PLEASE READ THE FOLLOWING TERMS OF SERVICE AND LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING, USING, OR ACCESSING ANY PART OF THE PRANK CALL PRO WEBSITE.
The following are the terms and conditions for use of https://www.prankcallpro.com and its services (the “Website”). The Website is referred to as the “Services”. The Services are owned and operated by Prank Call Pro, LLC (“Prank Call Pro,” or “us,” or “we”).
By downloading or using the Application, accessing the Services, continuing to access the Services, or submitting any information through the Services, and in consideration for the services Prank Call Pro provides to you, YOU (the terms “you” or “yours” includes the person or entity that is accessing the Services as well as any third-parties accessing the Services on your behalf) ARE STATING THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS GOVERNING THE USE OF THE SERVICES (the “Terms”). Use of the Services is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices, including the class action waiver, contained herein.
I. OVERVIEW AND DISCLAIMERS
The Prank Call Pro Website and Services allow users to initiate prank telephone calls with custom-scripted pranks performed by contracted voice actors. The Services are provided for entertainment purposes only. While some of the Services may be available for free or discounted prices during promotions, you can also make purchases, or undertake certain activities, to increase the Services’ functionality, like increasing the number of calls you can initiate or to activate other features. Prank Call Pro does not provide refunds for any purchases. All sales and purchases are final.
You are solely responsible for the calls you initiate through the Services and ensuring that the calls comply with the federal and state laws applicable in the states in which you and the call recipient are located. You are strictly prohibited from using the Services to defraud, cause harm, wrongly obtain anything of value, send indecent or obscene content, or to annoy, abuse, threaten, harass, or make repeated telephone calls to another person. You may not use the Services for any commercial purposes. You must be at least 18 to use the Services and you may not initiate a call through the Services to anyone under age 18.
You are strictly prohibited from using Prank Call Pro to call emergency lines, healthcare facilities, government agencies, employees or officials, law enforcement, schools, numbers assigned to radio common carrier services, or any service for which the called party is charged for the call, unless the call is made with the prior express consent of the called party. You are prohibited from using Prank Call Pro to call any recipient that is prohibited by law or regulation. Those using the Services for prohibited purposes may be subject to certain identification requirements and prosecution.
Prank Call Pro routinely records the telephone calls made through the Services. You represent and warrant that you consent to the recording of any telephone call which you initiate through the Services and that you comply with all state and federal laws applicable to the recording of the telephone conversations initiated through the Services, including laws applicable to the states in which you and the call recipient are located.
You represent and warrant that the recipient of any call you initiate through the services is not located in any the following states: California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania, and Washington.
Prank Call Pro may also publicly post, or allow users to publicly post, the recording from any telephone conversation initiated through the Services. You represent and warrant that the posting of a recorded telephone conversation you initiate through the Services will not violate any state or federal law applicable to the states in which you and the call recipient are located.
If you want to block your telephone number from receiving prank calls from the Services, use the form available at https://www.prankcallpro.com/block. Please allow at least ten business days for your request to become effective.
II. REGISTRATION, PAYMENT, AND INFORMATION SUBMISSION
Registration. In order to utilize some of the Services’ features, you must register and create an account. In order to create an account, you must complete the registration process by providing Prank Call Pro with complete and accurate information as prompted by the registration form, including contact information, a username, and password. You shall protect your password and take full responsibility for your own and third party activities that occur under your account. You agree to notify Prank Call Pro immediately of any unauthorized use of your account or any other breach of security. If you create an account on behalf of an entity, these Terms bind both you and the entity.
Refusal of Service. Prank Call Pro reserves the right, with or without notice, to terminate the account of, or refuse service to, any persons that violate these Terms, violate any party’s intellectual property rights, abuse other users of the Services, misuse the Services, or otherwise engage in inappropriate conduct, as determined by Prank Call Pro in its sole discretion.
Payment. If you make any purchases through the Services, you agree to pay all applicable fees for those purchases. Unless otherwise stated, all fees are stated in U.S. Dollars.
Age Restriction. By using the Services, you represent and warrant that you are 18 years of age or older. You may not use the Services to place calls to any person who is under 18 years of age.
Data Importation. The Services may allow you to import contact information from a contact list or other data source created by other another program not affiliated with Prank Call Pro. If you choose to import data into Prank Call Pro from any other source, you represent that you have the authority to import that data and that your importation of that data does not violate the rights or terms of any third-parties.
III. MODIFICATIONS TO TERMS OF SERVICE AND OTHER POLICIES
Prank Call Pro reserves the right to change or modify any of the terms and conditions contained in these Terms or any policy governing the use of the Services, at any time, by posting the new terms on the Website. The most current version of these Terms will be located on the Website. You understand and agree that your access to or use of the Services is governed by the then-current Terms that are effective at the time of your access to or use of the Services. If we make material changes to these Terms, we will notify you by updating the “Updated” date indicated at the top of this page with the date that revisions to these Terms were last made. You should revisit these Terms on a regular basis as revised versions will be binding upon you. Any such modification will be effective upon our posting of such new Terms. You understand and agree that your continued access to or use of the Services after the effective date of modifications to the Terms indicates your acceptance of the modifications.
IV. PROPRIETARY RIGHTS
Except as expressly provided for in the non-exclusive license contained in Section V herein, Prank Call Pro expressly reserves all right, title, and interest in and to the Services and the Services’ content, including any copyright, patent, or trademark or other intellectual property right, or federal or state right, pertaining thereto.
V. PRANK CALL PRO WEBSITE LICENSE
License. In order to use some of the Services’ features, you need to access the Website. Subject to, and in accordance with, these Terms, Prank Call Pro grants to You, and You accept from Prank Call Pro, a limited, revocable, non-exclusive, and non-transferable license to use the Website and its services. Prank Call Pro reserves all rights not expressly granted to You hereunder. This license is automatically revoked if you violate any of these Terms.
Payment Terms. Prank Call Pro may make all or some of the Services available for free (the “Free Services”) or discount (the “Discounted Services”). Prank Call Pro does not guarantee that any portion of the Services will always be available for free or at a discount, and reserves the right to begin charging for any portion of the Services at any time. The Free Services may have reduced functionality. For example, the Free Services or Discounted Services may only allow users to place a limited number of phone calls per day. Prank Call Pro may allow users to increase or enhance the functionality of the Services by making certain purchases or undertaking certain activities. Please review the specific terms for your applicable purchase. If you make a purchase through the Services, then you consent to Prank Call Pro, PayPal, and Stripe storing your payment information. Prices are subject to change. In the event the Prank Call Pro Services are discontinued for any reason, any credits or other purchases will terminate and no refund will be made.
Free Trials. Prank Call Pro may offer free trial offers from time to time. The failure to cancel your free trial during the stated period will result in you being charged for the associated purchases beginning at the end of the trial period. For more details, please review the specific terms of the free trial offer.
Refund Policy. Prank Call Pro does not guarantee refunds for lack of usage or dissatisfaction. Any credits, calls, or other purchases made through the Services are nonrefundable.
Personal Use. You may only use the Application and the Services for your own personal use. You may not use the Services for any commercial use.
Source Code. The grant of this license is not, and shall not be construed as, a grant of any right to You to use, receive or view, copies of source code, schematics, master copies, design materials or other information used by You in creating, developing or implementing the Website, including updates or modifications thereto. Without limiting the foregoing, You shall have no rights to receive any source code for the Website and shall not reverse engineer, disassemble or decompile, or otherwise attempt to derive source code for the Website for any purpose.
Prohibitions. You must not do, or permit others to do, any of the following: (a) copy or modify the Website in any way, except as expressly permitted in these Terms; (b) remove or modify Prank Call Pro’s copyright notices, trademark, logo, legend or other notice of ownership from any originals or copies of the Website or Services; (c) attempt to view, read, modify, reverse compile, reverse assemble, disassemble or print the Website’s source code or object code or other runtime objects or files distributed with the Website; (d) otherwise reverse engineer, modify or copy the look and feel, functionality or user interface of any portion of the Website or Services; (e) rent, lease, distribute (or redistribute), provide or otherwise make available the Website or Services, in any form, to any third party (including in any service bureau or similar environment); (f) use the Website or Services to process the data of third parties; or (g) use, install, or make available the Website, in whole or in part, through a wide area network including but not limited to World Wide Web sites, intranets, or Application Service Providers (ASP). In addition, You will not violate or attempt to violate the security of Prank Call Pro’ networks or servers, including (x) access data not intended for You or log into a server or account which You are not authorized to access; (y) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper written request and authorization; or (z) attempt to interfere with service to any user, host or network, including by means of submitting a virus, overloading, flooding, spamming, mail bombing or crashing.
You are also prohibited from taking any actions in violation of the prohibitions and requirements set forth in Section XII below.
Maintenance or Support. Prank Call Pro is not under any obligation to provide maintenance or support for the Website. Prank Call Pro may provide maintenance or support for the Website in Prank Call Pro’s sole discretion.
Account Deletion. You may, at any time, delete your account on the Website. However, as provided in the Prank Call Pro Privacy Policy, Prank Call Pro may retain collected data after deletion.
Third-Party Terms. You must comply with applicable third-party terms of service when using the Website, including any terms required by your mobile carrier.
VI. THIRD-PARTY SERVICES
The Services may use or provide access to one or more third-parties to process payments, process account or user registrations, or provide other services. Your interactions with any of these third-parties is controlled by the terms and conditions imposed by those third-parties. Any disputes arising regarding a third-party’s services must be resolved directly between user and the third-party. Prank Call Pro disclaims all warranties or representations regarding any third-party services.
Prank Call Pro, in its sole discretion, and without notice to you or any user, may subcontract any Services to be performed by a third-party.
VII. USER-GENERATED/THIRD-PARTY CONTENT
Overview. The Services may, from time to time, allow users and third-parties to upload, post, or otherwise transmit user-generated content, including but not limited to recordings, comments, recommendations, pictures, reviews, images, and other forms of data or communications (“User Content”).
User Obligations and License; Intellectual Property. You alone own and are solely responsible for all User Content you post, upload, or otherwise transmit (collectively “Post”) through the Services and once Posted, it cannot always be withdrawn. You agree not to Post through the Services any User Content which is false, defamatory, infringes upon another party’s intellectual property, or is otherwise illegal. By Posting User Content on the Services, you warrant and represent that you have the right to post such information and that such information is truthful and accurate.
By Posting User Content, you automatically grant, and warrant and represent that you have the right to grant, Prank Call Pro a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, assignable, sublicensable, transferable license to use, store, copy, perform, display, and distribute such User Content for any purpose and to prepare derivative works of, or incorporate into other works, such User Content.
You assume all risks associated with your Posted User Content on the Services, including anyone’s reliance on its quality or reliability. By Posting User Content you may expose yourself to liability if, for example, your Posted User Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
Testimonials and Photographs. If you Post or otherwise transmit to Prank Call Pro a testimonial statement or photograph depicting your results using any Prank Call Pro service or product, you grant, and warrant and represent that you have the right to grant, Prank Call Pro a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, assignable, sublicensable, transferable license to use, copy, perform, display, and distribute the testimonial statement and/or photograph for any purpose, including posting on the Services or using in any Prank Call Pro advertising materials.
By Posting or sending any testimonials of your results, you represent that the testimonial statement is true, that you used the Prank Call Pro service or product as directed, and that the testimonial accurately depicts your experience using the Prank Call Pro service or product.
If you no longer wish Prank Call Pro to use your written testimonial statement or photograph, please contact us. If we do not hear from you, we will assume you still stand behind your testimonial statement.
If you received any kind of compensation, whether monetary, in the form of a free service or product, or otherwise, you must notify us of this fact when posting or sending your testimonial.
Rules of Conduct. In addition to all other obligations and terms stated in these Terms, you agree to abide by any rules of conduct or community guidelines posted on the Website. Prank Call Pro reserves the right to exclude or suspend any user who violates these rules of conduct, and reserves the right, but does not undertake an affirmative obligation, to remove, screen, or edit any content which is contrary to these rules without prior notice. User Content does not necessarily reflect the opinion of Prank Call Pro.
Communications Decency Act. As provided in 47 U.S.C. § 230(c)(1), Prank Call Pro is only a distributer, and not the publisher or speaker, of any User Content. As such, Prank Call Pro cannot be held liable for making available any User Content which may be false or inaccurate. Any information or opinions contained in the User Content made available through the services are those of their respective authors alone. Prank Call Pro does not guarantee the accuracy, completeness, or truthfulness of any User Content. Under no circumstances will Prank Call Pro be responsible for any loss or damage resulting from any person’s reliance on any User Content.
Reservation of Rights. Subject to Section VIII below, regarding the DMCA, Prank Call Pro reserves the right to remove or not remove any User Content from the Services for any reason or no reason at all, in Prank Call Pro’s sole discretion. This reservation includes the exclusive right to decide whether to publish, withdraw, postpone, or alter any User Content. Prank Call Pro reserves the right, but does not undertake any affirmative obligation, to screen, monitor, or filter User Content.
Information Storage and Access. Prank Call Pro reserves the right, in its sole discretion, to determine whether and how long to store User Content and user data. Prank Call Pro will not be responsible for any liability related to the deletion or removal or any data or content maintained on the Services or Prank Call Pro’s servers.
Suggestions. By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third-parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Prank Call Pro and its users any claims and assertions of any rights, whether intellectual property rights or otherwise, contained in such Feedback.
VIII. DIGITAL MILLENNIUM COPYRIGHT ACT
Prank Call Pro respects the intellectual property rights of others and complies with safe harbor provisions of the Digital Millennium Copyright Act (“DMCA”). Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify Prank Call Pro’s designated copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, 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, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of 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 an exclusive right that is allegedly infringed.
Notifications of claimed infringement should be forwarded to Prank Call Pro at support@prankcallpro.com
After receiving a valid DMCA notification of claimed infringement, we will process and investigate the claim and will take appropriate actions under the DMCA, including expeditiously removing or disabling access to any material claimed to be infringing or claimed to be the subject of infringing activity. We will take reasonable steps promptly to notify the user who submitted the material that we have removed or disabled access to such material.
Counter-Notification. If you posted or submitted material to Prank Call Pro which Prank Call Pro removed or disabled access to pursuant to a DMCA notification of claimed infringement, and you believe your material is not infringing and the material was removed or disabled as a result of a mistake or misidentification, you may send a counter-notification containing the following information to Prank Call Pro’s support email listed above:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the your address is outside of the United States, for any judicial district in which Prank Call Pro may be found, and that you will accept service of process from the person who provided the notification of claimed infringement or an agent of such person.
If a valid counter-notification is received by our designated agent, we will send a copy of the counter-notification to the original complaining party informing that person that we will replace the removed material or cease disabling access to it in 10 business days. Unless our designated agent first receives notice from the original complaining party that such party has filed an action seeking a court order to restrain the alleged infringement, we will replace or restore access to the material in 10 to 14 business days after our designated agent’s receipt of the counter-notification, at our sole discretion.
Prank Call Pro reserves the right, in its sole discretion, to terminate accounts for users that are deemed to be repeat copyright infringers.
IX. DEVICE AND WIRELESS CARRIER LIMITATIONS AND DISCLAIMERS
While Prank Call Pro attempts to provide all Website features to all users, use of the Website and the Services may be limited for some or all users due to conditions outside of Prank Call Pro’s control. As a result, not all advertised features may be available to you at all times. Some of these conditions include, but are not limited to, the following: Your mobile device or your wireless carrier may limit the features available to you. Your data or messaging plan may limit your use of the Services. Your wireless voice and/or data signal may make access to the Website or some of its feature intermittent or unavailable. The Website and its features may not be available in some geographic locations.
Prank Call Pro is not liable, and expressly disclaims any representations or warranties, regarding access to the Website or its services or features through a particular wireless carrier, network, or plan, on a particular device, or in a particular location. Prank Call Pro does not guarantee that the Services will always be accessible or available. You are solely responsible for any costs you incur to access the Website through your mobile device.
X. REPRESENTATIONS, WARRANTIES, AND DISCLAIMERS
Prank Call Pro does not represent or warrant and expressly disclaims any warranty that (i) any information provided by the Services will be accurate, (ii) the Services will be error-free or accessible at all times, (iii) defects will be corrected, (iv) the Services or the server that makes the Services available, are free of viruses or other harmful component, (v) the use or the results of the use of the Services or the materials made available as part of the Services will be correct, accurate, timely, or otherwise reliable, or (vi) that the Services will be supported on all web browsers or mobile operating systems. It is expressly understood by all users that the Website and the Services may be from time to time be inaccessible, inoperable, or may not provide all features as a result of multiple factors which may or may not be within Prank Call Pro’s control. These factors may include, but are not limited to, variables in internet, telecommunications, data, cellular or satellite services provided by your wireless carrier to your mobile device, geographic limitations, poor wireless signal strength, periodic maintenance to the Services, malfunctions in the Website or the Services, limitations due to your particular mobile device, or any other reason which may prevent the Website and its services from being accessible at all times. Prank Call Pro disclaims any liability as a result of any user’s inability to access or use the Website or the Services at a particular time, location, on a particular device, or using a particular wireless provider.
While the service providers do not reveal that the call is a prank or that the caller is a paid voice actor during the call, Prank Call Pro does not and cannot guarantee that the identity, telephone number, or other personal information for the initiating caller will always remain hidden from the intended recipient. You will not necessarily always remain anonymous.
Further, Prank Call Pro expressly disclaims any representation or warranty relating to any products or services displayed, described, advertised, reviewed, recommended, linked to, or pictured on the Services. Prank Call Pro does not endorse any such products or services and does not warrant that any such products or services are available, will meet the user’s needs, are appropriate for any particular use, or are of any certain quality. Prank Call Pro does not guarantee that any product or service descriptions, reviews, portrayals, specifications, or the like are accurate. Under no circumstances will Prank Call Pro be responsible for any loss or damage resulting from any person’s reliance on any such product or service descriptions, reviews, or specifications contained on the Services.
THE SERVICES ARE PROVIDED “AS IS” AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY PRANK CALL PRO EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICES, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. PRANK CALL PRO DOES NOT WARRANT THAT THESE SERVICES WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR PRODUCTS PROVIDED THROUGH THE SERVICES. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICES. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
When you use the Website on your mobile device, your wireless service carrier may charge you data rates, message fees, and related fees.
XI. HYPERLINKS
A link from the Services to a non-Prank Call Pro website does not mean that Prank Call Pro endorses or accepts any responsibility for the content, functioning, policies, or use of such website, and you enter any such website at your own risk. It is your responsibility to take precautions to ensure that whatever websites or other online materials that you select for use are free of viruses and other items of a destructive nature. Additionally, we suggest you review the linked site’s terms of service and privacy policy, and if you do not agree to be bound by the terms of that site, terminate your visit to that site. We are not responsible for the privacy policies and practices of the sites operated by our business partners or other third-parties. Prank Call Pro expressly disclaims any liability related to such sites. Prank Call Pro also prohibits unauthorized hypertext links to the Services or the framing of any content available through the Services. Prank Call Pro reserves the right to disable any unauthorized links or frames.
XII. COMPLIANCE AND PROHIBITED ACTIONS
You will not use the Services in any way or for any purpose that would violate, or would have the effect of violating, any applicable laws, rules or regulations or any rights of any third-parties, including without limitation, any law or right regarding any copyright, patent, trademark, trade secret, or other proprietary or property right, false advertising, telemarketing, unfair competition, defamation, invasion of privacy, rights of celebrity, or other federal or state law, rule, or regulation.
You further represent and warrant that you will not use the Website or the Services to defraud, cause harm, wrongly obtain anything of value, send indecent or obscene content, or to annoy, abuse, threaten, harass, or make repeated telephone calls to another person. You represent and warrant that you do not have any intent to commit any of the foregoing actions. You represent and warrant that you will not use the Website or the Services for any commercial purposes. You further represent and warrant that you are 18 years of age or older and you will not order any telephone calls to be placed to any person under 18 years of age.
You are strictly prohibited from using Prank Call Pro to call emergency lines, healthcare facilities, government agencies, employees or officials, law enforcement, schools, numbers assigned to radio common carrier services, any service for which the called party is charged for the call, unless the call is made with the prior express consent of the called party. You are strictly prohibited from using Prank Call Pro to call any call recipient that is prohibited by law or regulation. Those using this site for prohibited purposes may be subject to certain identification requirements and prosecution.
XIII. RECORDING AND POSTING
Prank Call Pro routinely records the telephone calls made through the Services. Certain states allow telephone conversations to be recorded as long as one party to the conversation consents to the recording. Other states do not allow telephone conversations to be recorded unless all parties to the telephone call have knowledge of the recording and consent to the recording. When a call is placed by a voice actor, the voice actor is a party to the call and must remain on the telephone line during the entire telephone call. The voice actor represents and warrants that he or she consents to the recording of any telephone call which a user initiates through the Services and that the voice actor will comply with all state and federal laws applicable to the recording of the telephone conversations initiated through the Services, including laws applicable to the states in which the voice actor and the call recipient are located.
You represent and warrant that the recipient of any call you initiate through the services is not located in any the following states: California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania, and Washington.
Prank Call Pro may also publicly post the recording from any telephone conversation initiated through the Services. Prank Call Pro may also allow you to post a recorded telephone conversation. If you post any recording of any prank telephone call to any part of the Services, then you represent and warrant that you have all necessary rights and consents to make such posting. Do not post any recordings which contain any personal information. You represent and warrant that the posting of a recorded telephone conversation you initiate through the Services will not violate any state or federal law applicable to the states in which you and the call recipient are located. You further grant, and represent and warrant that you have the right to grant, Prank Call Pro a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, assignable, sublicensable, transferable license to use, store, copy, perform, display, and distribute such recordings. You agree to release Prank Call Pro from any liability with regard to your posting of any recordings to the Services or to any other forum or media outlet.
XIV. INDEMNIFICATION
You agree to indemnify, hold harmless and defend Prank Call Pro, its managers, members, directors, employees, agents, or affiliates (collectively the “Indemnified Parties”) at your expense, against any and all third-party claims, actions, proceedings, and suits brought against any of the Indemnified Parties, and against all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees) incurred by the Indemnified Parties arising out of or relating to (i) your breach of any term or condition of these Terms, (ii) your Posting of User Content, (iii) your use of the Services, including, but not limited to, your initiation of any telephone call through the Services or your posting of any recording to the Services or any other forum, or (iv) your unauthorized use of the Services. In such a case, the Indemnified Party or Parties will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. The Indemnified Party or Parties will reserve the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
XV. LIMITATIONS OF LIABILITY
PRANK CALL PRO WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY (A) INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, (B) LOSS OF PROFITS, (C) LOSS OF DATA OR INFORMATION, OR (D) REPUTATIONAL HARM, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF PRANK CALL PRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
NOTWITHSTANDING ANYTHING SET FORTH IN THIS AGREEMENT TO THE CONTRARY, PRANK CALL PRO’S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF (1) THE AGGREGATE FEES PAID BY YOU FOR THE SERVICES SUBJECT TO THESE TERMS DURING THE PREVIOUS SIX (6) MONTHS, OR (2) ONE HUNDRED AND 00/100 DOLLARS ($100.00). YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE WEBSITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICES.
XVI. TERMS AND TERMINATION
You may terminate these Terms at any time by closing your account, discontinuing your use of the Services, and providing Prank Call Pro with a notice of termination. Please review these Terms and our Privacy Policy for information about what we do with your account when terminated. We may terminate your account, suspend your ability to use certain portions of the Services and/or ban you altogether from the Services for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Services, your User Content, other content on the Services, or any other related information. In the event of any termination of these Terms, any provisions by which their nature should continue following termination of these Terms shall so continue.
XVII. PRIVACY, USE, AND DISSEMINATION OF PERSONAL INFORMATION
The Services are governed by the Prank Call Pro Privacy Policy which is incorporated into these Terms by this reference. Please read the Privacy Policy before accessing the Services or providing any personal information through the Services.
In addition to the collection, use, and disclosure of information discussed in the Privacy Policy, by providing any personal or non-personal information to Prank Call Pro through the Services, or by using the Services, you automatically grant, and warrant and represent that you have the right to grant, Prank Call Pro a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, assignable, sublicensable, transferable license to collect, store, use, reproduce, disclose, transfer, and disseminate your collected personal and non-personal information in order to provide the services contemplated under these Terms, to manage your account, to send you communications, or for any other lawful purpose in Prank Call Pro’s sole discretion.
Prank Call Pro, and any third-parties to which Prank Call Pro provided your contact information, may contact you via any method of communication you submitted through the services, including, but not limited to, email, cell phone, or text message. By providing Prank Call Pro your contact information, you agree to receive communications from Prank Call Pro or other third-parties who obtained your contact information from Prank Call Pro.
XVIII. ADVERTISEMENTS
Prank Call Pro may support the Services by using advertisements. These advertisements may be targeted to the content or information stored on or submitted through the Services. Advertisements may also be targeted based on information stored in cookies or similar objects on your computer or device, including cookies which track your internet usage across sites and over time. The manner, mode, and extent of advertising on the Services are subject to change without notice. Prank Call Pro may place advertisements on the telephone calls initiated through the Services. You agree that Prank Call Pro may place advertising on the Services and you agree not to block such advertising.
XIX. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside and to comply with any other local laws affecting the transmission or posting of content or affecting the privacy of persons.
XX. APPLICABLE LAW AND VENUE
These Terms shall be governed by and construed under the laws of the state of Delaware without reference to its conflicts of law principles. In the event of any conflicts between foreign law, rules, and regulations, and Delaware law, rules, and regulations, Delaware law, rules and regulations shall prevail and govern. Subject to the mandatory arbitration provision below, each party agrees to submit to the exclusive and personal jurisdiction of the courts located in the State of Delaware. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to these Terms. The products and services provided by Prank Call Pro hereunder are controlled by U.S. Export Regulations, and they may not be exported to or used by embargoed countries or individuals. Any notices to Prank Call Pro must be sent to:
Prank Call Pro, LLC
support@prankcallpro.com
XXI. MANDATORY ARBITRATION AND PROHIBITION ON CLASS ACTIONS
The parties hereto agree and understand that any dispute or claim related to your use of the Services, any dispute or claim related to your purchase or use of any products or services sold through the Services, any disputes regarding any alleged breach of these Terms, to the extent such dispute cannot otherwise be resolved, as well as any other action to enforce these Terms or for the breach of these Terms, shall be referred to final and binding arbitration, and not in court. The Federal Arbitration Act and federal arbitration law apply to this agreement.
Any arbitration proceeding will take place in the State of Delaware, subject to the laws of the State of Delaware and will otherwise be governed by the then-current commercial arbitration rules of the American Arbitration Association, and the parties hereto expressly waive their rights, if any, to have any such matters heard by a court or jury, or administrative agency whether federal or state. The parties in any arbitration to enforce this agreement or remedy its breach will equally share the costs associated with such arbitration proceedings; provided, that, each party shall pay its own attorney’s fees. Within fourteen (14) days after the commencement of arbitration, each party shall select one person to act as arbitrator and the two selected shall select a third arbitrator within ten (10) days of their appointment. If the arbitrators selected by the parties are unable or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the American Arbitration Association.
All parties agree that any dispute resolution proceedings (including any arbitrations and any court proceedings) will be conducted only on an individual basis and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class actions and class arbitrations are prohibited. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
XXII. MISCELLANEOUS
These Terms (including any amendment agreed upon by the parties in writing) represent the complete agreement between us concerning its subject matter, and supersedes all prior agreements and representations between the parties. If any provision of these Terms are held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms shall continue in full force and effect. A waiver of any default is not a waiver of any subsequent default. The relationship between Prank Call Pro and you is not one of a legal partnership relationship, but is one of independent contractors. These Terms shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.