This AppFlash service ("the Service" or "AppFlash") is provided by Verizon Wireless ("VZW") so that you can receive certain content including recommendations (the "Content"). This Service is solely for your use and is subject to this license agreement (the "Agreement"). YOUR USE OF THE SERVICE IS YOUR ACCEPTANCE OF THIS AGREEMENT.
Limited License. Subject to this Agreement, Verizon Wireless grants you a license for your individual, private, non-commercial use of the Service on the device upon which the Service was originally installed.
Other Agreements; Charges for use of the Service. Your use of the Service is subject to your Customer Agreement with VZW. Use of the Service may require be billed based on your price plan and usage. Billing. Data that is used when downloading and using the hum Mobile App and when using the hum website through a mobile browser will be billed according to the service plan you have with your wireless carrier.
Use Free of Data Charges. We may offer promotions and/or plans that allow you to utilize portions of the Service without incurring data use charges from your wireless provider ("Sponsored Data"). The Sponsored Data promotion or plan may have certain conditions or limitations. The conditions or limitations applicable to a specific Sponsored Data promotion or plan will be described in accompanying marketing or other materials. If you are a Verizon Wireless post-paid customer and you are utilizing the then-current version of the Service, you can stream any virtualized applications within AppFlash ("Sponsored Activities") without incurring Verizon Wireless data usage charges so long as you are connected to LTE. Other activity that does not involve Sponsored Activities, such as launching and using a third-party app, viewing settings, and accessing websites on your mobile device, may incur data usage charges. This offer is not available to Verizon Wireless pre-paid customers, customers of other wireless carriers, Verizon Wireless customers who take their devices outside the United States, Verizon Wireless customers accessing AppFlash over a VPN ("virtual private network") or when a Verizon Wireless device is not on LTE. This offer is subject to change. By taking advantage of this Sponsored Data offering, you acknowledge these limitations on the scope of the offering.
Our Right To Terminate, Suspend Or Modify Promotions. We reserve the right to terminate, suspend or modify any promotion offered to you by us or in conjunction with an affiliate if it is subject to challenge or allegation by a regulatory or enforcement agency as violating law, regulation or public policy. You agree that we will not be liable if this occurs.
Content Availability. The Service utilizes, in whole or in part, the public Internet and third-party networks to transmit Content and other data. The Internet and other networks may not be secure and you should take adequate measures to protect any of your data from loss. The Content may be interrupted or limited by us at our discretion or may otherwise not display properly due to variables beyond our control including, but not limited to, the speed and availability of your wireless or broadband network connection. We hope you do not experience delays or technical difficulties but you could because of those variables, as well as the technical limitations of the electronic devices on which you view the Content. NEITHER THE SERVICE NOR ITS SUPPLIERS WILL HAVE ANY LIABILITY FOR INTERRUPTION, DELAY OR SUSPENSION OF ACCESS TO OR UNAVAILABILITY OF CONTENT, OR ANY LOSS OF SUCH INFORMATION, DATA OR TRANSMISSIONS.
- Other Verizon affiliates, including AOL, may use your AppFlash information as permitted by the Verizon and AOL privacy policies. This includes using your information to provide relevant advertising to you in the AppFlash app or in other places. The Verizon and AOL privacy policies explain your choices about receiving ads outside of AppFlash.
- To help you connect with other AppFlash users, we may ask for additional information, such as contacts on your device.
Advertising. AppFlash is provided free to you as the service is supported by advertisements. We may use information you provide and information collected through your use of AppFlash to deliver more relevant ads. We may also combine this data with data obtained by other Verizon affiliates or third-parties in deciding which ads to serve you in AppFlash. AppFlash is not responsible for the products or services provided by advertisers. Any dealings you have with advertisers while using AppFlash or otherwise are between you and the advertiser, and AppFlash is not liable for any loss or claim that you may have against an advertiser.
Restrictions on Use. You may not, or allow others to, adapt, alter, modify, de-compile, reverse engineer, translate, or create derivative works of the AppFlash software. You may not, or allow others to, use the Service outside of the U.S. (including its territories and possessions).
Ownership. VZW and/or the providers of the Content displayed within the Service retain exclusive ownership of all proprietary and intellectual property rights worldwide, in and to the Content. All rights not expressly granted are reserved.
Termination. VZW may terminate or discontinue the Service or any portion thereof at any time, including if you breach this Agreement.
No Warranties. The Service is provided on an 'as is' and 'as available' basis. We make no representations or warranties, express or implied, including, to the extent permitted by applicable law, any implied warranty of merchantability or fitness for a particular purpose, about the Service. We do not warrant that the Service will work perfectly or will not need occasional upgrades or modifications, or that it will not be negatively affected by various factors such as wireless network and internet performance.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE ADDITIONAL RIGHTS.
Limitation of Liability. You agree to limit any claims against VZW, its affiliates, employees and third-party licensors for damages or other monetary relief to direct damages, subject to the limitations stated in this section. This limitation and waiver will apply regardless of the theory of liability. That means you will not try to seek and will not obtain any: indirect or consequential damages, including lost profits and income, lost savings, loss of facilities and core equipment damages, loss of goodwill, damage to reputation, and loss of opportunities; indirect and special damages, including business interruption; treble; or punitive damages from us. This limitation and waiver also applies if you bring a claim against one of our providers or suppliers, to the extent we would be required to indemnify the supplier for the claim.
You agree that we aren't responsible for problems caused by you or others, or by any act of God. Any damages that may be payable to you will be limited under this limitation of damages.
VZW's, including its affiliates, employees and third-party licensors, maximum, aggregate liability and that of its suppliers to you for any cause of action or claim whatsoever, arising out of or relating to this Agreement, VZW or support services, regardless of the form of action shall be limited to the greater of $100 or an amount equivalent to any charges paid by you under the applicable VZW plan during the 6-month period prior to when such claim arose. Some jurisdictions do not permit the exclusion of certain warranties or the limitation or exclusion of consequential or incidental damages. In these jurisdictions our liability shall be limited to the maximum extent permitted by law.
We are not responsible for any third-party websites, links or services. The Service may contain Content, ads or other information that is served by someone else or links to third party content or web sites that we do not control. Any web sites linked to or from VZW are not reviewed, controlled, or examined by VZW and VZW is not responsible for the contents of any such sites or any links. VZW is not responsible for and does not endorse the content posted by users such as pictures and text comments. You may be exposed to posts and other materials you find offensive, inappropriate or even harmful. VZW is not responsible for the privacy practices employed by or services offered by any third party.
Your Indemnification Obligations. You agree to indemnify and defend VZW, its affiliates, directors, employees, agents, contractors, third-party licensors and its suppliers ("Indemnitees") and hold Indemnitees harmless from any damages, costs (including attorneys' and experts' fees) and liabilities incurred from any claim, lawsuit or cause of action of any sort arising from your use of VZW, or the use of your account by others, or breach of this Agreement. In such event, you agree to conduct the defense and to control the litigation and settlement, if any; provided that you may not agree to any judgment or enter into any settlement that adversely affects our rights or interests or requires Indemnitees to admit any liability or to pay money or offer in-kind services without our prior written consent. We agree to give you prompt notice of all claims and to cooperate in defending against the claim. THE INDEMNITEES AND YOU DISCLAIM ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, RELYING INSTEAD ON THE TERMS OF THIS SECTION.
Third Party Beneficiaries. ALL LIMITATIONS OF LIABILITY, INDEMNITIES AND DISCLAIMERS STATED IN THIS AGREEMENT ALSO APPLY TO VZW'S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT.
Copyright. All Service Content, including graphics, text, images, logos, audio and video materials, and software, as well as the compilation of the content, is the property of VZW and/or the providers of the Content displayed within the Service and is protected by U.S. and international copyright laws.
Trademarks. "Verizon," "Verizon Wireless," "AppFlash" and "Evie" are all trademarks, service marks and/or registered trademarks of Verizon Wireless and/or their respective owners. No license is granted to you in this Agreement, either expressly or implicitly, to use any trademark, service mark, names or logos used in the Service.
Applicable Law. The laws of the State of New York, excluding its conflicts-of-law rules, govern this Agreement, and you expressly agree that jurisdiction for any claim or dispute arising under this Agreement shall reside in the federal and state courts in New York County, New York.
Safety. Please do not endanger yourself and others by using the Service while driving or engaging in any other activity that requires your full attention.