CENTER OF PHONE ETIQUETTE

Terms of Use

Acceptance of Terms of Use

Virgin Mobile USA, L.P. ("Virgin Mobile" or "we," "us," "our") provides you with access to our website located at www.pleaseshutup.com subject to your acceptance of these Terms of Use and our Privacy Policy. By accessing and using our websites, you accept these Terms of Use, our Privacy Policy and any additional terms and conditions posted on those websites. Please note that these Terms of Use apply only to these websites, and not to other companies' or organizations' services or websites to which we may link, even if they market our products or use the Virgin Mobile name or logo.

We may also provide links to unaffiliated websites because we like you and want to make using our websites enjoyable. We do not endorse or make any representations about such unaffiliated websites, or any information or other products or materials found there, or any results that may be obtained from using them. If you decide to access any unaffiliated websites linked to this website, you do so entirely at your own risk. Virgin Mobile has no responsibility for the content of such other websites and shall not be liable for any damages or injuries arising from your visits there.

Intellectual Property - Copyright, Trademark and Disclaimer Notices

The contents of the Site, such as text, design, graphics, logos, trade dress, audio clips, video, The contents of our websites and associated services, including text, files, images, photos, video, sounds, musical works, design, graphics, logos, trade dress, audio clips, games, photographs, software, interfaces, code, or other works of authorship (the "Content") and their selection and arrangement is the property of Virgin Mobile and its business partners and others that have granted Virgin Mobile the right and license to use it, and is protected by copyright and trademark laws, or other proprietary rights. All trademarks, service marks and trade names used on our websites are proprietary to Virgin Mobile, its business partners, or others. The "Virgin" name and signature and the "Virgin Mobile" name and logo are registered trademarks of Virgin Enterprises Ltd. and used under license by Virgin Mobile.

You may download, print and store selected portions of the Content only for your own personal, non-commercial use. Virgin Mobile may terminate this authorization at any time in its sole discretion. Trademarks and Content on our websites may not be used except as provided in these Terms of Use or in the text of our websites, and no portion of the Content may be reprinted, republished, or distributed in any form without the express written permission of Virgin Mobile and/or its partners. You may not copy, reproduce, reverse engineer, decompile, transmit, sell, distribute, license or create derivative works of the Content, frame our websites or any portion thereof. You may not modify or alter the Content in any way, or delete or change any copyright or trademark notice.

User Content

You are solely responsible for your own content ("User Content") and the consequences of posting or publishing your User Content. For clarity, you shall retain all of your ownership rights in your User Content, excluding any material furnished by Virgin Mobile (including, without limitation, Virgin Mobile's names, trade names, trademarks, logos, advertising slogans, ideas, images, copyrighted expression or Virgin Mobile-provided Music), however, by submitting or providing a link to your User Content, you hereby grant Virgin Mobile a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in any media formats and through any media channels for editorial, commercial, promotional and all other purposes. In connection with your User Content, you affirm, represent, and/or warrant that (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Virgin Mobile to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all elements comprising the User Content to enable inclusion and use of the User Content in the manner contemplated by Virgin Mobile and these Terms of Use; (ii) you are the sole person featured in the User Content (iii) you are over the age of 18; and (iv) if you are under 21 years of age and reside in Mississippi or under 19 years of age and resides in Alabama or Nebraska you have the consent of their parent or legal guardian to submit the User Content. You waive any right to inspect or approve uses of the User Content or to be compensated for any such uses. with its contents.

In connection with User Content, you further agree that you will not: (i) submit material that is copyrighted, protected by trademark, trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Virgin Mobile all of the license rights granted herein; (ii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iii) post advertisements or solicitations of business; (iv) impersonate another person except as specifically approved by Virgin Mobile; and (vi) use music in the User Content. Virgin Mobile does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Virgin Mobile expressly disclaims any and all liability in connection with User Content. Virgin Mobile does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Virgin Mobile will remove any User Content if properly notified that such User Content infringes on another's intellectual property rights. Virgin Mobile reserves the right to remove User Contents without prior notice. Virgin Mobile also reserves the right to determine in its sole discretion whether a User Content is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length.

Content Guidelines

BY SUBMITTING YOUR USER CONTENT YOU ACKNOWLEDGE AND AGREE THAT YOUR USER CONTENT IS SUBMITTED IN COMPLIANCE WITH VIRGIN MOBILE'S TERMS OF USE.

In order for Virgin Mobile to accept your User Content and, in its discretion, post it on www.pleaseshutup.com, it must meet the following criteria:
• User Content must be deemed suitable by Virgin Mobile and must be in keeping with Virgin Mobile's image, as determined in Virgin Mobile's sole discretion, and must be your original work and may have not won any previous awards or competitions.
• Virgin Mobile cannot accept any User Content that include the following:
o Brand names/logos of any kind. Please be mindful of brand names on your clothing, or using products in your User Content that are licensed by a company.
o Nudity. Please cover anything that would normally be covered by a bathing suit.
o Profanity of any sort

Copyright Infringement

Virgin Mobile respects the intellectual property rights of others and requires those that visit our site and use our network to do the same. Virgin Mobile may, at its sole discretion, remove or disable access to material on its websites or its network that may infringe upon the copyright rights of others. Virgin Mobile also may, at its discretion, remove or disable links or references to an online location that contains potentially infringing material or infringing activity. In the event that any visitors to our websites or users of our network repeatedly infringe or otherwise violate others' copyrights, we may in our sole discretion block access by and/or terminate those individuals' rights to use our websites or network.

If you believe that your work has been used on our websites or network in any manner that constitutes copyright infringement, please notify one of Virgin Mobile's copyright agents (these are the lawyers in cheap suits) by written notice. Please note that under the relevant law, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. The notice should include the following information:
• An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
• Identification of the copyrighted work you claim has been infringed, or if there are multiple copyrighted works you claim have been infringed, a representative list of such works;
• Identification of the material you claim is infringing, and information reasonably sufficient to permit us to locate that material, including a copy of the material or the web page address where the material may be found;
• Your name, address, telephone number and email address so that we are able to contact you regarding your complaint;
• A statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner or the law; and
• A statement by you that the information in this notification is accurate and a statement, under penalty of perjury, that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner's behalf.

Virgin Mobile's copyright agent for notice of claims of copyright infringement can be reached at as follows:
By mail:

Copyright Agent
Virgin Mobile USA, L.P.
10 Independence Blvd.
Warren, New Jersey 07059

By email: copyright@virginmobileusa.com

By telephone: 908/607-4808

By facsimile: 908/607-4078

Acceptable and Lawful Use of Website

You agree to comply with all applicable laws regarding use of our websites and associated services. The Virgin Mobile message services available to our users are subject to the following guidelines. You may not Post any User Content that:
• is unlawful, libelous, defamatory, slanderous, obscene, profane, indecent, lewd, inflammatory, pornographic, harassing, threatening, abusive, harmful, violative of others' privacy rights, or otherwise objectionable;
• encourages or is in furtherance of an unlawful, criminal, or fraudulent activity or that violates any Virgin Mobile rule or policy;
• solicits any information from other users or involves any commercial activities, including advertisements;
• may infringe any patent, trademark, trade secret, copyright, or other intellectual property or other proprietary right of any person; or
• contains viruses, worms, time bombs, or any other similar programs that would interfere or disrupt our provision of the service.

You are solely responsible for the User Content you submit to us and Virgin Mobile assumes no liability for any User Content submitted by you. You further agree to not use our website or services to engage in disruptive or destructive acts, including "flaming", "spamming", "flooding", "trolling", and "griefing" as those terms are commonly understood and used on the Internet, or to attempt to gain unauthorized access to other computer systems or networks connected to our websites or services.

We reserve the right to report any activity that may violate the law to appropriate law enforcement officials, regulators or other third parties, and we may do so without prior notice to you. Virgin Mobile may also, in our sole discretion, remove or delete any User Content that you Post on our websites that violates these Terms of Use or is otherwise deemed objectionable by us in our sole discretion, or issue a warning, suspend or terminate your access to our websites or service for breach of these Terms of Use (or any other agreement or policy incorporated by reference), or for any other reason in our sole discretion.

You agree to provide true, accurate, current, and complete information about you as prompted during the registration process for any Virgin Mobile service, and to maintain and update this information to keep it accurate. You are responsible for maintaining the confidentiality of any account numbers and passwords assigned or selected by you, and you agree to be fully responsible for all activities that occur through anyone's use of your password or account numbers, whether or not authorized by you. You agree to notify Virgin Mobile immediately if you become aware of any unauthorized use of your password or account or any other breach of security related to our services.

You understand that by using our websites and services, you may be exposed to User Content that you may find offensive, indecent or objectionable. Virgin Mobile is not liable in any way to you for any such User Content, for any errors or omissions in any Content, or for any loss or damage of any kind.

No Warranties

Enjoy using our websites, but please understand that you assume total responsibility and risk when you use our websites and the Internet. Our websites and the Content and services made available on our websites are provided on an "as is" and "as available" basis. You understand that Virgin Mobile does not guarantee that anything on our websites will be free of infection or viruses that might damage or interfere with your computer, data or personal information. Virgin Mobile does not make and hereby disclaims any express or implied warranties, representations or endorsements whatsoever (including but not limited to, warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to our websites, their Content, any services provided through our websites or on the Internet. Some states may not permit the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

Limitation of Liability

Virgin Mobile and its business partners will not be liable to you for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind, including lost profits (regardless of whether we have been notified that such loss may occur) by reason of any act or omission in our provision of our websites, Content and services. Virgin Mobile assumes no risk or responsibility for your use of any of the content provided on our websites. If you are dissatisfied with our websites or any Content on our websites, or with these terms and conditions, your sole remedy is to stop using our websites.

Indemnification

You agree to indemnify and hold harmless Virgin Mobile and its affiliates and their respective officers, agents, partners and employees, from any and all liabilities, settlements, penalties, claims, causes of action and demands brought by third parties (including the costs, expenses and attorney's fees on account thereof) due to or arising out of your use of our websites in violation of this Agreement or if any of your Content that you Post on or transmit through our websites causes Virgin Mobile to be liable to any other person or entity, whether based in contract or tort (including strict liability) and regardless of the form of action. This indemnification obligation will survive these Terms of Use and your use of our websites.

Entire Agreement, Updates and Modifications

These Terms of Use and any linked or referenced policies constitute the entire agreement between Virgin Mobile and you pertaining to your use of our websites. Virgin Mobile may, from time to time, make changes to these Terms of Use based on your comments and our need to accurately reflect our legal obligations and our practices. If we make any substantial changes, we will notify you by posting a prominent announcement on our websites. By continuing to use our websites and services, you agree to be bound by the latest version of these Terms of Use, which may be viewed anytime by clicking on the "Terms of Use" link at the foot of the Please Shut Up website.

Governing Law

You agree that your use of this website and any disputes relating thereto shall be governed in all respects by the laws of the State of New York. Any dispute relating to this Agreement shall be resolved solely in the state or federal courts located in Manhattan, New York.

NO, YOU SHUT UP