By using and/or subscribing to Verizon's Caller Name ID service, Application and any software/components ("Service"), you are entering into a binding agreement with Verizon Wireless ("Verizon") and your use of the Service is subject to these Terms and Conditions ("Terms"). By using the Service for any line under your wireless account, you accept these Terms for yourself and any user that you allow to use any of your account lines on which the Service has been enabled. By using the Service, you agree that you are 18 or older or your parent or guardian has consented to these Terms. If you do not agree with these Terms, you must stop using the Service. Verizon may modify or suspend the Service at any time and may make updates to these Terms without notice. By continuing to use the Service, you are expressing and acknowledging your acceptance of such revised Terms.
- Caller Name ID Features. Caller Name ID is an enhanced caller identification service that when enabled on an eligible mobile device, displays the name, phone number, city and state of a caller's phone number, and the caller's uploaded photo (if any was uploaded). If you upload a photo, your photo will be seen by other Verizon customers that use the Service. For some devices, delivery of caller names and pictures may not be available in all areas. Other devices may only display the caller's name as the full Service may not be available on all devices. The Service is not available for restricted or unlisted numbers. In addition, some devices include a Spam Detection Feature that detects spam, robocallers and potential fraud for incoming calls. The Service's spam detection and caller identification feature may inadvertently mislabel legitimate callers as spam, a robocaller or potential fraud. The service utilizes analytics and databases that are continually evolving. You may check your voicemail to determine if the caller is legitimate (if they left a voice message). It is possible that Caller Name ID mistakenly tags legitimate callers including those to whom you may have given consent to communicate with via your mobile number. Verizon does not guarantee that all calls that are robocalls, spam or fraudulent will be detected.
- Subject to the Verizon Wireless Customer Agreement. When you signed up to be a customer of Verizon, you entered into a Customer Agreement with us. The Service is subject to all of the terms in that Customer Agreement including the Arbitration provisions therein. To view the Customer Agreement, use this link: http://www.verizonwireless.com/b2c/support/customer-agreement.
- Fees and Data Charges. Some subscribers may be eligible for a free trial of the Service for a specific time period, after which month charges shall apply should you choose to subscribe to the monthly service. Your use of the Service will be billed according to your data plan and the monthly recurring fee that you agreed to pay. The Service does not operate on WiFi, so data charges may apply when using the Service even if your device is also connected to WiFi. If your device is eligible for the uploading or receiving of a picture, data charges apply to such uploading and also for receiving pictures.
- Licenses and Restrictions. The Service is the property of Verizon or its licensors. The Service software and any Application installed on your device are licensed and not sold to you. Verizon and its licensors grants to you a limited, non-exclusive, revocable, non-transferable, personal, non-commercial license to use the Service for its intended use, in the United States.
- Restrictions on Use. You will not or permit anyone else to sell, resell, distribute, sublicense, loan, lease, otherwise transfer, alter, modify, merge, adapt, copy, delete, record, translate, publish, upload, transmit, export, create derivative works of, make any commercial use of, reverse engineer, decompile, attempt to derive the source code, or disassemble the Service of any software that forms part of the Service. You may not use the Service or any part of it for any improper use (including infringement of copyright or other intellectual property rights) and must follow all laws. You will not alter, disable, or circumvent any features embedded in the software. All rights not expressly granted to you herein are reserved. Verizon may revoke this license at any time without notice.
- Branding. All trademarks, service marks, trade names, logos, domain names, and any other features of Verizon's brand are the sole property of Verizon and Verizon does not grant any rights to such branding to you for any use at all. You may not remove or alter any copyright, trademark, or other intellectual property notices of the Service.
- User Content. For certain eligible devices, the Service allows you to upload a photo to display. You may choose to attach a photo from your own photo gallery, a new photo that you take, or a photo available for use from an Internet search that you conduct. You are responsible for any content that you upload to the Service. Verizon does not monitor or control the content you choose to send via the Service and, we disclaim all responsibility for such content. Photos that you did not take yourself may be subject to copyright protection which limits or prohibits their copying, transmission and/or use. You agree that you will not attach copyrighted content in a way that infringes any copyright, and that you are wholly responsible for any copyright infringement resulting from your conduct. If you are unsure about whether your conduct is lawful, you should not attach the content.
- Digital Millennium Copyright Act Notice. If you believe that your content has improperly used in the Service in a way that constitutes copyright infringement please contact Verizon at the address below. 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. The Designated Agent for DMCA Notice is:
Verizon Copyright Department
1320 North Courthouse Road, Floor 9
Arlington, Virginia 22201, U.S.A.
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:
- Signature of copyright owner or person authorized to act on behalf of the owner;
- Identification of copyrighted work claimed to be infringed;
- 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;
- Information reasonably sufficient to permit the service provider to contact the complaining party (address, phone number and, if available, email address);
- 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
- 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. There are substantial penalties for false claims (see 17 U.S.C. § 512(f)).
- Open Source and Third Party Licenses. Your use of the Service is subject to any open source licenses that form part of the Service including the Apache License Agreement, which can be found at http://www.apache.org/licenses/, the Mozilla Public License, v. 2.0, which can be found at http://mozilla.org/MPL/, and the Dojo Foundation, which can be found at http://dojotoolkit.org/license/. Certain software or technical information is 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 are subject to the terms of any third part.
- Termination. Verizon may terminate or discontinue the Service at any time without notice, including if you breach these Terms. You may also cancel your use of this service at any time by unsubscribing to the Service. Any trial of the Service shall terminate at the end of the trial period.
- DISCLAIMER OF WARRANTIES. THE SERVICE AND ANY INCLUDED APPLICATION IS PROVIDED BY VERIZON OR ITS LICENSORS 'AS IS', WITHOUT WARRANTIES, EXPRESS OR IMPLIED, OR CONDITIONS OF ANY KIND, INCLUDING FOR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU USE THE SERVICE AT YOUR OWN RISK. VERIZON AND ITS LICENSORS MAKE NO WARRANTY, EITHER EXPRESS OR IMPLIED, AS TO THE ACCURACY, AVAILABILITY, USEFULLNESS, COMPLETENESS OF THE SERVICE OR THAT THE SERVICE WILL MEET YOUR EXPECTATIONS AT ALL OR AS TO THE IDENTIFICATION AND LABELLING OF CALLS AS SPAM, A ROBOCALL OR POTENTIAL FRAUD, AS THE SERVICE MAY IMPROPERLY IDENTIFY AND MISLABEL CALLERS.
- LIMITATIONS OF LIABILITY. TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE LIABILITY OF VERIZON OR ITS LICENSORS AND SUPPLIERS FOR MONETARY DAMAGES FOR ANY CLAIMS THAT YOU MAY HAVE UNDER THESE TERMS ARE LIMITED TO NO MORE THAN THE PROPORTIONATE AMOUNT OF THE SERVICE CHARGES ATTRIBUTABLE TO THE AFFECTED PERIOD, AND THE MAXIMUM IN DAMAGES RECOVERABLE BY NON-VERIZON SUBSCRIBERS SHALL BE TEN ($10) U.S. DOLLARS. UNDER NO CIRCUMSTANCES ARE VERIZON, ITS LICENSORS AN AND SUPPLIERS LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, MULTIPLE, OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST DATA, REPUTATION, LOSS OF BUSINESS, OR COST OF REPLACEMENT PRODUCTS AND SERVICES ON ANY THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR THE INABILITY TO USE THE SERVICE IN ANY WAY. VERIZON SHALL NOT BE LIABLE FOR ANY DAMAGES, COSTS OR PENALTIES (DIRECT OR INDIRECT) AS A RESULT OF MIS-IDENTIFICATION OF A CALLER OR FAILURE TO PROPERLY IDENTIFY A CALLER.
- Indemnification. You will indemnify, defend and hold Verizon, and its licensors and suppliers harmless from any claims arising out of or relating to your or any User's actual or alleged misuse or fraudulent use of the Service or any other actual or alleged breach of these Terms. You are responsible for any costs incurred by Verizon or any other party (including reasonable legal fees) in connection with such claims.
- Export Control. Use of the Service may be subject to the export and import laws of the Unites States and other countries. You agree to comply with all applicable export and import laws and regulations. By using the Service and/or by downloading the applicable Application, you agree that you are not located in, under the control of, or a resident or national of any country, or person, on the United States Treasure Department's list of Specially Designated Nationals or the United States Commerce Department Table of Deny Orders. You also agree that you are not located in a country that is subject to the U.S. government embargo, or that is designate by the U.S. as a terrorist supporting country and you are not listed on any U.S. government list of prohibited or restricted parties. You agree also not to attempt to export or import any encrypted information, materials, hardware or software.
- Safety. Please do not endanger yourself and others by using the Service while driving or engaging in any other activity that requires your full attention.