TERMS OF SERVICE FOR FLEX VIEW AND MEDIA MANAGER
ONLINE
THIS IS A CONTRACT. PLEASE READ THESE TERMS CAREFULLY. BY CLICKING THE “I
AGREE” OR THE “ACCEPT” BUTTON OR BY USING THE SERVICES, WHETHER FOR A FEE OR
FOR FREE, YOU ARE INDICATING THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT
AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
This Agreement is between you
as our Subscriber and Verizon Online LLC (or its affiliates listed in Section
18.8) ("Verizon") and it sets forth the terms and conditions under
which you agree to use and we agree to provide Flex View On Demand service
(“Flex View On Demand”), Flex View on FiOS TV Service
(“Flex View FiOS TV”) and Media Manager Online
(“Media Manager Online” or “MMO” and, collectively with Flex View On Demand and
Flex View on FiOS TV, the “Services") provided
by or on behalf of Verizon. The Flex
View Services allow you to purchase and enjoy movies, TV Shows and other
premium content licensed to us (“Flex View Content”), while Media Manager
Online provides you with online storage space and transcoding functions to
allow playback of your uploaded digital media (“MMO Personal Content”) on a
variety of screens. You do not need to
purchase or rent Flex View Content to use Media Manager Online.
In the event of any conflict between this
Agreement
VerizonFiOSTV Terms of Service
or the
Verizon Online Terms of Service,
this Agreement will
control solely with respect to the subject matter addressed herein.
1.
AGREEMENT TERMS GENERALLY INCLUDED
. This
Agreement consists of the terms below, the other Verizon policies referred to
in this Agreement (including our Privacy Policy), as well as the terms and
conditions for any additional Verizon subscription services that are required
to access or use the Service, as follows:
·
Media Manager Online is available to Verizon FiOS
Internet or Verizon High Speed Internet subscribers and is subject to the
Verizon Online Terms of Service in addition to this Agreement.
·
Flex View On Demand is available to
Verizon FiOS TV, Verizon FiOS
Internet or Verizon High Speed Internet subscribers and is subject to the
Verizon Online Terms of Service in addition to this Agreement.
·
Flex View FiOS TV is available only to
Verizon FiOS TV customers and is subject to the
Verizon FiOS TV Terms of Service in addition to this
Agreement.
All of the above-listed Terms of Service are incorporated herein
by reference and are posted online at http://www22.verizon.com/terms/
2.
AUTHORIZED USER, ACCOUNT USE AND USER
RESPONSIBILITIES.
2.1
You acknowledge that you are eighteen (18) years of age or older
and that you have the legal authority to enter into this Agreement. You agree
promptly to notify Verizon whenever your personal or
billing information changes.
2.2
You are responsible for all use of the Services and associated
accounts, whether by you or someone using your account with or without your
permission, including all secondary or sub-accounts associated with your
primary account, and to pay for all activity associated with your account. You
agree to comply with all applicable laws, regulations and rules regarding your
use of the Service and to only use the Services within the United States
(unless otherwise permitted by this Agreement). You acknowledge that the
Services may allow access to information or content which is sexually explicit,
obscene or offensive, or otherwise unsuitable for children. You agree that the
supervision of use of the Services by children is your responsibility and that
Verizon is not responsible for access by you or any other users to
objectionable or offensive content.
2.3
User Account.
For all Services except for Flex View on FiOS TV, you are required to establish and/or maintain a
“My Verizon” account at http://verizon.com/myverizon and enable such MyVerizon account to license Flex View Content
(on a rental or unlimited basis) and to access Media Manager Online.Your ”My Verizon”
account will then become an “Flex View Enabled Account.”
3.
PRIVACY POLICY; LEGAL COMPLIANCE.
Personal information you provide to Verizon is governed by our Privacy Policy,
which is posted at http://www.verizon.com/privacy and is subject to change from
time to time. Verizon reserves the right to provide account and user
information, including email, to third parties as required or permitted by law
(such as in response to a subpoena or court order), and to cooperate with law
enforcement authorities in the investigation of any criminal or civil matter.
Such cooperation may include, but is not limited to, monitoring of the Verizon
network consistent with applicable law.
In addition, Verizon is required by law to report any facts or
circumstances reported to us or that we discover from which it appears there
may be a violation of the child pornography laws. We reserve the right to
report any such information, including the identity of users, account
information, images and other facts to law enforcement personnel.
4.
AVAILABILITY OF AND CHANGES TO SERVICE.
4.1
Service Availability
.
Verizon or its suppliers may, at any time, without notice or liability,
restrict the use of any Services or limit its time of availability in order to
perform maintenance activities and to maintain security.
4.2
Changes to Service or Features.
Verizon
reserves the right to change any of the features, content or applications
offered as part of the Services at any time with or without notice to you. You
understand and agree that, unless explicitly stated otherwise, any new features
offered through or on the Services, including changes and enhancements to
existing features, shall be subject to this Agreement. Prices and availability
of Flex View Content is subject to change at any time.
5.
AUTHORIZED DEVICES.
In order to view
Flex View Content, you will need
a compatible viewing device, such as a
PC or a portable/handset device, that (i) meets the minimum technical
requirements that Verizon may establish from time to time, (ii) supports the
digital rights management system required for access to the Flex View Content,
and (iii) has been registered with your Flex View Enabled Account (each, a
"Flex View Authorized Device").
You can register
up to five (5) Flex View
Authorized Devices per
Flex View Enabled Account, and if
you subscribe to FIOS TV, all of your set-top boxes
within a single household will count as one of your allotted Flex View
Authorized Devices. In order to register and de-register portable Flex View
Authorized Devices, you should connect the device to a PC that is itself a Flex
View Authorized Device, although we may provide you the ability to register a
device remotely. You are only permitted
to de-register two (2) Flex View Authorized Devices per Flex View Account per
calendar year without connecting through your PC and you are only permitted to
de-register and re-register the same Flex View Authorized Device two (2) times
within a calendar year.
6.
ACCESS SOFTWARE.
6.1.
In order to use Flex View and Media Manager Online, you will be
required to download and install software which is owned by Verizon or its
third party licensors, providers and suppliers ("Access Software").
We reserve the right periodically to update, upgrade or change the Access
Software remotely or otherwise and to make related changes to the settings and
software on your computer or other device on which Access Software runs, and
you agree to permit such changes and access to your computer or such other
device. You may use the Access Software only in connection with the Services
and for no other purpose. Your use of
the Access Software is governed by the terms of an End User License Agreement
(“EULA”) and by this Agreement, where applicable. You may not install or use
any Software that is accompanied by or includes a EULA unless you first agree
to the terms of the EULA.
7.
FLEX VIEW SERVICE DESCRIPTION & CONDITIONS OF
USE.
7.1.
Flex View allows you to access and view Flex View Content in a
variety of ways: (a) by streaming content to your TV through a Verizon-supplied
FiOS TV set-top box; (b) by downloading content to
your PC through either a website or via Access Software; and (c) by downloading
content to an authorized and compatible wireless handset or portable device
supporting media playback. Verizon may
enable you to stream content to your PC or portable/wireless device in the
future.
7.2.
Flex View Service Requirements.
Internet access is required to use the Services.You are solely responsible for compliance
with any minimum system requirements, and for obtaining, installing,
configuring, and maintaining suitable equipment and software, including any
necessary system or software upgrades, patches or other fixes, which are or may
become necessary to access the Services.
You acknowledge that delivery of
content is dependent on variables not under Verizon’s control, including but
not limited to, the speed and availability of your broadband or network
connection. You may experience delays or technical difficulties caused by or
related to such variables, as well as the technical limitations of the
Flex View Authorized
Device
you view the Flex
View Content on. To the extent permitted
by applicable law, you will not receive a refund or credit for any content that
you are not able to view or have difficulty viewing due to such variables. You
bear all responsibility for ensuring that you have the viewing capabilities to
view content in the appropriate format or at all.
7.3.
The Flex View Service is intended solely for your
non-transferable, non-commercial, private and personal use, and any other use
or attempted use for commercial or other purposes is strictly prohibited. You
understand and agree that advertisements, as well as certain communications
from Verizon such as service announcements and administrative messages, are
part of the Services and are necessary for Verizon to provide the Services
7.4.
Digital Licenses for Flex View.
Regardless of the use of the word "purchase," and except as
set forth herein, all Flex View Content is offered for license, not purchase or
sale, and is subject to this Agreement and any other license terms and
conditions applicable to the Flex View Content, including limitations imposed
by the use of any digital rights management technology.Flex View Content can be licensed in two
ways:
7.4.1.
Purchased
Flex View Content: When you purchase
Flex View Content, the payment of a purchase fee will entitle you to access the
purchased Flex View Content for viewing on Authorized Devices an unlimited
number of times over an indefinite period of time.
7.4.2.
Rented
Flex View Content: When you rent Flex
View Content, the payment of a rental fee will entitle you to access the rented
Flex View Content for viewing on one or more Authorized Devices an unlimited
number of times over a fixed period of time, typically 24 hours from the
purchase or initial playback of the Rented Flex View Content.Upon the payment of the rental fee, you may
be given the option to “Watch On This Screen” or
“Watch on Any Screen”.
7.4.2.1.
If you
select “Watch On This Screen”, you can watch the
Rented Flex View Content only on the specific Flex View Authorized Device on
which the payment of the rental fee was made.
The rented title will be immediately downloaded to such Flex View
Authorized Device, and it will be viewable as many times as you like for a
viewing period of 24 (or in some cases up to 48) hours from the time you first
initiate playback of the rented title. You must not delete the digital file from
local storage prior to initiating playback, and you must initiate playback
within 30 days of your rental purchase.
7.4.2.2.
If you
select “Watch On Any Screen”, you will have 24 (or in
some cases up to 48) hours from the time of the payment of your rental fee to
watch (and if necessary, download) the title as may times as you like on any of
your Flex View Authorized Devices.
However, only one of your Flex View Authorized Devices may play back the
Rental Content at any one time.
7.4.3.
Upon the
payment of either a purchase or rental fee, Verizon grants you a limited,
non-exclusive, non-transferable license to use the Flex View Content solely for
your personal, non-commercial, entertainment use.
7.5.
Purchased Flex View Content Availability.Once you purchase or rent Flex View Content,
you bear the responsibility for completing download and/or use and for all risk
of loss of the purchased and downloaded Flex View Content.Verizon encourages you to download or access
your Purchased Flex View Content immediately after purchase.
7.5.1.
Purchased
Flex View Content may become unavailable for streaming (including streaming to
your TV via a Verizon FiOS TV set-top box) or
re-download due to content provider licensing and other restrictions, and Verizon
will not be liable to you if Purchased Flex View Content becomes unavailable
for further download, streaming and/or use.
7.5.2.
Re-delivery
of purchased Flex View Content. Verizon
can only re-deliver to you the digital files containing Purchased Flex View
Content a maximum of two (2) times during any calendar year.
7.5.3.
Restrictions
on Streamed Viewing. Flex View Content
that you choose to watch online through your Web browser or other compatible
devices are limited to two concurrent streams (including any streams delivered
to the TV via a FiOS TV set-top box) from the same
account at any one time. In addition, the concurrent streams must be different
titles as a single Flex View title cannot be streamed to two locations at the
same time. We can only deliver streamed
Flex View Content to access points within the
7.6.
Reservation of Rights.
All content provided by Verizon or its third party licensors on the Flex
View Storefront, including, without limitation, images, animations, video
programming, information services, audio, music, and text, irrespective of the
manner or format in which such content is delivered, is the property of Verizon
or its licensors. You understand and
acknowledge that your rights with respect to Flex View Content are limited by
copyright law. All rights regarding use of Flex View Content not expressly
granted in this Agreement are reserved by Verizon and/or its licensors.
7.7.
General Restrictions.
The Services are intended for use within the
8.
Media Manager Online.
8.1.
Service Description & Conditions of Use
8.1.1.
Media
Manager Online. Media Manager Online
provides access to and viewing of your uploaded digital media (“MMO Personal
Content” or “MMO Content”) on an authorized and compatible Internet-enabled
handset, computer, or other device supporting media playback.
8.1.2.
You
understand that the MMO Personal Content application functionality and the
online storage feature are being provided to you to permit you to store, manage
and access MMO Personal Content you have created or that you have the right to
access and copy on multiple platforms. You shall be solely responsible for the
MMO Personal Content you upload and the consequences of uploading or submitting
such MMO Content. You understand that Verizon does not control or endorse the
MMO Content that you upload or submit to MMO.
8.1.3.
You
understand and agree that certain social media and sharing aspects of the Media
Manager Online Service will permit export of data to Internet websites owned
and maintained by third parties. You understand and agree these third party
websites provide services and offerings subject to terms of use for those sites
("website TOU") and when accessing or using the services and
offerings of these websites, you are bound by the notices, terms and conditions
in these website TOU and other applicable policies as set forth herein . You
understand that Verizon has no control over, and assumes no responsibility for,
the content, privacy policies, or practices of any third party websites. In
addition, Verizon will not and cannot censor or edit the content of any
third-party website. By accessing such third party websites you expressly
release and waive Verizon and its affiliates from any and all liability arising
from your use of any such third-party website.
8.1.4.
You
agree that you are solely responsible for all the MMO Content you store on or
retrieve utilizing the Media Manager Online Service. You represent that when
you transmit, upload, post or submit any content, images or data using Media
Manager Online you have the legal right to do so and that your use of such data
or content does not violate the copyright or trademark laws or any other third
party rights.
Any MMO Content identified as copyrighted will not be available
for sharing with others, and Verizon reserves the right to disable sharing
capability for any user-generated MMO Content, in its sole and absolute
discretion.
8.2.
Licenses.
Subject to the terms and conditions of this Agreement, Verizon
grants you a limited, non-exclusive, non-transferable license to use the MMO
Service and MMO Content access solely for your personal, non-commercial,
entertainment use. You understand and acknowledge that your rights with respect
to MMO Content are limited by copyright and other laws. All rights regarding
use of the Service and MMO Content access not expressly granted in this
Agreement are reserved by Verizon and/or any third-party licensors. However,
you retain all of your ownership rights in MMO Content that you create
yourself.
You hereby grant a non-exclusive, fully-paid and royalty-free, sublicensable, assignable, irrevocable worldwide license to
Verizon to provide all facilities, to enable those facilities to take all actions,
and itself to take all actions, with respect to MMO Content that may be
necessary or reasonable to provide or to facilitate the provision of the Media
Manager Online functionalities. This foregoing right and license grant includes
a license or sub-license under any current and future patents, copyrights and
trademarks owned or licensable by you to the extent necessary for Verizon to
exercise any license right granted herein. This includes, without limitation:
o
storing
and retrieving the MMO Content;
o
making
the MMO Content available to you;
o
conforming
to connecting networks' technical requirements;
o
transcoding
User MMO Content into a viewable or otherwise appropriately perceptible format;
and
o
conforming
to the limitations and terms of My Verizon.
8.3.
Restrictions.
You agree that you will not attempt to
modify any software or MMO Content (other than pictures, video or audio files
that you generate yourself or otherwise own as set forth in the Warranties
section below) obtained through the Media Manager Online Service for any reason
whatsoever, including for the purpose of disguising or changing ownership or
source (including without limitation, falsifying or deleting author
attributions, legal or other proper notices or proprietary designations
indicating the origin or source of information that is uploaded or downloaded
from Media Manager Online or used in any materials and information submitted by
you, in any form of the MMO Content. You agree to follow all rules and policies
applicable to the Media Manager Online Service, including required or automated
updates, modifications and/or reinstallations of software and obtaining
available patches to address security, interoperability and/or performance
issues. You also agree: (i) to comply with all applicable laws, rules
(including, without limitation, the Verizon Privacy Policies, the My Verizon
Terms and Conditions when using MMO Content or the Media Manger Service; (ii)
not to reverse engineer, decompile, disassemble, attempt to derive source code
from the Software, or otherwise tamper with or modify any security features or
other Media Manager Service components for any reason (or to help anyone else
to do so).
8.3.1.
Verizon
has no obligation to screen or monitor the Media Manager Online Service, any
MMO Content or any other materials and information, in any form, submitted by
you; however, Verizon reserves the right to review information or materials
uploaded to Media Manager Online or used in any materials and information, in
any form, and to remove any such information or materials in its sole
discretion, regardless of whether such material does or does not violate this
Agreement or any Verizon policies, guidelines, or other codes of conduct which
are applicable to the Services.
Verizon reserves the right to access your
Media Manager Online account at any time with or without prior notice to you
and to disable access to or remove content which in our sole discretion is or
reasonably could be deemed unlawful.
8.3.2.
If you
breach this Agreement, we reserve the right immediately to suspend or terminate
your access to Media Manager Online Service with or without notice. In such
case, you agree that we may immediately delete all data, files, and other
content stored on the Media Manager Online Service, including archived data,
without further notice to you. It is your responsibility to remove or copy any
content stored on the Media Manager Online Service prior to closure of your
account; otherwise, it may be lost.
8.4.
NO WARRANTIES BY VERIZON
OR
LICENSORS. As set forth in
Section 14 and herein,
the Media Manager Online Service, including
all MMO Content and other information, materials and products included on or
otherwise made available to you through the Media Manager Service, are provided
"as-is" and "as available" without warranties of any kind
from Verizon or any Licensors. To the
full extent permissible by applicable law, Verizon and all Licensors disclaim
all warranties, express or implied, including, but not limited to, implied
warranties of non-infringement, merchantability and fitness for a particular
purpose. Neither Verizon nor any Licensor warrants that the Media Manager
Service or any MMO Content, information, materials or products included on or
otherwise made available to you through the Service are error-free.
8.5.
You agree that neither Verizon nor its affiliates will have any
liability for any damages or injuries caused directly or indirectly by the
installation, use or removal of the Media Manager Service. More specifically,
you agree that we will not be liable to you or any third party for any failure
of the Media Manager Service to perform, damage to your personal property,
including but not limited to, your personal computer equipment or software,
losses or injury to your business or data, or damages, including lost income or
business opportunity relating to or caused, directly or indirectly by, service
failures, equipment or underlying line failures, by any failures of the
software we provide, or by any viruses or other disabling code or intrusions to
your system.
8.6.
You agree that you are responsible for providing security
measures that are suited for your intended use of the Media Manager Service,
and you shall take full responsibility for taking adequate measures to
safeguard your data from loss. In addition, you understand that if your home
network includes wireless technologies, such as a wireless router, you are
responsible for securing such wireless communications and that wireless
communications can be intercepted by third parties. Neither Verizon nor any of
its affiliates will be liable to you or any other party for any data loss or
any other security issues that may result from your use of the Media Manager
Service.
8.7.
Use Requirements for the Media Manager Online service. If you
sign up for a Media Manager Online Account, you must actively use it. To
"actively use" your account means to upload, download, backup or
restore content to it. In the event you do not use your Media Manager Online
Account for a period of sixty (60) calendar days or more, then Verizon reserves
the right to cancel your access. We will provide notice of cancellation by
email to your primary email address of record. Use of your Media Manager Online
Account within fourteen (14) calendar days of the date of your cancellation
notice will reactivate your account.
8.8.
Digital Millennium Copyright Act (DMCA).
Filing a DMCA
notice alleging copyright infringement:
Pursuant to Title
II of the DMCA, all claims alleging copyright infringement for material that is
believed to be residing on Verizon's system or network should be promptly sent
in the form of written notice to Verizon's Designated Agent:
Designated Agent for DMCA
Notices
Verizon Copyright Department
1320 North Courthouse Road, Floor 9
Arlington, Virginia 22201, U.S.A.
Fax 703.351.3669
Email
DMCA@verizon.com
NOTE:
No other notices or communications should be sent to the Designated Agent, who
is appointed solely for the purpose of receiving notices of claims alleging
copyright infringement under the DMCA.
Specific requirements for proper notification
of claimed infringement are set forth in the DMCA (see 17 U.S.C. §. 512(c)(3)). Valid notification must be a written communication
that includes all of the following elements:
1. Signature of
copyright owner or person authorized to act on behalf of the owner;
2. Identification of
copyrighted work claimed to be infringed;
3. Identification of the
material claimed to be infringing or to be the subject of infringing activity
and information reasonably sufficient to permit the service provider to locate
the material;
4. Information
reasonably sufficient to permit the service provider to contact the complaining
party (address, phone number and, if available, email address);
5. A statement that the
complaining party has a good faith belief that use of the material in the
manner complained is not authorized by the copyright owner, its agent, or the law;
and
6. A statement that the
information in the notification is accurate, and under penalty of perjury, that
the complaining party is authorized to act on behalf of the owner of the
exclusive right allegedly being infringed.
It is the policy of
Verizon that upon receipt of a valid DMCA notice Verizon will remove or disable
access to allegedly infringing material.
NOTE:
There are substantial penalties for false claims (see 17 U.S.C. § 512(f) -
providing sanctions for material misrepresentations of copyright infringement).
Filing a DMCA counter-notification:
If a
notice of alleged copyright infringement under the DMCA has been wrongly filed
against you, you may submit a counter-notification to Verizon's Designated
Agent. Specific requirements for a proper counter-notification are set forth
in the DMCA (see 17
U.S.C. § 512(g)(3)). A valid
counter-notification must be a written communication that includes all of the
following elements:
1.
A physical or electronic
signature;
2.Identification of the material that has been
removed or to which access has been disabled and the location at which the
material appeared before it was removed or access to it was disabled;
3. A
statement under penalty of perjury that you have a good faith belief that the
material was removed or disabled as a result of mistake or misidentification;
and
4. Your
name, address, and telephone number, and a statement that you consent to the
jurisdiction of federal district court for the judicial district in which the
address is located, or if your address is outside of the U.S.,
for any judicial district
in which the service provider may be found, and that you will accept
service of process from the complainant
Upon receipt of a
valid counter-notification, Verizon will forward it to the original complainant
who submitted the DMCA notice alleging copyright infringement.The original complainant will then have ten
(10) days to notify Verizon that it has filed
a
lawsuitrelating
to the allegedly infringing
material otherwise Verizon will restore the removed material or cease disabling
access to it.
Repeat Infringer
Policy
Pursuant to Section
512 of the DMCA, it is Verizon’s policy to terminate the account of repeat
copyright infringers in appropriate circumstances.
9.
Intellectual Property Infringement
.Verizon respects the intellectual property
rights of third parties. Accordingly, you may not use Flex View, Media Manager
Online or their systems or servers in any manner that constitutes an
infringement of third party intellectual property rights, including under US
copyright law. Verizon expressly reserves the right to suspend, terminate or
take other interim action regarding the Flex View or Media Manager Online,
as applicable, if Verizon, in its sole
judgment, believes that circumstances relating to an infringement of third party
intellectual property rights warrant such action. These policies are in
addition to and do not affect or modify any other rights Verizon may have under
law or contract. Verizon may, but is not required to, monitor your compliance
with the terms, conditions or policies of this Agreement. You acknowledge that
Verizon shall have the right, but not the obligation, to pre-screen, refuse,
move or remove any content available on the Services, including but not limited
to content that violates the law or this Agreement.
10.
PRICING; BILLING: CHANGES TO SERVICE PLANS AND PAYMENT.
10.1.
Prices and Fees; Billing. You are responsible for all use of the
Services, whether by you or someone using your account with or without your permission,
and to pay for all Rental or Purchase activity associated with your Flex View
Enabled Account. You agree to pay the
fees applicable to all Purchased or Rented Flex View Content and to pay: a)
applicable taxes, b) surcharges, c) recovery fees, and d) other charges
associated with Flex View. Surcharges
and recovery fees are not taxes and are not required by law, but are set by
Verizon and may change. You also agree
to pay any additional charges or fees applied to your account, including
interest and charges due to insufficient credit or insufficient funds. Based on
your election and subject to our approval, Verizon or its agent will bill your
charge card or local Verizon telephone bill (where available). IF YOU ELECT TO
BE BILLED ON YOUR VERIZON MONTHLY VERIZON BILL, BY USING THE SERVICES YOU AGREE
TO HAVE ALL SERVICE CHARGES INCLUDED ON YOUR PHONE BILL. Billing will begin
upon submission of your order, unless otherwise noted.We may, at our election, waive any fees or
charges.
10.2.
Discontinuation of Service for Nonpayment. We may discontinue
your Service without notice if Service charges on your monthly Verizon bill or
charge card are refused for any reason, or if you fail to make payment when due
or to provide us with a new charge card expiration date before the existing
date expires.
10.3.
Late Fees. If any portion of your bill is not paid by the due
date, Verizon may charge you a late fee on unpaid balances and may also
terminate or suspend your Services without notice. If your charges are billed
by your Verizon local carrier, the late fee will be equal to the late payment
charge that the local exchange carrier applies. Otherwise, the late fee will be
the lesser of 1.5 % per month, or the highest rate permitted by law. If Verizon
uses a collection agency or legal action to recover monies due, you agree to
reimburse us for all expenses we incur to recover such monies, including
attorneys' fees.
10.4.
Credit Related Matters. We may evaluate your credit history
before modifying or providing you Service. In order to establish an account
with us and/or obtain or modify Service, we may obtain a report from a consumer
credit agency or exchange information with our affiliates in connection with
determining your creditworthiness. If you fail to pay your bill, we may submit
a negative credit report to a credit reporting agency, which will negatively
affect your credit report.
11.
TERM AND TERMINATION.
11.1.
Effective Date and Term. This Agreement shall be effective upon
your acceptance of these terms and shall continue until terminated by either
party as permitted by the Agreement. We reserve the right to terminate any
Service (or any part thereof) in the event we cease to offer the Service. If we
cease offering an Service (or any part thereof), we will give you at least
thirty (30) calendar days advance notice via electronic mail sent to the
electronic email address you provide.
11.2.
Termination of Service.
11.2.1.
Either
you or Verizon may terminate this Agreement without cause by giving notice to
the other in accordance with the notice provision set forth at Section 17
below. Termination by you will be effective upon your notice to Verizon.
Termination by Verizon shall be effective thirty (30) days after the date of
notice to you, except as otherwise provided in this Agreement. In the event of
termination by Verizon, for any reason, you will be required to pay the
remaining balance of the charges applicable to your Service.
11.2.2.
Termination
and/or Suspension by Verizon. Without prejudice to any other rights that
Verizon may have, Verizon reserves the right and sole discretion to change,
limit, terminate, modify at any time, temporarily or permanently cease to
provide any Service or any part thereof to any user or group of users, without
prior notice and for any reason or no reason. In the event you or Verizon
terminate a Service, you must immediately stop using such Service. In the event
of termination by Verizon, for any reason, you will be required to pay the
remaining balance of the charges applicable to your Service through the
effective date of termination and any applicable early termination fee.
11.2.3.
Deletion
of Data upon Termination. You agree that Verizon has the right to immediately
delete all data, files and other information stored in or for your account
without notice to you in the event of termination of your Service(s) for any
reason. It is your responsibility to remove or back-up to separate media any
stored content prior to closure of your account; otherwise, the content may be
lost.
12.
Regulatory Compliance. In the event there is a ruling, regulation,
or order issued by a judicial, legislative or regulatory body that causes
Verizon to believe that this Agreement may be in conflict with such rules,
regulations, and orders, Verizon may terminate or modify some or all of your
Services and/or this Agreement immediately without notice.
13.
COMPLIANCE WITH LAW AND REMOVAL OF CONTENT. You agree that
Verizon shall have the right, but not the obligation, to monitor use of the of,
and to screen, refuse, move or remove any content transmitted to or from, any
Service for compliance with law or the terms of this Agreement. Content that we
determine is unlawful will be removed or access to your service will be
blocked, and Verizon reserves the right to take any legal action we deem
necessary regarding any such content.
14.
WARRANTIES AND LIMITATION OF LIABILITY.
14.1.
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES SUPPLIED HEREUNDER
IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITH ALL
FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT, VERIZON
(AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES)
(COLLECTIVELY THE "VERIZON PARTIES"), ITS THIRD PARTY LICENSORS,
PROVIDERS AND SUPPLIERS, DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS FOR THE
SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY,
NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS,
COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, AND THOSE ARISING FROM COURSE
OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. ALSO, THERE IS NO
WARRANTY OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. NO ADVICE OR INFORMATION
GIVEN BY VERIZON OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY WITH RESPECT TO
ADVICE PROVIDED.
14.2.
VERIZON DOES NOT WARRANT THAT ANY SERVICE PROVIDED BY VERIZON
WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES,
14.3.
IN NO EVENT SHALL THE VERIZON PARTIES OR VERIZON'S THIRD PARTY
LICENSORS, PROVIDERS OR SUPPLIERS BE LIABLE FOR: (A) ANY INDIRECT, PUNITIVE,
SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION,
LOST PROFITS OR LOSS OF REVENUE, LOSS OF PROGRAMS OR INFORMATION OR DAMAGE TO
DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICES, OR RELIANCE
ON OR PERFORMANCE OF THE SERVICES, REGARDLESS OF THE TYPE OF CLAIM OR THE
NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING
UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF VERIZON HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST
YOU BY ANY OTHER PARTY.
14.4.
THE LIABILITY OF THE VERIZON PARTIES, OR (SUBJECT TO ANY
DIFFERENT LIMITATIONS OF LIABILITY IN THIRD PARTY END USER LICENSE OR OTHER
AGREEMENTS) OUR THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS, FOR ALL
CATEGORIES OF DAMAGES SHALL NOT EXCEED A PRO RATA CREDIT FOR THE MONTHLY FEES
(EXCLUDING ALL TAXES) YOU HAVE PAID TO VERIZON FOR THE SERVICES DURING THE SIX
(6) MONTH PERIOD PRIOR TO WHEN SUCH CLAIM AROSE, WHICH SHALL BE YOUR SOLE AND
EXCLUSIVE REMEDY REGARDLESS OF THE TYPE OF CLAIM OR NATURE OF THE CAUSE OF
ACTION. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULL EXTENT PERMITTED BY
LAW, AND ARE NOT INTENDED TO ASSERT ANY LIMITATIONS OR DEFENSES WHICH ARE
PROHIBITED BY LAW.
14.5.
ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION ALSO
APPLY TO VERIZON'S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, AS THIRD
PARTY BENEFICIARIES OF THIS AGREEMENT.
14.6.
THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE
AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH
AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR
THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR
EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
15.
INDEMNIFICATION. You agree to defend, indemnify and hold
harmless the Verizon Parties from and against all liabilities, costs and
expenses, including reasonable attorneys' and experts' fees, related to or
arising in whole or in part from your use of the Services (or the use of your
Services by anyone else), (a) in violation of applicable laws, regulations or
this Agreement; (b) to access the Internet or to transmit or post any message,
information, software, images or other materials via the Internet; (c) in any
manner that harms any person or results in the personal injury or death of any
person or in damage to or loss of any tangible or intangible (including data)
property; (d)
your breach of your representations and warranties; (e) any
claim that your use of Content infringes or otherwise violates any applicable
laws, rules or regulations, or any third party's intellectual property or other
rights, including, without limitation, personal or privacy rights; or (f) your
violation of this Agreement.
16.
REVISIONS TO THIS AGREEMENT. From time to time we will make
revisions to this Agreement and the policies relating to the Services. We will
provide notice of such revisions by i) posting revisions to the Website
Announcements page or ii) by sending an email to your email address of record,
or both. You agree to visit the Announcements page periodically to review any
such revisions. Changes to this Agreement will be effective on the date noted
in the posting. By continuing to use the Services after revisions are in
effect, you accept and agree to abide by them. If you do not agree to the
revision(s), you must cease use of your Services immediately.
17.
NOTICES. Notices required
under this Agreement shall be provided by you by contacting us as via the
methods set forth in your monthly invoice or in the Contact Us section of
verizon.com. Notice by Verizon to you (including notice of revisions to this
Agreement under Section 3) shall be deemed given when: (a) transmitted to your
primary email address of record; or (b) mailed via the US mail or
hand-delivered to your address on file with us; or (c) when posted to the
Announcements page of the Website.
17.1.
With regard to electronic communications, you and Verizon
further agree that the User ID and/or alias of a sender, contained in an email,
is legally sufficient to verify the sender's identity and the authenticity of
the communication.
18.
GENERAL PROVISIONS.
18.1.
All obligations of the parties under this Agreement, which, by
their nature, would continue beyond the termination of this Agreement,
including without limitation, those relating to Limitation of Liability and
Indemnification, shall survive such termination.
18.2.
Verizon will not be liable for delays, damages or failures in
performance due to causes beyond its reasonable control, including, but not
limited to, acts of a governmental body, acts of God, acts of third parties,
fires, floods, strikes, work slow-downs or other labor-related activity, or an
inability to obtain necessary equipment or services.
18.3.
You may not assign or otherwise transfer this Agreement, or your
rights or obligations under it, in whole or in part, to any other person. Any
attempt to do so shall be void. We may freely assign all or any part of this
Agreement with or without notice and you agree to make all subsequent payments
as directed.
18.4.
You and Verizon agree that the substantive laws of the
18.5.
Use, duplication or disclosure by any Government entity is
subject to restrictions set forth, as applicable, in subparagraphs (a) through
(d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19, FAR
12.212, DFARS 227.7202, or in subparagraph (c)(1)(ii) of the Rights in
Technical Data and Computer Software clause of DFARS 252.227-7013, and in
similar clauses in the NASA FAR Supplement. Contractor/manufacturer is Verizon
or its licensors and suppliers. The use of Software and documentation is
further restricted in accordance with the terms of this Agreement.
18.6.
Verizon's failure at any time to insist upon strict compliance
with any of the provisions of this Agreement shall not be construed to be a
waiver of such terms in the future. If any provision of this Agreement is
determined to be invalid, illegal or unenforceable, the remaining provisions of
this Agreement shall remain in full force and effect and the unenforceable
portion shall be construed as nearly as possible to reflect the original
intentions of the parties.
18.7.
This Agreement, including all Policies referred to herein and
posted on the Website, constitutes the entire agreement between you and Verizon
with respect to the subject matter hereto and supersedes any and all prior or
contemporaneous agreements whether written or oral. No changes by you to this
Agreement shall be effective unless agreed to in a writing signed by an
authorized person at Verizon.
18.8.
Verizon Affiliates. Services in