Verizon Advanced Messaging Terms and Conditions
PLEASE READ THESE TERMS CAREFULLY. Verizon's Advanced Messaging Service ("Service") provides a rich communication messaging experience for you, for use with your eligible mobile devices. By activating, opting or using the Service, you agree to these terms and conditions ("Terms") which are between you and Verizon Wireless ("Verizon"). These Terms set out the terms under which you agree to use and we agree to provide the Service. If you are under 13 years old, you must not use this Service. You must be 16 year's old to use this Service. In addition to the minimum required age to use the Service, if you are a minor in your jurisdiction (i.e. not old enough to have authority to agree to these Terms) your parent or guardian must agree to our Terms on your behalf. If you do not agree with these Terms, you must stop using the Service. Verizon may make updates to these Terms at any time by posting them so you should check regularly for updates. By continuing to use the Service, you are accepting such revised Terms. If another person or entity is the owner of the wireless account you use for this Service, or the primary account holder of the device you are using with this Service, or a third party you have authorized to allow the viewing of your Messages including content, you authorize Verizon to share your account information and any Messages with such person, entity or third party. You are responsible for use of the Service and for use by any third parties with whom you share your account, device, or use of the Service. Any use of the Service by third parties you authorize to use the Service on your behalf are subject to these Terms and their use may impact your Service and/or right to use same. If you are using the Service on behalf of a corporation, entity, partnership, organization or government, ("Organization"), you warrant that you are authorized to bind your Organization to these Terms in which case "you" includes your Organization
1. The Service. Verizon's Advanced Messaging Service provides you a richer messaging experience. Messages including any media files or content sent or received through the Service are "Messages". While you may message users who do not use the Service by sending SMS or MMS message, users can only benefit from the Service if they sign up for the Service and accept these Terms (for example, members of a group chat that have not signed up for the Service will not be able to access the Service features including the ability to send or receive large files). Media file size may vary depending if you are using cellular coverage or WiFi. You may cancel the Service once activated by contacting Verizon Customer Care at the following number: (800) 922-0204. If you choose to cancel, you will not be able to access your Messages sent or received through the Service (unless you have saved them on your device) and you will not be able to send or receive any new Messages. If you sign up again at a later time, you will only receive any new messages sent to you upon re-signing up for the Service. Further information can be found about the Service in our Advanced Messaging FAQs.
2. Eligibility. You must have eligible 4G LTE or compatible Wi-Fi Verizon mobile device enabled for Advanced Messaging, a postpaid wireless account, the latest software for your device, and you must agree to these Terms and opt into the Service within your messaging application. The Service will not work with messaging block on your account. Currently the Service is not available for prepaid customers. Group chat requires all group users to have Advanced Messaging.
3. Changes to the Service. Verizon may change, upgrade, improve or modify the Service or any part or any features at any time without notice to you. You agree that Verizon has no obligation to provide any feature or part of the Service and that we may discontinue the Service at any time in whole or in part at our discretion.
4. Your Wireless Agreement. This Service is additionally subject to the terms in your agreement for wireless service with Verizon: see https://www..com/legal/notices/customer-agreement/. For corporate or government liable device users, the agreement for wireless service between Verizon your Organization applies. For any conflict in terms relating to this Service, these Terms govern.
6. Charges. Your download and use of the Service will be billed according to your Verizon Wireless Customer Agreement and your messaging and data plans with Verizon or your wireless carrier. Messages and media files count as MMS messages under your plan. Messages will be charged when sent or received. No data charges apply to Verizon customers for the Service. All file transfers count as a message, however no data usage is charged. When using the Service outside of the US, Global Data charges will apply. Visit www.Verizon.com/global for more information.
7. Limitations. If you switch between the Service and another messaging application, the Service may not work, may be interrupted, or you may not be able to access Messages. At this time, this Service does not work with the Verizon Message Archive Service. You can block this Service in our Smart Family…..if you do not want it to be available. You can change Group Chat feature in Settings. Messages sent and received by Message+ app users will not appear in Message logs at this time. We may establish limits on the use of the Service including but not limited to Message size, storage, the number of Messages sent over a limited time period. Verizon and other interconnected carriers may block, filter, throttle or limit Messages. The Service may be subject to outages, delays and traffic congestion and there is a risk of non-delivery or delayed delivery. There are limitations to wireless messaging which by their nature do not permit or may delay the delivery of Messages due to our network, a user's location, plan, permissions or connection. Messages may not be successfully received or sent due to use of an incompatible device or carrier service plan; a device may be turned off, out of range, or not working properly; a user's device storage may be full; or a carrier may have blocked Message(s); there may be insufficient network capacity and/or interference due to equipment, terrain, proximity to buildings, foliage, and weather. Due to cellular coverage and system limitations, we do not guarantee the availability, security, and reliability, delivery speed or timeliness of Message delivery.
8. Message Retention. Messages are only available on our network for a few days. Verizon has no obligation to retain Messages for you and deletes them after a few days or when they have been delivered. Verizon has no liability for Message storage nor for deletion of Messages. You may store Messages on your device or use Verizon's cloud service as per the terms of that service: https://www.verizonwireless.com/support/cloud-legal/. When you delete a Message, we delete it from our servers. While Messages remain on Verizon's network or in any storage or backup system, we may retain such Messages and produce them if required by law, court order, subpoena, or other lawful process. You acknowledge, consent and agree that Verizon may access, preserve and disclose your Messages to comply with legal process, enforce these Terms, respond to claims by third parties or questions by you, and to protect others, Verizon, our network, systems and our assets.
9. Intellectual Property. Verizon owns all rights, including intellectual property rights, in the Service and its components, software, tools, portal, documentation, and other materials relating to it, including modifications, updates, revisions or enhancements. All rights not explicitly given are reserved by Verizon
10. License Rights and Restrictions. Subject to these Terms, Verizon grants to you a personal, revocable, limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service to send and Receive Messages as per these Terms. You shall not and shall not allow any third party to (a) modify, copy, or otherwise reproduce the Service in whole or in part; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code form or structure of any elements of the Service; (c) provide, lease, resell, make available, or lend the Service in whole or in part to any third party; (d) remove any proprietary notices or labels; (e) modify or create a derivative work of any part of the Service; (f) use the Service for any unlawful or fraudulent purpose including but not limited to harvesting or collecting information about others (or attempting to); (g) breach these Terms or Verizon's policies; or (g) use the Service in a way that interferes with, disrupts, damages, impacts or inappropriately accesses the servers, networks, or other properties or services of Verizon; harms or poses a risk to Verizon, our customers or other users; attempts to bypass or breach any security mechanism or poses a security or service risk; may subject us or any third party to liability; introduce any virus, Trojan horse, or any other malicious, harmful or deleterious program.
11. Third Party Licenses/Open Source. The Service may be subject to third party terms in which case those terms apply. Verizon does not take any responsibility for any services offered by third parties which are offered as part of our Service. Additional, open source licenses may also apply (see: http://verizon.com/opensource).
12. No Unwanted Messages/Content Policy. You are solely responsible for the Messages you send, receive, access, or transmit through the Service and Verizon is not liable for same. The sending of confidential information via the Service is at your risk. You must not send unwanted Messages ("Unwanted Messages") through the Service. Unwanted Messages includes any content, links or messaging that: amounts to spam (unsolicited bulk commercial Messages), "phishing" (Messages intended to access private or confidential information through deception or otherwise); is abusive, harmful, malicious, unlawful or otherwise inappropriate; contains executable files or links to other content; is premium or messaging that requires a subscription or surcharge; is harassing, bullying, libelous, defamatory, obscene, harmful, vulgar, tortious, encourages harm to children; celebrates, encourages or depicts discrimination, harm, or violence; degrades, intimidates, invades privacy, or dehumanizes; causes safety concerns; provides instructions on illegal activities; incites violence; causes consumer complaints; does not meet community standards or is otherwise objectionable in the opinion of Verizon. You will not use the Service to create a false identity, provide false information or otherwise attempt to mislead others as to identity or the origin of a Message. Messages must not contain junk mail, pyramid schemes or the like. Verizon, other interconnected carriers and our service providers may restrict, block, or throttle traffic Verizon may suspend, alter or terminate the Service for breach of this clause. You agree to reasonably cooperate with us and/or any governmental authority in investigating any violation or prohibited use of the Service.
13. HIPAA. The Service is not HIPAA compliant and is not designed for secure transmission or storage of personal healthcare information. You shall not use the Service to store or transmit Protected Health Information (PHI) as defined in the Health Insurance Portability & Accountability Act of 1996 and the Health Information Technology for Economic and Clinical Health Act of 2009 and accompanying regulations (collectively, "HIPAA"). If your use is for or on behalf of a Covered Entity or a Business Associate as defined by HIPAA, you must not use the Service to store or transmit PHI.
14. Copyrights and Notice of Infringement. Verizon does not monitor or control Messages including content sent to or received by the Service and we disclaim all responsibility for same. You must ensure any content sent by you is not copyright protected so check before you send or attach Messages including content. You agree that you will not attach or send content that infringes any copyright, and you agree you are fully responsible for any copyright infringement resulting from your use of the Service and that Verizon may terminate any user that infringement the copyrights of others. 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 (see Verizon's agent, form required and policy here: https://www.verizonwireless.com/support/website-use-legal/.
15. DISCLAIMER OF WARRANTY. THE SERVICE IS PROVIDED AND AVAILABLE ONLY "AS IS" AND "AS AVAILABLE". USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING UNDER STATUTE. VERIZON, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, THIRD PARTY LICENSORS, SERVICE PROVIDERS, VENDORS, AGENTS AND SUPPLIERS, DISCLAIM ANY AND ALL WARRANTIES RELATED TO THE SERVICE, INCLUDING BUT NOT LIMITED TO MESSAGE DELIVERY OR TIMELINESS OF SAME, AVAILABILITY, ACCURACY, COMPLETENESS, RELIABILITY, SECURITY MECHANISMS OR CONTROLS, OR RELTATING TO YOUR ABILITY TO USE THE SERVICE AS DESIRED, AND DO NOT WARRANT THAT THE SERVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, LOSS OF OR DAMAGE TO CONTENT, DATA OR INFORMATION OR WILL MEET YOUR NEEDS OR EXPECTATIONS. YOU ASSUME THE SOLE COST OF ANY SERVICE AND REPAIR RELATING TO YOUR USE OF THE SERVICE AND FOR ANY DAMAGE TO YOUR DEVICE(S), COMPUTER OR OTHER SYSTEM RESULTING FROM USE OF THE SERVICE. NO ADVICE OR INFORMATION, WRITTEN OR ORAL, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
16. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT ALLOWED UNDER THE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING TORT, CONTRACT, PRODUCT LIABILITY, OR OTHERWISE, SHALL VERIZON, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, RESELLERS, SERVICE PROVIDERS, AGENTS, SUPPLIERS, OR THIRD PARTY LICENSORS ("COVERED PARTIES") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY, INCLUDING, WITHOUT LIMITATION, RELATING TO PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE; LOST PROFITS; LOST, INACCURATE OR DAMAGED CONTENT/MESSAGES OR DATA; LOST GOODWILL; LOST BUSINESS; OR OTHER INTANGIBLE LOSSES; CONDUCT OF A THIRD PARTY; WORK STOPPAGE; COMPUTER OR DEVICE FAILURE OR MALFUNCTION; OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF VERIZON WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RELATE TO, ARE A RESULT OF THE USE OF, OR INABILITY TO USE THE SERVICE. COVERED PARTIES SHALL AT NO TIME BE LIABLE FOR ANY DAMAGE, LOSS OR INJURY AS A RESULT OF HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE.
17. INDEMNIFICATION. YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS VERIZON AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS, ASSIGNS, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, SUPPLIERS, SERVICE PROVIDERS AND LICENSORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES (THE "INDEMNIFIED PARTIES") FROM AND AGAINST ANY CLAIM, DEMAND, PROCEEDING, LOSS, DAMAGE, COST, FINE, PENALTY, INTEREST, CONSEQUENTIAL LOSS, AND/OR EXPENSE (INCLUDING ATTORNEY AND OTHER PROFESSIONAL FEES) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY MESSAGES YOU SEND, RECEIVE, STORE, DISPLAY OR ACCESS; ALLEGED OR ACTUAL BREACH OF THESE TERMS OR ANY THIRD PARTY TERMS OR RIGHTS; ANY VIOLATION OF APPLICABLE LAW OR REGULATION; YOUR CONDUCT RESULTING IN ANY PROPERTY DAMAGE, LOSS, OR INJURY TO A PERSON OR THEIR RIGHTS; OR MISUSE OF THE SERVICE INCLUDING BY ANY NEGLIGENCE OR WILLFUL MISCONDUCT. YOU WILL PROMPTLY NOTIFY VERIZON OF ANY CLAIM RELATED TO YOUR USE OF THE SERVICE.
18. Suspension/Termination. Verizon may without notice suspend, terminate, limit, temporarily block access to, modify, or discontinue your use of the Service, including but not limited to: if you breach these Terms or any other agreement you have with us; as part of Verizon maintenance; if we change, discontinue or improve the Service; to prevent or manage any security issues or potential fraud; to protect or prevent harm to Verizon, our assets, systems, networks, other users, the public, or our suppliers; or due to the impact of any requirement, ruling, regulation, operational or other government change impacting the Service. Such action will result in a loss of Messages, deletion of Messages, and loss of access to the Service for which Verizon shall not be liable. Verizon shall have no liability for any damage, liabilities, losses (including loss of data, content or profile) or any other consequences you incur as a result of any suspension, modification, limitation or termination of the Service. Sections of these Terms relating to our license to you, restrictions, service limitations, disclaimer of warranty, copyright, intellectual property, limitation of liability, indemnification, termination and other terms that by their nature would apply post-termination, continue to apply after termination of the Service.
19. Miscellaneous/Compliance with Laws. You agrees that your use of the Service will comply with any applicable local, state, national and international laws and regulations, including messaging, anti-spam, export control and privacy laws. Verizon's failure to take any action, shall not amount to a waiver of any right to enforce these Terms.
20. Driving Safety. Verizon is not responsible for use of the Service while driving. Safe driving is your responsibility and you should not use this Service while driving.