Terms of Use

1. Your Acceptance

BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the http://www.nokia-asia.com/iac domain name, the "Independent Artist Club", The "IAC", or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF IAC PRIVACY NOTICE, WHICH ARE PUBLISHED AT http://www.nokia-asia.com/privacy, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the IAC Website.

2. Independent Artist Club Website (also known as IAC)

These Terms of Service apply to all users of the IAC Website, including users who access, view, download or stream material from the Website as well as those who are also contributors of video content, music content, information, and other materials or services on the Website. The IAC Website may contain links to third party websites that are not owned or controlled by IAC. IAC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, IAC will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve IAC from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the IAC Website and to read the terms and conditions and privacy policy of each other website that you visit.

3. Website Access

A. IAC hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, non-commercial use; (ii) you will not copy or distribute any part of the Website in any medium without IAC's prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; (iv) you will comply with the terms and conditions of these Terms of Service and (v) your use of the Website will be in compliance with all applicable laws and regulations.

B. In order to access some features of the Website, you will have to complete the registration process and create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify IAC immediately of any breach of security or unauthorized use of your account. Although IAC will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of IAC or others due to such unauthorized use.

C. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions. You will not use the Website to "stalk" or harass another person and your use will not suggest or encourage to any illegal activity.

4. Intellectual Property Rights

The content on the IAC Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or duly licensed to IAC. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of IAC.

IAC reserves all rights not expressly granted in and to the Website, the Content and the Marks. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the IAC Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the IAC Website or the Content therein.

5. User Submissions

A. The IAC Website may now or in the future permit the submission of comments, ratings, suggestions, feedback, discussion threads, videos, images, music tracks, music clips or other communications or material submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, IAC does not guarantee any confidentiality with respect to any submissions. Users Submissions of music content does not automatically qualify you for participation in the IAC Music Programme. If you intend to participate in the IAC Music Programme, you will need to complete the registration process and accept the terms and conditions of the IAC Music Programme found at this link: www.nokia-asia.com/iac/submission.

B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize IAC to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to IAC, you hereby grant IAC a perpetual, worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, communicate and perform to the public ithe User Submissions in connection with the IAC Website and IAC's (and its successor's) business, including without limitation for promoting and redistributing part or all of the IAC Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the IAC Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display, communicate and perform to the public such User Submissions as permitted through the functionality of the Website and under these Terms of Service. You also agree that other users may provide comments, ratings or feedback to your User Submissions.

C. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant IAC all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage IAC or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person; (vi) submit content 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; (vii) will not compromise the security or integrity of Nokia's computer systems, networks or servers or this Website. IAC does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and IAC expressly disclaims any and all liability in connection with User Submissions. IAC does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and IAC will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. IAC reserves the right to remove Content and User Submissions without prior notice. IAC will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice. IAC also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. IAC may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

D. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification by providing our Copyright Agent with the following information in writing:

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

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

(v) 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

(vi) 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.

IAC's designated Copyright Agent to receive notifications of claimed infringement is iac@fruktmusic.com. For clarity, only infringement notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to IAC customer service through EXT-Anna.Carlos@nokia.com.

E. You understand that when using the IAC Website, you will be exposed to User Submissions from a variety of sources, and that IAC is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against IAC with respect thereto, and agree to indemnify and hold IAC, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

F. IAC permits you to link to materials on the Website for personal, non-commercial purposes only. IAC reserves the right to discontinue any aspect of the IAC Website at any time.

G. In the event that you are in breach of these Terms of Service or fail to comply with your obligations set out here, Nokia may take whatever action is appropriate to address your breach or failure including without limitation removal of your User Submission, prevention of further access to the Website and any further legal action without notice to you.

6. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE IAC WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, IAC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. IAC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE IAC WEBSITE.

7. Limitation of Liability

IN NO EVENT SHALL IAC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE IAC WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT IAC SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by IAC from its facilities in Singapore. IAC makes no representations that the IAC Website is appropriate or available for use in other locations. Those who access or use the IAC Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

8. Indemnity

You agree to defend, indemnify and hold harmless IAC, its parent corporation, officers, directors, employees, agents and its authorized service providers from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the IAC Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the IAC Website.

9. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the IAC Website is not intended for children under 13. If you are under 13 years of age, then please do not use the IAC Website-there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

10. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by IAC without restriction.

11. General

These Terms of Service shall be governed by the laws of Singapore. Any claim or dispute between you and IAC that arises in whole or in part from the IAC Website shall be decided exclusively by a court of competent jurisdiction located in Singapore. These Terms of Service, together with the Privacy Notice at http://www.nokia-asia.com/privacy and any other legal notices published by IAC on the Website, shall constitute the entire agreement between you and IAC concerning the IAC Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and IAC's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. IAC reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the IAC Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND IAC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE IAC WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.