Hi Aquariius!
From what you've posted, this could actually be considered as "Dead on Arrival". If you bought this device directly from a service provider (i.e. - AT&T, Verizon, T-Mobile, etc.), they typically give you a period of time where if you have issue with your phone, you can take it back to the point of sale to exchange it. Usually this is around the period of between 10-14 days, depending on the company. If this phone is giving you problems right out of the box, I'd suggest going back to either get an exchange to a working model or to at least get a refund, as that particular phone you have may have been part of a bad batch.
If you bought this from a 3rd party like Best Buy, I'd take it back there and see if they in particular can give you repair/replacement options, otherwise you might have to go through the manufacturer for an exchange or a repair. As a last resort, if you have a computer you can try to flash the OS manually, however keep in mind that that kind of action usually leads to a voiding of the manufacturer's warranty, so consider going through them first before attempting a manual flash.
