PhoneImage

Welcome to PhoneImage

PhoneImage is an Internet location dedicated to distributing background pictures for high-end color mobile phones. PhoneImage enables individuals to download and share personal photos to their phones, as well as download phone wallpapers, phone screensavers and greetings.

Please Read These Terms and Conditions Before You Visit the PhoneImage Site. You Must Comply With Them to Use the PhoneImage Site or any PhoneImage Services.

Terms and Conditions

Before you enter the PhoneImage site (the "Site"), or use any PhoneImage products or services, it is important that you carefully review the Terms and Conditions of usage set forth below. The Terms and Conditions may be updated or changed from time to time and you should check this page periodically.

By entering and using the Site, you accept these Terms and Conditions and agree to be legally bound and subject to them. Acceptance of the Terms and Conditions creates a binding legal agreement between you and PhoneImage that you will comply with the Terms and Conditions and use the Site only in a manner that is consistent with these Terms and Conditions. Your use of the Site is conditioned on these Terms and Conditions and your compliance with them. If you do not agree to the Terms and Conditions, do not access the Site or use any of its products or services.

1. Who Can Be a PhoneImage Member?

PhoneImage Membership is available to anyone who is of the age required in your country to make a legal agreement or older, usually 18 or 21, and who registers all required information (including an accurate, legitimate mobile phone number) and obtains a unique PhoneImage Member Password. Persons under the required age cannot become a member unless they provide PhoneImage with evidence of their parent’s or guardian’s express consent to obtain PhoneImage Membership.

2. Can I Have More Than One Membership?

Each Member is allowed to have only one PhoneImage Membership and the privileges associated with Membership. PhoneImage allows only one member per registered legitimate phone number. Membership is for personal use only and is non-transferable. PhoneImage can currently not transfer memberships between phone numbers, if the person changes phone number. PhoneImage may in the future add the service to transfer memberships between phone numbers, but then only for users who can securely prove simultaneous access to both phone numbers.

3 . What Happens if I Violate These Terms and Conditions?

Members who violate the Terms and Conditions may have their membership terminated, revoked, services cancelled and their pages and materials, or portions thereof, suspended, deleted or removed without warning. PhoneImage will not return removed materials to a member. PhoneImage is not responsible for any loss of data resulting from removal of member material.

4. Failure to use purchased services due to technical problems

PhoneImage offers a Testing possibility for users to verify the initial technical compatibility between PhoneImage pictures, delivery method, and the user’s equipment, subscription and operator. You can use the Testing possibility free of charge from PhoneImage without purchasing any pictures, in order to test compatibility. Note that your GSM/GPRS operator may charge you for the data traffic, per time unit or per kB depending on your mobile subscription.

You are required to test compatibility before buying, otherwise PhoneImage will not refund the payment if due to problems with end user equipment or mobile operator service (both of which are outside PhoneImage control).

PhoneImage can not guarantee that a purchased service can be used with your device, operator and subscription. You agree that it is your responsibility to verify compatibility before purchasing any product or service.

Dynamic changes may take place which prevents successful delivery of a picture from PhoneImage site to the user’s equipment, including but not limited to, changed software revision of the mobile phone, SMS delivery failures, absence of GPRS roaming, picture format conflicts, changed settings of the mobile phone, changed policy of your GSM/GPRS mobile operator or corresponding, terminated WAP Gateway operation, changed software revision of the PhoneImage site platform. Therefore you agree that you must verify compatibility before each purchase.

6. Purchasing PhoneImage Pictures as a Gift

If purchasing PhoneImage series as a gift to someone else than yourself, you must have verified with the receiver, that the person wants the service, content and pictures in question.

You acknowledge that nothing will be refunded, if the receiver can not download the pictures received, due to problems with compatibility or for other reasons, or if the receiver does not want the pictures.

7. Receiving PhoneImage as a Gift unsolicited

PhoneImage takes measures to give the receiver of a picture the option to decline reception.

PhoneImage sends out SMS with WAP Push Service Indication, which according to the WAP Forum/OMA Standards should enable the end-user with a WAP 1.2.1 capable phone the choose whether to go to the URL or not, to give users the choice to immediately decline a picture notification with no charges for the GPRS data traffic. However PhoneImage is not responsible for that the phone implementation complies with the WAP specifications or that the user has a WAP 1.2.1 capable phone, or that the receiving mobile operator does not take out any charge for the SMS delivery.

If the receiver would accept the WAP push, a small WAP page will be downloaded. But before any pictures are downloaded, the receiver must, as a second confirmation, click the Picture name in the WAP browser window to actually download the picture. If not clicking the picture name, no picture will be downloaded.

8. Network Operator Charges are NOT Included in PhoneImage Price

Apart from the charges made to PhoneImage, the receiver of the pictures must pay the mobile operator (such as GSM/GPRS operator or other mobile system operator) when using the PhoneImage, just as for using many other independent mobile Internet WAP services. Those charges include but may not be limited to charges for the data traffic, per minute or per kB (kilo byte), mobile subscription charges, taxes and other costs. You acknowledge that those charges are not included in the charge you pay PhoneImage for the PhoneImage service and that you must verify which conditions apply for your mobile subscription.

8b. Validity period of Credits

Credits are valid minimum one month from date of purchase, after which PhoneImage has the right to expire credits without refund.

9. Phone or device problems as a result of using the PhoneImage service

PhoneImage will take care to verify compatibility of different phones with the PhoneImage service. However PhoneImage can not guarantee that a certain device and device software version are compatible with PhoneImage and that the PhoneImage service will not cause damage to the device. You agree to not hold PhoneImage or it’s owners responsible for any direct or indirect device problem or loss of information as a result of using the service.

10. Attempting to hack the PhoneImage site

You may not attempt to hack the PhoneImage site, using techniques such as but not limited to making denial of service attacks, delete or modify files, modify or delete databases, take over sessions, guess or discover passwords or change HTTP GET och POST fields between pages.

You may not attempt to hack or misuse the PhoneImage site with the purpose of obtaining PhoneImage credits without paying the listed charge. Such attempts include, but are not limited to, sending multiple emails to the same person but at different email addresses from the Link To Friends page. You accept that PhoneImage may bill you the charge to your phone bill plus any additional cost that PhoneImage may have as a result of your actions, should you perform such misuse.

11. What Content or Materials Are Not Allowed on The PhoneImage Site?

PhoneImage is committed to promoting the free-flowing exchange of graphic expression relating to Member’s interests, activities and hobbies while maintaining standards consistent with the Internet community. PhoneImage does not actively police the PhoneImage Site. Accordingly, no PhoneImage Member or other user of the Site may process, digitize, post, upload, store, share or otherwise display on the PhoneImage Site:

a. Content or material that we believe is grossly offensive to the online community, including but not limited to, blatant expressions of bigotry, prejudice, racism, hatred and profanity;

b . Content or material that exploits children under the age of 18 or posts or discloses any personally identifying information about children under the age of 18;

c . Content or material promoting or providing instructional information about illegal activities, promoting harm or injury to any group, individual or cruelty to animals including, but not limited to:
i) Instructions on how to assemble or use bombs, grenades or other weapons; and

ii) Disseminating personal information about another individual for malevolent purposes, including libel, slander, defamation or violation of an individual’s right to privacy.

d. Copyrighted content or material that is used without the express permission of the owner;

Photographs and other images published in books, magazines, posters, calendars, websites and other media are generally protected by copyright law. Uploading these images to the PhoneImage Community without the owner's permission may constitute copyright infringement and may result in termination of your PhoneImage membership.

e. Content or material that infringes or encroaches on the rights of others, including, but not limited to, infringement of privacy and publicity rights and harm to reputation; or

f. Child pornography, Violence pornography, Animal Pornography

g. Content or material that is in any other way illegal.

h. Content or material that we believe is of an adult or sexual nature.

i. Any links to any of the above bullets.

PhoneImage has the sole discretion to decide whether content or material is prohibited on the Site and any materials submitted to the Site may be examined from time to time. You acknowledge that although PhoneImage does not and cannot examine all content and material submitted or transmitted to the Site, PhoneImage has the absolute right (but not the obligation) to delete, move and edit content and material for any reason, in any manner, at any time, without notice.

You, and not PhoneImage, are solely responsible and liable for all content posted and stored in the PhoneImage community. You should also know that in visiting the PhoneImage community, you may be exposed to materials you consider to be offensive and you assume responsibility for your exposure.

IN NO EVENT SHALL PHONEIMAGE, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, CO-BRAND PARTNERS, LICENSORS, OR EMPLOYEES HAVE ANY LIABILITY FOR ANY LOSS, EXPENSE, DAMAGE OR COST, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY RESULTING FROM MISPLACEMENT, LOSS, DAMAGE, DESTRUCTION OR ANY OTHER ADVERSE CONSEQUENCE TO SCANNED SLIDES, SCANNED PHOTOGRAPHS, FILM, DATA AND/OR OTHER MATERIALS THAT YOU UPLOAD TO PHONEIMAGE.

You as photographer and member accept all liability for any model release issue that may arise from a recognizable individual in the image. Please do not upload pictures for which you do not have a current Model Release in your files.

PhoneImage will take steps to prevent the unauthorized use of the images that are displayed within the PhoneImage website, however, PhoneImage is not liable for any misuse of the images that may result from use of the images. The member is fully aware the digital images can be easily transferred and manipulated, and any liability related to the digital theft of the images is removed from PhoneImage.

12. How Do the Copyright Laws Apply to Materials I Submit to PhoneImage?

When you become a PhoneImage member, you become a participant in the PhoneImage community. Your photographs will be viewed and made available to others in the PhoneImage community and we may incorporate them in directories, search results or in any other places on the PhoneImage site.

As a condition of membership, you hereby grant PhoneImage a perpetual, universal, nonexclusive right to copy, display, modify, alter, transmit and distribute any materials provided by you to the PhoneImage community. You are the owner of all materials submitted by you to PhoneImage and you represent and guarantee to PhoneImage, as a condition of membership, that you are the legal owner of the copyright to all materials you submit to PhoneImage or that you have permission from the copyright owner to submit the materials to PhoneImage.

13. What Can I Do With Materials Provided By PhoneImage?

All of the material on the PhoneImage Site is protected by the copyright laws of the U. S. and other countries. You are only allowed to use these materials as indicated on the PhoneImage site; other uses are prohibited by copyright laws.

All of the material contained in the PhoneImage categories and series may be viewed only on the PhoneImage Site. You may not copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any copyrighted material in any format, electronic or otherwise. Read the full PhoneImage Software Agreement.

All photographs and imagery distributed from PhoneImage to mobile phones or other devices are copyrighted by the credited photographer or photo source. The PhoneImage images cannot be used outside of the mobile phone, and are for personal screen saver and wallpaper (background) use only. Exporting the PhoneImage images into ANY OTHER SOFTWARE product or application is expressly prohibited. No other distribution of the PhoneImage images is authorized. Forwarding of a picture from the device where it was downloaded to another mobile phone, computer, PDA or other device is expressly prohibited. Forwarding an SMS, URL, bookmark or other identification of downloading location from the device where it was received is expressly prohibited.

It is understood and agreed that you shall not copy or modify any of the URL or other identification of downloading locations received. It is understood and agreed that you shall not copy part of PhoneImage applications into any machine-readable or printed form, nor shall you reverse engineer, decompile, disassemble, translate, merge into another computer program, obscure or remove otherwise modify any Software used by PhoneImage.

14. What Do I Do If I Think There May Be a Copyright Infringement?

If you believe that your material or the material of another has been wrongfully copied, PhoneImage has a process for you to register your complaint . In order for PhoneImage to investigate and address your complaint, please provide PhoneImage with all information requested:

a. To report a PhoneImage posting which violates our Terms and Conditions and which you want removed, please send a notice to the PhoneImage Copyright Agent using this form (click to go to the form)

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the PhoneImage’s Copyright Agent with a notice containing the following information:

Your name, address, telephone number and email address.
Identification of the copyrighted work or other intellectual property that you claim has been infringed;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
Identification of where the material that you claim is infringing is located on the site (i.e., the complete URL of each image you believe violates our Terms and Conditions)
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
A statement by you that the above information in your notice is accurate and a statement, under penalty of perjury, that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

For violations that do not pertain to the infringement of intellectual property rights, please provide:

Your name, address, telephone number and email address.
The complete URL of each image you believe violates our Terms and Conditions.

We normally investigate reported violations made according to the above procedures and take appropriate action within 3 business days after receipt of infringement notices.

15. How Are Copyright Infringement Claims Handled?

Upon notice of a potential copyright infringement, PhoneImage will immediately delete or suspend access to the infringing material. PhoneImage may also provide the member who posted the allegedly infringing material with contact information for the complaining party and may ask that the member work with the complaining party to resolve the dispute.

If PhoneImage has deleted or suspended access to materials you posted on the PhoneImage site because of a complaint that the posting infringed someone else’s copyright and you disagree and want to have the materials returned on the site, within 10 days after receiving notification that the materials have been deleted, please provide PhoneImage with a written response (a "Response") which contains the following:

Your physical or electronic signature;
Identification of the material that was deleted or made inaccessible;
A statement under penalty of perjury that you have a good faith belief that the material was removed or made inaccessible as a result of mistake or misidentification;
Your name, address and telephone number and a statement that you consent to jurisdiction of Court for the judicial district in which PhoneImage may be found, and that you will accept service of process from the person who complained that posting the materials constituted a copyright infringement or from an agent of that person.

A copy of your Response, including your name and address, will be sent to the person who complained about your posting, and unless this person files a lawsuit concerning the posting within in 14 days of receiving a copy of your Response, the deleted materials may be returned to your album.

If a clear copyright, trademark, patent, publicity rights, or other infringement comes to the attention of PhoneImage, PhoneImage reserves the right to delete all infringing files and terminate the user’s membership without receiving a complaint from the person whose rights have been infringed.

16. What Happens if My Postings Are Repeatedly Challenged as Copyright Infringements?

If your postings are repeatedly challenged as copyright infringements, PhoneImage reserves the right to terminate your membership.

17. Is Information I Submit to PhoneImage Kept Private?

PhoneImage will never release your name or other personal information without your permission unless required by law. PhoneImage may use aggregated member information that does not identify any individual member. PhoneImage attempts to maintain the security of the storage of private information, but you acknowledge that the exchange between PhoneImage’ members and others of information such as passwords or electronic mail may not be secure. PhoneImage encourages members to change their passwords frequently. Postings and other communications on the PhoneImage Site are not private.

PhoneImage does not take any responsibility for information submitted to linked sites, such as PayPal, or for information submitted from other sites to PhoneImage.

18. Will I Receive Email From PhoneImage as a Result of My Membership?

PhoneImage will not send unsolicited emails. PhoneImage will send email for technical support matters, or during copyright infringements as described above. PhoneImage will send one (1) welcome email after registring on the service. After major service updates, PhoneImage may send a service update or newsletter. The newsletter will be sent a few times per year up to maximum once per month. Each newsletter will contain a 1-click link to unregister from any future newsletters. In the event that you receive an email that you think is unsolicited, please follow the instructions contained in the email to unregister or otherwise for letting us know and PhoneImage will make every effort to have your email address removed from future mailings.

19. What If Materials I Submit To PhoneImage or Use on The Site Are Lost or Corrupted?

PhoneImage urges all members to maintain backup versions of their PhoneImage pages and materials to guard against losses of any kind. PhoneImage is not responsible for any loss of data and/or files, nor is it required to return any data, resulting from PhoneImage’ suspension or deletion of data and/or files, network or system outages, file corruption or for any other reason.

20. By Becoming a PhoneImage Member, You Agree To Indemnify PhoneImage for Any Claims Resulting From Your Violation of These Terms and Conditions.

YOU AGREE TO INDEMNIFY AND HOLD PHONEIMAGE, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, CO-BRANDERS, LICENSORS AND ANY OTHER PARTNERS AND EMPLOYEES HARMLESS FROM ANY AND ALL LOSSES, EXPENSES, DAMAGES OR COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS AND CONDITIONS, YOUR USE OF THE PHONEIMAGE SERVICE, AND THE CONDUCT OF ANOTHER ACCESSING THE PHONEIMAGE SERVICE THROUGH YOUR MEMBERSHIP.

21. PhoneImage Makes No Warranties To Its Members.

PHONEIMAGE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

22. Limited Liability of PhoneImage.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT PHONEIMAGE WILL HAVE NO LIABILITY FOR SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH YOUR USE OF THE PHONEIMAGE SITE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

23. Law Governing This Agreement.

This Agreement will be governed and construed in accordance with the laws of the State of California, without regard to its conflict of laws provisions. By using the PhoneImage Site you agree to personal jurisdiction of the state and federal courts of the State of California.

You acknowledge that PhoneImage can not PhoneImage can not securely determine the country of the subscriber when a user uses a PhoneImage service, since WAP and Web access goes through proxies which can make the original client difficult to locate, and since the mobile number not valid for determining the legal home country of the user, due to for example international GSM roaming, number portability, and companies having employees not local to the country of the mobile subscription and its subscription prefix.

24. PhoneImage May Amend These Terms and Conditions At Any Time.

You agree that PhoneImage reserves the right to amend these Terms and Conditions at any time, for any reason, and without notice, including the right to terminate PhoneImage services or any part of the services.

25. This is The Entire Agreement Between You and PhoneImage.

These Terms and Conditions are the entire agreement between you and PhoneImage and govern your use of the PhoneImage Site and services. This agreement supersedes any prior agreements between you and PhoneImage. The failure of PhoneImage to enforce any right or provision of this agreement does not constitute a waiver of the right or provision. If any portion of this agreement is deemed to be invalid, the other portions of the agreement will remain in full force and effect.