Interactive Services Terms & Conditions of Use

These terms and conditions cover your use of the Symbian Discussion Forum and Wiki ("Interactive Services"). The aim of the Interactive Services is to stimulate discussion and the sharing of ideas, and as a result, Symbian encourages submissions to these sites. However, certain terms of use are required to ensure that the Interactive Services are productive forums for all users. These terms cover issues such as your registration details, the use of copyright material, and the kind of submissions that are acceptable.

1. General

The following terms cover your acceptance of these conditions.

a) The Interactive Services are offered by Symbian Software Limited (a company registered in England and Wales with registered number 4190020) (referred to as "Symbian", "we" or "our") whose registered office is at 2-6 Boundary Row, Southwark, London, SE1 8HP, UK.

b) Your use of the Interactive Services on the website http://developer.symbian.com ("the Website") is governed by these Interactive Services Terms & Conditions of Use ("Interactive Terms"), as well as by the general Symbian Website Terms & Conditions of Use ("Website Terms"); together, the "Terms of Use". Please refer back to the Website Terms at www.symbian.com/about/terms/legal.html. In the event of any conflict between the Interactive Terms and the Website Terms, these Interactive Terms shall prevail.

c) Your use of the Interactive Services indicates your acceptance of the Terms of Use, as amended from time to time by Symbian in its sole discretion (please check back periodically for any amendments). If any of the Terms of Use are unacceptable to you, you should discontinue using the Interactive Services.

d) By your acceptance of these terms and conditions, Symbian grants you a personal, non-exclusive, non-transferable right to use the Interactive Services.

2. Registration

To use the Interactive Services, you will be required to register. The registration conditions are outlined in this clause.

a) To use the Interactive Services, you must register and obtain a unique user identification and password at http://developer.symbian.com/register. All information that you provide to Symbian must be truthful. You must not use an inappropriate user name and Symbian reserves the right to require you to submit a different user name if the chosen name is inappropriate or already in use.

b) You agree to keep secure and not provide, disclose to or share with any third parties any username or password that you use to access the Interactive Services, or any other personal information. Remember: Symbian will NEVER ask for your password - don't give your password or reminder question out to anyone.

c) You must not log into the Interactive Services using a third party's username or password. You must not impersonate another person, or access (or attempt to access) another user's account or registration details. You must inform Symbian by sending an email to sdn@symbian.com if you become aware of any misuse of your user details.

d) Registration is open to any person, although a minor must have parental or guardian permission to register.

e) Symbian reserves the right to temporarily or permanently suspend your use of the Website, either of the Interactive Services, and/or your user account, if you breach these Terms of Use, or for any other reason, and to inform law enforcement agencies or other relevant parties of particular breaches at its discretion.

f) Symbian will gather, use and store the data you submit in accordance with its Privacy Policy, found at http://www.symbian.com/about/terms/legal/privacy.html.

g) By registering, you agree that Symbian may use the data submitted at the time of registration to contact you for the purposes of the administration of the Interactive Services.

h) You may terminate your registration at any time by sending an email to sdn@symbian.com.

3. Discussion Forum and Wiki Content

When using the Interactive Services and viewing submissions, you need to be aware of the following issues - in particular that the Website may include contributions from various sources over which Symbian has no control (including any content submitted by Symbian employees).

a) The views expressed on the Interactive Services are not those of, or endorsed by, Symbian. Symbian does not pre-screen material (including images, text, software and files), comments and website links submitted to the Interactive Services by users ("Submissions") or exercise editorial control over Submissions, and takes no responsibility for such Submissions.

b) In no event will Symbian be liable to you for any direct or indirect losses or damages whatsoever (including that resulting from loss of use, data or profits), whether in an action for breach of intellectual property rights, contract, negligence or other tortious action, arising out of or in connection with the use of the Interactive Services, including for the avoidance of doubt that suffered as a result of:

and in that regard Symbian limits its liability to the extent it is entitled to under law.

c) Symbian reserves the right to edit or remove Submissions at its discretion, including those that are in breach of the Terms of Use or of confidentiality requirements, or are defamatory, or otherwise are not relevant to the website and will not be liable in relation to the removal of, or failure to remove, any Submissions.

d) Symbian does not make any warranty that the Interactive Services will meet your requirements, or that they will be uninterrupted, timely, secure or error free.

4. Your Submissions and Use of the Interactive Services

While constructive and lively submissions and debate are encouraged, it is important that your use of the site complies with some basic rules. Symbian may remove content at its discretion that it feels does not comply with these terms.

a) You must not imply that you or your Submissions are connected with, employed, endorsed, sponsored or licensed by Symbian or any of its partners or affiliates, if this is not the case.

b) You must not breach obligations of confidentiality that you owe to another party. In particular, Symbian employees and partners must not breach any confidentiality obligations that they owe to Symbian or that Symbian owes to a third party. If you are unsure whether material is confidential, please check with the owner of that information.

c) Your Submissions must not be illegal, defamatory, discriminatory, or invasive of privacy. Your Submissions must not encourage racial hatred, or be abusive, or (in the reasonable opinion of Symbian) objectionable or offensive. You must not harass, threaten or embarrass another user of the Interactive Services. In particular, you should not attack the personality or character of another user.

d) Submissions must not disparage, defame, or be derogatory to Symbian, its customers or licensors, or their products or services.

e) You must not improperly use, modify, or hack into Submissions, the Website or the Interactive Services, or attempt to interfere with or decipher any transmissions to or from the server running the Interactive Services. You warrant that to the best of your knowledge and belief, your Submissions do not contain viruses or corrupted data.

f) You must not engage in any illegal activity in your use of the Interactive Services (including the distribution of any counterfeit software) and must comply with all applicable rules, laws and regulations, including national, local and foreign laws where applicable - ignorance of the law is no excuse, and the laws applicable to the off-line world must also be followed in the on-line sphere. We will refer any illegal behaviour to law enforcement authorities at our discretion.

g) You must not deliberately disrupt the Interactive Services in any way (including by means of spamming, flooding, use of offensive language, uploading of large images or files, constant hitting of the return key, excessive "shouting" by use of capitalisation, submitting unsupportable complaints or falsely reporting faults).

h) You warrant that your Submissions do not infringe another person's intellectual property rights or publicity rights and that you are entitled to upload or provide such Submissions to the Interactive Services. You may not upload a photograph of another person without their consent.

i) You must not modify, adapt, copy, broadcast, distribute, transmit, reverse engineer, display, perform, reproduce, publish, license, create derivative works from, transfer, sell, lease, download, or store (in any medium) in any way any Submissions or other content of the Interactive Services for any purpose whatsoever without permission, except for your sole personal use for the purposes of viewing and using the Interactive Services. However, you may download and store one copy of the Submissions for your own personal, non-commercial use.

j) The Interactive Services may not be used for the purposes of advertising or commercial use and you must not post Submissions that purely consist of advertising or promotional material. If you will receive compensation by your recommendation of a website link, you must say so in any Submission that includes such a link by stating "I may receive some form of compensation, financial or otherwise, from my recommendation or link.". Any reference to a product or event must be relevant to the subject under discussion. Other than as referred to above in this clause, you may not accept payment or anything of value from a third party in exchange for performing any commercial activity on or through the Interactive Services.

k) You may not collect and/or store user names and/or email addresses and/or other personal details of other users by electronic or other means for the purposes of sending unauthorised emails (such as "spamming"), chain letters, junk mail or other unsolicited communications.

l) You may not upload files of a size greater than 5mb.

m) You may establish hypertext links to this website, but you may not load our pages onto frames on your site. Any Website pages must load into the user's entire window.

n) Any automated use of the Interactive Services is prohibited, such as using scripts to send Submissions.

o) Please also comply with the following guidelines for the use of the Interactive Services to help ensure their effectiveness for all users: -

5. Licences

The following conditions govern the usage of the Submissions by Symbian. You need to be sure that you are able to disclose and use the material that you post.

a) By posting a Submission to the Interactive Services, you grant Symbian a perpetual, non-exclusive, worldwide, royalty-free, transferable licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and make available to the public that Submission without restriction, including for the purposes of the Interactive Services, for internal purposes and for commercial purposes. You acknowledge that Symbian may at its discretion contact you using your registration details to discuss any Submissions with you further.

b) You should not upload any material or ideas that you wish to keep confidential. All Submissions are non-confidential. Any other information that you otherwise provide to Symbian will be treated as non-confidential unless received by Symbian in accordance with a formal written confidentiality agreement between Symbian and you. Please contact Symbian by email at sdn@symbian.com if you wish to discuss any such material or ideas.

c) You waive any "moral rights" that you may hold in respect of your Submissions.

6. Governing Law and Other

These are standard "boilerplate" terms to govern the interpretation of the Interactive Terms.

a) These Interactive Terms are governed by and construed in accordance with the laws of England and Wales and are subject to the exclusive jurisdiction of the English courts.

b) The failure by Symbian to exercise or enforce any right or provision of these Interactive Terms shall not operate as a waiver of any such right or provision.

c) If any provision of these Interactive Terms is unlawful, void or unenforceable, that provision is deemed severable from these Interactive Terms and will not affect the validity or enforceability of the remaining provisions.

d) The Terms of Use will remain in full force and effect for as long as you are registered to use the Interactive Services and the provisions of clauses 2(c), 3(b), 3(c), 4(e), 4(h), 4(i), 5 and 6 shall continue after termination.

 
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