Terms of Sprint PCS Picture and Video Mail Service


Terms of Sprint PCS Picture and Video Mail Service

Picture MailSMand Video Mail service - including access to and use of the services at www.pictures.sprintpcs.com or related sites - is provided to you by Sprint ("Service") under the following terms and conditions and incorporate the Terms and Conditions set forth at www.sprintpcs.com (collectively "Terms"). The Terms address a number of important areas including, but not limited to, appropriate use of the Service, our Privacy Policy, copyright & trademark terms, and other information governing the use of Sprint's numerous services. We may change the Terms from time to time at our discretion with or without notice to you. Any changes will be posted on the Service. Your use of the Service indicates your acceptance of the Terms.

1. Eligibility
The Service is provided to individuals who are at least 18 years old and to minors who have parental permission. We encourage parents and guardians to take an active role in protecting the privacy and security of their children. If you as a parent have any concerns regarding this issue, please feel free to contact us at pictures@sprintpcs.com.

2. Membership Fees
The Service is available at an additional monthly charge (in addition to any charges you may pay for PCS Vision services) through Sprint and provides you, among other things, the ability to store and share pictures and video clips taken on select Sprint PCS Vision phones or devices. If you have previously not signed up for the Service with activation of your service plan, you may add this Service to your account for an additional monthly charge through select Sprint PCS Vision Phones.

3. Account Password
We will have access to your account password and login name. We will not disclose your account password to third parties without good cause.

4. Photo Loss
Sprint does not warrant that pictures, video clips or albums stored will not be deleted, modified or damaged. If pictures, video clips or images are particularly valuable, have sentimental or other intangible value or are otherwise unique or irreplaceable, reliable storage alternatives should be used, including hard copy duplication and electronic back up and storage.

5. Use of Related Software
Any software that is provided for download and installation on your personal computer or electronic device in connection with the Service is licensed under the terms and conditions of a separate software license agreement. These license agreements are available for your review upon download, installation and/or use of that software.

6. Use of Pictures and Video Clips
You grant us permission to access, use, download, upload, copy, print, display, reproduce, modify, publish, post, transmit and distribute any materials you upload to the Services to fulfill your print or other requests, to maintain the Service, to protect Sprint from liability to others, to investigate suspected violations of these Terms, to comply with lawful requests from governmental authorities, or in response to court orders, subpoenas, complaints. We may also edit, remove, or refuse to post any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms.

7. User Conduct, Responsibilities & Other Terms
(a) You agree to provide true, accurate, current, and complete information about you as prompted during the registration process, and to maintain and update this information to keep it true, accurate, current, and complete.

(b) You are responsible for maintaining the confidentiality of your Service account, and you agree to be fully responsible for all activities which occur through anyone's use of your password or account, whether or not authorized by you. You agree to notify Sprint immediately of any unauthorized use of your password or account or any other breach of security.

(c) You agree to not use the Service to harass, impersonate or otherwise antagonize any person or entity, or to interfere with the use and enjoyment of the Service by others.

(d) You agree to not use the Service to engage in antisocial, disruptive, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet;

(e) You agree that you, and not Sprint, are solely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), that you upload, post, email, transmit or otherwise make available via the Service. You agree to post Content consistent with the Terms. Sprint reserves the right to take appropriate action (legal or otherwise), in its sole discretion, against anyone who violates the Terms including, without limitation, removing the offending content from the Service, terminating the violating user's access and use of the Service, PCS Vision services, Sprint wireless services and/or any other service provided to that user by Sprint. Sprint in it sole discretion determines whether Content on the Service violates the Terms. By way of example only, the following is a partial list of the kind of Content that Sprint deems illegal, inappropriate or otherwise prohibited:


(1) any material in violation of the copyrights, trademarks, intellectual property, privacy rights or other rights of any other person;

(2) any unlawful, harassing, libelous, privacy invading, abusive, hateful, offensive, threatening, harmful, vulgar, defamatory, obscene, racist or otherwise objectionable material of any kind;

(3) material that exploits any adult or minor in a sexual or violent manner, solicits personal information from any minor, or that harms any minor; or

(4) any material that violates any applicable law or regulation;

(f) You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. While we will take efforts to remove any objectionable Content, we do not have any obligation to monitor the Service. Under no circumstances will Sprint be liable in any way to you for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of any Content posted, emailed, transmitted or otherwise made available via the Service.

(g) The Service is for the personal use of our customers only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not use the Service for any purpose. Illegal and/or unauthorized uses of the Service, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Service is strictly prohibited.

(h) You agree to not attempt to gain unauthorized access to other computer systems or networks connected to the Service.

(i) You agree to not engage in advertising to, or solicitation of, other users of the Service to buy or sell any products or services through the Service.

(j) You agree to abide by all applicable local, state, national, and international laws and regulations in your use of the Service and in your use of any software downloaded from the Service.

(k) We own and retain all proprietary rights in the Service. The Service contains the copyrighted material, trademarks, and other proprietary information of Sprint and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

8. Usage and Storage
We and our suppliers assume no responsibility for: (1) any full or partial loss, deletion or failure to store your pictures, video clips or any other data; (2) any notice or lack of notice of such loss, deletion or failure to store your data; or (3) any correct or erroneous informing of or failure to inform user of such loss, deletion or failure to store your data. From time to time we may establish an upper limit on the size of data storage that you are permitted to use on the Service and/or an upper limit on the frequency or amount of usage that you are permitted on the Service or related software. In addition, we may establish a reasonable period of time (for example, three months) such that if you do not use the Service at least once during such period, we may terminate the Service to you for non-use, and delete pictures, video clips and other data that you may have stored through the Service.

9. Changes to the Service and Termination of the Service
(a) We may change these Terms from time to time without notice to you. We may discontinue the Service or any feature or portion of the Service at any time, with or without notice. You agree that upon modification or discontinuance of the Service, we may delete the materials you have stored on the Service.

(b) With prior notice, we may charge a monthly or other fee for using the Service.

(c) We may terminate your access to the Service, your PCS Vision services, your Sprint wireless service and/or any other service provided to you by Sprint at any time, without notice, if we determine in our sole discretion that you have violated or acted inconsistently with the letter or spirit of these Terms, or abused or misused the Service in any way.

(d) Should you object to any of these Terms or any changes to them, or should you become dissatisfied with the Service in any way, your only recourse is to immediately: (1) discontinue use of the Service; and (2) terminate the Service and notify us of the termination. Termination of the Service may, in some instances, require you to change your PCS Service Plan.

10. Privacy Policy
Sprint respects the privacy of its customers, and other individuals and businesses using the Web sites owned and operated by Sprint and its Affiliates ("Sprint Web sites"). Our Privacy Policy can be reviewed at www.sprintpcs.com and will provide you information about the types of information collected on Sprint Web sites and how the information is used and protected.

11. Disclaimers
We disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material in this Service. We further disclaim any responsibility for the deletion, misdelivery, failure to store or untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material through the Service. We also disclaim any responsibility for failures to process film, prints, slides, negatives or digital images. You agree that you will bear all risk associated with any content that you access through the Service.

12. Other Terms & Conditions
The terms set forth above supplement and are in addition to the general Terms and Conditions found at www.sprintpcs.com. Please review the general Terms and Conditions for additional terms including, without limitation, Limitations of Liability, Disclaimer of Warranties, and our Mandatory Arbitration provision.