ANIMATED MESSAGING USE AGREEMENT
Your use of Verizon Wireless Animated Messaging, is subject to the following terms and conditions, which supplement your Customer Agreement and digital Calling Plan terms of use. In the event of any conflict between these terms and conditions and your Customer Agreement or digital Calling Plan, these terms and conditions will control solely with respect to the subject matter addressed herein. Do not use the service if you do not agree to these terms and conditions ("AGREEMENT"). Your use of Animated Messaging is subject to the Verizon Wireless Privacy and Copyright policies found at www.verizonwireless.com/copyright.html and www.verizonwireless.com/privacy.html . You acknowledge that Verizon Wireless does not pre-screen any content used by you or other users of the service. Verizon Wireless shall have the right (but not the obligation) in its sole discretion to refuse or remove any messages, content and/or communications and to investigate reports of misuse, abuse or other violations related to this Agreement.
About You. Animated Messaging is solely for personal non-commercial use by adult users. By using Animated Messaging, you represent that you are either at least 18 years old, or at least 13 years old and have a parent or guardian's permission to register and use the service.
Your Password. Use of Animated Messaging requires that you register and/or login to use this service. You are responsible for maintaining the confidentiality of your password, and for all activities performed using your password. You are responsible for immediately notifying Verizon Wireless if your password is stolen. In the absence of such notice, Verizon Wireless may assume that you have authorized all access to and usage of the service that occurs through the use of your password. Notwithstanding the above, Verizon Wireless reserves the right to take any action it deems necessary or reasonable, in its sole discretion and without notice, to ensure the security of the service, including, without limitation, terminating your access to the service, changing your password, or requesting additional information regarding your use of the service.
Premium Animated Messages. You understand and agree that additional fees and charges apply to certain features within Animated Messaging. Fees and charges will be disclosed to you at the time such fees and charges are incurred and upon acceptance will be billed directly to your Verizon Wireless monthly invoice.
Your Content. You understand and agree that any and all content that you store, transmit, display, or access on or through Animated Messaging is governed by all applicable laws (including without limitation copyright, obscenity, and child abuse/pornography laws). By using the service, you agree not to do any of the following: (i) store on or send from Animated Messaging any files, data or information that contain content that is infringing on any third party intellectual property rights, unlawful, threatening, abusive, hateful, libelous, defamatory, obscene, pornographic, profane or otherwise offensive; (ii) use Animated Messaging for the purpose of transmitting any form of unsolicited commercial email or "spam," or offering fraudulent goods, services, schemes or promotions; (iii) store, transmit or display harmful content, including, without limitation, viruses, Trojan horses, worms, time bombs, or any other computer programming routines or code that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.
Rights, Responsibilities and Limitations. You understand and agree that: (i) Verizon Wireless does not control, is not responsible and assumes no liability for any content stored, transmitted or displayed by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, vulgarity or profanity you may encounter through use of the service; (ii) all content that is uploaded, downloaded, stored, published, transmitted, reproduced, displayed or distributed on the service is the sole responsibility of the person who uploaded, downloaded, stored, published, transmitted, reproduced, displayed or distributed it; (iii) downloading and uploading content to the service is done at your own risk (and Verizon Wireless makes no warranties regarding the security of your content, which may be deleted, modified, or damaged, and you are solely responsible for any loss or damage to your files or to your computer that may result in whole or in part from your use of the service); (iv) by providing access to content on the service, Verizon Wireless is not providing you with permission to copy, display or distribute material for which you do not own the copyright (and you may not copy, display or distribute such material without the written consent of the copyright owner, and you are solely responsible for any copyright violations that you may incur as a result of your activities on Animated Messaging); (v) Verizon Wireless has no obligation to monitor your or others' content but reserves the right at all times and without prior notice to review any and all content, to disclose content as necessary to satisfy any laws, regulations or government requests and to report any potential or actual violations of law to law enforcement authorities, to refuse to post or transmit files or content, to remove without notice content that is, in Verizon Wireless' sole judgment and discretion, objectionable or in violation of this Agreement. Violations will not be tolerated and Verizon Wireless shall, in its sole discretion have the unilateral right to disclose to third parties all information it deems necessary to address any violations and/or to prevent further violations.
License. In order to make your content available to others, you grant Verizon Wireless a perpetual, universal, non-exclusive right to copy, display, modify, transmit, make derivative works of and distribute any of your content for the purpose of providing the Service. As between Verizon Wireless and you, you own your content and Verizon Wireless owns all right, title and interest (including all intellectual property rights) in and to Animated Messaging and the technology, information, documents, files, web pages and other products developed in connection with the service.
Representations and Warranties. By using Animated Messaging, you represent and warrant that: (i) you will comply with all applicable laws, rules and regulations while using the service; (ii) with respect to any content that you store, transmit or display through Animated Messaging, and which includes images, photographs, pictures or videos of persons other than you, that each person depicted in such content has provided consent to the use of the content as set forth in this Agreement; (iii) you have all right, title and interest in and to all copyrights in the content you store, transmit or display on the WEBSITE, or the express permission to copy and use such content for all purposes related to the Service, and that the content does not violate or infringe upon any rights of others; (iv) your use of the WEBSITE is limited to personal, noncommercial use, and that you will not sell or resell access to or use of the WEBSITE; and (v) you agree not to translate, reverse engineer, reverse compile, disassemble or create derivative works from software programming contained in the WEBSITE.
Indemnification. You agree to indemnify and hold harmless Verizon Wireless, its parents, subsidiaries, affiliates, officers, employees, licensors, contractors and users from and against any and all losses, damages, and/or costs, including reasonable attorneys' fees and expenses, that arise or relate in whole or in part to: (i) your breach of the foregoing representations and warranties; (ii) any claim that your content (or your use thereof) infringes or otherwise violates a third party's intellectual property or any other rights, including, without limitation, personal or privacy rights; or (iii) your violation of this Agreement.
No Warranties. Any Verizon Wireless material on the WEBSITE may include technical inaccuracies or typographical errors. Verizon Wireless has the right to make changes and updates to any Verizon Wireless material contained without prior notice. ALL CONTENT STORED, TRANSMITTED OR DISPLAYED ON THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability. UNLESS OTHERWISE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL VERIZON WIRELESS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF VERIZON WIRELESS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE. IN JURISDICTIONS THAT PROHIBIT THE EXCLUSION OF ANY OF THE FOREGOING WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, YOU AGREE THAT THE TOTAL LIABILITY OF VERIZON WIRELESS AND ITS SUPPPLIERS FOR DAMAGES, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, PRODUCTS LIABILITY OR ANY OTHER THEORY, WILL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100.00). YOU ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS ON THE LIABILITY OF VERIZON WIRELESS REFLECT A REASONABLE ALLOCATION OF RISK AND THAT SUCH ALLOCATION OF RISK IS A SIGNIFICANT INDUCEMENT FOR VERIZON WIRELESS TO ALLOW YOU TO ACCESS AND USE THE WEBSITE.
Jurisdiction Statement. Verizon Wireless does not conduct business in states where it does not offer service as a wireless telecommunications carrier, and it does not agree to the jurisdiction of state courts in states where it does not offer such service. Verizon Wireless, therefore, does not consent to the jurisdiction of such state courts merely by virtue of maintaining and operating websites and providing other content and information on the World Wide Web.
International Use. Verizon Wireless does not represent that all information and content available on or accessible through Animated Messaging is appropriate for use in all geographic locations, especially some locations outside the United States, and accessing such from certain locations may be illegal and prohibited. Those who do access or use Animated Messaging from those locations act on their own initiative and Verizon Wireless is not responsible for compliance with applicable laws, rules and regulations.
Governing Law. This Agreement is governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law provisions. YOU AND VERIZON WIRELESS CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT LOCATED IN NEW YORK, NEW YORK, FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SERVICE. If any provision(s) of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid and enforceable, and the legality, validity, and enforceability of all other provisions of this Agreement shall not be affected thereby. You acknowledge and agree that any cause of action arising out of, or related to the service, must commence within one (1) year after the cause of action arose, otherwise, such cause of action is permanently barred.
Copyright Infringement/Repeat Infringer Policy. Verizon Wireless respects the rights of third parties, including those granted under the United States copyright laws, and the interests of its subscribers and content providers on the Internet. You may not store material of any type or in any format on, or disseminate such material over, Verizon Wireless' systems or servers in any manner that constitutes an infringement of third party intellectual property rights, including rights granted under the United States copyright laws. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the policy of Verizon Wireless to terminate, in appropriate circumstances, the service provided to any subscriber or account holder who is deemed to infringe third party intellectual property rights, including repeat infringers. In addition, Verizon Wireless expressly reserves the right to terminate or suspend the service of any subscriber or account holder if Verizon Wireless, in its sole judgment, believes that circumstances relating to the infringement of third party intellectual property rights warrant such action. This policy is in addition to and does not affect or modify any other rights Verizon Wireless may have under law or contract. If you believe that copyrighted material has been used in violation of this policy or otherwise been made available in a manner that is not authorized by the copyright owner, its agent or the law, please follow the instructions for contacting Verizon Wireless' designated Copyright Agent as set forth in Verizon Wireless' Copyright Policy.
Termination. Verizon Wireless reserves the right in its sole discretion to restrict your access to the Website and/or terminate your wireless service without notice for any violation or threatened violation of this Agreement.
Changes. Verizon Wireless reserves the right to revise this Agreement or impose new conditions at any time. Such revisions will be effective immediately upon notice by any means, including, but not limited to, posting on its website. Your access to and use of the service following such notice will constitute your acceptance of the revised terms and conditions.
Last Updated 07/2009
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