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Website Terms of Use

ATTENTION: PLEASE READ THE FOLLOWING CAREFULLY BEFORE USING THIS WEBSITE.

Virgin Mobile Canada Website Terms and Conditions of Use

These terms and conditions of use, including any applicable policies outlined below ("Terms") are governed by the laws of the Province of Ontario. By accessing this Virgin Mobile Canada ("Virgin Mobile") branded website ("Website") or using products and services offered by Virgin Mobile or its suppliers ("Services") linked to these Terms you are agreeing to accept these Terms. Users of Virgin Mobile wireless services must additionally comply with applicable Terms of Service. If you do not accept these Terms, please do not use this Website or the Services. Please note that any on line activity or transactions on this Website are restricted to individuals who are the age of majority in their province of residence. All information contained in this Website is intended for general usage.

Use of website

Virgin Mobile authorizes Website visitors and users of its Services ("Visitors") to view and download the materials on this Website, including text, pictures, graphics, audio or video clips, software and any other information ("Materials") only for their personal, non-commercial use, provided that Visitors retain all copyright and other proprietary notices contained in the original Materials, on any copies of the Materials, abide by all laws and comply with all requirements identified in these Terms. Visitors may not modify the Materials in any way or reproduce or publicly display, perform, distribute or otherwise use them for any public or commercial purposes. Any use of these Materials (excluding Visitor Content as defined below) on any other website, electronic device or networked computer environment for any purpose is prohibited.

Registration, accounts, and passwords

Certain elements of the Services offered through this Website may require registration. Should you choose to register for such services or related features, you agree to provide accurate and current information about yourself as required by the relevant registration process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration with the Service, and (b) all activities that occur under such password or account. Further, you agree to immediately notify Virgin Mobile of any unauthorized use of your password or account. Virgin Mobile shall not be responsible or liable, directly or indirectly, or in any way for loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with these requirements.

Privacy of personal information

The collection of any identifiable information about an individual ("Personal Information") through this Website is done only with the consent of the individual and in accordance with the Virgin Mobile Privacy Policy, which forms part of these Terms. We urge all Visitors to review this Policy. Virgin Mobile may contact you by phone or email in order to provide you with updates pertaining to its services as well as information about additional offers, products or events that Virgin Mobile believes may be of interest to you. You can choose to unsubscribe to such updates by calling Virgin Mobile-s Privacy Officer at 1.877.873.7748 or via email to privacy@virginmobile.ca or following the links on secondary marketing sent to you.

Monitoring

You acknowledge that Virgin Mobile has no obligation to monitor any Materials or Visitor Content accessible, transmitted through or posted to this Website or through the Services. You agree that Virgin Mobile has the right to monitor the use of the Website and Services electronically from time to time and to disclose any information necessary to: (a) satisfy any legal, regulatory or other government request; (b) to operate the Website and Services properly; or (c) to protect itself, other Visitors or users in accordance with the Privacy Policy. Virgin Mobile reserves the right to refuse to post or to remove any Materials or Visitor Content in whole or in part, that, in its sole discretion is unacceptable, or in violation of these Terms.

Network security

Virgin Mobile provides you with Services through the networks of other telecommunications providers and through other suppliers and third parties (together "Suppliers"). Your use of the Services of Virgin Mobile and the equipment, facilities and services of Suppliers is at your own risk. Virgin Mobile assumes no responsibility for security of the Visitor-s facilities or networks or for unauthorized access to such networks or facilities. In all cases, Visitors are responsible for determining and establishing secure network access configurations. Virgin Mobile its partners, affiliates and Suppliers and each of their respective directors, officers, employees, consultants, agents and suppliers shall not be liable for any inability, failure or mistake related to any security breach or identification of such breach or any loss that results from the transmission of confidential or sensitive information over the Internet.

Downloads

Any software made available to you for downloading in connection with the Service is done so subject to the applicable terms and conditions provided to you during the downloading process. You agree to review and abide by any applicable terms and conditions and assume all risk associated with the use of such software.

Visitor content

Any text, pictures, graphics, audio or video clips, software and any other information transmitted or posted to this Website by Visitors ("Visitor Content") will be considered non-confidential and non-proprietary. Virgin Mobile and its Suppliers shall have no obligations with respect to Visitor Content. Virgin Mobile, its Suppliers and designees will be free to copy, disclose, distribute, incorporate and otherwise use the Visitor Content and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes.

Illegal usage prohibited

Visitors shall not use Virgin Mobile-s Website, Materials or Services to post, transmit, upload, distribute or publish any Visitor Content that is libellous, seditious, defamatory, blasphemous, fraudulent, obscene, pornographic, abusive, infringing or otherwise illegal, as determined in the sole discretion of Virgin Mobile. Visitors agree to comply with all applicable local, provincial, federal and international laws, regulations and treaties while using this Website. In addition, while using the Website, Visitors shall comply with generally accepted Internet standards and shall refrain from any abusive use of the Internet in accordance with these Terms as modified from time to time. Visitors place any Visitor Content on Virgin Mobile-s Website at their own risk. Some Visitor Content may be lost as a result of a system error or as a result of editing. Virgin Mobile and its Suppliers make no commitments with respect to recoverability of lost data.

Harassment prohibited

It is prohibited to use Virgin Mobile-s Website or Services in any manner so as to harass, threaten, abuse, embarrass, or cause distress, unwanted attention, or discomfort to any person or entity. This prohibition extends to any comments or conduct that Virgin Mobile may deem, in its sole opinion to be vulgar, hateful or racially or ethnically offensive, or otherwise objectionable. For greater certainty, any message or conduct that is repeated after warning or notification is given that such conduct is unwelcome, constitutes harassment.

False advertising prohibited

It is prohibited to use Virgin Mobile-s Website or Services to post any advertising promotions, and other Visitor Content that contains false, deceptive, or misleading statements, claims, or representations.

Trademark

The "Virgin" name, the Virgin signature logo, the "Virgin Mobile" name, the Virgin Mobile logo, and the Virgin Festival logo are trademarks and registered trademarks of Virgin Enterprises Ltd. and used under license by Virgin Mobile Canada. Soundbar, Studio V, and other names and logos are also trademarks and registered trademarks of Virgin Mobile Canada. Any use of Virgin Mobile Canada or Virgin Enterprises Ltd. trademarks without prior written authorization is expressly prohibited

Copyright

The Materials at this Website are copyrighted and any unauthorized use of any Materials may violate copyright, trademark, and other laws. If Visitors breach any of these Terms, their authorization to use this Website or the Services automatically terminates and Visitors must immediately destroy any downloaded or printed Materials. Visitors accessing this Website agree to grant to Virgin Mobile a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, reproduce, distribute, transmit, create derivative works of, publicly display any Visitor Content submitted, transmitted or posted to the Website or through the Services. Visitors agree that they shall have no recourse against Virgin Mobile for any alleged or actual infringement or misappropriation of any proprietary right in Visitor Content.

Accessibility

Virgin Mobile is committed to helping make its Website accessible to everyone. Virgin Mobile is using the Web Content Accessibility Guideline (-WCAG-) established by the World Wide Web Consortium (W3C) to achieve a combination of an -A- and -AA- rating. If you are using specialized software to allow you to view websites such as a screen reader, you should find that the site has been designed in a way that makes it easier for you to find what you-re looking for. Although Virgin Mobile uses its best efforts to meet these accessibility guidelines, its business partners may be unable to do so and so some remote hosted Websites may not achieve these guidelines. If you have trouble using our Website with certain web browsers or other software, please let us know by clicking here to contact Virgin Mobile. We appreciate any feedback and are always trying to improve our services to you.

Links to other websites

Links to third party websites on this Website are provided solely as a convenience to Visitors. If Visitors use these links, they will leave this Website. Virgin Mobile has not reviewed all of these third party websites and does not control and is not responsible for any of these websites or their content. Thus, Virgin Mobile does not endorse or make any representations about them, or any information, or other products or materials found there, or any results that may be obtained from using them. If Visitors decide to access any of the third party websites linked to this Website, they do this entirely at their own risk.

Termination

You acknowledge and agree that Virgin Mobile, in its sole and absolute discretion, may, without notice to you, suspend or terminate your account or your use of, or access to the Website or any Services and remove and discard any Materials or Visitor Content related to such Service for any reason, including where Virgin Mobile believes that you have violated any of the Terms. You agree that Virgin Mobile shall not be liable to you or to any other person as a result of any such suspension or termination. If you are unsatisfied with any Terms, policies or guidelines regarding the use of the Website or operation of the Services, please discontinue using the Website and/or the Services. Any amounts payable for prepaid Services shall be payable in advance and Virgin Mobile shall not be required to refund to you any amounts prepaid for use of any Services.

Indemnification

Visitors to this Website shall indemnify and forever save harmless Virgin Mobile, its partners, affiliates and Suppliers and each of their respective directors, officers, employees, consultants, agents and suppliers from and against any and all claims, demands, actions, suits, losses, costs, charges, expenses, damages and liabilities, (including legal fees) which may be incurred by reason of or in connection with Visitor-s use of this Website, Services and Materials, from Visitor-s breach of any Terms herein, or from any such acts arising through Visitor-s use of any information provided through this Website or the provision of any communications or other materials by the Visitor to the Website.

Disclaimer of warranty

You acknowledge that you are using this Website and any Services or Materials at your own risk. Virgin Mobile and its Suppliers do not guarantee error-free or un-interrupted operations of its Website or Services. The Services and information provided at this Website are provided "as is" without any warranties of any kind including warranties of merchantable quality, fitness for a particular purpose, or non-infringement of intellectual property. Virgin Mobile and its Suppliers do not warrant the accuracy and completeness of the Materials available on or through this Website. The Materials on this Website may be out of date, and Virgin Mobile makes no commitment to update the Materials on this Website. Information published on this Website may refer to products, programs or services that are not available in your jurisdiction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Limitation of liability

You agree that in no event will Virgin Mobile, its partners, affiliates and Suppliers and each of their respective directors, officers, employees, consultants, agents and suppliers be liable to you for any direct, indirect, special, consequential or punitive damages (including, without limitation, those damages resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, reliance, or the results of use of this Website (including the Services, Materials or information contained on this Website and/or other linked websites), any unauthorized access to or modification of any Visitor Content you may have posted, accessed or transmitted through the Website or the Services, or any activity or electronic transactions made through this Website or the Services, whether based on warranty, contract, tort or any other legal theory and whether or not Virgin Mobile is advised of the possibility of such damages.

Applicable laws

These Terms of Use shall be governed and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. The courts of the Province of Ontario shall have exclusive jurisdiction over all disputes. The parties agree that jurisdiction and venue in such courts is appropriate and irrevocably attorn to the jurisdiction of such courts.

General

Virgin Mobile may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you and your continued use of the Website signifies your acceptance of these revised Terms. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Website.

Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavour to give effect to the parties- intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.

Entire agreement

These Terms constitute the complete and entire agreement between the parties and supersede any prior agreement, whether written or oral.

Waiver

Virgin Mobile will not be considered to have waived any of its rights or remedies described in these Terms unless the waiver is in writing and signed by Virgin Mobile. No delay or omission by Virgin Mobile in exercising its rights or remedies will impair or be construed as a waiver of its right to enforce such rights at any time.