TERMS OF WEBSITE USE

 

Acceptance of Terms of Website Use
Virgin Mobile USA, LLC ("Virgin Mobile" or "we", "us", "our"), provides access to this website located at www.stgg.com (the "Site"), subject to your acceptance of these Terms of Website Use ("Terms").  By accessing and using this Site, you agree to comply with these Terms. If you also are a subscriber of our phone service, you will be subject to the Virgin Mobile Terms of Service [link to VMU Terms of Service] for Virgin Mobile products and services. If you have any questions about these Terms or using the Site, feel free to contact us at ourteam@virginmobileusa.com.

Privacy
Virgin Mobile is committed to protecting your privacy. Please review the www.stgg.com privacy policy [link to STGG privacy policy] to see what information we may collect through this Site and how we use it.

Acceptance of Terms of Website Use

You understand that Virgin Mobile does not guarantee that anything on the Site will be free of infection, viruses or other mean computer stuff that might damage or interfere with your computer, data or personal information. You may not do anything that interferes with the operation of the Site. No hacking. No Spamming.

Intellectual Property - Copyright, Trademark and Disclaimer Notices
The contents of the Site, such as text, design, graphics, logos, video and audio clips, photographs, software, interfaces or code (the "Content") and the selection and arrangements of the Content is the property of Virgin Mobile and its business partners, and is protected by state, federal and international copyright and trademark laws, or other proprietary rights. These rights are protected in all forms, media and technologies existing now or hereinafter developed. All trademarks, service marks and trade names are trademarks or registered trademarks of and are proprietary to Virgin Mobile USA and its business partners, or other respective owners that have granted Virgin Mobile USA the right and license to use such marks. Such trademarks and content may not be used except as provided in these Terms or in the text of the Site. You may print and download the Content solely for your personal, non-commercial use. No portion of the Content may be reprinted, republished, modified, or distributed in any form without the express written permission of Virgin Mobile. You may not reproduce, reverse engineer, decompile, modify, transmit, sell, distribute, license or create derivative works of the Content. Any unauthorized use of the Content is strictly prohibited and may violate copyright law, trademark law, the laws of privacy and publicity, and communication regulations and statutes.

Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of Virgin Mobile or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or rights under any Virgin Mobile copyright.

The "Virgin" name and signature, the "Virgin Mobile" name and logo are registered trademarks of Virgin Enterprises Ltd. and used under license by Virgin Mobile USA, LLC.

Unsolicited Submission of Ideas

Neither Virgin Mobile nor any of its employees accepts, invites or considers under any circumstances unsolicited submissions of ideas, creative suggestions or proposals, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, packaging or other materials related to our products, product enhancements, processes, materials, marketing plans, research related to our business, business operations or new product names. This policy is intended to avoid disputes in the event that Virgin Mobile's products or marketing strategies seem similar to ideas submitted to Virgin Mobile or its employees.

 

The following terms shall apply to any unsolicited submission regardless of any statement included in accompanying material: Except as governed by our Privacy Policy, all ideas included in any unsolicited submission will automatically be treated as non-confidential and non-proprietary and will become the sole property of Virgin Mobile without any compensation whatsoever. Virgin Mobile and its affiliates will have no obligations with respect to such submissions and will destroy such submissions upon receipt. Nothing restricts Virgin Mobile from independently developing any idea, however similar to any submission. Anyone who submits an unsolicited idea, suggestion or proposal to Virgin Mobile thereby waives any right, title and interest in the content of such submission and agrees not to assert any claim of ownership in that content against Virgin Mobile.

 

No Warranties

Enjoy using our Site, but please understand that you assume total responsibility and risk when you use our Site and the Internet. The Site and the Content and services made available on the Site are provided on an "as is" and "as available" basis. Here comes some legal mumbo jumbo. Virgin Mobile does not make any express or implied warranties, representations or endorsements whatsoever (including but not limited to, warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the Site, the Site Content, any services provided through the Site or on the Internet. We expressly disclaim any and all implied warranties. Some states may not permit the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

 

Limitation of Liability

We won't be liable to you for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind, including lost profits (regardless of whether we have been notified that such loss may occur) by reason of any act or omission in our provision of Site under these Terms. You understand that this paragraph shall apply to all Content and services available through the Site.

 

Indemnification

(Take a sip of coffee. Crack your neck. Continue.) You agree to indemnify and hold harmless Virgin Mobile from any and all liabilities, penalties, claims, causes of action and demands brought by third parties (including the costs, expenses and attorneys fees on account thereof resulting from your use of the Site) whether based in contract or tort (including strict liability) and regardless of the form of action. Blah, blah, blah...

 

Policy Regarding Copyright Infringement and Designation of a Copyright Agent

Virgin Mobile's policy regarding copyright infringement and Virgin Mobile's designated agents for receipt of copyright infringement claims pursuant to the Digital Millennium Copyright Act (17 USC section 512) is incorporated herein and follows below.

 

Virgin Mobile respects the intellectual property rights of others and requires those that visit our Site and use our network to do the same. Virgin Mobile may, in appropriate circumstances and at its discretion, remove or disable access to material on its Site or its network that infringes upon the copyright rights of others. Virgin Mobile also may, at its discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any visitors to our Site or users of our network repeatedly infringe on others' copyrights, we may in our sole discretion terminate those individuals' rights to use our Site or network. (Take a deep breath.)

 

If you believe that your work has been used on our Site or network in any manner that constitutes copyright infringement, please notify one of Virgin Mobile's copyright agents (these are the lawyers in cheap suits) by written notice. The notice should include the following information: An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed; A description of the copyrighted work you claim has been infringed, including a copy of the copyrighted work or the web page address where the copyrighted work may be found; Identification of the location on our Site of the material you claim has been infringed, or the link or reference to another website that contains the material you claim has been infringed; Your name, address, telephone number and email address; A statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner or the law; and A statement by you that the information in this notification is accurate and a statement, under penalty of perjury, that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner's behalf.

 

Virgin Mobile's copyright agents for notice of claims of copyright infringement is John Beahn, Esq., who can be reached at following:

 

By mail:

Skadden, Arps, Slate, Meagher & Flom LLP

1440 New York Avenue

Washington, DC 20005

 

By email: jbeahn@skadden.com

By telephone: 202-371-7392

By facsimile: 202-661-9192

 

Acceptable and Lawful Use of Site

You agree to comply with all applicable laws regarding use of the Site. Any information you provide to Virgin Mobile in connection with the Site must comply with the following conditions and shall not create any liability for Virgin Mobile or cause Virgin Mobile to lose (in whole or in part) the services of its Internet Service Providers or other suppliers or vendors:

 

Content Objectionable or Offensive to Third Parties

You may not upload, download, post, distribute, or otherwise transmit any content that is unlawful, libelous, defamatory, slanderous, obscene, pornographic, harassing, threatening, abusive, harmful, violative of others' privacy rights, or otherwise objectionable.

 

Unlawful Content

You may not upload, download, post, distribute, or otherwise transmit any content that encourages or is in furtherance of an unlawful, criminal, or fraudulent activity.

 

Infringing Content

You may not upload, download, post, distribute, edit, modify or transmit any content that may infringe on any patent, trademark, trade secret, copyright, or other intellectual proprietary right of any person. Infringement may result from the unauthorized copying, posting, editing, modifying or distributing of any content, including ringtones, graphics, pictures, photographs, logos, software, articles, music, or videos. By posting any content through this Site, you represent that you have legal rights to use, distribute, and publish such content.

 

Removal of Objectionable Content

While we do not monitor your use of our Site, we reserve the right to remove or delete any content that you upload, download, post, distribute, or otherwise transmit on our Site that violates these Terms or is otherwise deemed objectionable by us in our sole discretion.

Links to Other Websites
We may provide links to websites other than www.virginmobileusa.com because we want to make using our Site enjoyable. We do not endorse or make any representations about these other sites, or any information or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of these other sites linked to this Site, you do so entirely at your own risk. Virgin Mobile has no responsibility for the content of such other sites and shall not be liable for any damages or injuries arising from the content from these other sites.

International Users

Virgin Mobile makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal in certain countries or for certain persons. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction regarding online conduct and acceptable Content.

 

(Take a deep breath.) Your personal information ("Information") that is submitted to this Site will be handled in accordance with applicable U.S. law. If you are a non-U.S. user, you agree that Virgin Mobile may collect and use your Information and disclose it to other entities outside your resident jurisdiction. In addition, such Information may be stored on servers located outside your resident jurisdiction. U.S. law may not provide the degree of protection for Information that is available in other countries. By providing us with your Information, you acknowledge that you consent to the transfer of such Information outside your resident jurisdiction as detailed in our Privacy Policy. If you do not consent to such transfer, you may not use this Site. If you have already provided us with Information, say "aw shucks" and then please contact us at ourteam@virginmobileusa.com and let us know how you would like us to handle such Information.

Entire Agreement, Updates and Modifications
These Terms and any referenced documents constitute the entire agreement between Virgin Mobile and you pertaining to your use of the Site. Virgin Mobile may amend these Terms or any other referenced documents at any time by posting the amended documents on the Site. Any amended or modified terms will be effective upon posting. Continued use of the Site means that you have accepted any modified Terms of Service. If you have any questions about these Terms, contact us at ourteam@virginmobileusa.com.

Termination
While we do not monitor your use of our Site, Virgin Mobile may immediately issue a warning, suspend or terminate your access to the Site for breach of these Terms (or any other agreement or policy incorporated by reference hereto), or for any other reason in our sole discretion.