FamilyWall for Sprint

Terms of Service

Terms of Service

Effective August 29, 2014

TERMS OF SERVICE

FamilyWall for Sprint is a social media application that allows FamilyWall for Sprint users to communicate, organize, share, remember and even locate other FamilyWall for Sprint users in a social sharing space. (the “Application”) The Application can be accessed from your mobile device using the Application or from the web.

By using the Application, you agree that you are bound by these FamilyWall for Sprint Terms of Service, as well as Sprint’s Acceptable Use Policy, General Terms and Conditions of Service (“Ts&Cs”) and any application or payment specific terms of service (collectively, the “Agreement”). Do not use this Application if you do not accept this Agreement. These Terms of Service are available at http://familywall.sprint.com/terms.html and Sprint’s Acceptable Use Policy and Ts&Cs are available at www.sprint.com/termsandconditions. Please read them carefully. For interpretation of the Agreement, FamilyWall for Sprint is included in the definition of Services in the Ts&Cs.

THE AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT DISALLOWS CLASS ACTIONS, A CLASS ACTION WAIVER PROVISION, AND A JURY WAIVER PROVISION. PLEASE SEE THE TS&CS FOR MORE INFORMATION.

Sprint reserves the right to change the Agreement from time to time. You are responsible for regularly reviewing the Agreement. Your continued use of this Application after any modification of the Agreement constitutes your affirmative acceptance of the modified Agreement.

PRIVACY

Please review our privacy policy at http://www.sprint.com/legal/privacy.html as well as the application-specific privacy policy at http://familywall.sprint.com/privacy.html, which also govern your use of the Application, to understand our practices concerning the collection, use and disclosure of information about you.

USE OF APPLICATION

You must be at least 13 years of age to use the Application and a Sprint IL (individual liable) consumer to start a Family Wall. You agree to use the Application only for purposes that are permitted by (a) the Agreement and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree to comply with all applicable export controls and regulations with regard to the Application. By using the Application, you represent and warrant that you are not prohibited from receiving exports or services under US or other applicable export laws. You agree to comply with all local laws and regulations regarding the download, installation and/or use of the Application. In order to access certain services in the Application, you may be required to provide information about yourself. You agree that any such information you provide to Sprint will always be accurate, correct and up to date. You may not post any content or take action that violates someone else’s rights (including without limitation any intellectual property rights).

You may not upload or distribute viruses or other malicious code to the Application or attempt to obtain log-in information or otherwise access an account that does not belong to you. You may not collect user content or information available from the Application.

You agree that Sprint is not responsible or liable for any content accessed, or harmed caused, from the Application or third-party websites. You agree that you are solely responsible for (and that Sprint has no responsibility to you or to any third party for) your use of the Application and any breach of your obligations under the Agreement. Data and other usage charges may apply to your use of the Application.

You acknowledge that the Application may communicate with Sprint servers (including third party servers) from time to time to check for updates to the Application, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). By installing the Application, you agree to such automatically requested and received Updates.

You agree that Sprint may stop (permanently or temporarily) providing the Application (or any features within the Application) to you or to users generally at Sprint’s sole discretion, without prior notice to you. You agree that if Sprint disables access to the Application, you may be prevented from accessing the Application, content or information posted to a Family Wall or certain features of the Application. If you terminate Family Wall or Sprint discontinues offering the Application to you, any content or information posted to the Family Wall will not be available to you and may be deleted.

You will not do anything that impact the proper working or appearance of the Application, including without limitation, distributing, publishing or sending: (1) any spam, including any unsolicited advertisements, solicitations, commercial messages, informational announcements, or promotional messages of any kind; (2) chain mail; (3) numerous copies of the same or substantially similar messages; (4) empty messages; (5) messages that contain no substantive content; (6) very large messages or files that disrupt a server, account, newsgroup, or chat service; or (7) any message that is categorized as "phishing."

You will not use the Application to post threatening, hateful or harassing messages. The Application may not be used to bully or intimidate any user or to post pornographic or violent content.

Sprint reserves the right to remove any content or information it deems to violate this “Use of Application” section.

SUBSCRIPTIONS

For subscription premium services (which are charged on a recurring basis), your subscription period begins when you purchase the premium services content, and you will automatically be charged monthly until you unsubscribe. Prices are subject to applicable taxes. Premium service purchases may be billed using your Google Play Store or iTunes account. You are responsible for all Applications purchased from your device, whether made by you or someone else.

A Family Wall member upgrading to premium service for a Family Wall allows all Family Wall members to post content and enjoy the additional features provided by the premium service. Only the Family Wall member electing to upgrade will be billed for the service, though.

Premium services will renew on a monthly basis and you will be billed for premium services until cancelled.  Premium services may be cancelled at any time by going to your menu within the Application, select the Premium (or Family Wall Premium) tab and then select the Family Wall for which you want to cancel premium services.  You will then be directed to your applicable iTunes or Google Play account where you must then cancel the auto-renewal account setting.  Premium services will be available through the remainder of the current billing cycle.  Any other Family Wall member may then purchase premium services and all Family Wall members will again be able to enjoy the benefits of the premium services.

If premium services are terminated and the amount of content posted to the applicable Family Wall exceeds the threshold of the then current plan, previously posted content will be accessible, but no Family Wall member will be able to add to or modify content on the Family Wall. If the amount of content on a Family Wall exceeds the thresholds for the applicable plan for more than six months, Sprint reserves the right to begin deleting content until the applicable threshold is met.

If your right to use premium services expires, or is suspended or cancelled, you will not receive any refund for the remaining unused portion of the content. With respect to subscriptions, you will not receive any refund for the remaining monthly subscription period, but will not be charged for future monthly subscription periods. Questions and complaints about charges should be addressed to Google Play or iTunes as applicable. You agree that communications regarding your use of premium services may be made electronically, including notices related to your use of the services and authorization to be invoiced for non-telecommunications charges on your bill.

INTELLECTUAL PROPERTY RIGHTS

The Application, and all content included on or within the Application, such as the user interface, the compilation of the content and arrangement of the website, and all text, graphics, pictures, sound, video, data, applications and other content (collectively, "Content"), is the property of Sprint or its content suppliers and is protected by United States copyright and other intellectual property laws and by international treaties. You acknowledge these rights and will not take any action to jeopardize, limit, or interfere with Sprint’s or its content suppliers’ rights to the Content. Reproduction or redistribution of Content except as expressly permitted by the Agreement is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law.

Sprint, the Sprint logo and associated trade dress are trademarks of Sprint. The trademarks and trade dress of Sprint may not be used without the prior written permission of Sprint. All other brand names, product names, service marks, logos or trademarks are the property of their respective owners, and may not be used without the owner's prior written consent.

Sprint grants you a personal and limited revocable, non-exclusive, non-transferable license to access and make personal use of this Application. You may not download, reverse engineer, decompile, disassemble, or modify it, or any portion of it, except with express written consent of Sprint. This license does not include the right to resell or make any commercial use of this Application or any Content; collect or use any product listings, offers, descriptions, or prices; make any derivative work from this website or Content; download or copy account information for the benefit of another merchant; or use any data mining, robots, or similar data gathering and extraction tools. Neither this Application nor any portion of this Application may be copied, sold, resold or otherwise exploited for any commercial purpose without express written consent of Sprint. You may not link, frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Application without the prior written consent of Sprint. You may not use any Meta tags or any other "hidden text" utilizing the Sprint name or trademarks without the prior written consent of Sprint. Your unauthorized use of this Application will immediately terminate the limited license granted by Sprint.

UNSOLICITED SUBMISSION OF IDEAS

Although Sprint welcomes questions or feedback about your use of our Applications and Sprint's services and products, Sprint does not accept, invite, or consider under any circumstances unsolicited submissions of ideas, creative suggestions, or proposals ("Ideas") relating to its business, including Ideas for services, products, technologies, processes, materials, product names, advertising campaigns, promotions, or marketing plans. This policy is intended to avoid disputes in the event that Sprint's products or marketing strategies seem similar to ideas submitted to Sprint or its employees. Therefore, unless otherwise explicitly stated by Sprint, all ideas and intellectual property included in any unsolicited submission of Ideas will automatically be treated as non-confidential and as the sole property of Sprint, without any compensation whatsoever to you. Sprint will have no obligations to you with respect to such Ideas and has the right to destroy submissions of Ideas upon receipt.

DISCLAIMER OF WARRANTIES

SPRINT EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

THE APPLICATION IS PROVIDED BY SPRINT ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK. SPRINT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APPLICATION OR THE CONTENT OR PRODUCTS INCLUDED ON THE APPLICATION. SPRINT DOES NOT WARRANT THAT THE APPLICATOIN, ITS SERVERS, OR E-MAIL SENT FROM SPRINT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SPRINT DOES NOT WARRANT THAT THE APPLICATION, ITS FUNCTIONS, OR CONTENT WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.

LIMITATION OF LIABILITY

SPRINT WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE APPLICATION, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR RELATED TO PROVIDING OR FAILING TO PROVIDE SERVICES IN CONNECTION WITH THE APPLICATION, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF BUSINESS, OR COST OF REPLACEMENT PRODUCTS AND SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

NO ACTION MAY BE BROUGHT FOR ANY BREACH OF THIS AGREEMENT OR RELATING TO ANY APPLICATION OR ANY PRODUCT OR SERVICE MORE THAN ONE YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION.