This is an agreement ("Agreement") between you (as "user"), and Prank Calling Apps, LLC ("PCA" or "we"), which includes PCA and any third-party service providers to PCA, including developers and content providers.
The following are the terms and conditions (the "Terms") for use of MESSAGEBOMBER.COM website (the "Website") and its services (collectively, the Website and its services are referred to herein as the "Service").
Use of the Service is conditioned on your acceptance of the Terms herein, including the class action waiver, and by accessing, using, or submitting information through the Service, you confirm that you have read and understood, and unconditionally accept, these Terms. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE SERVICE.
- OVERVIEW, PROHIBITED USES, REFUSAL OF SERVICE, AND COMPLAINTS
OVERVIEW. The Service is provided for entertainment purposes only. You may use the Service only with people you personally know. You may not use the Service to text anyone with whom you do not have a personal relationship. The Service allows users to initiate texts to a friend ("recipient") through the use of a cell phone number you as the user provide. The user is the initiator of the text messages sent and causes the texts to be sent at the time of the user"s choosing.
The text messages sent to the recipient will not appear to come from your phone number. However, PCA does not and cannot guarantee that the identity, telephone number, email address, or other personal information for the user will never be disclosed to the recipient. It is PCA"s policy to disclose such information on request from the recipient. Accordingly, you will not necessarily remain anonymous.
PROHIBITED USES. You are strictly prohibited from:
- Using the Service to send text messages to any emergency lines, health care facilities, government agencies, employees or officials, law enforcement, schools, numbers assigned to radio common carrier service, or any service for which the recipient is charged for the text message.
- Using the Service for any improper purpose, including but not limited to defrauding, causing harm, wrongly obtaining anything of value, annoying, abusing, threatening, intimidating, or harassing any person.
- Using the Service to send text messages in any manner that violates federal or state laws and regulations, or if you are prohibited from contacting the recipient by law, regulation, or court order.
- Using the Service in any manner that violates the rights of any third parties, including without limitation, any intellectual property rights or rights of privacy.
- Using the Service for any commercial purpose.
- Using the Service to send text messages to any person who is under 18 years of age.
You are solely responsible for ensuring that your use of the Service complies with all relevant federal and state laws and regulations, including those in the state or states in which you and the recipient are located.
REFUSAL OF SERVICE. Violation of any of the foregoing restrictions shall result in immediate termination of your use of the Service, and could subject you to criminal prosecution or civil penalties. PCA reserves the right, with or without notice, and in the sole and absolute discretion, to terminate your use of the Service or refuse service to you in the event of any improper use of the Service or use of the Service in violation of any of these Terms.
COMPLAINTS. If you want to block your telephone number from receiving texts from any of PCA"s platforms (including MESSAGEBOMBER.COM, MESSAGEBOMBER.COM and MESSAGEBOMBER.COM), use the form available at https://MESSAGEBOMBER.com/block.php. Please allow at least 7 business days for your request to become effective. Your request will be honored across all PCA platforms.
- INFORMATION SUBMISSION AND PAYMENT
INFORMATION SUBMISSION. In order to utilize the Service, you must provide a valid email address at which you will receive information from PCA concerning your transaction. You expressly represent and warrant that you have provided accurate information and that you are authorized to provide such information.
PAYMENT. If you make any purchases through the Website, you agree to pay all applicable fees for those purchases. PCA uses third-party payment processing companies (PayPal and Stripe) and PCA does not store or maintain a copy of your payment information. However, your payment information, including account information, maintained with the third-party payment processing companies may be accessed by PCA.
III. MODIFICATIONS TO TERMS OF SERVICE AND OTHER POLICIES
PCA reserves the right to modify any of the Terms or any policies governing the use of the Service, at any time, by posting the revised terms on the Website. The most current version of these Terms will be located on the Website. Any such modification will be effective upon our posting of such new Terms. You should revisit these Terms on a regular basis. You understand and agree that your access to or use of the Service is governed by the then-current Terms effective at the time of your access to or use of the Service. You understand and agree that your continued access to or use of the Service after the effective date of modifications to the Terms indicates your acceptance of the modifications.
- PROPRIETARY RIGHTS
PCA expressly reserves all right, title, and interest in and to the Service and the Service"s content, including any federal or state copyright, patent, trademark or other intellectual property right pertaining thereto.
- THIRD-PARTY SERVICES
The Service uses one or more third parties (PayPal and Stripe) to process payments. You expressly acknowledge that by using the Service, you are sharing your payment information with a third party. 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 you and the third party. PCA disclaims all warranties or representations regarding any third-party services.
PCA, in its sole discretion, and without notice, may utilize a third party to provide any services in connection with the Service.
- DEVICE AND WIRELESS CARRIER LIMITATIONS AND DISCLAIMERS
While PCA attempts to provide all service functions and features to all users, use of the Service may be limited for some or all users due to conditions outside of PCA"s control. As a result, not all 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 Service; your wireless voice and/or data signal may make access to the Service or some of its features intermittent or unavailable; and the Service and its features may not be available in some geographic locations.
PCA is not liable for, and expressly disclaims, any liability, representations or warranties, regarding access to the Service or features through a particular wireless carrier, network, or plan, on a particular device, or in a particular location.
You are solely responsible for any costs you incur to access the Service through your mobile device.
VII. REPRESENTATIONS, WARRANTIES, AND DISCLAIMER OF WARRANTIES
REPRESENTATIONS AND WARRANTIES. By using the Service, you expressly represent and warrant:
- You are 18 years of age or older.
- You have provided complete and accurate registration and payment information, including a valid email address for you.
- You are authorized by the recipient to provide the recipient"s phone number to the Service for the purpose of the recipient receiving text messages from the Service.
- You represent and warrant that you will abide by all federal and state laws and regulations applicable to the use of the Service, and that you will not undertake any action in violation of any such law or the prohibited uses set forth herein.
- In authorizing the Service to send email messages to you and text messages to one or more other users on your behalf, that YOU AND EACH PERSON YOU HAVE INSTRUCTED US TO MESSAGE CONSENT TO RECEIVE SUCH MESSAGES AND ANY OTHER RELATED ADMINISTRATIVE TEXT MESSAGES FROM PCA. "Administrative text messages" are transactional messages from PCA, including but not limited to instructional messages on how to stop receiving messages. Recipients who no longer wish to receive messages can opt-out of receiving further messages from PCA at any time by replying "STOP" to any text message or by following the instructions provided for blocking their number. If you have reason to believe that a recipient no longer wishes to receive messages from PCA, you agree to submit the recipient"s phone number through the Block My Line link provided on each of PCA"s platforms. You also represent and warrant to us that you and each person you have instructed us to message understands that each person is responsible for the costs of any message charges assessed by his or her mobile carrier, including any international message charges that may apply when messages are transmitted from U.S.-based numbers.
DISCLAIMER OF WARRANTIES. YOU ACKNOWLEDGE THAT THE SERVICE IS PROVIDED TO YOU "AS IS" AND ON AN "AS AVAILABLE" BASIS.
PCA EXPRESSLY DISCLAIMS ANY WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ARISING OUT OF ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE, AND ANY WARRANTY THAT (I) ANY INFORMATION PROVIDED BY THE SERVICE WILL BE ACCURATE, (II) THE SERVICE WILL BE ERROR-FREE OR ACCESSIBLE AT ALL TIMES, (III) DEFECTS WILL BE CORRECTED, (IV) THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENT, (V) THE USE OR THE RESULTS OF THE USE OF THE SERVICE OR THE MATERIALS MADE AVAILABLE AS PART OF THE SERVICE WILL BE CORRECT, ACCURATE, TIMELY, OR OTHERWISE RELIABLE, OR (VI) THAT THE SERVICE WILL BE SUPPORTED ON ALL WEB BROWSERS OR MOBILE OPERATING SYSTEMS.
SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY AND IN SUCH A CIRCUMSTANCE, THIS DISCLAIMER SHALL BE CONSTRUED TO DISCLAIM ALL WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold harmless PCA, its managers, members, officers, directors, employees, agents, and contractors (collectively the "Indemnified Parties") from and against any and all costs, damages, liabilities, and expenses (including but not limited to attorneys" fees, fees incurred in settling disputes, and fees incurred enforcing this indemnification provision) that PCA may incur arising from any third-party claim, action, suit, or demand relating to (i) your violation of the Terms; (ii) your use of the Service; (iii) your interaction with other users or recipients; or (iv) violation of any federal or state law or regulation, including specifically and without limitation, the Telephone Consumer Protection Act, or any other telecommunications-related laws or regulations.
In the event of any of the foregoing, the Indemnified Party or Parties will provide you with written notice of such claim, action, suit, or demand. You shall cooperate as fully as reasonably required in the defense of any claim and at your expense. You remain solely responsible for the costs of PCA"s defense and must obtain PCA"s express written consent to any settlement. You agree to notify PCA of any claim, action, suit, or demand brought against you related to the Service. The Indemnified Party or Parties reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, including with respect to any settlement of any claim.
- LIMITATION OF LIABILITY
PCA WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY (INCLUDING, SPECIFICALLY, ANY RECIPIENT TO WHOM YOU CHOOSE TO SEND TEXT MESSAGES) FOR ANY (A) INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY, STATUTORY, OR INCIDENTAL DAMAGES, (B) LOSS OF PROFITS, (C) LOSS OF DATA OR INFORMATION, OR (D) REPUTATIONAL HARM, WHETHER BASED ON CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, EVEN IF PCA 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, AND IN SUCH A CIRCUMSTANCE THIS SECTION SHALL BE CONSTRUED TO LIMIT PCA"S LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
NOTWITHSTANDING ANYTHING SET FORTH IN THIS AGREEMENT TO THE CONTRARY, PCA"S TOTAL AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIM, ACTION, SUIT, OR DEMAND ARISING OUT OF OR RELATING TO THIS AGREEMENT OR USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF (1) THE AGGREGATE FEES PAID BY YOU FOR USE OF THE SERVICE 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 SERVICE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO OR USE OF THE SERVICE.
FOR THE AVOIDANCE OF DOUBT, THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SHALL NOT APPLY TO YOUR INDEMNIFICATION OBLIGATIONS UNDER IN THIS AGREEMENT.
- DISCONTINUANCE OF SERVICE AND USE OF SERVICE
PCA may terminate, change, suspend, or discontinue the Service (including without limitation, the availability of any feature), or your access to all or any part of the Service, at any time, with or without cause or notice, effective immediately.
In the event you discontinue use of the Service, these Terms shall continue in full force and effect.
- USE AND DISCLOSURE OF PERSONAL INFORMATION, COOKIES
USE AND DISCLOSURE. PCA maintains only transactional records, which include the user"s email address and the recipient"s phone number as provided by the user. By providing your email address to the Service, you expressly consent to receive email from PCA for purposes of the transaction and related purposes, including but not limited to PCA promotions and advertisements for services provided by PCA through any of its platforms.
PCA may collect, use, and disclose any personal or non-personal information you provide through the Service, including for the purpose of providing the services, managing your account, processing your payment, to send you communications, or for any other lawful purposes, in PCA"s sole discretion.
Notwithstanding the foregoing, PCA does not share your email address information or the recipient"s phone number you provide with third parties.
If you want to control which cookies you accept, you can configure your browser to accept all cookies or to alert you every time a cookie is offered by a website"s server. Most browsers automatically accept cookies. You can set your browser option so that you will not receive cookies and you can also delete existing cookies from your browser. You may find that some parts of the Website will not function properly if you have refused cookies. If you do not configure your browser you will accept cookies provided by the Website.
XII. APPLICABLE LAW, VENUE, AND NOTICES
APPLICABLE LAW. By using the Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Florida, without regard to its conflict of laws principles, govern these Terms and any dispute that might arise between you and PCA.
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.
VENUE. Subject to the mandatory arbitration provision below, you agree to submit to the exclusive and personal jurisdiction of the federal and state courts located in Volusia County, Florida.
NOTICES. Any notices to PCA must be sent via first class mail or overnight courier, and are deemed given upon receipt by:
Prank Calling Apps, LLC
124 North Nova Road #5019
Ormond Beach, FL 32174
XIII. MANDATORY ARBITRATION AND CLASS ACTIONS WAIVER
MANDATORY ARBITRATION. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SERVICE, OR TO ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED BY PCA, WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
Any arbitration proceeding will take place in Volusia County, Florida, subject to the laws of the State of Florida, 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 attorneys" fees. Within fourteen (14) days after the commencement of arbitration, the parties shall select one mutually-agreeable arbitrator. If the parties are unable to agree upon the arbitrator, the alternative dispute resolution provider shall select the arbitrator.
Any award rendered by the arbitrator may be entered in any court of competent jurisdiction.
CLASS ACTIONS WAIVER. WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. You hereby acknowledge that 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.
These Terms represent the complete agreement between you and PCA concerning the subject matter hereof, and supersede any prior agreements and representations, whether oral, written, or otherwise, between the parties.
If any provision of these Terms is held to be unenforceable for any reason, such provision shall be severed or reformed to the maximum extent permissible to make it enforceable and so as to effect the intent of the parties, and the remainder of these Terms shall continue in full force and effect.
A waiver by PCA of any of the Terms or of any breach by you, shall not be deemed to be a waiver of any other of the Terms or of any subsequent breach by you.
This Agreement and these Terms do not create any legal relationship between the parties other than as contracting parties. These Terms shall be binding on the parties" respective successors, assigns, heirs, and estates.