Premium Services Terms of Use

Purchase and use of any personalization, entertainment and other applications ("Premium Services") through your Virgin Mobile device is subject to Virgin Mobile's General Terms and Conditions of Service, Important Service and Product Terms, the Acceptable Use Policy, and these Premium Services Terms of Use. Premium Service purchases will be deducted from your Account. Prices are subject to applicable taxes.

For subscription Premium Services (which will be charged on a recurring basis), your subscription period begins when you purchase the Premium Services content, and you will automatically be charged each month until you unsubscribe. For Premium Services that are downloaded, you have a limited amount of time after purchase in which to download the Premium Service to your device (generally 90 days). Some Premium Services may allow you to purchase promotional credits allowing you to obtain content or other Premium Services at a discounted rate (“Credits”).  Credits are for use only with the Premium Service they are associated with and may not be transferred among different Premium Service offerings.  Credits are non-refundable and have no monetary value.

If your right to use Premium Services expires, or is suspended or canceled, you will not receive any refund for the remaining unused portion of the content or unused Credits. With respect to subscription Premium Services, 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 Premium Services charges should be addressed to Virgin Mobile Customer Service. 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.

Data charges may apply to download and use of Premium Services if your service does not include data services. You will not be able to separately identify the number of kilobytes attributable to your use of Premium Services or access to Premium specific sites, sessions or services. You will be charged for Premium Services at the rates and charges specified at the time of access or download, in addition to any data usage charges you may incur while connected to the Virgin Mobile network. You will be charged for partial and interrupted data downloads or other use, including data that is resent, and for unsuccessful attempts to reach websites and use other applications and services, including those resulting from dropped network connections. We may impose a monetary or other limit on the use of Premium Service charges that you will be allowed to incur in a specific timeframe (month, week, day or other time period). We may suspend your use of Premium Services without prior consent or notice if we have reason to suspect fraudulent or unauthorized use of your Premium Services account, but we make no assurances that we will suspend your account under these circumstances. Premium Services may be discontinued or canceled at any time, without notice. We may provide notice of discontinuation or cancellation of Premium Services to which you subscribe by either standard notification methods, text message or other electronic notification to your device. PREMIUM SERVICES ARE PROVIDED ON AN "AS IS" BASIS. VIRGIN MOBILE PROVIDES NO WARRANTIES AND MAKES NO REPRESENTATIONS OR CLAIMS OF ANY KIND, EXPRESS OR IMPLIED, WITH REGARD TO THE PREMIUM SERVICES. YOU AGREE THAT YOUR PURCHASE AND USE OF THE PREMIUM SERVICES IS AT YOUR SOLE RISK, AND VIRGIN MOBILE IS NOT LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE PURCHASE AND USE OF THE PREMIUM SERVICES, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

Product License Terms

This is a limited, non-exclusive, nontransferable license to use this content for personal use until it expires, subject to any restrictions provided with the product purchased and in the Premium Services Terms of Use. You agree not to sell, transfer, copy, publicly perform, create derivative works from or otherwise reproduce, modify or revise the content. The content provided is protected under applicable laws, including copyright laws.

The content on the service contains the intellectual property of third parties. The content is protected by law (including copyright law) and is solely for the end user's personal, non-commercial use. End User agrees to comply with all applicable laws (including copyright law), and may only make such copies as are reasonably necessary for such End User's personal and non-commercial use. Any other redistribution, reproduction, transmission, communication, sale, use (including, except in the case of ringtones, as a "ringer" for a phone), broadcast, public performance, rental or lending, adaptation, sub-license or other use of the content without the prior written consent of the copyright owner is prohibited. All rights not expressly granted herein are reserved by the applicable content owner. Licensors of third-party content are intended beneficiaries of this Agreement and shall have the right to enforce this Agreement against End User.