Please read the following Terms and Conditions carefully. The following Terms and Conditions are in addition to Rogers' Wireless Terms and Conditions and Rogers Terms and Conditions of Sale which may be found at the Legal link throughout our Website.
Video Messaging and Picture Messaging Services
The Video Messaging and Picture Messaging Service, also known as the 'Multi-Media Messaging Service' or 'MMS' is provided to individuals and for personal use only. Any unauthorized commercial use of the Multi-Media Messaging Service is expressly prohibited. The components and any aspects of the Multi-Media Messaging Service may be modified or deleted by Rogers at any time for any reason or for no reason at all, in Rogers' sole discretion, with or without notice to you. Rogers shall have no obligation to maintain any content stored by you within the Multi-Media Messaging Service (including, without limitation, any content within Photo Albums, as described below).
Multi-media messages may include videos, photos, pictures, audio and text files sent via MMS in accordance with the Video Messaging and Picture Messaging Service.
The following are required to use the Multi-Media Messaging Service: a video messaging or picture messaging capable device and subscription to a Rogers Digital PCS price plan. You may only send and receive Multi-media messages in the GPRS network coverage areas of Rogers and those carriers with whom Rogers has appropriate roaming arrangements. Roaming charges will apply if you send or receive Multi-media messages while outside of the Rogers' GPRS network coverage area.
You will be charged for the Multi-media messages you have sent on your next bill if you are a post paid customer and immediately if you are a prepaid customer. Applicable taxes will be added to your purchase price. You will be charged per message sent per recipient, regardless of whether the message was successfully delivered to the recipient.
In addition to sending Multi-media messages to Video Messaging and Picture Messaging Service users, you can send Multi-media messages to (i) email addresses, and (ii) any Rogers' customers who have a mobile capable internet phone (which does not have Multi-Media Messaging capabilities). Recipients receiving and viewing such Multi-media messages shall be subject to the terms and conditions of their service provider (including any charges related thereto).
Rogers reserves the right to change the amount of, or basis for determining, any fees or charges for services we provide, and to institute new fees, charges, or terms at any time, with or without notice to you.
Each handset can only store a limited number of videos and pictures and send to a limited number of recipients (per message) based on storage capacity, which varies by model and make. Rogers cannot guarantee delivery of a Multi-media message at any given time since our delivery methods use a combination of public, corporate, and private networks over which we have no control.
Photo Albums
As a user of the Multi-Media Messaging Service, you will receive access to a photo album (the "Photo Album") containing (i) an "inbox" which stores video messages and picture messages received by you for a period of fourteen (14) days; (ii) an "outbox" which stores picture messages sent by you for a period of fourteen (14) days; (iii) a "stored messages folder" which has a message storage capability of up to thirty (30) stored picture messages; and (iv) "album folders" which have the aggregate storage capability of up to seventy (70) distinct video message and/or picture message attachments. In total 100 videos and / or pictures can be saved to your personal My Pix online album.
SMS Communications
Rogers may send you SMS communications pertaining to the Multi-Media Messaging Service as well as offers that Rogers believes may be of interest to you, and you hereby consent to receive such SMS communications. You can choose to unsubscribe from the offer portion of the SMS communications by following the unsubscribe directions posted at the following Rogers webpage.
Registration, Account and Passwords
When you send your first video message or picture message you will automatically be registered for the Multi-Media Messaging Service and by continuing to use the Multi-Media Messaging Service you agree to be bound by these terms and conditions. You will be provided with a password for your Photo Album. You are responsible for: (a) maintaining the confidentiality of any passwords and other account identifiers which you are assigned as a result of any registration with the Multi-Media Messaging Service, and (b) any and all activities that occur under such password or account.
Further, you agree to notify Rogers of any unauthorized use of your password or account. Rogers shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with the foregoing or the improper use of your password or account or improper access to your account by third parties without the use of your password.
Rules, Conduct and Content
In consideration of the availability, and your use of the Multi-Media Messaging Service, you agree, while using the Multi-Media Messaging Service, not to:
Rogers may examine any materials transmitted or stored in the Photo Albums at any time in its sole discretion. You acknowledge that although Rogers does not and cannot examine all content and material transmitted or stored, Rogers has the absolute right (but not the obligation) to delete, move and edit content and material for any reason or no reason, at any time, with or without notice. You agree that Rogers has the right to: monitor the Multi-Media Messaging Service electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request or to assist in the pursuit of any legal action against you or other end users; operate the Multi-Media Messaging Service properly; ensure or enforce compliance with these terms and conditions; or protect Rogers or Rogers' other customers.
You understand that all photographs, text, audio content, graphics, messages, content and other materials are the sole responsibility of the person from whom such materials originated. This means that you, and not Rogers, are entirely responsible for all materials that you upload, post, email, transmit, store or otherwise make available via the Multi-Media Messaging Service. Rogers does not control the materials posted on the Photo Albums and does not guarantee the accuracy, integrity or quality of these materials. You understand that by using the Multi-Media Messaging Service, you may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will Rogers be liable in any way for any materials transmitted, posted, stored or otherwise made available in connection with the Multi-Media Messaging Service, including, but not limited to any errors or omissions in any materials, or any loss or damage of any kind incurred as a result of the use of any materials posted, emailed, transmitted or otherwise made available via the Multi-Media Messaging Service.
Disclaimer Regarding Third Party Content
Rogers exercises no control over content, web pages, or sites not provided by Rogers. You agree that it is your responsibility to review and evaluate any such content, and that any and all risk associated with the use of, or reliance on, such content rests with you. You further agree that Rogers shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such content.
User Content & Remote Storage
In respect of any and all content you elect to post in connection with the Multi-Media Messaging Service (the "User Content"), you grant Rogers (and its third party suppliers) a perpetual, world-wide, royalty-free, nonexclusive, and unrestricted licence to use, copy, modify, transmit, publicly display and perform, and distribute such User Content. Such licence shall apply with respect to any form, media, or technology now known or later developed. You represent and warrant that any moral rights that may exist in connection with the User Content have been waived. You represent and warrant to Rogers that you are the legal owner of the copyright to all materials you submit to Rogers or that you have permission from the copyright owner to submit the materials to Rogers.
Subject to Rogers' applicable privacy policies, you agree that Rogers may preserve and disclose any and all User Content you elect to post or transmit using the Multi-Media Messaging Service where required to do so by law, or where such preservation or disclosure is reasonably believed by Rogers to be necessary to ensure compliance with the law, enforce these terms and conditions or protect the rights and interests of Rogers or any other person.
You acknowledge that, in connection with providing you the Multi-Media Messaging Service (and features to which you subscribe), Rogers may store User Content on its facilities from time to time and you may access such User Content remotely through the use of a computer, wireless telephone or other device. You understand and acknowledge that Rogers may delete your User Content without notice should you fail to access such content within a certain period of time (the "Inactivity Period") or should you discontinue subscribing to Rogers wireless services or for other reasons. The Multi-Media Messaging Service has an Inactivity Period of thirty (30) calendar days from the last time you accessed the services. Rogers will not be liable to you or any third party for any damages whatsoever in connection with the deletion of any User Content.
Rogers urges you to maintain backup versions of all materials sent and/or stored using the Multi-Media Messaging Service to guard against losses of any kind. Rogers is not responsible for any loss of data and/or files resulting from Rogers' suspension or deletion of data and/or files, network or system outages, file corruption, or for any other reason. Rogers is not required to return any materials you submit using the Multi-Media Messaging Service.
Termination
You acknowledge and agree that Rogers, in its sole and absolute discretion, may, without notice to you, suspend or terminate your account or your use of, or access to the Multi-media Messaging Services, and remove and discard any information or content related to such Service and your use thereof (including, without limitation, content on Photo Albums), for any reason, including where Rogers believes that you have violated any of the Terms and Conditions. You further agree that Rogers shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Multi-media Messaging Services or with any terms, conditions, rules, policies, guidelines, or practices of Rogers in operating the Multi-media Messaging Services, your sole and exclusive remedy is to discontinue using such Services.
Indemnity
You agree to defend, indemnify and hold Rogers, its affiliates, suppliers, co-branders and other partners, directors, officers, employees and agents harmless from any and all liabilities, claims, costs and expenses, including reasonable legal fees, related to or in connection with your, or any user of your account's: (a) violation of these terms and conditions, or (b) use of the Multi-Media Messaging Service, or (c) placement, posting or transmission of any message, information, software or other content through the Multi-Media Messaging Service.
Trademarks
All product, brand and company names and logos used in connection with the Multi-Media Messaging Service are the trademarks or registered trademarks of Rogers (or its suppliers or third party licensees). Any use of any of the marks appearing in connection with the Multi-Media Messaging Service without the express written consent of Rogers or the owner of the mark, as applicable, is strictly prohibited.
Territory
The Service originates in Canada and is only intended for use in Canada.