Phrases of Service & Privateness Coverage

Final Up to date: April 25, 2019

PLEASE READ THE FOLLOWING TERMS OF SERVICE AND PRIVACY POLICY CAREFULLY BEFORE ACCESSING OR USING THE BLOWUPTHEPHONE.COM WEBSITE.

That is an settlement (“Agreement”) between you (as “user”), and Prank Calling Apps, LLC (“PCA” or “we”), which incorporates PCA and any third-party service suppliers to PCA, together with builders and content material suppliers.

The next are the phrases and situations (the “Terms”) to be used of BLOWUPTHEPHONE.COM web site (the “Website”) and its companies (collectively, the Web site and its companies are referred to herein because the “Service”).

Use of the Service is conditioned in your acceptance of the Phrases herein, together with the category motion waiver, and by accessing, utilizing, or submitting info by means of the Service, you verify that you’ve learn and understood, and unconditionally settle for, these Phrases. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE SERVICE.

  1. OVERVIEW, PROHIBITED USES, REFUSAL OF SERVICE, AND COMPLAINTS

OVERVIEW. The Service is supplied for leisure functions solely. Chances are you’ll use the Service solely with folks you personally know. Chances are you’ll not use the Service to textual content anybody with whom you do not need a private relationship. The Service permits customers to provoke texts to a pal (“recipient”) by means of the usage of a cellphone quantity you because the consumer present. The consumer is the initiator of the textual content messages despatched and causes the texts to be despatched on the time of the consumer”s selecting.

The textual content messages despatched to the recipient won’t seem to return out of your telephone quantity. Nonetheless, PCA doesn’t and can’t assure that the id, phone quantity, electronic mail deal with, or different private info for the consumer won’t ever be disclosed to the recipient. It’s PCA”s coverage to reveal such info on request from the recipient. Accordingly, you’ll not essentially stay nameless.

PROHIBITED USES. You might be strictly prohibited from:

  1. Utilizing the Service to ship textual content messages to any emergency traces, well being care amenities, authorities companies, staff or officers, legislation enforcement, faculties, numbers assigned to radio frequent service service, or any service for which the recipient is charged for the textual content message.
  2. Utilizing the Service for any improper goal, together with however not restricted to defrauding, inflicting hurt, wrongly acquiring something of worth, annoying, abusing, threatening, intimidating, or harassing any individual.
  3. Utilizing the Service to ship textual content messages in any method that violates federal or state legal guidelines and rules, or in case you are prohibited from contacting the recipient by legislation, regulation, or courtroom order.
  4. Utilizing the Service in any method that violates the rights of any third events, together with with out limitation, any mental property rights or rights of privateness.
  5. Utilizing the Service for any business goal.
  6. Utilizing the Service to ship textual content messages to any one who is underneath 18 years of age.

You might be solely accountable for making certain that your use of the Service complies with all related federal and state legal guidelines and rules, together with these within the state or states during which you and the recipient are situated.

REFUSAL OF SERVICE. Violation of any of the foregoing restrictions shall lead to speedy termination of your use of the Service, and will topic you to felony prosecution or civil penalties. PCA reserves the fitting, with or with out discover, and within the sole and absolute discretion, to terminate your use of the Service or refuse service to you within the occasion of any improper use of the Service or use of the Service in violation of any of those Phrases.

COMPLAINTS. If you wish to block your phone quantity from receiving texts from any of PCA”s platforms (together with BLOWUPTHEPHONE.COM, BLOWUPTHEPHONE.COM and MESSAGEBOMBER.COM), use the shape out there at https://BLOWUPTHEPHONE.com/block.php. Please permit a minimum of 7 enterprise days to your request to grow to be efficient. Your request shall be honored throughout all PCA platforms.

  1. INFORMATION SUBMISSION AND PAYMENT

INFORMATION SUBMISSION. With the intention to make the most of the Service, you need to present a legitimate electronic mail deal with at which you’ll obtain info from PCA regarding your transaction. You expressly signify and warrant that you’ve supplied correct info and that you’re approved to offer such info.

PAYMENT. Should you make any purchases by means of the Web site, you comply with pay all relevant charges for these purchases. PCA makes use of third-party fee processing firms (PayPal and Stripe) and PCA doesn’t retailer or preserve a replica of your fee info. Nonetheless, your fee info, together with account info, maintained with the third-party fee processing firms could also be accessed by PCA.

III. MODIFICATIONS TO TERMS OF SERVICE AND OTHER POLICIES

PCA reserves the fitting to change any of the Phrases or any insurance policies governing the usage of the Service, at any time, by posting the revised phrases on the Web site. Probably the most present model of those Phrases shall be situated on the Web site. Any such modification shall be efficient upon our posting of such new Phrases. It is best to revisit these Phrases frequently. You perceive and agree that your entry to or use of the Service is ruled by the then-current Phrases efficient on the time of your entry to or use of the Service. You perceive and agree that your continued entry to or use of the Service after the efficient date of modifications to the Phrases signifies your acceptance of the modifications.

  1. PROPRIETARY RIGHTS
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PCA expressly reserves all proper, title, and curiosity in and to the Service and the Service”s content material, together with any federal or state copyright, patent, trademark or different mental property proper pertaining thereto.

  1. THIRD-PARTY SERVICES

The Service makes use of a number of third events (PayPal and Stripe) to course of funds. You expressly acknowledge that by utilizing the Service, you’re sharing your fee info with a 3rd occasion. Your interactions with any of those third events is managed by the phrases and situations imposed by these third events. Any disputes arising relating to a 3rd occasion”s companies should be resolved straight between you and the third occasion. PCA disclaims all warranties or representations relating to any third-party companies.

PCA, in its sole discretion, and with out discover, might make the most of a 3rd occasion to offer any companies in reference to the Service.

  1. DEVICE AND WIRELESS CARRIER LIMITATIONS AND DISCLAIMERS

Whereas PCA makes an attempt to offer all service capabilities and options to all customers, use of the Service could also be restricted for some or all customers resulting from situations exterior of PCA”s management. In consequence, not all options could also be out there to you always. A few of these situations embody, however usually are not restricted to, the next: your cellular system or your wi-fi service might restrict the options out there to you; your knowledge or messaging plan might restrict your use of the Service; your wi-fi voice and/or knowledge sign might make entry to the Service or a few of its options intermittent or unavailable; and the Service and its options is probably not out there in some geographic areas.

PCA is just not answerable for, and expressly disclaims, any legal responsibility, representations or warranties, relating to entry to the Service or options by means of a specific wi-fi service, community, or plan, on a specific system, or in a specific location.

You might be solely accountable for any prices you incur to entry the Service by means of your cellular system.

VII. REPRESENTATIONS, WARRANTIES, AND DISCLAIMER OF WARRANTIES

REPRESENTATIONS AND WARRANTIES. Through the use of the Service, you expressly signify and warrant:

  1. You might be 18 years of age or older.
  2. You may have supplied full and correct registration and fee info, together with a legitimate electronic mail deal with for you.
  3. You might be approved by the recipient to offer the recipient”s telephone quantity to the Service for the aim of the recipient receiving textual content messages from the Service.
  4. You signify and warrant that you’ll abide by all federal and state legal guidelines and rules relevant to the usage of the Service, and that you’ll not undertake any motion in violation of any such legislation or the prohibited makes use of set forth herein.
  5. In authorizing the Service to ship electronic mail messages to you and textual content messages to a number of different customers in 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, together with however not restricted to tutorial messages on cease receiving messages. Recipients who now not want to obtain messages can opt-out of receiving additional messages from PCA at any time by replying “STOP” to any textual content message or by following the directions supplied for blocking their quantity. In case you have cause to consider {that a} recipient now not needs to obtain messages from PCA, you comply with submit the recipient”s phone number through the Block My Line link provided on each of PCA”s platforms. You additionally signify and warrant to us that you simply and every individual you’ve instructed us to message understands that every individual is accountable for the prices of any message expenses assessed by his or her cellular service, together with any worldwide message expenses which will 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.

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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.

VIII. INDEMNIFICATION

You comply with indemnify, defend, and maintain innocent PCA, its managers, members, officers, administrators, staff, brokers, and contractors (collectively the “Indemnified Parties”) from and in opposition to any and all prices, damages, liabilities, and bills (together with however not restricted to attorneys” charges, charges incurred in settling disputes, and costs incurred imposing this indemnification provision) that PCA might incur arising from any third-party declare, motion, swimsuit, or demand referring to (i) your violation of the Phrases; (ii) your use of the Service; (iii) your interplay with different customers or recipients; or (iv) violation of any federal or state legislation or regulation, together with particularly and with out limitation, the Phone Shopper Safety Act, or every other telecommunications-related legal guidelines or rules.

Within the occasion of any of the foregoing, the Indemnified Social gathering or Events will offer you written discover of such declare, motion, swimsuit, or demand. You shall cooperate as totally as fairly required within the protection of any declare and at your expense. You stay solely accountable for the prices of PCA”s defense and must obtain PCA”s categorical written consent to any settlement. You comply with notify PCA of any declare, motion, swimsuit, or demand introduced in opposition to you associated to the Service. The Indemnified Social gathering or Events reserve the fitting to imagine the unique protection and management of any matter topic to indemnification by you, together with with respect to any settlement of any declare.

  1. 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.

  1. DISCONTINUANCE OF SERVICE AND USE OF SERVICE

PCA might terminate, change, droop, or discontinue the Service (together with with out limitation, the provision of any characteristic), or your entry to any or all a part of the Service, at any time, with or with out trigger or discover, efficient instantly.

Within the occasion you discontinue use of the Service, these Phrases shall proceed in full power and impact.

  1. USE AND DISCLOSURE OF PERSONAL INFORMATION, COOKIES

USE AND DISCLOSURE. PCA maintains solely transactional data, which embody the consumer”s email address and the recipient”s telephone quantity as supplied by the consumer. By offering your electronic mail deal with to the Service, you expressly consent to obtain electronic mail from PCA for functions of the transaction and associated functions, together with however not restricted to PCA promotions and ads for companies supplied by PCA by means of any of its platforms.

PCA might gather, use, and disclose any private or non-personal info you present by means of the Service, together with for the aim of offering the companies, managing your account, processing your fee, to ship you communications, or for every other lawful functions, in PCA”s sole discretion.

However the foregoing, PCA doesn’t share your electronic mail deal with info or the recipient”s telephone quantity you present with third events.

COOKIE POLICY. To reinforce your expertise on the Web site, our internet pages use “cookies.” Cookies are small textual content information that we place in your pc’s browser to retailer your preferences. Cookies, by themselves, don’t inform us your electronic mail deal with or different private info except you select to offer this info to us by means of the Service. When you select to offer an internet web page with private info, this info could also be linked to the information saved within the cookie. A cookie is like an identification card. It’s distinctive to your pc and may solely be learn by the server that gave it to you.

PCA makes use of cookies to know website utilization and to enhance the content material and choices on the Web site. For instance, we might use cookies to personalize your expertise on PCA”s internet pages or to give you services.

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If you wish to management which cookies you settle for, you possibly can configure your browser to just accept all cookies or to provide you with a warning each time a cookie is obtainable by a web site”s server. Most browsers robotically settle for cookies. You may set your browser choice in order that you’ll not obtain cookies and you may as well delete present cookies out of your browser. Chances are you’ll discover that some elements of the Web site won’t operate correctly in case you have refused cookies. If you don’t configure your browser you’ll settle for cookies supplied by the Web site.

We may use small items of software program code known as “web beacons” or “clear gifs” to gather nameless and combination knowledge, comparable to counting web page views. Internet beacons can acknowledge sure sorts of info on a consumer”s computer, such as a user”s cookie quantity, time and date of a web page view, and outline of the web page the place the net beacon is positioned. Internet beacons could also be used to ship cookies that conform with this Cookie Coverage.

XII. APPLICABLE LAW, VENUE, AND NOTICES

APPLICABLE LAW. Through the use of the Service, you agree that the Federal Arbitration Act, relevant federal legislation, and the legal guidelines of the state of Florida, with out regard to its battle of legal guidelines ideas, govern these Phrases and any dispute which may come up between you and PCA.

The United Nations Conference on Contracts for the Worldwide Sale of Items and the Uniform Laptop Info Transactions Act shall not apply to those Phrases.

VENUE. Topic to the obligatory arbitration provision beneath, you comply with undergo the unique and private jurisdiction of the federal and state courts situated in Volusia County, Florida.

NOTICES. Any notices to PCA should be despatched through first-class mail or in a single day courier, and are deemed given upon receipt by:

Prank Calling Apps, LLC

124 North Nova Highway #5019

Ormond Seashore, 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, besides that you could be assert claims in small claims courtroom in case your claims qualify. The Federal Arbitration Act and federal arbitration legislation apply to this Settlement.

There is no such thing as a choose or jury in arbitration, and courtroom assessment of an arbitration award is proscribed. Nonetheless, an arbitrator can award on a person foundation the identical damages and aid as a courtroom (together with injunctive and declaratory aid or statutory damages), and should observe these Phrases as a courtroom would.

Any arbitration continuing will happen in Volusia County, Florida, topic to the legal guidelines of the State of Florida, and can in any other case be ruled by the then-current business arbitration guidelines of the American Arbitration Affiliation, and the events hereto expressly waive their rights, if any, to have any such issues heard by a courtroom or jury, or administrative company, whether or not federal or state. The events in any arbitration to implement this Settlement or treatment its breach will equally share the prices related to such arbitration proceedings; supplied, that, every occasion shall pay its personal attorneys” charges. Inside fourteen (14) days after the graduation of arbitration, the events shall choose one mutually-agreeable arbitrator. If the events are unable to agree upon the arbitrator, the choice dispute decision supplier shall choose the arbitrator.

Any award rendered by the arbitrator could also be entered in any courtroom 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 sophistication arbitrations are prohibited. If for any cause a declare proceeds in courtroom relatively than in arbitration WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. We additionally each agree that you simply or we might deliver swimsuit in courtroom to enjoin infringement or different misuse of mental property rights.

XIV. MISCELLANEOUS

These Phrases signify the entire settlement between you and PCA regarding the subject material hereof, and supersede any prior agreements and representations, whether or not oral, written, or in any other case, between the events.

If any provision of those Phrases is held to be unenforceable for any cause, such provision shall be severed or reformed to the utmost extent permissible to make it enforceable and in order to impact the intent of the events, and the rest of those Phrases shall proceed in full power and impact.

A waiver by PCA of any of the Phrases or of any breach by you, shall not be deemed to be a waiver of every other of the Phrases or of any subsequent breach by you.

This Settlement and these Phrases don’t create any authorized relationship between the events aside from as contracting events. These Phrases shall be binding on the events” respective successors, assigns, heirs, and estates.

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