Terms of use

Envrmnt is a mobile application (“App”) that lets you discover augmented reality experiences by focusing your mobile device’s camera on enabled images.   This agreement is between You and Verizon (“Developer”) and sets forth the terms and conditions (“Terms”) which apply to Your use of the App.  By downloading and installing the App, You agree to be bound by these Terms which may change from time to time without notice.  If You do not agree to these Terms, do not use the App.

1. Age Requirement

You must be at least 13 years old to use the App.  If You are between the ages of 13 and 18, You may use the App only if Your parent or legal guardian has reviewed these Terms and consent to Your use of the App.

2.Data Charges

This App is provided free of charge.  But you may incur data charges when You download and use the App.  Data charges will be billed by Your carrier in accordance with Your data plan.

3.Privacy and Your Information

Your use of the App means that You agree to be bound by Developer’s Privacy Policy which can be found at www.verizon.com/privacy.  You agree that Developer may collect, use, store, transmit, process and share certain information about You in accordance with the terms of the Privacy Policy, including, without limitation, use of Google Analytics.

4.Modification/Termination

Developer may modify or terminate this App at any time in its sole discretion without notice to You.  Continued use of the App means You agree to any and all modifications.  In the event Your access to the App is terminated, You must immediately delete the App including any backup copies and cease to use it.

5.License, App Ownership and Intellectual Property Rights

This App is being made available to You for Your personal, non-commercial use.  Developer hereby grants You a limited, non-exclusive, non-transferable, royalty-free, revocable license to download, install and use the App solely for its intended purpose. Developer owns the App, including all software, tools, services, information and documentation related to the App, except to the extent Developer has licenses from third-party licensors.  Any logos, marks, or graphics of the App are trademarks or registered trademarks owned by Developer or Developer’s third-party licensors.  You may not use any of Developer’s trademarks, logos, or brands or those of the platform on which Developer provides the App without written permission and may not remove, obscure, or alter any proprietary notices that appear within the App, including copyright notices.  All copyrights and other intellectual property rights in the App are owned by Developer or Developer’s third-party licensors to the full extent permitted under the United States Copyright Act and all other state, federal, or international copyright laws.  You are not granted any rights to the App except as specifically set forth in these Terms.  Notwithstanding anything to the contrary in this section, open source software in the App is licensed to you under the terms of the applicable licenses, which can be found at www.envrmnt.com/opensource.  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.

6.Links to Third-Party Content

The App may contain links to third-party content.  Developer does not control, endorse, sponsor, recommend, or otherwise accept responsibility for such content.  Use of third-party content is at Your own risk. You understand and agree that You do not own the third-party content that you may download or use from the App.  Use of such content is subject to the terms and conditions set forth herein as well as third-party terms of service. 

7.User Content

As part of the App, you may have the ability to upload content such as GIFs, photographs, images, text, and audio. You are fully responsible for the content that you provide to Developer for use in the App, including without limitation GIFs, images, photographs, videos, audio, text, and comments (“User Content”).  You understand and agree that Developer is not responsible for any User Content. Developer may–but is not required to–review, edit, delete, or disable access to your User Content and the App at any time, without prior notice and in Developer’s sole discretion, for any or no reason.

You agree not to provide User Content that:

  • infringes on any copyright, trademark, trade secret, patent, or other intellectual property rights;
  • is false, inaccurate, misleading, unlawful, deceptive, fraudulent, defamatory, threatening, harassing, libelous, offensive,  obscene, abusive, tortious, vulgar, profane hateful, sexually explicit, pornographic, contains or depicts nudity or sexual activity, violates another’s right to privacy or publicity, or is otherwise inappropriate as determined by Developer in our sole discretion;
  • impersonates another person or entity;
  • degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability, or other classification;
  • contains epithets or other language or material intended to intimidate or to incite violence;
  • constitutes unauthorized or unsolicited advertising or spam; or
  • violates any applicable local, state, national, or international laws or regulations.

You may only submit User Content that is original and that you have the right to submit.  You continue to own any User Content that you submit through the App except that owned by third party providers, but by submitting User Content, you grant Developer a royalty-free, irrevocable, perpetual, non-exclusive, worldwide, fully sub-licensable license to publish, reproduce, distribute, display, perform, edit, adapt, modify, and otherwise use your User Content (or any portion thereof) in the App and for any services related to the App.

You represent that you have obtained the consent of all individuals who are identifiable in your User Content, or of the individual’s parent or legal guardian if the individual is under 18 years old, to include the individual’s likeness in your User Content and for Developer to enjoy all of the rights and privileges that you grant to Developer under these Terms.

8. Prohibited Conduct

You may not access or use, or attempt to access or use, the App to take any action that could harm Developer or any third party, interfere with the operation of the App, or use the App in a manner that violates any laws.  For example, and without limitation, you may not:

  • impersonate any person or entity or otherwise misrepresent your affiliation or the origin of User Content you transmit;
  • utilize User Content of any user in a manner not authorized including downloading, taking screenshots, publishing or distributing outside of the App such User Content;
  • engage in unauthorized spidering, “scraping,” or harvesting of content or personal information, or use any other unauthorized automated means to compile information;
  • take any action that imposes an unreasonable large load on our infrastructure;
  • use any device, software, or routine to interfere or attempt to interfere with the proper working of the App or any activity conducted on the App or attempt to probe, scan, test the vulnerability of, or breach the security of the App or system;
  • attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the App;
  • use software viruses, code, files or programs or the like that disrupt or affect that proper functioning of the App or our software, hardware, systems or equipment;
  • causes a large load on our system or App or interferes with our App; or.
  • distribute any unauthorized materials or advertise or promote goods or services without our permission (including, without limitation, by sending spam); or
  • engage in any other conduct that restricts or inhibits any person from using or enjoying the App, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.

Violations of App or system security may result in civil or criminal liability.  Developer may investigate and work with law enforcement authorities to prosecute users who violate the Terms.  Developer may suspend or terminate your access to the App for any or no reason at any time without notice.

9.Export Control

Use of the App may be subject to the export and import laws of the United States and other countries.   You agree to comply with all applicable export and import laws and regulations.  By installing and downloading the App, 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 Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders.  You also agree that You are not located in a country that is subject to U.S. government embargo, or that is designated 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.

10.Compliance with Law

You agree to follow all applicable laws in connection with Your use of the App.

11.Restrictions

All rights not expressly granted by these Terms are reserved by Developer and its licensors.  You may not interfere or attempt to interfere with the proper working of the App.  You may not, or allow others to adapt, alter, modify, decompile, decipher, disassemble, reverse engineer, translate, or create derivative works of the App or any included software.  You may not copy, publish, reproduce, sell, transfer, distribute, display, perform, edit, adapt, modify, or otherwise exploit any part of the App.

12.Arbitration

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT AFFECTS YOUR LEGAL RIGHTS.  BY AGREEING TO BINDING ARBITRATION, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.

In order to expedite and control the cost of disputes, Developer and You agree that any legal or equitable claim, dispute, action or proceeding arising from or related to the App (“Dispute”) will be resolved as follows to the fullest extent permitted by law:
Notice of Dispute.  In the event of a Dispute, You or Developer must give the other a Notice of Dispute, which is a written statement that sets forth Your name, address and contact information, along with the facts giving rise to the Dispute and a proposed solution.  Notice to Verizon should be sent to NoticeofDispute@verizon.com or to Verizon Dispute Resolution Manager, One Verizon Way, VC54N090, Basking Ridge, NJ 07920. The notice must describe the nature of the claim and the relief being sought.
Developer will send any Notice of Dispute to You by First Class U.S. Mail to your mailing address if Developer has it, or otherwise to Your email address.  You and Developer will attempt to resolve any Dispute through informal negotiation within sixty days from the date of the Notice of Dispute.  After sixty days, You or Developer may commence arbitration.

  • Small Claims Court.  You may choose to litigate any Dispute in small claims court (or the equivalent) in Your home jurisdiction or in Delaware, if the Dispute meets all the requirements to be heard in small claims court.  You may litigate in small claims court whether or not you first negotiated informally with Developer.
  • Binding Arbitration and Governing Law.  If the Dispute is not resolved by informal negotiation or in small claims court, any other effort to resolve the Dispute will be conducted exclusively through binding arbitration, as described in this section.  You are giving up the right to litigate (or participate in, as a party or class member) all Disputes in court before a judge or jury.  Instead, all Disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act.  Any court with jurisdiction over the parties may enforce the arbitrator’s award.  To the fullest extent permitted by law, the Terms and any Dispute that may arise between You and Developer shall be governed by the laws of the United States and the State of Delaware, without regard to its conflict of laws provisions.
  • Class Action Waiver.  Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis.  Neither You nor Developer will seek to have any Dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity.  No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations and proceedings.
  • Arbitration Procedures.  Any arbitration will be conducted by the American Arbitration Association (“AAA”) under the applicable Consumer or Commercial Arbitration Rules in effect at the time the Dispute is filed.  You may request a telephonic or in-person hearing by following the AAA rules.  In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead.  The arbitrator may award the same damages to you individually as a court could.  The arbitrator may award declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your individual claim.
  • Arbitration Fees.  Whoever files the arbitration pays for the initial filing fee.  If Developer files, Developer pays.  If You file, You pay, unless You get a fee waiver under the applicable arbitration rules.  All other fees will be allocated as provided by the applicable arbitration rules or law.  Each party will bear the cost of its own expenses, including the expenses of its attorneys, experts, and witnesses, regardless of which party prevails; however, a party may recover any or all expenses from the other party if the arbitrator, applying applicable law, so determines.
  • Disputes Must Be Filed Within One Year.  To the extent permitted by law, any Dispute must be filed within one year in small claims court or in an arbitration proceeding.  The one-year period begins when the Dispute or Notice of Dispute can first be filed.  If a Dispute isn’t filed within one year, it is permanently barred.
  • Temporary Injunctive Relief.  Prior to the appointment of an arbitrator, either party may seek temporary injunctive relief in any court of competent jurisdiction without waiving its right to arbitration.
  • Governing Law.  You agree that these Terms will be construed in accordance with the law of the State of Delaware.
  • Severability.  If any provision of these Terms is found to be illegal or unenforceable, that provision will be severed.  The severed provision will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision, and the remainder of the Terms will remain in full force and effect.  If this agreement to arbitrate is found to be illegal or unenforceable, the parties agree to the fullest extent permitted by applicable law that any Dispute relating to Your use of the App or these Terms shall be commenced and heard in the appropriate state or federal district court in Delaware.  To the fullest extent permitted by law, You agree to submit to the personal and exclusive jurisdiction of the courts located within Delaware.

13.Disclaimer of Warranty

THIS APP IS PROVIDED ‘AS IS’ WITHOUT WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHER VIOLATION OF RIGHTS.  YOUR USE OF THE APP IS AT YOUR OWN RISK.  DEVELOPER DOES NOT WARRANT THE ADEQUACY, ACCURACY, LIKELY RESULTS, OR COMPLETENESS OF THE APP OR ANY THIRD-PARTY SITES LINKED TO OR FROM THE APP, OR THAT THE FUNCTIONS PROVIDED WILL BE UNINTERRUPTED, VIRUS-FREE, OR ERROR-FREE.  DEVELOPER EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT INCLUDED IN THE APP OR ANY THIRD-PARTY SITES LINKED TO OR FROM THE APP.  SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

IN NO EVENT WILL DEVELOPER, OR ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND ASSIGNS BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR OTHER DAMAGES WHATSOEVER ARISING IN CONNECTION WITH THE USE OF THE APP, ANY INTERRUPTION IN AVAILABILITY OF THE APP, DELAY IN OPERATION OR TRANSMISSION, VIRUS, LOSS OF DATA, OR USE, MISUSE, RELIANCE, REVIEW, MANIPULATION, OR OTHER UTILIZATION IN ANY MANNER WHATSOEVER OF THE APP OR THE DATA COLLECTED THROUGH THE APP, EVEN IF ONE OR MORE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.

14.Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS DEVELOPER AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ASSIGNS FROM AND AGAINST ANY AND ALL LOSSES, COSTS, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES), CLAIMS, DAMAGES AND LIABILITIES RELATED TO OR ASSOCIATED WITH YOUR USE OF THE APP AND ANY ALLEGED VIOLATION BY YOU OF THESE TERMS.  DEVELOPER RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE OF ANY CLAIM FOR WHICH IT IS ENTITLED TO INDEMNIFICATION UNDER THIS SECTION.  IN SUCH EVENT, YOU SHALL PROVIDE DEVELOPER WITH SUCH COOPERATION AS DEVELOPER REASONABLY REQUESTS.

15.Digital Millennium Copyright Act Claims.

For instructions on how to notify us if you believe that content stored on the App infringes your copyright, please email support@envrmnt.com

16.Miscellaneous

These Terms constitute the entire agreement between You and Developer, superseding any prior or contemporaneous communications and proposals whether oral, written or electronic.  You agree that no joint venture, partnership, employment, or agency relationship exists between You and Developer as a result of these Terms or Your access and use of the App.  Our failure to enforce any of these Terms does not waive our right to subsequently enforce the Terms.

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