PLEASE READ THE FOLLOWING TERMS OF SERVICE AND LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING, USING, OR ACCESSING ANY PART OF THE MESSAGEBOMBER.COM MOBILE APPLICATION OR THE MESSAGEBOMBER.COM WEBSITE.
The following are the terms and conditions for use of MESSAGEBOMBER.COM and its services (the “Website”) .
By accessing the Services, continuing to access the Services, or submitting any information through the Services, and in consideration for the services MESSAGEBOMBER.COM 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 MESSAGEBOMBER.COM Website, Application, and Services allow users to initiate prank telephone calls and texts to their friends through the use of a cell phone number. The initiating user is a party to these prank telephone calls or texts. The Services are provided for entertainment purposes only. The website does not guarantee refunds for any purchases.
You are solely responsible for the calls or texts you initiate through the service 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 MESSAGEBOMBER.COM to call emergency lines, health care 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 MESSAGEBOMBER.COM 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.
If you want to block your telephone number from receiving prank calls from the Services, use the form available at https://messagebomber.com/block.php. Please allow at least 7 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 a temporary account. In order to create an account, you must complete the registration process by providing MESSAGEBOMBER.COM with complete and accurate information as prompted by the registration form. If you create an account on behalf of an entity, these Terms bind both you and the entity.
Refusal of Service. MESSAGEBOMBER.COM 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 MESSAGEBOMBER.COM in its sole discretion.
Payment. If you make any purchases through the Application or 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.
III. MODIFICATIONS TO TERMS OF SERVICE AND OTHER POLICIES
MESSAGEBOMBER.COM 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 or Application. The most current version of these Terms will be located on the Application and 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 email or 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, MESSAGEBOMBER.COM 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. 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. MESSAGEBOMBER.COM disclaims all warranties or representations regarding any third-party services.
MESSAGEBOMBER.COM , in its sole discretion, and without notice to you or any user, may subcontract any Services to be performed by a third-party.
VI. DEVICE AND WIRELESS CARRIER LIMITATIONS AND DISCLAIMERS
While MESSAGEBOMBER.COM attempts to provide all service functions and features to all users, use of the Application and the Services may be limited for some or all users due to conditions outside of MESSAGEBOMBER.COM 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 Applications or some of its feature intermittent or unavailable. The Application and its features may not be available in some geographic locations.
MESSAGEBOMBER.COM is not liable, and expressly disclaims any representations or warranties, regarding access to the Application or its services or features through a particular wireless carrier, network, or plan, on a particular device, or in a particular location. MESSAGEBOMBER.COM does not guarantee that the Services will always be accessible or available. You are solely responsible for any costs you incur to access the Application through your mobile device.
VII. REPRESENTATIONS, WARRANTIES, AND DISCLAIMERS
MESSAGEBOMBER.COM 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 Application 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 MESSAGEBOMBER.COM’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 Application or the Services, limitations due to your particular mobile device, or any other reason which may prevent the Application and its services from being accessible at all times. MESSAGEBOMBER.COM disclaims any liability as a result of any user’s inability to access or use the Application or the Services at a particular time, location, on a particular device, or using a particular wireless provider.
MESSAGEBOMBER.COM 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.
THE SERVICES ARE PROVIDED “AS IS” AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY MESSAGEBOMBER.COM 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. MESSAGEBOMBER 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.
VIII. 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, the Application, 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, the Application, 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 cause any telephone calls to be placed to any person under 18 years of age.
You are strictly prohibited from using MESSAGEBOMBER.COM to call emergency lines, health care 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 MESSAGEBOMBER.COM 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.
You agree to indemnify, hold harmless and defend MESSAGEBOMBER.COM, 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.
X. LIMITATIONS OF LIABILITY
MESSAGEBOMBER.COM 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 MESSAGEBOMBER.COM 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, MESSAGEBOMBER.COM 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.
XI. TERMS AND TERMINATION
XII. PRIVACY, USE, AND DISSEMINATION OF PERSONAL INFORMATION
MESSAGEBOMBER.COM, and any third-parties to which MESSAGEBOMBER.COM 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 MESSAGEBOMBER.COM your contact information, you agree to receive communications from MESSAGEBOMBER.COM or other third-parties who obtained your contact information from MESSAGEBOMBER.COM.
MESSAGEBOMBER.COM 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. MESSAGEBOMBER.COM may place advertisements on the telephone calls initiated through the Services. You agree that MESSAGEBOMBER.COM may place advertising on the Services and you agree not to block such advertising.
XIIII. APPLICABLE LAW AND VENUE
These Terms shall be governed by and construed under the laws of the state of New York without reference to its conflicts of law principles. In the event of any conflicts between foreign law, rules, and regulations, and New York law, rules, and regulations, New York 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 New York. 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 MESSAGEBOMBER.COM 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 MESSAGEBOMBER.COM must be sent to:
124 North Nova Road #5019, Ormond Beach FL 32174
via first class or air mail or overnight courier, and are deemed given upon receipt.
XV. 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 New York, subject to the laws of the State of New York 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.
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 MESSAGEBOMBER.COM 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.
XVII. THIRD-PARTY VENDORS AND ADVERTISERS
We may combine information gathered from one or more of these services. To learn more about this behavioral advertising practice or to opt-out of this type of advertising, you can visit the websites of the Digital Advertising Alliance at http://www.aboutads.info/choices or Your Online Choices at http://www.youronlinechoices.com/uk/. To opt-out of the use of your mobile device ID for targeted advertising, please see http://www.aboutads.info/appchoices.
Notwithstanding any other provision, We may also engage a third party partner for the purpose of identifying users and delivering to them interest-based content and advertisements. We may share information about you with our partners such as your name, postal address, email, or other identifier and may do so non-human readable form to ensure the security of your information. Our partners also may collect information directly from your device, such as your IP address, device ID, information about your browser or operating system, and depending on your device settings, your geographic location data, including GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your mobile device; may combine our personal and non-personal information about you with information from other sources; and may place or recognize a unique cookie on your browser.
To opt-out of third party cookies, please go to http://www.aboutads.info/choices or Your Online Choices at http://www.youronlinechoices.com/uk/. To opt-out of the use of your mobile device ID for targeted advertising, please see http://www.aboutads.info/appchoices.