Hi You

• Sign In
• Help

The following terms and conditions ("Terms of Use") set forth the agreement between Virgin Mobile USA, LLC and its subsidiaries, affiliates, officers, agents, partners, employees and licensors (collectively "VMU") on the one hand and you regarding your use of StudioV (the "Service"), which is accessible through the website http://studiov.virginmobileusa.com (the "Site"). Please read these Terms of Use carefully. By clicking the "I ACCEPT" checkbox at the end of these Terms of Use, you represent and warrant to VMU that you are at least 18 years of age and that you agree to be legally bound by the terms of this Agreement. Notwithstanding the foregoing, if you are between the ages of 14 and 18, VMU will allow you to make submissions to and use the Service in accordance with these Terms of Use only if your parent or legal guardian has provided his/her written consent to your activities on and through the Service and further agrees that you and he/she will be legally bound by these Terms of Use. VMU reserves the right to refuse access to the Service to, or to refuse registration or cancel the registration of, any user who does not meet these requirements. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT REGISTER TO USE THE SERVICE. VMU, at any time and from time to time, may modify these Terms of Use, and all such modifications will be effective upon posting to this Site. By continuing to maintain your Service account and ability to use the Service after VMU has posted any such modifications, you agree to be bound by the modifications. Please review these Terms of Use regularly so that you are aware of any such modifications. If any modification is not acceptable to you, you may cancel your Service account with VMU.

1. Service Overview

If you register to use the Service, you are assuming one or both of the following roles:

1. Content Creator. As a Content Creator, you can create your own ringtones ("Ringtones"), and wallpaper and other graphics (collectively, "Graphic Content"), using software tools and Ringtones and Graphic Content owned and/or licensed by VMU, and/or Graphic Content owned and provided by you.
2. Content Consumer. As a Content Consumer you can preview and/or purchase Ringtones and Graphic Content created by Content Creators which may become available from time to time.

2. Registration

In order to become a Content Creator, a Content Consumer, or otherwise use the Service, you must register online with VMU and create an account. As part of the registration process, you will be required to provide your Virgin mobile telephone number. Only current VMU customers who are in good standing may register to use, and use, the Service. In establishing your account, you agree to: (a) provide true, accurate and complete information about yourself as prompted by the account registration form ("Registration Data"); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that the Registration Data is untrue, inaccurate or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service. You are solely responsible for maintaining the confidentiality of your Registration Data, including your password, and for any and all activity that occurs under your account. You agree to notify VMU immediately of any unauthorized use of your account or password, or any other breach of security. VMU will not be liable for any loss that you may incur as a result of someone else using your Registration Data or accessing your Service account, either with or without your knowledge. However, you may be held liable for losses incurred by VMU or any other user of the Service due to someone else using your Registration Data or accessing your Service account.

You acknowledge and agree that we may send you important information and notices regarding your account, these Terms of Use and/or the Service by email, text messaging or other means based on the information you provide to us. You further acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate Registration Data, including, but not limited to, your failure to receive critical information about the Service. Any information you provide to us is subject to our Privacy Policy located at http://web.virginmobileusa.com/about/privacy

3. Fees

If another Content Consumer downloads any Ringtones or Graphic Content you create and save to the Service, Ten Cents ($0.10) per download will be added to your Virgin mobile telephone account balance within 24 hours. VMU may at any time, and in its sole discretion, change the timing of such payments, and may also change such compensation amount or withhold compensation to you if VMU learns or suspects you are interfering in any way with the Service and/or are in violation of these Terms of Use.

You, not VMU, are solely responsible for making sure that you report any income and pay any income or other taxes, royalties, or any other fees that you may incur as a result of compensation received by you through the Service.

4. Grant of Rights

You agree that by (a) uploading and/or submitting Graphic Content to the Service; and/or (b) creating any Ringtones and/or Graphic Content through the Service and saving them to the Service (collectively "Modified Content", and together with Graphic Content uploaded by you to the Service, "Your Content"), you hereby grant to VMU an unrestricted, non-exclusive, sublicensable right and license to use, modify and adapt (solely to permit VMU to conform Your Content to technical requirements, if necessary), store, index, cache, display, sell, produce, reproduce, perform, publish, republish, distribute, excerpt, in any manner, and in any form, medium or technology whether currently existing or hereafter developed, without payment or any other compensation to you, except as set forth in the Fees section above, any of Your Content, in whole or in part. You acknowledge and agree that the foregoing license includes the right of any Content Consumer to view and use Your Content as permitted by these Terms of Use. You further acknowledge and agree that Your Content, once downloaded by another Content Consumer, may be used by that Content Consumer and be forwarded to third parties by such Content Consumer without restriction and without further payment to you.

5. Technical Specifications

In order to submit any Graphic Content to the Service and/or save any of Your Content to the Service, you must comply with the technical specifications and delivery instructions provided by VMU, which can be found on the Graphic Content upload page of the Site.

6. No Infringing Activities or Content

VMU does not permit copyright infringing activities and infringement of intellectual property rights on or through the Service, and VMU will remove any of Your Content if properly notified that such Content infringes on another's intellectual property rights in accordance with the infringement claim notice terms below. VMU has the right to terminate your use of the Service, or any portion thereof, with or without notice, in its sole discretion, for any reason or no reason at all, including, but not limited to, if VMU determines (in its sole discretion) that your use of or conduct on or related to the Service (i) violates these Terms of Use or the Privacy Policy; (ii) is harmful to VMU, another user of the Service, or any other party; or (iii) violates applicable law. VMU will also terminate your access to the Service if you are determined to be a repeat infringer. A repeat infringer is one who has been notified of infringing activity more than twice and/or has had content removed from the Service more than twice. VMU reserves the right, but is not obligated to, monitor any or all submissions, activity or information exchange occurring on or through Service, including but not limited to monitoring to determine compliance with these Terms of Use. VMU does not guarantee that Your Content will be published, or made available for public consumption through the Service. Notwithstanding any other provision hereof, VMU reserves the right, in its absolute discretion, to accept or reject or remove any of Your Content for any reason whatsoever, including, without limitation, (a) Your Content does not satisfy the technical and delivery instructions; or (b) VMU reasonably believes Your Content infringes on the copyright or other intellectual property or personal right of any third party, or otherwise violates any applicable laws, or could otherwise subject VMU, the Service, or any other user of the Service, to liability.

Without limiting the foregoing, you understand, acknowledge and agree that none of Your Content may contain:

1. any vulgar, tasteless, profane, obscene, racist, abusive, malicious or derogatory material;
2. any depictions of violence or any other illegal activity;
3. material which is defamatory, libelous or slanderous, or which might embarrass someone or invade their right to publicity;
4. any elements that are protected by copyright owned by a third party, without the written permission of the copyright owner;
5. any trademarks owned by a third party, without the written permission of the trademark owner;
6. any material that advertises or promotes your services or services of a third party;
7. any images of celebrities or public figures, unless you have their written permission;
   or
8. any look-alikes of celebrities or public figures.

7. Release

You are solely responsible for all Graphic Content you transmit or submit to the Service, whether created by or for you, through the Service. Concurrently with each Graphic Content submission, you will be required to submit all appropriate releases and other documentation confirming that you either own or have the right to use, and have the right to grant to others the right to use, the Graphic Content (including, without limitation, all photographs, images, animation, artwork, names, text and data contained therein) in perpetuity, throughout the world, and in any and all media now known or hereafter developed. On the Graphic Option Upload Screen, you select a checkbox that indicates your acceptance of this release prior to the upload and submission of any Graphic Content to the Service. VMU disclaims all liability relating to the Graphic Content you submit to the Service. In addition, you hereby understand, acknowledge and agree that you may not upload, or use automated devices including, without limitation, bots, to post, publish or transmit any Graphic Content that is unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, or otherwise objectionable, including, without limitation, any Graphic Content that would constitute illegal activity, give rise to civil liability, or otherwise violate any local, state, national or foreign law.

8. Warranties and Representations

You warrant and represent that: (a) you own and control the full copyright in and to any of the Graphic Content that you submit to the Service and you have the full right to submit such Graphic Content to the Service; (b) the Graphic Content you submit will not infringe the rights of others; (c) you have the prior express written consent of all those persons who appear in any Graphic Content that you submit and/or upload to the Service to the posting of such Graphic Content through the Service and the use of such Graphic Content in accordance with the these Terms of Use; (d) all Graphic Content submitted by you is and shall be free and clear of all liens and encumbrances, and there are and shall be no claims, demands or actions pending, threatened or asserted against or otherwise involving such Graphic Content or the images embodied therein; and (e) none of Your Content, or any portion thereof, is libelous, slanderous, obscene, pornographic or defamatory, and will not, when exploited pursuant to the terms of this Agreement, violate, infringe upon, or give rise to any adverse claim with respect to, any common-law or other right, including, without limitation, any copyright, trademark, service mark, literary or dramatic right, right of privacy or publicity or contract right and/or personal right of any person, firm or corporation, or violate any law.

You further warrant and represent that you will not: (i) use the Service or any content, products or services included on or available through the Service, for any unlawful purpose; (ii) restrict or inhibit any other user from using and enjoying the Service or Your Content that you make available for use and download by Content Consumers, including by means of disrupting the normal flow of dialogue, causing a screen to "scroll" faster than other users of the Service are able to type, hacking or defacing any portion of the Service, introducing any virus, worm, Trojan Horse, Easter Egg, time bomb, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or otherwise acting in a manner that negatively affects other users' ability to engage in real time exchanges; (iii) impersonate any other person or entity, or misrepresent your affiliation with any other person or entity; or (iv) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Site, the Service or any of Your Content (or content of any other party) on the Service.

9. Indemnity

You agree to defend, indemnify and hold harmless VMU and its officers, directors, shareholders, agents ad representatives, at your expense, from and against any and all third party claims or demands, actions, proceedings and suits and all related liabilities, damages, settlements, penalties, fines, losses, costs and expenses, including without limitation, all reasonable legal fees and other such expenses) due to or arising out of (a) your use or misuse of and access to the Service, (b) any inaccuracies or falsehoods in, and/or reliance on, your Registration Data and/or Your Content; (c) your breach of any warranties, representations and agreements set forth in these Terms of Use, and any other violation of these Terms of Use, (d) your violation of any right of another, including, without limitation, any intellectual property or privacy right, or (e) the use by a third party of any of Your Content.

10. Disclaimer of Warranties / Limited Liability

THE SERVICE, THE SITE, AND ALL INFORMATION, PRODUCTS AND CONTENT (INCLUDING BUT NOT LIMITED TO THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE THROUGH THE SERVICE OR SITE, ARE PROVIDED "AS IS" AND "AS AVAILABLE". YOU AGREE THAT YOUR USE OF THE SERVICE AND THE SITE AND ANY CONTENT PURCHASED THROUGH THE SERVICE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, VMU AND ITS SUBSIDIARIES, PARTNERS, VENDORS, AGENTS, AFFILIATES, LICENSORS, LICENSEES, SPONSORS AND ADVERTISERS EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WE MAKE NO WARRANTY: (I) THAT USE OF THE SERVICE OR ANY CONTENT OR MATERIALS ON OR IN THE SERVICE (INCLUDING ANY SOFTWARE) WILL BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE OR ERROR FREE; (II) THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (III) THAT ANY ERRORS ON THE SERVICE WILL BE CORRECTED; (IV) THAT THE SERVERS ON WHICH THE SERVICE, CONTENT AND MATERIALS ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) THAT YOUR CONTENT WILL BE POSTED AND/OR MADE AVAILABLE TO CONTENT CONSUMERS, OR RESULT IN ANY COMPENSATION TO YOU.

NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT OR RULE OF LAW OR STATUTORY PROVISION OR OTHERWISE, VMU SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, EVEN IF VMU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM (A) YOUR USE OF OR INABILITY TO USE THE SERVICE, OR (II) CONTENT OR MATERIAL INCLUDED ON OR AVAILABLE THROUGH THE SERVICE. ANY OPINIONS OR STATEMENTS, CONTENT OR OTHER MATERIAL EXPRESSED, TRANSMITTED, OR POSTED ON OR THROUGH THIS SERVICE BY CONTENT CREATORS ARE THOSE OF SUCH PARTIES, AND VMU DOES NOT ENDORSE ANY SUCH OPINION, STATEMENT, CONTENT, OR OTHER MATERIAL. Some jurisdictions do not permit the exclusion of certain warranties or the limitation or exclusion of liability. Therefore, the above disclaimer of warranties and/or limitation of liability may not apply to you in its entirety.

11. Termination

VMU may terminate these Terms of Use, or cancel your Service account and/or your use of the Service, at any time without prior notice, for any or no reason, and without prejudice to any rights that VMU may have accrued up to the date of termination. You may terminate your Service account at any time. Upon termination of these Terms of Use and/or your Service account, your right to use the Service and to receive compensation in connection with any of Your Content will automatically terminate. Notwithstanding the foregoing, in the event of the termination of these Terms of Use and/or your Service account, you hereby irrevocably assign to VMU all right, title and interest in and to all of your Modified Content that was created through your use of the Service, and you acknowledge and agree that thereafter, any and all of such Modified Content may be used or deleted by VMU without compensation or credit to you. Following the termination of these Terms of Use, your account, or your right to use the Service, VMU shall not be obligated to return any Graphic Content uploaded by you to the Service. Upon termination of these Terms of Use, the rights and obligations contained in sections 4, 7, 8, 9, 10, 11 and 14 shall survive.

12. Privacy

You will be subject to, and be bound by, the Privacy Policy on this Site and located at http://web.virginmobileusa.com/about/privacy. In the event of any conflict between these Terms of Use and the Privacy Policy, these Terms of Use shall control to the extent of the conflict.

13. Notice and Procedure for Making Claims of Copyright Infringement

VMU will cooperate with any law enforcement authorities and comply with any judicial order requesting or directing us to disclose the identity of anyone uploading, downloading, or otherwise using the Service in violation of any applicable foreign, federal, state, or local laws. If you believe your work has been copied in any way without your permission, please provide notice to VMU's Agent to Receive Notification of Claimed Copyright Infringement identified below. Your notice must include the following information:

1. a digital, or physical signature of the person authorized to act on behalf of the owner of the copyright you claim has been infringed;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of the work you claim infringes the copyrighted work, and where it is located on the Site, including a link to the work where applicable;
4. your legal mailing address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

VMU's Agent to Receive Notification of Claimed Copyright Infringement can be reached as follows:

By mail:
Virgin Mobile Copyright Agent
c/o 9 Track Mind Inc.
1 Atlantic Avenue, Suite 107
Toronto, Ontario, M6K 3E7 Canada
By fax: (416) 533-3480 (to the attention of the Copyright Agent)
By email: copyright@9TrackMind.com (Use the Subject "Copyright Issue")

14. General Terms

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York. You agree to submit to the exclusive jurisdiction of the courts located within New York County, New York. These Terms of Use represent the entire agreement between VMU and you regarding your use of the Service. and supersedes any other agreement, promise, or practice between the parties relating to your use of the Service. To the extent of any conflict between these Terms of Use and any agreement, promise or practice between you and VMU, these Terms of Use shall control. You shall not have, nor claim, any right, title or interest in or to the Site or the Service or any elements thereof (including, without limitation, any software, source codes, modifications, updates and enhancements thereof or other aspect thereof), the names Virgin Mobile USA, 9 Track Mind, StudioV, or any derivatives thereof, or any other trademarks and logos owned or controlled by VMU and made available through the Site or Service or otherwise. VMU reserves the right to terminate your access to and ability to use the Service (or any portion thereof), at any time (with or without notice).

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by VMU without restriction. These Terms of Use shall be binding upon and inure to the benefit of the parties hereto and the parties permitted successors and assigns. Should any term, condition, clause or element of these Terms of Use be declared to be invalid and/or unenforceable by a court of competent jurisdiction, in whole or in part, such term, condition, clause or element shall be severed from these Terms of Use and all other terms, conditions, clauses and elements shall remain in full force and effect. No waiver by either party of any right hereunder shall constitute a waiver of this or any other right. Nothing herein contained shall be construed to constitute a partnership or joint venture between you and VMU.

	If you think you’re sharing an image that is inappropriate, then it probably is inappropriate so it will be declined by our content reviewers. Anything vulgar, tasteless, profane, obscene, racist, abusive, malicious, derogatory, depicts violence or illegal activity would be inappropriate.
	Don’t post a photo of someone that would embarrass them. You wouldn’t want someone to post an embarrassing photo of you.
	Don’t post an image that has a trademark owned by someone else. A trademark is like the Nike Logo, or a logo that someone else owns.
	Don’t use Studio V to promote your own services or someone else’s services.
	Don’t post images of celebrities, or celebrity look-a-likes.
	Don't share images you didn't actually create but grabbed from the Internet. We for watch this stuff and eventually it will be removed as may all of your other images!
	Taking an image created by someone else and adding your own special effects to it, doesn't mean you created the image.
	If you see images posted at Studio V that you think you've seen somewhere else online, or a user is not playing fair, please use the Report Abuse tool. Make sure to provide us a link, if you’ve seen a photo, or design before and if you want us to investigate. Don’t feel bad about reporting something either. Someone may be taking away a ton of earnings that would otherwise go to you for something you actually created.
	Please don’t harass people and abuse the comments and tags. We’re putting ourselves out there for the world to see and if you have something bad to say, better not to say anything at all.
	Be original and be creative. Don't hesitate to express yourself. If you’re super creative, you may never have to pay your phone bill again and you may meet new people too who like that you’re creative.