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.
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.
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.
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.
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.
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.
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:
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.
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:
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.
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.
You agree to follow all applicable laws in connection with Your use of the App.
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.
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.
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.
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.
For instructions on how to notify us if you believe that content stored on the App infringes your copyright, please email firstname.lastname@example.org
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.