1. Introduction
1.1 Sprint ID is owned and operated by Sprint/United Management Company. Your use of Sprint ID is governed by a legal agreement between you and Sprint or a third (3rd) party ID provider’s term of use including these Sprint ID Terms of Service (“Terms of Service”). Download and use of any Sprint ID or 3rd party ID packs is subject to Sprint's Acceptable Use Policy and Visitor Agreement, General Terms and Conditions of Service, and these Sprint ID Terms of Service. These Terms of Service shall take precedence in the event of a conflict, to the extent of such conflict and only with respect to Sprint ID.
1.2 You may use Sprint ID to browse, locate, and download Products (defined as data files, applications, written text, mobile device software, music, audio files or other sounds, photographs, videos or other images) for your Android-powered mobile device (“Device”). Some of these Products may be offered by Sprint while others may be made available by third-parties not affiliated with Sprint. You agree that Sprint is not responsible for any Product that originates from a source other than Sprint. Additionally, some Products may be made available to you at no charge while other Products may be purchased for a fee. You agree that you are solely responsible for all fees associated with purchases made on your Device.
1.3 You accept these Terms of Service by either (1) clicking to agree or accept where these options are presented to you, or (2) actually using the Sprint ID application.
1.4 In order to use Sprint ID you must be 13 years of age or older. If you are between 13 and 18 years of age, you must have your parent or legal guardian’s permission to use Sprint ID.
1.5 Access to and downloading of ID packs is not included with any other Sprint service, including Sprint data services. Data charges may apply to download of ID packs. Your bill will not separately identify the number of kilobytes attributable to your use of specific sites, sessions or services used. You will be charged for ID packs 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 Sprint 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 use of ID pack 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 ID packs without prior consent or notice if we have reason to suspect fraudulent or unauthorized use of your ID packs, but we make no assurances that we will suspend your account under these circumstances. ID packs may be discontinued or cancelled at any time, without notice. We may provide notice of discontinuation or cancellation of ID packs by standard notification methods, text message or other electronic notification to your device.
2. Sprint’s Provision of Sprint ID
2.1 You agree that Sprint may stop (permanently or temporarily) providing Sprint ID (or any features within the Sprint ID) to you or to users generally at Sprint’s sole discretion, without prior notice to you.
2.2 You agree that if Sprint disables access the Sprint ID, you may be prevented from accessing the Sprint ID or other Products.
2.3 Sprint may make available to you various payment processing methods to facilitate the purchase of Products from the Sprint ID. You agree to abide by any relevant Terms of Use or other legal agreement, whether with Sprint or a third party, that governs your use of a given payment processing method. You agree that Sprint reserves the right to add or remove payment processing methods at its sole discretion and without notice to you.
3. Your Use of Sprint ID
3.1 In order to access certain services in the Sprint ID, 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.
3.2 You agree to use the Sprint ID only for purposes that are permitted by (a) the Terms of Service 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, including, but not limited to, the United States Department of Commerce's Export Administration Regulations and sanctions programs administered by the United States Treasury Department's Office of Foreign Assets Control. By using the Sprint ID, 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 Products.
3.3 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 Sprint ID and any Products, any breach of your obligations under the Terms of Service, and for the consequences (including loss or damage of any kind which Sprint may suffer) of any such breach.
3.4 You agree that Sprint and/or third parties own all right, title and interest in and to the Sprint ID and the Products available through the Sprint ID, including without limitation all applicable Intellectual Property Rights in the Products. "Intellectual Property Rights" means any and all rights existing under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights worldwide. You agree that you will not, and will not allow any third party to, (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Products, unless otherwise permitted, (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management or forward-lock functionality) in the Products, (iii) use the Products to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or (iv) remove, obscure, or alter Sprint 's or any third party's copyright notices, trademarks, or other proprietary rights notices affixed to or contained within the Products.
4. Sprint Services and Third Party Products and Services
4.1 Some Products (whether developed by Sprint or third parties) may contain features that are used in conjunction with Sprint’s other services. Accordingly, your use of such features in those Products is also governed by Sprint’s General Terms and Conditions of Service.
4.2 Some components of Products (whether developed by Sprint or third parties) may also be governed by applicable open source software licenses. In the event of a conflict between the Terms of Service and any such licenses, the open source software licenses shall prevail with respect to those components.
5. Automatic Updates
5.1 Products originating from Sprint may communicate with Sprint servers from time to time to check for available updates to the Products, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). By installing these Products, you agree to such automatically requested and received Updates.
6. Export Restrictions
6.1 Products available on the Sprint ID may be subject to export controls or restrictions by the United States or other countries or territories. You agree to comply with all applicable U.S. and international export laws and regulations. These laws include restrictions on destinations, end users, and end use.
7. Indemnification
7.1 To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Sprint , its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from your use of the Sprint ID or Products, including your downloading, installation, or use of any Products, or your violation of these Terms of Service.
8. Termination
8.1 These Terms of Service will continue to apply until terminated by either you or Sprint as set out below.
8.2 If you want to terminate these Terms of Service, you may do so by ceasing your use of Sprint ID and any Products downloaded from Sprint ID.
8.3 Sprint may at any time, terminate these Terms of Service with you if: (A) you have breached any provision of these Terms of Service; or (B) Sprint is required to do so by law; or (C) Sprint decides to no longer provide the Sprint ID.
8.4 When these Terms of Service come to an end, all of the legal rights, obligations and liabilities that you and Sprint have benefited from, been subject to (or which have accrued over time while these Terms of Service have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 11.6 shall continue to apply to such rights, obligations and liabilities indefinitely.
9. DISCLAIMER OF WARRANTIES
9.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SPRINT ID AND ANY PRODUCTS DOWNLOADED OR OBTAINED THROUGH THE SPRINT ID IS AT YOUR SOLE RISK AND THAT THE SPRINT ID IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
9.2 YOUR USE OF THE SPRINT ID AND ANY PRODUCTS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SPRINT ID IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
9.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPRINT FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO ANY PRODUCTS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SPRINT ID AS WELL AS THE SPRINT ID ITSELF.
9.4 NONE OF THE PRODUCTS ARE INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, EMERGENCY COMMUNICATIONS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER SUCH ACTIVITIES IN WHICH CASE THE FAILURE OF THE PRODUCTS COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
10. LIMITATION OF LIABILITY
10.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT SPRINT AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT INCLUDING NEGLIGENCE OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU THROUGH YOUR USE OF THE SPRINT ID OR ANY PRODUCTS DOWNLOADED OR OBTAINED FROM THE SPRINT ID, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT SPRINT OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
11. General Legal Terms
11.1 These Terms of Service constitutes the whole legal agreement between you and Sprint and govern your use of the Sprint ID and Products, and completely replace any prior agreements between you and Sprint in relation to the Sprint ID and Products.
11.2 You agree that if Sprint does not exercise or enforce any legal right or remedy which is contained in these Terms of Service (or which Sprint has the benefit of under any applicable law), this will not be taken to be a formal waiver of Sprint’s rights and that those rights or remedies will still be available to Sprint.
11.3 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms of Service is invalid, then that provision will be removed from the Terms of Service without affecting the rest of the Terms of Service. The remaining provisions of these Terms of Service will continue to be valid and enforceable.
11.4 You acknowledge and agree that each member of the group of companies of which Sprint is the parent shall be third party beneficiaries to these Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of these Terms that confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to these Terms.
11.5 The rights granted in the Terms of Service may not be assigned or transferred by either you or Sprint without the prior written approval of the other party. Neither you nor Sprint shall be permitted to delegate their responsibilities or obligations under these Terms of Service without the prior written approval of the other party.
11.6 These Terms of Service and your relationship with Sprint under these Terms of Service shall be governed by the laws of the State of Kansas without regard to its conflict of laws provisions. You and Sprint agree to submit to the exclusive jurisdiction of the courts located within the county of Johnson, Kansas to resolve any legal matter arising from these Terms of Service. Notwithstanding this, you agree that Sprint shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.