Terms of Service
If you create an account through any of our Services, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your account. You agree to provide true, accurate, current and complete information about yourself as prompted by the Services. You must immediately notify prankcaller of any unauthorized uses of your account or any other breaches of security. prankcaller will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Payment, Rates and Fees
As you use the Services, your account balance will be debited accordingly. No Services shall be provided if your account does not have sufficient balance to cover the cost of the service. In order to establish or add to your account\'s balance, you may purchase non-refundable credits from the Services. prankcaller\'s rates are listed on its website. You are responsible for checking all applicable rates/promotions before using any of the Services. prankcaller reserves the right, at its sole discretion, to modify its rates at any time. All Services are provided on a prepaid basis. Postpaid payments options are not available at this time.
You agree to comply with applicable laws and regulations and not participate in, facilitate, or further illegal activities. You are prohibited from transmitting unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, federal, or international law. Further, you understand that some jurisdictions require all parties to consent to the recording of a telephone conversation. It is a violation of federal law to falsify your caller ID in connection with telemarketing or debt-collection calls, and you agree not to use the Services for this purpose. Under the Truth in Caller ID Act of 2009, it is a violation of U.S. federal law to transmit misleading or inaccurate caller identification information with the intent to defraud, cause harm, or wrongfully obtain anything of value. It is your responsibility to ensure that you are not using the Services in violation of any local, state, federal, or international laws. You shall not engage in any activity that is harmful to us or our customers, advertisers, affiliates, vendors, or anyone else, and you must notify us if you learn of a security breach or other illegal activity on the Services. To prevent violations and enforce this Agreement and remediate any violations, prankcaller may take any technical, legal, and other actions that we deem, in our sole discretion, necessary and appropriate without notice to you. You agree to use the Services only for purposes that are permitted by this Agreement. In order to prevent any type of illegal conduct on the Services, and pursuant to subpoena or other legal process, prankcaller may monitor or record customers\' conversations and transmissions, and provide detailed logs or recordings to law enforcement agencies.
prankcaller reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. prankcaller may also, in the future, offer new services and/or features. Such new features and/or services shall be subject to the terms and conditions of this Agreement.
prankcaller may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your prankcaller account, you may simply discontinue using the Services. All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The provisions of this Agreement are intended to be severable. If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
Disclaimers and Limitation of Liability
THE prankcaller SERVICES ARE PROVIDED BY prankcaller, INC. ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH prankcaller PROVIDER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NO prankcaller PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: AS TO THE OPERATION OF THE prankcaller SERVICES, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; THAT THE prankcaller SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE prankcaller SERVICES; OR THAT THE prankcaller SERVICES, ITS SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF prankcaller ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO prankcaller PROVIDER GUARANTEES THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE prankcaller SERVICES. THE OPERATION OF THE prankcaller SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF ANY prankcaller PROVIDER. UNDER NO CIRCUMSTANCES SHALL ANY prankcaller PROVIDER BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE prankcaller SERVICES, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE prankcaller SERVICES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO prankcaller\'S RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE prankcaller SERVICES. NO prankcaller PROVIDER WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE prankcaller SERVICES OR THE PURCHASE OF ANY PRODUCT THEREFROM, EVEN IF SUCH prankcaller PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.
You agree to indemnify and hold harmless prankcaller, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys\' fees, arising out of your use of the Services, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between prankcaller and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of prankcaller, or by the posting by prankcaller of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Diego County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Diego, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys\' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties\' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; prankcaller may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
prankcaller does not issue refunds for billed services.