Terms and Conditions

The following shall govern the access and use of the services in www.mmsgallery.suncellular.com.ph. Digitel Mobile Phils., Inc. reserves the right to modify this agreement or any part hereof at anytime, and such modifications shall be effective immediately upon posting. You are enjoined to review the agreement periodically and your continued access or use of the service shall be deemed your conclusive acceptance of the modified agreement.

1. Copyright.
All materials contained in or available through this site including, but not limited to any information, communications, images, sounds, and/or downloadable materials are copyright of Digitel Mobile or its affiliates, content providers or third parties and may not be copied, reproduced, downloaded, modified, republished, posted, transmitted, or distributed in any form or by any means including but not limited to electronic, recording or mechanical photocopying without the prior written permission of Digitel Mobile. Permission is granted to electronically copy and to print hard copy of parts of the site but only for personal viewing purposes. All content or material contained and/or accessed within this website or provided by www.mmsgallery.suncellular.com.ph are for personal use only and may not be used for commercial purposes or distributed commercially.

2. Trademarks.
All trademarks, trade names and service marks (collectively the "Marks") are proprietary to Digitel Mobile or other respective owners that have granted Digitel Mobile the right and license to use such Marks.

3. Use of www.mmsgallery.suncellular.com.ph
Except for information, products or services clearly identified as being supplied by Digitel Mobile, Digitel Mobile does not in any way operate, control or endorse any information, products or services on the Internet which are offered by other entities or third parties that are not affiliated with Digitel Mobile. Digitel Mobile cannot and does not guarantee that the functions or content contained in this site will be uninterrupted or error free, that the defects will be corrected, or that files available for downloading through the MMSGallery website will be free of infection or viruses, worms, or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to www.mmsgallery.suncellular.com.ph for the reconstruction of any lost data. You therefore agree to take full responsibility and risk for your use of MMSGallery website and the Internet. www.mmsgallery.suncellular.com.ph is accessed via the World Wide Web that is independent of SunCellular.com.ph and Digitel Mobile. Your use of the service is solely at your own risk and subject to applicable national and international laws and regulations. Digitel Mobile will not be responsible for any information or service obtained by you using the World Wide Web.

4. Limitation of Liability
In no event shall Digitel Mobile be liable for: i. Any and all damages including but not limited to direct, indirect, incidental or consequential damages arising out of the use of or inability of the service or any information, or transactions provided in www.mmsgallery.suncellular.com.ph or downloaded or hyper-linked or ii. Any claim attributable to errors, omissions, or other inaccuracies in the www.mmsgallery.suncellular.com.ph and/or materials or information downloaded through or hyper-linked from www.mmsgallery.suncellular.com.ph.

5. Indemnification.
You agree to indemnify, defend and hold harmless Digitel Mobile, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to www.suncellular.com.ph from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this agreement by you. Notwithstanding the following, you hold Digitel Mobile free and harmless from suit or action arising from improper use of data, unauthorized intrusion into the site and unlawful exposure of data.

6. Third Party Rights.
The provisions stated in paragraphs 3 (Use of suncellular.com.ph), and 5 (Indemnification) are for the benefit of Digitel Mobile and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

7. Disclaimer.
THE CONTENT, INFORMATION, SERVICES, PRODUCTS, AND MATERIALS ACCESSED, CONTAINED OR FOUND IN THIS WEB SITE, INCLUDING BUT WITHOUT LIMITATION TO, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIGITEL Mobile DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, DIGITEL Mobile DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEB SITE IS ACCURATE, COMPLETE OR CURRENT.

8. Member Conduct.
This web site may not be used for any purpose that is unlawful or prohibited by these terms, conditions, and notices. www.mmsgallery.suncellular.com.ph is provided for personal use only. You agree to use www.mmsgallery.suncellular.com.ph only to send and receive personal messages, download items for personal use such as but not limited to text, graphics, ring
tones, pictures. Any unauthorized commercial use of the web site, or the resale of its services, is expressly prohibited. You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through www.mmsgallery.suncellular.com.ph. Such unlawful or prohibited use includes, but are not limited to, the following:

· Use MMSGallery website in connection with surveys, contests, pyramid schemes, chain letters, junk email,   spamming or any duplicative or unsolicited messages (commercial or otherwise).

· Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and   publicity) of others.

· Publish, distribute or disseminate any offensive, vulgar, inappropriate, profane, defamatory, infringing, obscene,   indecent, pornographic, or unlawful material or information.

· Advertise or offer to sell or buy any goods or services for any commercial purpose.

· Harvest or otherwise collect information about others, including email addresses, without their consent.

· Create false identity for the purpose of misleading others as to the identity of the sender or the origin of a   message.

· Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a   MMSGallery website member any directory of MMSGallery website members or other user or usage information or   any portion thereof other than in the context of your use of www.mmsgallery.suncellular.com.ph under the TOS.

· Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancel bots, or any   other harmful or deleterious programs.

· Transmit or upload any material that contains software or other material protected by intellectual property laws,   rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have   received all necessary consents.

· Interfere with or disrupt networks connected to MMSGallery website or violate regulations, policies or procedures   of such networks.

· Attempt to gain unauthorized access to www.mmsgallery.suncellular.com.ph, other accounts, computer systems   or networks connected to www.mmsgallery.suncellular.com.ph through any available means.

· Violate any applicable laws or regulations including, without limitation, laws regarding the transmission of technical   data or software exported from the any country through MMSGallery website.

· Interfere with another member's use and enjoyment of MMSGallery website or another individual's or entity's use   and enjoyment of similar services.

9. Member Obligations.
You understand that while www.mmsgallery.suncellular.com.ph has various internal security measures designed to protect its users, you hereby obligate yourself to use precautions when using MMSGallery website to further minimize the probability of hacking, fraudulence or any unauthorized transactions. You affirm to use your assigned access name or password every time you use MMSGallery website. You shall be responsible and liable for all transactions made through the use of your assigned access name or code. You acknowledge that logging off after using www.mmsgallery.suncellular.com.ph is required and necessary to prevent unauthorized access to your account. You assent to clear the history and cache of your web browser.