Thank you very much for the fix. I am not going to wait for anymore problems and going to do the reset now. How do I back my photos up if I am not using photo stream and want to get them back onto my phone. I have a gallery I made in iPhoto to that I have copied all my photos to but is there a way to recover them all to my phone in the place they now reside on the phone or do I have to sync the gallery I created?
Just connect your phone to your computer, open up iTunes, right click on your iPhone name in the left pane of iTunes, in the dialogue box after making the right click will be "back up" select it and let iTunes backup your files.
After factory restoring the iPhone, do not set as "new phone" but chose to restore from a backup, there will be a list of available backup for you iPhone, chose the most recent one (the one you did before the factory restore) let iTunes restore your backup files into your iPhone, it could take a while, it's all depend of how huge is the back up in theme of GB.
Once the backup restore is done, iTunes will now load into your iPhone your apps, songs, books, iTunes videos, (I mean everything which was on your iPhone and are also in iTunes, unless let's say 1h ago you downloaded an app or a book from the store and haven download it into your iTunes then that app will be missing after the restore and you will have to download it manually after backup restore is done) then your iPhone will be like it was moments before you initiate the factory restore, except for passwords for emails, restrictions etc... which you will have to re-enter manually.
Your photo might be or might not be in your computer, it really doesn't matter because your photos and videos made with the iPhone are part of the backup files just like your SMS are part of the backup.
But to be on the safe side, I advice you to have a copy of your pictures somewhere in your computer.