Terms and Conditions

Terms and Conditions

Last Updated: April 2016

These Developer Account Terms supplement and are incorporated into the ThingSpace Site Use Agreement (the “Agreement”). Capitalized terms used and not otherwise defined below have the meanings assigned to them in the Agreement. To the extent of any inconsistency between any of these terms and the Agreement, these terms will control with respect to Your use of the Developer Account.

Access, Use and Features. You may access the Developer Account only through (i) an application that You develop using the Verizon Cloud Tools (“Your Application”), or (ii) a sample application that We may include with the Verizon Cloud Tools. To access the Developer Account, You must enter the user name and password that You use to sign into Your ThingSpace Account. You are solely responsible for all use of the Developer Account associated with Your ThingSpace Account. We may release features or functionality of the Developer Account that are still being evaluated or tested and that may not perform as reliably as other features. Developer Account features and capabilities may vary from those that We offer through other similar services, and may be changed, suspended, or discontinued without notice. We do not provide technical or other support in connection with Your use of the Developer Account. You may incur data charges when using the Developer Account.

Developer Account Limited License. Verizon (“We” “Us” “Our”) grants You a limited, revocable, non- exclusive, non-assignable, non-transferrable, non-sublicensable right to access and use the Developer Account solely to store, manage, access and share content that You have created or that You otherwise have the right to store, manage, access and share, including any sample content that Verizon may make available in the Developer Account (“Content”). All rights not expressly granted here are reserved by Us.

Content and Metadata License. You grant Us a non-exclusive, fully-paid and royalty-free, sub- licensable, 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 Developer Account, 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 and to others
  • Conforming to connecting networks’ technical requirements
  • Transcoding Content into a viewable or otherwise appropriately perceptible format
  • Accessing, analyzing and using Your Metadata, including Location Metadata, in connection with Ourprovision of the Developer Account. “Metadata” means information about various characteristics of Content, which may include the file name, the file type, the date and time the file was created, and any location information that is included in the file, such as in photos taken with a phone that has location settings turned on (“Location Metadata”)

You are solely responsible for Your Content and Your actions in connection with Your or other users’ Content. By choosing to share Content with others via any means, including messaging or social media applications or other services, You are making Your Content publicly available. You represent and warrant that You have the right to publicly share Your Content, and to permit and enable others to access, distribute, copy, transmit, download, stream, perform or otherwise use Your Content without Your prior knowledge or consent, and You expressly authorize all of those actions. We are not responsible for and expressly disclaim any liability for actions taken by You or others in connection with Content that You choose to share, view, or otherwise access through the Developer Account. 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 suspend or restrict sharing of Content that is identified as copyrighted. We may also remove Content without notice and in Our sole discretion. You agree that You will not attempt to modify any Content (other than Content that You generate Yourself or otherwise own) obtained through the Developer Account for any reason.

Your Representations and Warranties. You represent, warrant and agree that:

  • You will use the Developer Account only as authorized by this Agreement and in compliance with all applicable laws, rules, regulations and ordinances (“Laws”), including without limitation, any applicable intellectual property Laws.
  • You will not attempt to sell or resell or otherwise enable access to the Developer Account without Our prior written consent.
  • You will not use the Developer Account to redistribute, rebroadcast, publicly perform, publicly display, share 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 applicable to such Content.
  • You will not share or otherwise make available Content that is illegal, or use the Developer Account to commit fraud, harass, abuse or mislead others.
  • You will not share or otherwise make available Content in a manner that violates any Laws relating to a person’s right to privacy or the export of personal data, including without limitation, Laws that restrict unauthorized distribution of intimate images.
  • You will not use the Developer Account to interfere with, abuse or violate the property rights of others, including, without limitation, activities that result in result in the distribution of malware, viruses, worms, time bombs, Trojan horses, or other destructive activities.
  • You will not attempt to circumvent or disable the security of the Developer Account, bypass storage limits, or impair the performance of Our systems, servers, or networks.
  • 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 Developer Account and to permit access to such Content by others, and (b) to permit Us to fully provide the facilities for the Developer Account, and to exercise the licenses You grant to Us in this Agreement.
  • The inclusion of Your Content and use of the Developer Account 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 Developer Account in any manner that would violate applicable law, including but not limited to applicable export control laws and regulations.

Without limiting other rights and remedies we may have under the Agreement or otherwise, We may remove Content, restrict Your ability to share Content, disable links to Content that You have shared, or suspend Your ability to access Content without notice and in Our sole discretion, including without limitation, if We believe that You have breached any of Your representations and warranties or otherwise violated the terms of this Agreement, or that You use the Developer Account in a way that may injure Our reputation or result in legal action against Us.

Restrictions. You agree to follow all rules and policies applicable to the Developer Account. You agree not to adapt, alter, modify, reverse engineer, de-compile, disassemble, translate, attempt to derive source code from or create derivative works of the Developer Account, or otherwise tamper with or modify any security features or other Developer Account components for any reason (or allow or help anyone else to do so). Developer Accounts are 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 DEVELOPER ACCOUNTS ARE 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 RESPONSIBLEFOR DETERMINING THAT THE DEVELOPER ACCOUNT SATISFIES ANY LEGAL, REGULATORY OR CONTRACTUAL OBLIGATIONS YOU MAY HAVE. YOU AGREE NOT TO USE THE DEVELOPER ACCOUNT 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 THE 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.

Amendment to “DISCLAIMER OF WARRANTIES”, “LIMITATION OF LIABILITY” and “INDEMNIFICATION” sections of the Agreement: Upon Your creation of a Developer Account, the “Disclaimer of Warranties”, “Limitation of Liability” and “Indemnification” sections of the Agreement will be deemed automatically amended as follows: wherever the phrase “THE THINGSPACE SITE” appears in those sections, it shall be deleted and replaced with the phrase “THE THINGSPACE SITE AND THE DEVELOPER ACCOUNT”.

Indemnification. In the event You act or use the Developer Account 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 the Verizon Parties and other users of Developer Accounts and/or other Verizon services 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 Developer Account, or certain features or functions of the Developer Account, at any time without notice. We may also limit, suspend, terminate or discontinue Your use of or access to the Developer Account or certain features or functions of the Developer Account, at any time without notice. If You breach this Agreement, Your right to use the Developer Account shall terminate immediately and without notice. NOTE: BEFORE YOU DELETE YOUR CONTENT, PLEASE DOWNLOAD ANY CONTENT THAT YOU WISH TO SAVE. WE ARE UNABLE TO ACCESS CONTENT FROM A TERMINATED DEVELOPER ACCOUNT.

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