How the Service Works. The Service and permits you to store, manage and access content you have created or that you have the right to access and copy on multiple platforms (“Content”). The Service can be accessed in the following ways: (i) through a mobile application (the “Mobile App”), (ii) by logging into My Verizon, or (iii) by downloading computer software from www.vzw.com/cloud (the “Computer Client”). Not all Service features are available through all access methods. If you are on the Verizon network while using the mobile application, data charges may apply, depending on the terms of your data plan of feature. Your device type (e.g., smartphone, tablet) and operating system (e.g., Android, iOS) determine: (i) the types of Content you can back up, (ii) the device locations from which Content is backed up, and (iii) whether Content is manually or automatically backed up. Details are available in the Service FAQs at: http://www.vzw.com/support/faqs/FeaturesandOptionalServices/cloud.html.
If you choose to back up text and multimedia messages, the initial backup will include only messages transmitted during the last 90 days. After that, any new messages will be backed up in accordance with the schedule you select.
Your ability to view and delete Content in the Service varies by Content type:
- Messages and call logs can only be viewed and deleted in the applications in which they were created. They will be stored in the Service until the following actions occur: (i) you delete them on your device and (ii) you complete a manual backup (or your next automatic backup occurs).
- Contacts can be viewed in the Service and can be deleted in My Verizon or the application in which they were created. Contacts will be stored in the Service until the following actions occur: (i) you delete them on your device or in My Verizon and (ii) you complete a manual backup (or your next automatic backup occurs).
- Pictures, videos, music and documents can be viewed and deleted in the Service. Deleting these types of Content on your device will not delete them in the Service, and deleting them in the Service will not delete them on your device.
Content. By using the Service, You grant a non-exclusive, fully-paid and royalty-free, sublicensable, assignable, irrevocable worldwide license to provide all facilities and to enable those facilities to take all actions with respect to Content that may be necessary or reasonable to provide, or to facilitate the provision of, the Service, pursuant to any current and future patents, copyrights and trademarks owned or licensable by You, to the extent necessary for Us to exercise any license right granted herein, including, without limitation:
- storing and retrieving the Content;
- making the Content available to You;
- conforming to connecting networks’ technical requirements;
- transferring your Content from one mobile device you own to another mobile device you own; and
- transcoding Content into a viewable or otherwise appropriately perceptible format.
You are solely responsible for your Content and your actions in connection with your or other users’ Content. We don’t control or endorse your or other users’ Content. We are not obligated to screen or monitor Content, but we reserve the right to do so, and to remove any Content without notice and in Our sole discretion. If you choose to use the Service to transfer Content between your mobile devices using a WiFi network, you are solely responsible for ensuring the security of the WiFi network that you use. We are not responsible for any loss of any such Content.
In accordance with the Digital Millennium Copyright Act and other applicable laws, it is Our policy to suspend or terminate, in appropriate circumstances, the Service provided to any user or account holder who is deemed to infringe third party intellectual property rights, including repeat infringers of copyrights. In addition, We reserve the right to suspend, terminate or take other interim action regarding the Service of any Service user or account holder if We, in Our 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 We 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 on the Service in a manner that is not authorized by the copyright owner, its agent or the law, please send a written communication to Our Designated Agent: Kathleen M. Duffy, Verizon Wireless, One Verizon Way, VC52N091, Basking Ridge, NJ 07920-1097; Facsimile: (908) 559-7111; email@example.com. All communications must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Us to locate the material;
- Information reasonably sufficient to permit Us to contact the person who is submitting the claim (the “Complaining Party”), such as an address, telephone number, and if available, an electronic mail address at which the Complaining Party may be contacted;
- A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- 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 an exclusive right that is allegedly infringed.
Software. In connection with the Service, we will provide to you software that is owned by Us, Our affiliates or third-party licensors (“Software”). We may update the Software from time to time and your failure to install any update may affect your Service and/or use of the Software. You may use the Software only as part of, or for use with, the Service as authorized in this Agreement. Subject to the terms and conditions of this Agreement, We grant you a limited, non-exclusive, non-transferable license to use the Service, the Software and Content solely as authorized in this Agreement. All rights regarding use of the Service, Software and Content not expressly granted in this Agreement are reserved by Us and/or any third-party licensors. However, you retain all of your ownership rights in Content that you create yourself.
Restrictions. Except as applicable to Open Source Software, you agree that you will not attempt to modify any Software or Content (other than Content that you generate yourself or otherwise own as set forth in the Your Warranties and Representations section below) obtained through the Service for any reason, including for the purpose of creating a ring tone or 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 the Service or used in any materials and information submitted by you, in any form) of the Content. You agree to follow all rules and policies applicable to the 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, regulations, and rules (including, without limitation, the My Verizon Terms and Conditions and the Verizon Wireless Website Use Terms and Conditions, each of which can be found at www.verizonwireless.com) when using Content or the Service, and any applicable third party terms and conditions (including those of any mobile application store from which you download the Mobile App); (ii) except as applicable to Open Source Software, not to adapt, alter, modify, reverse engineer, de-compile, disassemble, translate, attempt to derive source code from or create derivative works of the Service or Software, or otherwise tamper with or modify any security features or other Service components for any reason (or allow or help anyone else to do so).
This service is subject to the Export Administration Regulations (“EAR”) of the United States Department of Commerce, and shall not be used in Cuba, Iran, Syria, Sudan, North Korea or any other destinations that are now or hereafter otherwise prohibited, controlled, sanctioned or embargoed under United States law. Further, this service is subject to Nuclear, Biological, Chemical, and Missile Proliferation Sanctions of the United States, and shall not be used in a manner now or hereafter otherwise prohibited, controlled, sanctioned or embargoed under United States law.
IMPORTANT SERVICE DISCLOSURES. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS IMPLEMENTED WITHOUT SPECIFIC CONTROLS THAT MAY GENERALLY BE REQUIRED OR CUSTOMARY FOR CUSTOMERS IN ANY PARTICULAR INDUSTRY AND ARE NOT DESIGNED TO SATISFY ANY SPECIFIC LEGAL OBLIGATIONS. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THAT THE SERVICE SATISFIES ANY LEGAL, REGULATORY OR CONTRACTUAL OBLIGATIONS YOU MAY HAVE. YOU AGREE TO USE THE SERVICES IN ACCORDANCE WITH ALL APPLICABLE LAWS AND NOT TO USE THE SERVICES IN ANY MANNER THAT MAY IMPOSE LEGAL, REGULATORY OR CONTRACTUAL OBLIGATIONS ON VERIZON OTHER THAN THOSE WITH WHICH WE HAVE EXPRESSLY AGREED TO COMPLY IN THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE NOT TO CAUSE, OR OTHERWISE REQUEST THAT VERIZON CREATE, RECEIVE, MAINTAIN OR TRANSMIT PROTECTED HEALTH INFORMATION (AS DEFINED AT 45 C.F.R. 160.103) FOR YOU OR ON YOUR BEHALF IN CONNECTION WITH THE SERVICES OR IN ANY MANNER THAT WOULD MAKE VERIZON A BUSINESS ASSOCIATE (AS DEFINED AT 45 C.F.R. 160.103) TO YOU.
DISCLAIMER OF WARRANTIES. THIS SERVICE, CONTENT AND SOFTWARE IS PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’, WITHOUT WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND BY EITHER US, OUR AFFILIATES, OFFICERS, EMPLOYEES, LICENSORS, CONTRACTORS, AND AGENTS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.. WE AND OUR AFFILIATES, OFFICERS, EMPLOYEES, LICENSORS, CONTRACTORS, AND AGENTS, AND ANY THIRD PARTY MOBILE APPLICATION STORE OPERATORS FROM WHICH YOU DOWNLOAD THE MOBILE APP, WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSSES OR DAMAGES OF ANY KIND, INCLUDING LOSS OF CONTENT, OR ANY SECURITY ISSUES THAT MAY RESULT FROM YOUR USE OF THE SERVICE. NO ADVICE OR INFORMATION GIVEN BY US, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY HEREUNDER. NO ADVICE OR INFORMATION GIVEN BY US, OUR AFFILIATES, OFFICERS, EMPLOYEES, LICENSORS, CONTRACTORS, AND AGENTS SHALL CREATE ANY WARRANTY HEREUNDER.
Limitation of Liability. You agree that We and Our affiliates, officers, employees, licensors, contractors, and agents, and any third party mobile application store operators from which you download the Mobile App, are not liable in any way for any losses, damages or injuries caused directly or indirectly by your use, misuse or removal of the Service, your Content, or other users’ Content. You agree that We and Our affiliates, officers, employees, licensors, contractors, and agents will not be liable to you or any third party for any failure of the Service to perform, damage to your personal property, including but not limited to, your mobile device, 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.
Your Representations and Warranties. You represent, warrant and agree that:
- you will use the Service only as authorized by this Agreement and in compliance with all applicable laws, rules and regulations, including without limitation, all applicable intellectual property laws, rules and regulations;
- you will not use the Service to redistribute, rebroadcast, publicly perform, publicly display or otherwise transfer any copies of Content, or otherwise make use of Content in any way that would infringe any else’s copyright or other ownership right in such Content or violate any laws, rules or regulations applicable to such Content;
- you own or have the necessary licenses, rights, consents, and permissions (including but not limited to patent, trademark, trade secret, copyright, rights of publicity and privacy and other proprietary rights): (a) to store the Content on the Service and to permit access to such Content by others, and (b) to permit Us to fully provide the facilities for the Service, and to exercise the licenses you grant to Us in this Agreement;
- the inclusion of your Content and use of the Service to store and provide access to your Content and exercise by Us of the license granted by you herein will not violate or infringe upon the trademark, trade name, copyright, right of privacy or publicity, property rights, or any other proprietary rights of any person or entity;
- you are not a citizen of an embargoed country or prohibited end user under applicable U.S. export and anti-terrorism laws, regulations and lists. You will not use, export or allow a third party to use or export the Service in any manner that would violate applicable law, including but not limited to applicable export control laws and regulations.
Indemnification. In the event You act or use the Services in a manner not permitted in this Agreement or breach any of your representations and warranties, You will: (i) be in material breach of this Agreement; (ii) indemnify, defend and hold harmless Us, Our affiliates, officers, employees, licensors, contractors, agents and users for any losses, expenses, costs, liabilities, damages, penalties, investigations or enforcement proceedings (including attorneys’ fees) arising from or relating to Your actual or alleged breach of this Agreement including without limitation, your representations and warranties or 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; (iii) take, at Your expense, prompt action to correct and/or mitigate the effects of Your breach of this Agreement; and (iv) provide Us with reasonable cooperation and support in connection with Our response to your breach of this Agreement. You shall assume and be solely responsible for any reporting requirements under law or contract arising from your breach of this Agreement.
Termination. We may limit, suspend, terminate or discontinue the Service, or certain features or functions of the Service, at any time without notice. We may also limit, suspend, terminate or discontinue Your access to the Service or certain features or functions of the Service, at any time without notice, including if you breach this Agreement.
Additional Terms and Conditions for Mobile Apps Downloaded from the Apple App Store. You may only use the Mobile App on iOS devices that You own or control, as permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. You and We acknowledge that: Apple is not obligated to furnish any maintenance and support services with respect to the Mobile App, that Apple and its subsidiaries are third party beneficiaries to this Agreement, and that, upon Your acceptance of the terms and conditions of this Agreement, Apple will have the right to enforce this Agreement against You in its capacity as a third party beneficiary to the Agreement. Apple is not responsible for any claims made by You or a third party regarding the Mobile App, including intellectual property infringement claims, or Your use or possession of the Mobile App, including but not limited to (i) product liability claims, (i) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement, (iii) claims arising under consumer protection or similar legislation, or (iv) claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Mobile App to conform to any warranty, express or implied. If the Mobile App fails to conform to any warranty, you may notify Apple and Apple will, as your sole and exclusive remedy, refund the amount – if any – that you paid Apple for the Mobile App. Questions regarding the Mobile App may be sent to VerizonCloud@verizonwireless.com.