Virgin Mobile has long been committed to maintaining the accuracy, confidentiality, security and privacy of your personal information. We consider your personal information to be information about you as an identifiable individual that is protected by law.
We’d like you to better understand how your personal information is collected, used and disclosed when you access and use our Site:
(a) Transactions and inquiries: You may be asked for personal information, such as your name, address or e-mail address, current phone number, payment information and permission to conduct a credit inquiry when you order a product or service online.
(c) Quality assurance: Virgin Mobile may capture, replay and analyze details of your Site visits to find site errors or issues and understand the impact that transaction failures have on business processes and to improve the operation of the Site.
(d) Contests and promotions: You may choose to participate in the contests or promotions offered by Virgin Mobile intended to increase awareness of our products and services. When entering into certain contests or promotions, Virgin Mobile may request your permission use your personal information to contact you about products or services you may find of interest.
REGISTRATION, ACCOUNTS AND PASSWORDS
RESTRICTIONS ON USE OF MATERIALS
All Content accessible through this Site is protected by copyright. The Content is: Copyright © Virgin Mobile its affiliates and/or licensors. All rights reserved. Such Content is protected by Canadian and worldwide copyright laws and treaty provisions. Virgin Mobile grants you a limited non-exclusive, non-transferable license to use and display on your computer or other electronic access device, the Content for your own personal and non-commercial use only, provided that you do not modify the Content and that you maintain all copyright and other proprietary notices. Except as provided herein, you agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast or otherwise make available any of the Content obtained through the Site, including without limitation, by caching, framing or similar means, without the prior written consent of the respective copyright owner of such Content.
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, a division of Bell Mobility Inc. Soundbar, Studio V, and other names and logos are also trademarks and registered trademarks of Bell Mobility Inc. Any use of Bell Mobility Inc. or Virgin Enterprises Ltd. trademarks without prior written authorization is expressly prohibited.
Use of the Site
You are prohibited from:
(a) using, enabling, facilitating, or permitting the use of the Site for an illegal purpose, criminal or civil offence, intellectual property infringement, harassment (including disruptive, intimidating, annoying or offensive calls/transmissions), or in a manner that would breach any law, regulation or the policies of any Internet host, or cause interference with Virgin Mobile’s network operations (including preventing a fair and proportionate use by others);
(c) enabling, facilitating or permitting the transmission of unsolicited messages such as spamming or phishing;
(d) uploading or downloading, making available, transmitting, posting, publishing, disseminating, receiving, retrieving, storing, linking to or otherwise reproducing, offering, distributing, enabling or providing access to information, software, content, files or other material which: (i) is confidential or protected by copyright or other intellectual property rights without prior authorization of the rights holder(s); (ii) is defamatory, discriminatory, violent, obscene, child pornography or hate propaganda; (iii) constitutes invasion of privacy, impersonation, forging, appropriation of identity or unauthorized linking or framing; or (iv) is designed to assist users in defeating technological protection measures (like geoblocks, registration and any other anti-theft mechanisms) or in the fraudulent use of telecommunications or broadcasting services;
(e) using the Site for anything other than private, personal, family or household use (such as reselling, remarketing, transferring, sharing or receiving any charge or other benefit for the use of any Virgin Mobile product or service);
(f) adapting, reproducing, translating, modifying, decompiling, disassembling, reverse engineering or otherwise interfering with any software, applications or programs used in connection with the Site (whether owned by or used under licence to Virgin Mobile) for any purpose including “testing” or research purposes; or modifying, altering, or defacing any of the trade-marks, or other intellectual property made available through the Site or using any intellectual property except for the express purpose for which such intellectual property is made available to you through the Site;
(g) posting or transmitting any information or software containing a virus, “cancelbot”, “Trojan horse”, “worm” or other harmful or disruptive component or committing any act which may compromise the security of your Internet host in any way (including analyzing or penetrating a host’s security mechanisms); and
(h) using harassing or abusive language or actions, whether verbal, written or otherwise, directed at Virgin Mobile employees, suppliers, agents and representatives.
You are solely responsible for ensuring that your systems are able to use the Site and IT IS RECOMMENDED THAT YOU USE AND UPDATE COMMERCIAL ANTI-VIRUS, ANTI-SPYWARE AND FIREWALL SOFTWARE ON YOUR SYSTEMS THAT ACCESS THE SITE.
RESPONSIBILITY FOR MINORS
In cases where you have authorized a minor to use the Site, you recognize that you are fully responsible for: (a) the online conduct of such minor; (b) controlling the minor’s access to and use of the Site; and (c) the consequences of any misuse by the minor. You acknowledge that some of the areas of the Site may contain material that is inappropriate for minors.
FORUMS AND CONTENT SUBMISSIONS
Virgin Mobile is not responsible for any loss, damage, or corruption that may occur to your User Content and Virgin Mobile bears no responsibility for maintaining the accuracy or confidentiality of your User Content.
If you are a minor, you must have permission from your parent or guardian to upload any User Content to a Forum. Virgin Mobile may request a parent’s or guardian’s email address from anyone who uploads any User Content to a Forum for the purpose of verifying with the parent or guardian that he/she has in fact given permission for such uploading. In the event that User Content is uploaded without permission, any or all uploaded User Content may be removed immediately and without notice to you.
When participating in a Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. Virgin Mobile cannot be responsible for the content or accuracy of any information, and will not be responsible for any reliance or decisions made based on such information. When using a Forum, you may not post, transmit, link to, or otherwise distribute any information, materials or content that do not generally pertain to the designated topic or theme of the particular Forum. Use of a Forum for commercial purposes of any kind is strictly prohibited.
Virgin Mobile may at any time and without notice remove any User Content and may in its sole discretion refuse to delete any User Content.
SUBMISSION OF IDEAS AND/OR SUGGESTIONS
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT VIRGIN MOBILE MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS (AS USED IN THIS SECTION, “WARRANTIES”) OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND THAT ANY SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED, AND (B) VIRGIN MOBILE SPECIFICALLY MAKES NO WARRANTIES THAT THE VIRGIN MOBILE SITE, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF THE SITE, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH PRODUCT OR SERVICES OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. NOTHING IN THE CONTENT SHALL AMEND OR SUPPLEMENT ANY CONTRACT YOU MAY HAVE WITH VIRGIN MOBILE FOR ANY PRODUCTS OR SERVICES.
The Site may provide you with access to software Content ("Software"). Virgin Mobile reserves the right periodically to update or change the Software remotely or otherwise. You may use the Software only in connection with the Site and for no other purpose. The Software may be subject to an end user license agreement (“EULA”). Your use of the Software is subject to any such EULA and you agree to abide by the terms of such EULA in respect of your use of the Software. For Software not accompanied by a EULA, you are hereby granted a revocable, non-exclusive, non-transferable license by Virgin Mobile or its licensors to use the Software (and any corrections, updates and upgrades thereto) solely in connection with your use of the Site. You may not make any copies of the Software. You agree that the Software is confidential information of Virgin Mobile or its licensors and that you will not disclose or use the Software except as expressly permitted herein. You further agree that Virgin Mobile, including its suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, the Software, including the failure of the Software to meet your needs, standards, expectations or specifications.
CONTENT LINKED TO A VIRGIN MOBILE SITE
Please exercise discretion while browsing the Internet. Please note that certain links on the Site may take you to other websites. Virgin Mobile provides these links only as a convenience and not as an endorsement by Virgin Mobile. These linked sites are not necessarily under the control of Virgin Mobile. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. Virgin Mobile is not responsible for the content of any such linked sites or any other web page which is not part of the Site and under Virgin Mobile’s control. Unless otherwise expressly provided, Virgin Mobile makes no representation or warranty regarding, and does not endorse, any linked site or the information, products or services appearing thereon. Accordingly, you agree that Virgin Mobile will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any site linked from the Site.
INDEMNIFICATION AND LIMITATION OF LIABILITY
GOVERNING LAW/JURISDICTIONAL ISSUES
Some products and services referred to on the Site may not be available in all parts of Virgin Mobile's territory. Contact Virgin Mobile’s customer service department for information regarding the products and services which may be available to you in your area.
ARBITRATION AND ACTIONS