'Online Album' Terms & Conditions
Picture Messaging/Online Album Website Use Agreement April 1, 2008
Online Website is intended solely for users who are at least thirteen (13) years of age, with a parent or guardian's permission to register and use the website, or eighteen (18) years of age.
Children under the age of 13.
U.S. Cellular® does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you are under 13, please do not attempt to register for Online Photo Album or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to or on Online Website. In the event we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible.
By registering to use Online Website, a Password will be established for you. You are responsible for maintaining the privacy and confidentiality of that password. You are responsible for any and all activity on the Online Website performed using your password. You agree that you will notify U.S. Cellular if your password is stolen.
Online Website is available for your personal, non-commercial use only. You represent, warrant, and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Online Website will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You agree that you will not use Online Website to:
- Use Online Website in an unlawful manner or in any other manner that could damage, disable, overburden or impair the web site;
- Use Online Website for marketing, advertising, selling or any other commercial use.
- Upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive or privacy or publicity rights, hateful or racially, ethnically or otherwise objectionable;
- Upload, post, transmit, share, store or otherwise make available any private information of any third party, including addresses, phone numbers, email addresses, social security numbers, and credit card numbers;
- Upload, post, transmit, share, store or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- Upload, post, transmit, share, store or otherwise make available content that in the sole judgment of U.S. Cellular is objectionable or which restricts or inhibits any other person from using or enjoying Online Website, or which may expose U.S. Cellular or its users to any harm or liability of any type.
- Register for more than one user account, register for a user account on behalf of an individual other than yourself, or register for a user account on behalf of any group or entity.
- Impersonate a person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity.
You understand and agree that any and all content you store, transmit, display or access on Online Website is governed by all applicable laws (including without limitation copyright, obscenity, and child abuse/pornography laws). You understand and agree that any content you store, transmit, display or access is not proprietary information of anyone, including you, and that by storing, transmitting, displaying or allowing access to the content you waive any proprietary rights in such content and information. You represent and warrant that any content and information that you store, transmit, display or otherwise make available is owned by you, is accurate and does not violate the rights of any third party. You understand and agree that you might view content and information that you find offensive or objectionable. You understand and agree that U.S. Cellular does not control, is not responsible for and assumes no liability for any content stored, transmitted, or displayed by you or any third party, or for any mistakes, defamation, slander, libel, omissions, false statements, obscenity, pornography or any other content you may encounter through the use of Online Website. U.S. Cellular has no obligation to monitor Online Website for others' content but reserves the right at all times and without prior notice to review any and all content, to disclose content to satisfy any laws, regulations or government requests and to report any potential or actual violations of law to law enforcement authorities, to refuse to post or transmit files or content, to remove without notice content that is in U.S. Cellular's sole discretion, objectionable or in violation of this Agreement.
Picture Messaging Security/Sharing with Third Parties.
You understand and agree that unintended parties may receive content sent from Online Website. U.S. Cellular is not responsible for any content or information that is lost or otherwise misdirected. Your information and content may be intercepted by third parties without your or U.S. Cellular's knowledge or permission. U.S. Cellular is not responsible for content or information sent from Online Website.
You understand and agree that by inviting third parties to view content that you have stored on the Online Website or subscribe to your blog, you are choosing to make the content and information contained in the album publicly available. Your invitation may be forwarded to other third parties without your prior knowledge or consent. Please be cautious in choosing to whom you send invitations. If you become aware that someone has shared your album or blog information without your consent, you should immediately change the album/blog to "private" with that person. Doing so will disable access to your album via the link contained in your invitation.
Content Loss, Expiration or Account Inactivity.
U.S. Cellular is not responsible for the loss, deletion, destruction or modification of any photos, videos or content you upload, post, transmit, share, store or otherwise make available. U.S. Cellular reserves the right to remove content stored in your account on Online Website if you have not logged into Online Website in at least ninety (90) days. Once your stored content is deleted due to account inactivity it cannot be retrieved. You may create a new Online Website account to store your new content and information.
You are granted a limited non-transferable right to access Online Website for you personal and non-commercial use. You hereby grant U.S. Cellular a universal, non-exclusive right to copy, display, modify, transmit, make derivative works of and distribute any of your content for the purpose of providing the Service. As between U.S. Cellular and you, you own your content on the Online Website and U.S. Cellular owns all right, title and interest (including all intellectual property rights) in and to the Online Website and the technology, information, documents, files, web pages and other products developed in connection with the Online Website or available on the Online Website.
Reservation of Rights.
U S. Cellular reserves the right to take any action it deems necessary or reasonable, in its sole discretion and without notice, to ensure the continued use of Online Website by its users, including without limitation, your access to Online Website, changing your password, requesting information regarding your use of Online Website, or removing your entire account or any content.
No Warranties and Limitation of Liability.
The content and information contained on the Online Website, including any U.S. Cellular material, may include technical inaccuracies or typographical errors. U.S. Cellular may change, modify or update its content and information at any time without prior notice. YOU USE ONLINE WEBSITE AT YOUR OWN RISK. ALL CONTENT AND INFORMATION STORED, TRANSMITTED, DISPLAYED OR OTHERWISE MADE AVAILABLE IS "AS IS" AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF EXPECTATION OF PRIVACY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT OR TITLE. UNLESS OTHERWISE PROHIBITED BY LAW, IN NO EVENT SHALL U.S. CELLULAR OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL, EXEMPLARY OR PUNICTIVE DAMAGES, INCLUDING LOST PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF U.S. CELLUAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE ONLINE WEBSITE OR FOR ANY OF THE CONTENT OBTAINED THROUGH OR OTHERWISE IN CONNECTION WITH THE ONLINE WEBSITE. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR ANY OTHER THEORY OF LIABILITY.
You understand and agree to indemnify and hold U.S. Cellular, its parents, subsidiaries, affiliates, officers, licensors, contractors and users from and against all losses, damages and costs resulting from any violation of these terms and conditions by you or your violation of the rights of third parties.
Jurisdiction and Governing Law.
U.S. Cellular does not conduct business in states where it does not offer service as a wireless telecommunications carrier, and it does not agree to the jurisdiction of state courts in states in which it does not offer such wireless service. U.S. Cellular does not consent to the jurisdiction of such state courts merely by virtue of maintaining and operating including, but not limited to, this Online Website and providing other content and information on the World Wide Web. This Agreement is governed by and construed in accordance with the laws of Illinois, excluding any conflicts of law provisions.
Any controversy or claim arising out of or relating to this Agreement shall be resolved by binding arbitration at the request of either party. Each party bears its own costs and attorney's fees. U.S. Cellular will reimburse you for any reasonable filing or hearing fees to the extent they exceed what your court costs would have been if your claim had been resolved in a state court. The American Arbitration Association shall administer the arbitration, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. Both parties acknowledge that this Agreement is a transaction involving interstate commerce, and is therefore governed by the Federal Arbitration Act. By agreeing to arbitration, both parties are waiving their right to litigate in court including any right to a jury trial. The parties agree that all claims shall be treated individually and there shall be no consolidation of claims or class actions. For additional information on invoking arbitration and how the arbitration process works, you may call the American Arbitration Association at 800-778-7879.
Copyright Infringement and Repeater Infringer Policy.
U.S. Cellular respects the intellectual property rights of third parties and we prohibit you and other users of Online Website from uploading, posting, transmitting or otherwise making available on Online Website any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement as described in our Copyright Infringement Policy, we promptly remove or disable access to the allegedly infringing material in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws. U.S. Cellular also reserves the right, in our sole discretion, to terminate or suspend the user or account holder who is deemed to infringe third party's property rights, whether or not there is any repeat infringing. If you believe that any content, information and material on Online Website infringes upon any copyright which you own or control, please follow the instructions for contacting U.S. Cellular's designated Copyright Agent as set forth in U.S. Cellular's Copyright Policy.