Service 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 Site and 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 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 our or our licensors' per-sonnel, falsely state or otherwise misrepresent your affiliation with a person or entity, use another users password, forge headers or otherwise manipulate identification infor-mation to falsify or disguise the origin of any Content, or falsify or misrepresent any Content with respect to submissions to the Site and Service; and

(k) you will follow all applicable laws and regulations applicable to your use of the Site and Service. 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, we ask that you use good judgment and exercise discretion in choosing ap-propriate subjects and subject matter for any photos or video submissions to the Site and Service. 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 sub-missions of photos or videos to the Site and Service.

Chat and Message Boards

Please be aware that the use of message boards, chat rooms and/or other similar me-dium is a use of a public forum and subject to many kinds of different users of different age and level of experience and we are 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 all and any 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.

Copyright Infringement Claims

If you believe that your work has been copied, posted or linked on the Service in a way that constitutes copyright infringement, please provide Nokia's designated copyright agent at legal@widsets.com ("Designated Agent") with the following information:

(1) A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;

(2) Identification or description of the copyrighted work claimed to have been infringed;

(3) Identification or description of the material that is claimed to be infringing and information reasonably sufficient to the Designated Agent to locate the material;

(4) Your name, address, telephone number, e-mail address and any other information which will permit the Designated Agent to contact you;

(5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

4. License to Submitted Content

By submitting, and upon such submission of any Content to us or through the Site and Service, for example, in chat rooms, by e-mail, by uploading, linking, SMS, and/or MMS, you will grant Nokia worldwide, irrevocable, perpetual, non-exclusive, royalty-free and assignable license to use, reproduce and have reproduced, modify and have modified, publicly perform and publicly display such Content and distribute reproduced and modified copies thereof.

5. Indemnity

YOU AGREE TO INDEMNIFY AND HOLD US, OUR AFFILIATES, SUBSIDIARIES, OFFICERS, AGENTS, EMPLOYEES, PARTNERS AND LICENSORS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF CONTENT YOU SUBMIT, POST, LINK, TRANSMIT OR OTHERWISE MAKE AVAILABLE ON OR THROUGH THE SITE AND SERVICE OR YOUR USE OF THE SITE AND SERVICE.

6. Privacy Policy

We respect the privacy of Site visitors and Service users and we collect and process per-sonal information only in accordance with the applicable data protection laws. Personal information, such as your name, address, e-mail address and phone number ("Personal Information") submitted by you on or through this Site is processed in accordance with the Site's privacy policy. For further information please review the privacy policy at http://www.widsets.com/privacypolicy (the "Privacy Policy").

By submitting Personal Information on or through the Site you acknowledge and agree to us collecting, using, disclosing and processing your Personal Information in accor-dance with the limited purposes described in these TOS and the Privacy Policy. You expressly accept and give your consent that your Personal Information obtained in connection with your use of this Site may be transferred, if permitted by appli-cable local legislation, across international borders (also outside the European Union) to server locations supporting this Site (including but not limited to transfers from those locations back to the country of your location) for operating and developing this Site and the Service, including transfers to Nokia subcontractors or agent service providers who perform tasks related to this Site, or the Services, or for the purposes of storing Personal Information in relevant databases, which may be located in Finland or in any other country where we have operations.

7. Managing your Registration and Communication Preferences

If you have given your consent to us that we may send you marketing material, you have the right, at any time, to prohibit us from using any Personal Information collected from you for direct marketing purposes.

We may send you information on potential special offers or other relevant marketing material related to Widgets even without your prior consent when not using electronic platforms in which case you have the right, at any time, prohibit us from doing so.

You may also, at any time, terminate your registration to the Service. Please note that if you choose to terminate your registration, you will no longer have access to the Service.

To use your rights relating direct marketing or to terminate your registration or to amend, review or remove your Personal Information, please access http://www.widsets.com/me_settings.html.

8. Proprietary Rights

The WidSets and widgets created by Nokia are Copyright © Nokia Corporation 2006 (or the respective Nokia's suppliers or other third parties).

Any rights not expressly granted herein are reserved. Reproduction, transfer, distribution or storage of part or all of the contents in any form without the prior written permission of us is prohibited, except in accordance with the following terms.

Nokia shall have the right, at its sole discretion, to modify the widgets to enable placing of advertisements and advertisement space inside the widgets. Nokia shall have the right to place and display advertisements inside your widgets and in the Service, at its sole discretion and without any accountability to you.

We consent to you browsing the Site on your computer or mobile terminal or other similar devices, as applicable, or printing copies of extracts from these pages for your personal use only and not for redistribution unless consented to in writing by us.

The Site and the content thereof may be used solely for private, non-commercial pur-poses, subject to these TOS and any applicable laws.

Please note that individual documents and/or services provided on the Site may be sub-ject to additional terms indicated in connection with the documents and/or services.

Trademarks of Nokia

Nokia and WidSets are registered trademarks of Nokia Corporation. Other Product and company names mentioned herein may be trademarks or trade names of their respective owners. Your access to this Site should not be construed as granting, by implication, es-toppel or otherwise, any license or right to use any marks appearing on the site without the prior written consent of Nokia or the third party owner thereof.

9. No Warranty

THE SITE AND SERVICE ARE PROVIDED AS A CONVENIENCE TO YOU. THE SITE AND SERVICE ARE PROVIDED ON "AS IS" AND "AS AVAIL-ABLE" BASIS. WE DO NOT WARRANT THAT THE USE AND/OR CONTENTS OF THE SITE AND SERVICE OR ANY WEB SITE LINKED THERETO WILL BE UNINTERRUPTED OR ERROR-FREE.

NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUD-ING 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.

10. Limitation of Liability

WE RESERVE THE RIGHT TO REVISE THE SITE AND THE CONTENTS OR WITHDRAW ACCESS TO THE SAME AT ANY TIME. WE ARE NOT LIABLE FOR THE NON-AVAILABILITY OF THE SITE AND SERVICE HOWEVER CAUSED. WE ASSUME NO LIABILITY OF ANY DELAY, DATA LOSS OR DAMAGE DURING THE TRANSMISSION FROM THE SITE AND SERVICE.

EXCEPT FOR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR INTENTIONAL MISCONDUCT, WE SHALL NOT BE LI-ABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL OR OTHER DAMAGES, LOST PROFITS, BUSINESS REVE-NUE, 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 JURISDIC-TIONS 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.

11. Your Account, Password and Security

Upon registration as a user of the Service you will be assigned a user account with your personal user name and password. Your registration as a user of the Service is personal and cannot be transferred. Only one registration is allowed per person.

You acknowledge and agree that the Service will be available and is provided to you based on the information provided by you upon registration as a user of the Service. You are responsible for keeping your registration information up to date, including, but not limited to, contact information, in order to enable proper and accurate Service.

Actions taken using your valid user name and/or password, are assumed by us to be taken by you and thus you are personally responsible for such actions.

If your user name and/or password is compromised, or if you become aware of any un-authorized use of your account or other breach of security, you are responsible for promptly notifying Nokia. You can notify us by emailing to contacts@widsets.com or accessing the Support section of www.widsets.com. You can also change the password yourself by accessing your personal data on www.widsets.com. You may not use anyone else's account at any time or permit anyone else to use your account (subject to the ex-ception of parental guidance set forth in Section "Eligibility for Services").

12. Breach of these TOS

In the event we deem, at our exclusive discretion, that you are in whatsoever manner in breach of these TOS or any other applicable terms and notices, we shall take any action of whatsoever nature, as we may deem at our exclusive discretion appropriate, to ad-dress 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, we have the right to terminate your right to use the Site and Service without notice at any time for any reason at our sole discretion and in particular, if you breach these TOS or use the Site and/or Service illegally or in a way that we deem inap-propriate or in the event you have not been using the Site and/or Service for a period of three consecutive (3) months. In the event that you are aware of a user that breaches these TOS by for example, but not limited to, stalking or harassing other users on the message board and/or chat room, please inform us of such conduct by emailing con-tacts@widsets.com.

13. Links

Although the Site and Service provides and allows you to provide links to web sites on the World Wide Web owned and operated by third parties we have no control over the content of such third party sites and cannot assume any responsibility or liability for material created or published by such third-party sites. A link to a third-party site does not imply that we endorse the site or the products and services provided on such third-party site.

Upon following a link to a third-party site please review the applicable terms and condi-tions for that site before using the site.

14. Miscellaneous

Availability of the Service and Modification of the Terms of Service

The Site and Service are available solely as decided by us and may be subject to mainte-nance breaks and any other kinds of actions. We may remove any information, including but not limited to personal data or data, material or content provided by any of the us-ers, any other data or material or terminate the Site and/or Service or any part thereof at any time at our sole discretion. We shall have no obligation to monitor any of the mate-rial provided by you by us and/or to the Site and Service, but may do so at our discre-tion.

We may from time to time amend these TOS or change, modify or withdraw access to this Site or its content at any time with or without notice. We recommend that you re-visit these TOS and the Privacy Policy from time to time to learn of any such changes. We have posted above the effective date of this version of these TOS for your refer-ence.

Customer Services

You may address your questions about the Site and/or Service by sending an e-mail to contacts@widsets.com.

Non-Waiver and Severability

The invalidity of a provision of these TOS 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 which comes closest to the result and purpose of these TOS or any other applicable terms and notices. These TOS shall neither exclude nor limit any of your mandatory rights in your country of residence.

Export Control

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 con-tent, software or materials subject to restrictions under such laws to a destination pro-hibited by such laws.

Surviving clauses

Clauses 4 (License to Submitted Content) 5 (Indemnity), 8 (Proprietary Rights), 10 (Limitation of Liability) and 14 (Miscellaneous) shall survive the termination or expiry of this TOS.

Applicable Law

The governing law for this Agreement will depend on your location, as follows:

Asia-Pacific (excluding China): If your location is in the greater Asia Pacific region of the world, excluding China, this Agreement shall be governed by and construed in ac-cordance with the laws of Singapore, excluding its choice of laws and conflicts of law rules shall not apply and excluding any law thereof directing the application of the laws of any other jurisdiction.

China: If your location is in China, this Agreement shall be governed by and construed in accordance with the laws of China, excluding its choice of laws and conflicts of law rules shall not apply and excluding any law thereof directing the application of the laws of any other jurisdiction.

Europe, Middle East and Africa: If your location in Europe, Middle East or Africa, this Agreement shall be governed by and construed in accordance with the laws of Finland, excluding its choice of laws and conflicts of law rules shall not apply and excluding any law thereof directing the application of the laws of any other jurisdiction.

Western Hemisphere: If your location is in the Western Hemisphere (the countries of North America, South America and the Caribbean), this Agreement shall be governed by and construed in accordance with the laws of the State of New York, USA, excluding its choice of laws and conflicts of law rules shall not apply and excluding any law thereof directing the application of the laws of any other jurisdiction.

Arbitration.

Nothing in these TOS shall be deemed to limit our rights to seek interim injunctive relief or to enforce an arbitration award in any court of law. The Parties agree to arbitrate disputes arising under these TOS in locations and under rules that depend on your location as follows:

Asia-Pacific (excluding China): If your are located in the greater Asia Pacific region of the world, excluding China, all disputes arising out of or in connection with the present contract, including questions regarding its existence, validity or termination, shall be finally settled, referred to and finally resolved by arbitration in Singapore in accordance with the international Arbitration Rules of Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference to this clause. The arbitration shall be conducted in the English language. The law of the arbitration shall be the International Arbitration Act (Cap 143A) of Singapore. The arbitration shall be conducted in Singapore. The award shall include a written statement of findings of fact and conclusions of law and the reasons on which it is based. Subject to any terms contained in this Agreement limiting or excluding damages, the arbitrator may award any relief that the arbitrator deems proper, including but not limited to equitable relief. The award shall be final and binding and enforceable in any court of competent jurisdiction. Where reference to the courts is necessary, the parties hereby submit to the non-exclusive jurisdiction of the courts of Singapore.

China: If you are located in China, all disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of the Interna-tional Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules. The arbitration shall be conducted in Hong Kong, China, in the English language. The award shall include a written statement of findings of fact and conclu-sions of law and the reasons on which it is based. Subject to any terms contained in this Agreement limiting or excluding damages, the arbitrator may award any relief that the arbitrator deems proper, including but not limited to equitable relief. The award shall be final and binding and enforceable in any court of competent jurisdiction.

Europe, Middle East and Africa: If your are located in Europe, Middle East or Africa, all disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules. The arbitration shall be conducted in Helsinki, Finland, in the English language. The award shall include a written statement of findings of fact and conclusions of law and the reasons on which it is based. Subject to any terms contained in this Agreement limiting or excluding damages, the arbitrator may award any relief that the arbitrator deems proper, including but not limited to equitable relief. The award shall be final and binding and enforceable in any court of competent jurisdiction.

Western Hemisphere: If your are located in the Western Hemisphere (the countries of North America, South America and the Caribbean), any and all disputes that may arise between the Parties or their Affiliates shall be submitted (together with any counter-claims and disputes under or in connection with other agreements between the Parties) to final and binding arbitration heard by a single arbitrator in accordance with the then prevailing Wireless Arbitration Rules of the American Arbitration Association (the "AAA") (except as such rules may be modified by the terms of this arbitration agreement). Any counterclaim not brought within thirty (30) days after receipt of the arbitration notice shall be barred. All matters within the scope of the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) shall be governed thereby. The arbitrator shall be a practicing attorney or retired judge, with ten (10) or more years of legal experience and knowledge of or experience in the telecommunications, computer or consumer electronics industries. The arbitration shall be conducted in Manhattan, New York, New York in the English language. The arbitrator shall allow such discovery of relevant information as is appropriate to accomplish the fair, speedy and cost-efficient resolution of the dispute within a maximum of 120 days after the AAA's appointment of the arbitrator. The award shall include a written statement of findings of fact and conclusions of law and the reasons on which it is based. Subject to any terms contained in this Agreement limiting or excluding damages, the arbitrator may award any relief that the arbitrator deems proper, including but not limited to equitable relief. The award shall be final and binding and enforceable in any court of competent jurisdiction. Any and all claims, except claims for monies due to us, arising out of or relating to the Site, your use of the Site or the Services shall be barred unless an action or legal proceeding is commenced within eighteen (18) months after the date you or we knew or should have known of the facts giving rise to such claim. The prevailing party, as determined by the arbitrator, shall pay the AAA arbitration fees and the arbitrator's fees and expenses, as applicable. 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 TOS shall be consolidated with or joined to an arbitration involving any other person or entity, whether through class arbitration proceedings or otherwise, without our prior written consent.

Copyright © Nokia Corporation 2008. All rights reserved.