terms & conditions

Terms and Conditions for Use of This Web Page

 

These Verizon Innovation Center web pages (the "Pages") are maintained by Verizon Wireless. When you or any other person, employee or representative authorized by you (collectively referred to as "You"), use the pages and/or submit an application to become a participant in the Verizon Innovation Center , You accept the terms and conditions stated below (this "User Agreement"). Do not use the pages and/or submit application to become a participant in the Verizon Innovation Center if You do not agree to the terms and conditions of the User Agreement.

 

As set forth below, You acknowledge and agree that the Pages are not (i) an order for products or services, (ii) a commitment to purchase or use any of the products or services in the future, or (iii) a guarantee that any product information, services information, or any other data, submitted by You to Verizon Wireless via the Pages will be treated as confidential or proprietary or protected from disclosure.

 

A.  USE OF THE PAGES

1.  Limited License. Subject to the terms and conditions of this User Agreement, Verizon Wireless grants You a personal, revocable, limited use, non-exclusive, non-transferable, non-sublicensable license to access and use the Pages during the Term (as defined below) of this User Agreement.

 

2.  License Limitations.

You are responsible for providing, at Your own expense, all communications lines, hardware, software, services, and other materials and technology necessary for You to access the Pages. Verizon Wireless shall have no responsibility for any failure of such items or any failure or limitation of the Internet or other computer hardware or software.

 

You are not permitted to download, copy, or otherwise use the Pages, or any information available on the Pages, in whole or part, except as expressly permitted by this User Agreement.

 

You are not permitted to distribute, assign, transfer, or sublicense any right to use the Pages, either in whole or part, to any third party.

 

The source code of the Pages is confidential and proprietary to Verizon Wireless and/or its licensors. Accordingly, You may not decompile, disassemble, reverse engineer or otherwise manipulate the source code for the Pages, and neither may You use any software to derive such source code.

 

3.  Privacy. It is the policy of Verizon Wireless to respect the privacy of its customers and any persons who visit its web sites. For this reason, Verizon Wireless has established a Privacy Statement, the terms of which are available for Your review at the following URL: www.VerizonWireless.com/privacy.html. Said Privacy Statement is incorporated into this User Agreement by this reference.

 

4.  Subject To Change. This User Agreement, the Privacy Statement, and the business policies and practices associated with the use of the Pages are subject to change by Verizon Wireless from time to time. Likewise, Verizon Wireless reserves the right to modify the content on the Pages, without prior notice, at any time. Your use of the Pages is Your agreement to be bound by such changes.

 

5.  Term. The period during which You are entitled to use the Pages (the "Term") begins on the date upon which You agree to the terms and conditions contained in this User Agreement by accessing the Pages. Verizon Wireless reserves the right, in its sole discretion and in addition to any other remedies available to it by law, rule, and regulation, to terminate this User Agreement at any time, without notice, if You breach any of the terms and conditions hereof. Additionally, either You or Verizon Wireless may terminate this User Agreement at any time without cause, however, termination of this User Agreement shall not relieve you of the obligations under this User Agreement that you assumed by using the Pages.

 

6.  Limitations On Use Of The Pages. You acknowledge that the Internet is a network of computers worldwide, and that any information or data submitted by You to Verizon Wireless, or by You to third parties via the Internet, may be routed via third party computers on the Internet. You also acknowledge that Verizon Wireless is not responsible for lapses in online security, and that Verizon Wireless does not assume liability for improper use of Your information or data by third parties.

 

You may view, download, and print content from the Pages subject to the following conditions:

 

  a. the content may be used solely for informational purposes;

 

  b. the content may not be modified or altered in any way; and

 

  c. You may not republish, distribute, prepare derivative works from, or otherwise use the content other than as explicitly permitted herein.

You do not acquire any ownership rights to any content in the Pages by virtue of using the Pages.

Without limiting the generality of the foregoing, in consideration for Verizon Wireless providing access to the Pages, You agree not to use or access the Pages to:

 

  d. violate any applicable law, rule, or regulation;

 

  e. harass, offend, threaten, embarrass, distress, or invade the privacy of any individual or entity;

 

  f. post or transmit any unsolicited commercial, advertising, or promotional materials, including, without limitation, "SPAM" or mass distributions;

 

  g. provide false information to Verizon Wireless or impersonate another person at any point; and/or

 

  h. transmit any material that infringes upon, misuses, and/or misappropriates any third party's copyright, trademark, patent, trade secret, or other intellectual property right.

 

If You, Your employees or Your authorized representatives violate the terms and conditions contained in this User Agreement, Verizon Wireless may, without prior notice and without liability, terminate this User Agreement, terminate Your use of and access to the Pages and/or take any other action deemed appropriate in its sole discretion.

 

7.  Third Party Web Sites And Information. The Pages may provide hyperlinks to third party web sites. Verizon Wireless does not control, endorse, or guarantee content found in such web sites. You agree that Verizon Wireless is not responsible for any content, associated links, resources, or services associated with third party web sites. You further agree that Verizon Wireless shall not be liable for any loss or damage of any sort associated with Your use of or access to third party web sites. Any hypertext links or access to third party web sites are provided for Your convenience only.

 

8.  Disclaimer Of Endorsement. Reference in the Pages to any products, services, processes, hypertext links to third parties, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not necessarily constitute or imply their endorsement, sponsorship, or recommendation by Verizon Wireless. Products, services, processes, and hypertext links information is Your sole responsibility. The Verizon Wireless name and logo and other trademarks and trade names owned by Verizon Communication and/or Verizon Wireless may not be used in any commercial manner without the prior written consent of Verizon Communications and Verizon Wireless.

 

9.  Consent To Monitoring And Disclosure. Verizon Wireless is under no obligation to monitor the information or content available or transmitted through the Pages. However, You agree that Verizon Wireless may monitor such information and content in order to: (a) comply with any applicable laws, rules, or regulations or other governmental orders; (b) to administer the Pages properly; and/or (c) to protect itself, You and other users of the Pages.

 

Should You provide Verizon Wireless or its contractors or agents with information, including, but not limited to, feedback, data, answers, questions, comments, suggestions, plans, ideas, or the like, such information shall be deemed to be non-confidential, and Verizon Wireless assumes no obligation to protect such information from disclosure. Verizon Wireless shall be free to reproduce, use, disclose, and distribute such information to others without restriction, and You acknowledge that Verizon Wireless has absolutely no liability for alleged infringement or misappropriation in connection with such information. The submission of such information to Verizon Wireless shall in no way prevent, or require, the purchase, manufacture, or use of any products, services, plans, or ideas by Verizon Wireless for any purpose whatever.

 

10.  Administration Of Pages. You acknowledge that Verizon Wireless may, from time to time, without notice to You and at its sole discretion, establish various practices, limitations, and restrictions for administering the Pages, including, without limitation, how often the Pages may be accessed. You also agree that Verizon Wireless is not responsible or liable for deactivation or deletion of information or content resulting from, or arising out of, administration of the Pages.

 

 

B. REGISTRATION AND DATA SUBMISSION PROCESS

 

1.  No Confidential Information. No data that You provide to Verizon Wireless via the Pages will be confidential or proprietary. Further, Your confidential use of the Pages cannot be guaranteed by Verizon Wireless, and Verizon Wireless shall not be responsible for any harm that You may suffer as a result of a breach of confidentiality in respect to Your use of the Pages. In other words, Verizon Wireless shall have no obligation to protect from disclosure any data that You supply via the Pages.

 

2.  Obligations Of The Parties. Verizon Wireless shall have no obligation to use any of the data provided by You via the Pages as part of the Application and neither shall it have any other obligation to You by virtue of Your provision of the data.

 

C.  GENERAL TERMS

 

1.  Trademarks. The Verizon Wireless name, trade names, trademarks, and logo, as well as all related product and service names, design marks, and slogans, are the property of Verizon Communications and/or Verizon Wireless. All other names, marks, and logos are the names, marks, and logos of their respective owners. All right, title, and interest, including, without limitation, all copyrights, trademarks, and other intellectual property rights, in the Pages belong to Verizon Wireless or any third party suppliers (or other licensors).

 

2.  Copyright. The information and content available on or accessible through the Pages is the copyrighted property of Verizon Wireless, its licensors, a vendor or other applicable licensor. Permission to copy and distribute such information and content is granted subject to the following restrictions: (a) the information and content is provided for personal, non-commercial use only; and (b) any copies of the information and content made by You with the permission of Verizon Wireless must include the appropriate copyright notice. This copyright notice is as follows: "Copyright© 2009 Verizon Wireless. All rights reserved." You may access the Verizon Wireless copyright policy at https://www.VerizonWireless.com/copyright.html.

 

All information and content made available on or accessible through the Pages may contain other proprietary notices or describe products, services, processes, or technologies owned by Verizon Wireless or third parties. Nothing contained in this User Agreement shall be construed as granting You a license under any copyright, trademark, patent, or other intellectual property right of Verizon Wireless, Verizon Communications or any third party.

 

The Pages and the information and content within the Pages are the property of Verizon Wireless or its suppliers and they are protected by United States copyright laws and international treaty provisions. The compilation, organization, and display of the information and content, as well as all software and inventions used on and in connection with the Pages, are the exclusive property of Verizon Wireless. Verizon Wireless reserves all rights in the Pages and the content available via the Pages which are not specifically granted in any agreements with Verizon Wireless or in this User Agreement.

 

3.  Limitation Of Liability. 

VERIZON WIRELESS, AND ITS OFFICERS, EMPLOYEES, CONTRACTORS, SUPPLIERS, AGENTS, SUBSIDIARIES, AND AFFILIATES, WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM AN INABILITY TO ACCESS OR USE THE PAGES AND/OR THE LOSS OF ANY INFORMATION OR CONTENT AVAILABLE ON OR ACCESSIBLE THROUGH THE PAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORTIOUS ACTION OR LEGAL BASIS, ARISING OUT OF OR IN CONNECTION WITH THE INFORMATION OR CONTENT AVAILABLE ON OR ACCESSIBLE THROUGH THE PAGES, EVEN IF VERIZON WIRELESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE AND ACKNOWLEDGE 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 PAGES.

 

In no event will the aggregate, total liability of Verizon Wireless for damages, injury, losses, and causes of action, whether in contract, tort, or otherwise, arising from or relating to access or use of the Pages exceed One Hundred Dollars ($100.00). Because some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, some of the above limitations may not apply in those jurisdictions. In such jurisdictions, Verizon Wireless' liability is limited to the greatest extent permitted by law.

 

4.  Disclaimer Of Warranties. 

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE PAGES AND THE INTERNET GENERALLY. ACCESS TO AND/OR USE OF INFORMATION, CONTENT, PRODUCTS AND/OR SERVICES PROVIDED ON OR AVAILABLE THROUGH THE PAGES ARE PROVIDED OR MADE AVAILABLE 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, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY VERIZON WIRELESS, ITS PARENT, ITS AFFILIATES, OR ITS CONTRACTORS OR AGENTS SHALL CREATE ANY WARRANTY. FURTHER, NEITHER VERIZON WIRELESS NOR ITS AFFILIATES OR CONTRACTORS WARRANT THAT INFORMATION, CONTENT, PRODUCTS, AND/OR SERVICES PROVIDED ON OR AVAILABLE THROUGH THE PAGES WILL BE UN-INTERRUPTIBLE, ACCURATE, COMPLETE, USEFUL, FUNCTIONAL, OR ERROR FREE, OR THAT ANY SOFTWARE OR OTHER MATERIAL PROVIDED ON OR AVAILABLE THROUGH THE PAGES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

Any Verizon Wireless information or content available or transmitted through the Pages may include technical inaccuracies or typographical errors. Verizon Wireless has the right to make changes and updates to any of this information or content without notice at any time.

 

5.  Indemnification. You agree to indemnify and hold Verizon Wireless, its parent, its affiliates, and/or its contractors and agents harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your access to or use of the Pages, the violation by You of this User Agreement, or the infringement by You of any intellectual property or other right of any person or entity.

 

6.  Severability. In the event that any provision of this User Agreement is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any of the remaining provisions shall not in any way be affected or impaired, and a valid, legal, and enforceable provision of similar intent and economic impact shall be substituted therefore.

 

7.  Jurisdiction Statement. Verizon Wireless does not conduct business in those individual States where it does not offer wireless service, and it does not agree to the jurisdiction of the State court in those individual States. Further, Verizon Wireless does not consent to the jurisdiction of such State courts merely by virtue of its operating and transmitting the Pages.

 

8.  Publicity. Nothing contained in this User Agreement shall be construed as granting to You any right to use or refer to in advertising, publicity, promotion, marketing, or other activities, any name, trade name, trade or service mark, or any other designation of Verizon Wireless, including any contraction, abbreviation or simulation of any kind of the foregoing, unless Verizon Wireless first provides its prior written consent to such usage.

 

9.  International Use. Verizon Wireless does not represent that all information and data accessible via the Pages is appropriate or available 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 such information and data from such locations act on their own initiative, and Verizon Wireless is not responsible for their compliance with local laws or other applicable legal or regulatory restrictions. You agree that You will not access the foregoing where prohibited by applicable law, rule or regulation.

 

10.  Governing Law. The Pages shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law provisions. If any provision(s) of this User Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

 

11.  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 lawsuit relating 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.

 

12.  Security. You may establish a profile or account via the Pages that may be protected by a user identification code and/or password. You are responsible for maintaining the confidentiality and security of Your user identification code and/o password, as well as other profile and/or account information, and You are fully responsible for all conduct carried out under the profile and/or account. Verizon Wireless is not liable for any loss of confidentiality or for any damages arising from your failure to comply with these terms.

 

13.  Miscellaneous. Should You be unwilling to accept the terms and conditions of this User Agreement after initialing accepting such terms and conditions, You may terminate this User Agreement at any time and stop using the Pages. Verizon Wireless' failure to exercise or enforce any right or provision of this User Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Verizon Wireless in writing.

 

Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this User Agreement.

 

You and Verizon Wireless agree that any cause of action arising out of or related to Your access to or use of the Pages must commence within one (1) year after the cause of action arises, otherwise, such cause of action is permanently barred. Because some jurisdictions do not permit such time bars, this limitation may not apply in all situations.

 

If any provision(s) of this User Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

 

If You have any questions regarding this User Agreement, please contact Verizon Wireless at www.verizonwireless.com