V CAST Music with Rhapsody License and Use Agreement.
Your use of V CAST Music with Rhapsody (the “Service”) and any content you purchase, subscribe to, download, stream, preview or otherwise access through the Service (“Content”) is subject to the following terms of use (the “Agreement”), which supplements your Customer Agreement and Calling Plan. In the event of any conflict between this Agreement and your Customer Agreement or Calling Plan, this Agreement will control solely with respect to the subject matter addressed herein. By using the Service, you acknowledge that you are entering into a legally binding agreement with Verizon Wireless (“Verizon”). Do not use the Service if you do not agree to this Agreement.
About the Service. V CAST Music with Rhapsody PC software (“PC Software”) and internet connection are required for V CAST Music with Rhapsody subscription (the “Subscription Service”), purchasing music on your PC, syncing music from your PC to phone, and downloading PC copies of songs purchased on your phone. Syncing requires compatible USB cable, sold separately. PC Software also requires Windows® XP, 2000 or Vista and acceptance of Rhapsody software license agreement (see www.rhapsody.com). Verizon and/or third parties who authorize Verizon to sell their Content on the Service (“Licensors”) may remove Content from the Service at any time without notice, and Verizon may change Content fees without prior notice. Music sales are final. All Service and Content fees will be billed on your Verizon Wireless bill or be deducted from your prepay account. Prepay customers are not eligible for the Subscription Service. Taxes and governmental charges may apply. You will lose any music purchased but not yet downloaded if you terminate service. Not all music can be synced. Subscription Service subscribers must log in and sync their phones to the PC Software at least once a month to maintain subscription music licenses. Subscription Service may be cancelled by calling customer service or visiting a Verizon Wireless store. If you cancel the Subscription Service or fail to pay the monthly access fee, subscription music on your PC or phone will not play, but purchased music will still play. Not all music available through the Subscription Service is available for purchase, and phone and PC music catalogs may vary. Only music labeled “explicit” by record companies will be labeled as such. Parental discretion is advised when previewing or playing Content. You agree that Verizon has no liability to you for Content you find to be offensive, indecent or objectionable.
License. Subject to the terms and conditions of this Agreement and your prompt payment of all related charges, Verizon grants you a limited, non-exclusive, non-transferable license to use the Content solely for your personal, non-commercial, entertainment use. You understand and acknowledge that your rights with respect to Content are limited by copyright law. All rights regarding use of Content not expressly granted in this Agreement are reserved by Verizon and/or Licensors.
Restrictions. The Service is intended for use within the United States. You agree that you will not attempt to modify any software or Content obtained through the Service for any reason whatsoever, including for the purpose of creating a ring tone or disguising or changing ownership or source of the Content. You agree to follow all rules and policies applicable to the Service, including required or automated updates, modifications and/or reinstallations of software and obtaining available patches to address security, interoperability and/or performance issues. You also agree: (i) to comply with all applicable laws, rules and regulations when using Content; and (ii) not to reverse engineer, decompile, disassemble or otherwise tamper with or modify any of the security features, Usage Rules (see below) or other Service components for any reason (or help anyone else to do so).
Digital Rights Management. Certain Content offered through the Service is protected by Windows Media® or other digital rights management technology (“DRM Content”), so that the intellectual property rights, including copyright, of the Licensors are not misappropriated. Your rights regarding such DRM Content are limited by copyright law and the Usage Rules, which may be changed at any time without prior notice. The following Usage Rules (assigned by Verizon and/or Licensors) limit your use of DRM Content, even if unauthorized rules have been associated with the DRM Content by someone else: subject to all other Service terms and conditions, you may play DRM Content an unlimited number of times on an authorized PC or device; burn purchased DRM Content to compact disc (“CD”) five (5) times per song; and use a compatible USB cable to sync DRM Content stored on your PC to up to 3 compatible authorized portable devices, including your phone (“Authorized Device”). DRM Content that is synced to an Authorized Device cannot be further transferred to other portable devices for playback. The foregoing Usage Rules are general guidelines, subject to change without notice, and may vary by Licensor. Your phone uses specific software to play DRM Content (“DRM Software”). Use or distribution of Windows Media DRM Software outside of the Service is prohibited without a license from Microsoft or an authorized Microsoft subsidiary. If the security of your phone’s Windows Media DRM Software is compromised, Licensors may request Microsoft, and Microsoft may require Verizon, to revoke your ability to acquire new licenses to copy, display and/or play DRM Content without notice. Revocation does not alter the ability to play unprotected content. A list of revoked DRM Software is sent to your phone whenever you download a license for Windows Media DRM Content. Microsoft may, in conjunction with such license, also download revocation lists onto your phone on behalf of Licensors. Verizon may enforce these rules for itself and for Licensors.
Enforcement. Licensors are intended beneficiaries of this Agreement and shall have the right to enforce this Agreement against you. You agree that Licensors may take steps they believe are reasonably necessary or appropriate to enforce and/or verify compliance with this Agreement. For example, certain non-DRM Content contains metadata identifying the date and time of purchase, the service from which that Content was purchased, Licensor-assigned Universal Product Codes and International Sound Recording Codes, and a unique, randomly-generated transaction number used to identify each purchase. This metadata is used by Licensors to verify the legitimacy of purchases of their licensed Content, and to identify unauthorized distribution (e.g., via file-sharing services) of their licensed Content. You further agree that Verizon may, without notice or liability to you, provide information about your use of the Service and/or Content to third parties in order to comply with any legal or governmental action relating thereto in accordance with a valid subpoena or other judicial demand or order.
Your Representations and Warranties. You represent, warrant and agree that: (i) you are the account owner for the mobile telephone number used to access the Service; (ii) you are using the Service for your own personal, noncommercial entertainment use; and (iii) you will not redistribute, rebroadcast, publicly perform, or publicly display any Content or otherwise transfer any copies of Content, obtained through the Service or otherwise make use of the Content in any way that would infringe the copyright therein.
Indemnification. You agree to indemnify and hold harmless Verizon, its parents, subsidiaries, affiliates, officers, employees, Licensors, contractors and users from and against any and all losses, damages, and/or costs, including reasonable attorneys' fees and expenses, that arise or relate in whole or in part to: (i) your breach of your representations and warranties; (ii) any claim that your use of Content infringes or otherwise violates a third party's intellectual property or any other rights, including, without limitation, personal or privacy rights; or (iii) your violation of this Agreement, including any action taken by Verizon (either independently or on behalf of a Licensor) in investigating any actual or possible violation of this Agreement by you, or resulting from a determination that you have violated this Agreement.
NO WARRANTIES. The Service including all Content and other information, materials and products included on or otherwise made available to you through the Service are provided "as-is" and "as available" without warranties of any kind from Verizon or any Licensor. To the full extent permissible by applicable law, Verizon and all Licensors disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Neither Verizon nor any Licensor warrants that the Service or any Content, information, materials or products included on or otherwise made available to you through the Service are free of viruses or other harmful components.
LIMITATION OF LIABILITY. Neither Verizon nor any LICENSOR will be liable for any INCIDENTAL, PUNITIVE, SPECIAL or CONSEQUENTIAL damages of any kind arising from the use of the Service or from Content, information, materials or products included on or otherwise made available to you through the Service, OR FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID FOR THE SPECIFIC ITEM OF CONTENT GIVING RISE TO THE APPLICABLE CLAIM FOR DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS ON THE LIABILITY OF VERIZON REFLECT A REASONABLE ALLOCATION OF RISK AND THAT SUCH ALLOCATION OF RISK IS A SIGNIFICANT INDUCEMENT FOR VERIZON TO ALLOW YOU TO ACCESS AND USE THE SERVICE.
Termination. Verizon reserves the right in its sole discretion to restrict your access to the Website and/or terminate your wireless service without notice for any violation or threatened violation of this Agreement. Upon voluntary or involuntary termination of your wireless service, your access to the Service immediately will be blocked and your Content stored on the Service will be deleted. Verizon has no obligation to return or restore deleted Content. This Agreement shall survive termination or expiration of your Customer Agreement.
Changes. Verizon reserves the right to revise this Agreement or impose new conditions at any time. Such revisions will be effective immediately upon notice by any means, including, but not limited to, posting on the Service. Your access to and use of the Service following such notice will constitute your acceptance of the revised terms and conditions.
Governing Law. This Agreement is governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law provisions. YOU AND VERIZON CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT LOCATED IN NEW YORK, NEW YORK, FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SERVICE. If any provision(s) of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid and enforceable, and the legality, validity, and enforceability of all other provisions of this Agreement shall not be affected thereby. You acknowledge and agree that any cause of action arising out of, or related to the Service, must commence within one (1) year after the cause of action arose, otherwise, such cause of action is permanently barred.
Last Updated: 11/15/2009