Charges. Digital Collectibles is provided free of charge. Data charges may apply when you access the Digital Collectibles over a cellular network. You are responsible for all data or service charges in connection with use of the Digital Collectibles. Global Data charges will apply when for use outside of the US. Visit www.vzw.com/global for more information.
Ownership, Licenses, and Restrictions. Digital Collectibles and the content contained therein are the property of Verizon or its licensors. Digital Collectibles and all content, materials, and software incorporated therein are protected by copyrights, patents, trademarks, trade secrets, and other intellectual property laws and proprietary rights. You are granted a limited personal, noncommercial, nonexclusive, non-transferable, non-assignable, non-sublicenseable and revocable license to access and use the Digital Collectibles for its intended use. You may not sell, resell, reproduce, distribute, display, perform, record, sublicense, loan, lease, otherwise transfer, alter, modify, merge, adapt, copy, translate, publish, export, create derivative works of, make any commercial use of, reverse engineer, decompile, attempt to derive the source code, disassemble the Digital Collectibles or any software that is part of the Digital Collectibles, attempt to disable or circumvent any digital rights management mechanism or other content protection measures or otherwise exploit any part of the Digital Collectibles. Receipt of a Digital Collectibles, whether via the Digital Collectibles or otherwise, does not give you any rights or licenses in or to the Digital Collectibles other than those expressly contained in this Agreement. All rights not expressly granted to you herein are reserved. Your use of the Digital Collectibles must comply with all applicable laws, rules and regulations. We may revoke this license at any time without notice.
Except as expressly set forth herein, your use of the Digital Collectibles does not grant you ownership of or any other rights with respect to any content, code, data or other materials that you may access on or through the Digital Collectibles. We reserve all rights that are not expressly granted to you in these Terms.
Source code for parts of the Digital Collectibles may be available for use, modification, and distribution under certain open source licenses. Certain functionality or technical components may be licensed from third parties, and may be covered by one or more U.S. Patents, pending U.S. patent applications, and pending counterpart European and international patents.
You may choose to provide feedback about the Digital Collectibles, including without limitation comments, ideas, how to improve Digital Collectibles or other feedback (collectively, "Feedback"). By providing any Feedback, you agree that we are free to use such Feedback without additional compensation to you, and to disclose such Feedback to third parties (whether on a non-confidential basis or otherwise). You hereby grant us a perpetual, irrevocable, nonexclusive, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose.
You agree that you may not, nor permit any third party to do or attempt to do any of the foregoing with the Digital Collectibles without our (or, as applicable, our licensors') express prior written consent in each case: (a) advertise, market or sell any third party product or service; (b) in connection with text, images, videos or other forms of media that depict hatred, intolerance, violence, cruelty or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others; (c) use in movies, videos or any other forms of media, except to the limited extent that such use is expressly permitted in these Terms or solely for your own personal, non-commercial use; (d) sell, distribute for commercial gain or for your or any third party’s commercial benefit; or (e) attempt to trademark, copyright or otherwise acquire additional intellectual property rights in or to the Digital Collectibles.
Branding. All trademarks, service marks, trade names, logos, domain names, and any other features of Verizon's brand are the property of Verizon. Verizon does not grant any branding rights to you, and you may not remove or alter any copyright, trademark, or other intellectual property notices pertaining to the Digital Collectibles.
Termination. We may limit, suspend, terminate or discontinue Digital Collectibles or any of its features or content, at any time, for any reason, without notice. Upon any such activity, whether by you or us, you may no longer have access to information accessible through Digital Collectibles or your account, and you acknowledge that we will have no obligation to maintain or forward any such information to you or to any third party. You agree that we will not be liable to you or to any third party for any such suspension, termination or discontinuation of Digital Collectibles including you not being able to access Digital Collectibles or other information accessible through the Digital Collectibles.
Disclaimer of Warranties. DIGITAL COLLECTIBLES ARE PROVIDED 'AS IS', WITHOUT WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND BY EITHER VERIZON OR ITS LICENSORS. VERIZON AND ITS LICENSORS MAKE NO WARRANTY, EITHER EXPRESS OR IMPLIED, AS TO THE ACCURACY, AVAILABILITY, COMPLETENESS, USEFULNESS, SECURITY, RELIABILITY, INTEROPERABILITY, OR THAT DIGITAL COLLECTIBLES WILL BE UNINTERRUPTED, VIRUS FREE, OR COMPATIBLE WITH YOUR DEVICE OR THAT IT WILL MEET YOUR EXPECTATIONS AT ALL.
Limitation of Liability. THE FOLLOWING LIMITATIONS SHALL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE DIGITAL COLLECTIBLES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR REVENUES, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, LOSS, MISUSE OR DISCLOSURE OF CONFIDENTIAL INFORMATION, BUSINESS INTERRUPTION, LOSS OF PRIVACY, CORRUPTION OR LOSS OF DATA, FAILURE TO RECEIVE OR BACK UP YOUR DATA (OR ARCHIVED DATA) OR ANY OTHER PECUNIARY LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO DIGITAL COLLECTIBLES. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Indemnification. You agree to indemnify, defend and hold Verizon harmless from any claim, proceeding, loss, damage, liability or expense of any kind arising out of or in connection with the following: (a) your use or misuse of Digital Collectibles; (b) your alleged or actual breach of the Agreement; (c) your alleged or actual violation of applicable rules, laws or regulations; (d) your negligence or willful misconduct; or (e) your alleged or actual infringement of the intellectual property or other rights of third parties. We reserve the right, at your expense, to assume the exclusive defense and control of any matter which you are required to indemnify, and you agree to cooperate in that defense.
Export Compliance. Digital Collectibles may be subject to U.S. export control laws and regulations. You represent that you are not a citizen of an embargoed or sanctioned country nor are you a prohibited or restricted end user under applicable U.S. export laws, regulations and lists. You will not use, export or allow a third party to use or export Digital Collectibles in any manner that would violate applicable law, including, but not limited to, applicable export control laws and regulations. You further agree to comply with U.S. export laws concerning the transmission of technical data and other regulated materials in using Digital Collectibles.
Driving Safety. We are not responsible for use of the mobile phone while driving. Safe driving is your responsibility and should always be your first priority. Use of your mobile phone or other electronic devices while driving can cause distractions, even if you are using hands free devices.
Arbitration. We hope to make you a happy customer, but if there's an issue that needs to be resolved, this section outlines what's expected of both of us. You and Verizon both agree to resolve disputes only by arbitration or in small claims court. You understand that by this Agreement you are giving up the right to bring a claim in court or in front of a jury. While the procedures may be different, an arbitrator can award you the same damages and relief, and must honor the same terms in this Agreement, as a court would. If the law allows for an award of attorneys' fees, an arbitrator can award them too. We also both agree that:
(1) The Federal Arbitration Act applies to this Agreement. Except for small claims court cases, any dispute that in any way relates to or arises out of this Agreement, or from any equipment, products and services you receive from us, or from any advertising for any such products or services, or from our efforts to collect amounts you may owe us for such products or services, including any disputes you have with our employees or agents, will be resolved by one or more neutral arbitrators before the American Arbitration Association ("AAA") or Better Business Bureau ("BBB"). You can also bring any issues you may have to the attention of federal, state, or local government agencies, and if the law allows, they can seek relief against us for you. This Agreement to arbitrate continues to apply even after you have stopped using Digital Collectibles or receiving service from Verizon.
(2) Unless you and Verizon agree otherwise, the arbitration will take place in the county of your billing address. For claims over $10,000, the AAA's consumer arbitration rules will apply. For claims of $10,000 or less, the party bringing the claim can choose either the AAA's consumer arbitration rules or the BBB's rules for binding arbitration or, alternatively, can bring an individual action in small claims court. You can get procedures, rules and fee information from the AAA (www.adr.org), the BBB (www.bbb.org) or from us. For claims of $10,000 or less, you can choose whether you'd like the arbitration carried out based only on documents submitted to the arbitrator, or by a hearing in person or by phone.
(3) This Agreement doesn't allow class for collective arbitrations even if the AAA or BBB procedures or rules would. Notwithstanding any other provision of this Agreement, the arbitrator may award money or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. No class or representative or private attorney general theories of liability or prayers for relief may be maintained in any arbitration held under this Agreement. Any question regarding the enforceability or interpretation of this paragraph shall be decided by a court and not the arbitrator.
(4) If either of us intends to seek arbitration under this Agreement, the party seeking arbitration must first notify the other party of the dispute in writing at least 30 days in advance of initiating the arbitration. Notice to Verizon should be sent to Verizon Wireless Dispute Resolution Manager, One Verizon Way, Basking Ridge, NJ 07920. The notice must describe the nature of the claim and the relief being sought. If we are unable to resolve our dispute within 30 days, either party may then proceed to file a claim for arbitration. We'll reimburse any filing fee that the AAA or BBB charges you for arbitration of the dispute. If you provide us with signed written notice that you cannot pay the filing fee, Verizon will pay the fee directly to the AAA or BBB. If that arbitration proceeds, we'll also pay any administrative and arbitrator fees charged later.
(5) We may, but are not obligated to, make a written settlement offer any time before the arbitration hearing. The amount or terms of any settlement offer may not be disclosed to the arbitrator until after the arbitrator issues an award on the claim. If you don't accept the offer and the arbitrator awards you an amount of money that's more than our offer but less than $5,000, or if we don't make you an offer, and the arbitrator awards you any amount of money but less than $5,000, then we agree to pay you $5,000 instead of the amount awarded. In that case we also agree to pay any reasonable attorneys' fees and expenses, regardless of whether the law requires it for your case. If the arbitrator awards you more than $5,000, then we will pay you only that amount.
(6) An arbitration award and any judgment confirming it apply only to that specific case; it can't be used in any other case except to enforce the award itself.
(7) If for some reason the prohibition on class arbitrations set forth in subsection (3) cannot be enforced as to all or part of a dispute, then the agreement to arbitrate will not apply to that dispute or part of the dispute.
(8) If for any reason a claim proceeds in court rather than through arbitration, you and Verizon agree that there will not be a jury trial. You and Verizon unconditionally waive any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to this Agreement in any way. In the event of litigation, this paragraph may be filed to show a written consent to a trial by the court.
No Third Party Beneficiaries. This Agreement does not and are not intended to confer any rights or remedies upon any person or entity other than you.
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.
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