Terms of Service
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE DOWNLOADING, USING, OR ACCESSING ANY PART OF THE PRANK CALLER MOBILE APPLICATION OR THE PRANK CALLER WEBSITE.
The following are the terms and conditions for use of https://prankcaller.io and its services (the "Website") and the Prank Caller Mobile Application and its services (the "Application") (collectively the Website and the Application are referred to as the "Services"). The Services are owned and operated by Symba Ventures LLC, d/b/a Prank Caller ("Prank Caller," or "us," or "we")
By downloading or using the Application, availing the Services, continuing to access the Services, or submitting any information through the Services, and in consideration for the services Prank Caller provides to you, YOU (the terms "you", “user” 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
a.    Purpose. The Prank Caller Website, Application, and Services allow users to initiate prank telephone calls to their friends with prerecorded scripted pranks. The initiating user is a party to these prank telephone calls. The Services are provided for entertainment purposes only. While some of the Services may be available for free, 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 Caller does not guarantee refunds for any purchases. You won’t be able to make international calls using Prank Caller.
b.    Use of Services. You are solely responsible for the calls you initiate through the Services and ensuring that the calls comply with all federal and state laws applicable in the states in which you and the call recipient are located. You agree to use the Services only in compliance with these Terms in a manner that does not violate Prank Caller’s legal rights or those of any third party. 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. We shall not be liable for any harm or loss caused to any person or party which arises from your use of the Services. You may not use the Services for any commercial purposes. You must be at least 18 years of age to use the Services and you may not initiate a call through the Services to anyone under the age of 18. Prank Caller reserves the right to terminate your registration and/ or refuse your access to the Services on discovery that you are under the age of 18 years, or if any of the information provided by you is inaccurate and untrue. You must also ensure the recipient will not be offended by the call and its content.
c.    Prohibited Uses. You are strictly prohibited from using Prank Caller 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 Prank Caller 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. You shall be solely responsible for legal consequences which arise from using the Services to make prohibited phone calls.
d.    Recording. Prank Caller Mobile Application, by default, records the telephone calls made through the Services. However, you may opt to disable the automatic recording of calls by Prank Caller Mobile Application. If you do not disable the automatic recording of calls by Prank Caller Mobile Application, then your calls shall be recorded and in such case, 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 the laws applicable to the recording of the telephone conversations initiated through the Services, including laws applicable to the State in which you and the call recipient are located. You agree that your data may be stored by Prank Caller and may be produced before law enforcement agencies or court of law, if called upon.
e.    Public Posting. Prank Caller allows 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 applicable civil or criminal law. Prank Caller shall take no responsibility for the recordings posted by you which may offend, cause harm or any kind of further damage to you or any third party.
f.    Maintenance or Support. Prank Caller is not under any obligation to provide maintenance or support for the Application. Prank Caller may provide maintenance or support for the Application at Prank Caller's sole discretion.
g.    Uninstallation. You may, at any time, uninstall the Application by utilizing your mobile device's procedures for uninstalling downloaded applications.
II. REGISTRATION, PAYMENTS, AND IMPORTATION OF DATA
a.    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 Caller with complete and accurate information as prompted by the registration form. You shall ensure to maintain confidentiality of your username and password if those are used on Prank Caller or any other form of authentication that was used. You shall protect your password if one is provided and take full responsibility for your own, and third party, activities that occur under your account. You agree to notify Prank Caller immediately of any unauthorized use of your account or any other breach of security. You agree that if any information provided by you is inaccurate, untrue or incomplete, we reserve the right to terminate your access to use the Services.
b.    Refusal of Service. Prank Caller 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 or unlawful activities using Prank Caller, as determined by Prank Caller in its sole discretion.
c.    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 United States Dollars (USD).
d.    Payment Terms. Prank Caller may make all or some of the Application and the Services available for free (the "Free Services"). Prank Caller does not guarantee that any portion of the Services will always be available for free and reserves the right to begin charging for any portion of the Services at any time. The Free Services may be subject to reduced functionality. For example, the Free Services may only allow users to place a limited number of telephone calls per day. Prank Caller may allow users to increase or enhance the functionality of the Application and Services by making certain purchases, including in-app purchases, or undertaking certain activities. Please review the specific terms for your applicable purchase. Prices are subject to change. In the event the Prank Caller Services are discontinued for any reason, purchases will terminate, and no refund will be made.
e.    Free Trials. We may offer free trials from time to time. 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.
f.    Refund Policy. Prank Caller does not guarantee refunds of any additional Services which you have purchased for lack of usage or dissatisfaction. Any calls, or other purchases made through the Services are nonrefundable.
g.    Data Importation. The Services may allow you to import contact information from a contact list or other data source created by another program not affiliated with Prank Caller. If you choose to import data into Prank Caller 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-party and does not violate any applicable civil or criminal law.
Prank Caller 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 not notify you by email, but only 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. INTELLECTUAL PROPERTY RIGHTS
a.    Ownership. We hold and retain all and any title and interest in and to Prank Caller, as well as in any intellectual property right associated with Prank Caller and, therefore, nothing in these Terms will be interpreted as a transfer, in whole or in part, of rights in Prank Caller to You or any other third party. For the purposes of these Terms, “Intellectual Property Rights” means all intellectual property and other similar proprietary rights in any jurisdiction, whether owned or held for use under license, whether registered or unregistered, including such rights in and to: (i) trademarks, service marks, certification marks, logos, trade names, and the goodwill associated with the foregoing; (ii) patents and patent applications, and any and all divisions, continuations, reissues, reexaminations, and extensions thereof; (iii) writings and other works of authorship; (iv) trade secrets, business, technical and know-how information, business processes, non-public information, proprietary information and confidential information, and rights to limit the use or disclosure thereof by any person; (v) software, including data files, source code, object code, application programming interfaces, databases and other software-related specifications and documentation; (vi) domain names, uniform resource locators, and Internet addresses; (vii) any and all technical information, software, specifications, drawings, records, documentation, ideas, knowledge, invention disclosures or other data; (viii) claims, causes of action and defenses relating to the enforcement of any of the foregoing.
b.    Your Obligations. You may only use the Application and the Services for your own personal use. You may not use the Services for any commercial use. You may not 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 Application, including updates or modifications thereto. Without limiting the foregoing, You shall have no rights to receive any source code for the Application and shall not reverse engineer, disassemble or decompile, or otherwise attempt to derive source code for the Application for any purpose.
c.    Prohibitions. You must not do, or permit others to do, any of the following: (a) copy or modify the Application in any way, except as expressly permitted in these Terms; (b) remove or modify Prank Caller's copyright notices, trademark, logo, legend or other notice of ownership from any originals or copies of the Application or Services; (c) attempt to view, read, modify, reverse compile, reverse assemble, disassemble or print the Application's source code or object code or other runtime objects or files distributed with the Application; (d) otherwise reverse engineer, modify or copy the look and feel, functionality or user interface of any portion of the Application or Services; (e) rent, lease, distribute (or redistribute), provide or otherwise make available the Application or Services, in any form, to any third party; (f) use the Application or Services to process the data of third parties; or (g) use, install, or make available the Application, 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 Caller' networks or servers, including accessing data not intended for You, logging into a server or account which You are not authorized to access, attempting 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 attempting 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.
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. Prank Caller disclaims all warranties or representations regarding any third-party services. Prank Caller, in its sole discretion, and without notice to you or any user, may subcontract any Services to be performed by a third-party.
VI. USER-GENERATED CONTENT
a.    User Content License. You expressly acknowledge and agree that by posting, distributing or otherwise making available through Prank Caller the User Content, You grant Us (and warrant and represent that You have the right to grant Us) a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, assignable, sublicensable, transferable license to use, store, copy, perform, display, distribute, prepare derivative works of, or incorporate into other works, the User Content for any purpose, on any platform. The preceding rights include, without limitation, Our right to: (i) publicly post the recording from any telephone conversation initiated through Prank Caller; (ii) remove or not remove any User content for any reason or no reason at all, in Our sole discretion; (iii) to decide whether to publish, withdraw, postpone, or alter any User content, (iv) to screen, monitor, or filter any User content, and (v) to determine, in Our sole discretion, whether and how long to store any User content.
b.    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 or Application. Prank Caller 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 Caller.
c.    Communications Decency: Prank Caller is only a distributor, and not the publisher or speaker, of any User Content. As such, Prank Caller 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 Caller does not guarantee the accuracy, completeness, or truthfulness of any User Content. Under no circumstances will Prank Caller be responsible for any loss or damage resulting from any person's reliance on any User Content.
d.    Reservation of Rights: Prank Caller reserves the right to remove or not remove any User Content from the Services for any reason or no reason at all, in Prank Caller's sole discretion. This reservation includes the exclusive right to decide whether to publish, withdraw, postpone, or alter any User Content. Prank Caller reserves the right, but does not undertake any affirmative obligation, to screen, monitor, or filter User Content.
e.    Information Storage and Access: Prank Caller reserves the right, in its sole discretion, to determine whether and how long to store User Content and user data. Prank Caller will not be responsible for any liability related to the deletion or removal or any data or content maintained on the Services or Prank Caller's servers.
f.    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 Caller and its users any claims and assertions of any rights, whether intellectual property rights or otherwise, contained in such Feedback.
VII. DMCA NOTICE
a.    Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify Prank Caller’s designated copyright agent in accordance with Title 17, United States Code, Section 512(c)(2). Notifications of claimed infringement should be forwarded to Prank Caller’s designated agent at: [email protected]
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.
b.    Counter-Notification. If you posted or submitted material to Prank Caller which Prank Caller 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.
VIII. DEVICE AND WIRELESS CARRIER LIMITATIONS AND DISCLAIMERS
While Prank Caller attempts to provide all Application features to all users, use of the Application and the Services may be limited for some or all users due to conditions outside of Prank Caller's control. As a result, not all advertised features may always be available to you. 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.
Prank Caller 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. Prank Caller 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.
IX. REPRESENTATIONS, WARRANTIES, AND DISCLAIMERS
Prank Caller 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 Prank Caller'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. Prank Caller 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. Prank Caller 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 Caller 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 Caller 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 Caller does not guarantee that any product or service descriptions, reviews, portrayals, specifications, or the like are accurate. Under no circumstances will Prank Caller 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 CALLER 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 CALLER DOES NOT WARRANT THAT THESE SERVICES WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, THAT YOUR NUMBER WILL ALWAYS REMAIN HIDDEN FROM THE INTENDED RECIPIENT, THAT THE OPERATION OF THE WEBSITE OR APPLICATION WILL BE UNINTERRUPTED, THAT ANY DEFECT WILL BE CORRECTED, THAT SERVICES WILL BE SUPPORTED ON ALL WEB BROWSERS OR MOBILE OPERATING SYSTEMS, 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 FORM THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICES.
When you use the Application on your mobile device, your wireless service carrier may charge you data rates, message fees, and related fees.
XI. 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, 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.
XII. RECORDING AND POSTING
Prank Caller routinely records the telephone calls made through the Services. If you initiate a call through the Services, you are party to that call and you must remain on the telephone line during the entire telephone call. 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 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 and the laws applicable to the Federal Government of the United States of America.
Prank Caller may allow you to post a recorded telephone conversation. If you post any recording of any prank telephone call or any other call feature to any part of the Services, then you represent and warrant that you have all necessary rights and consents to make such posting. You shall 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 law applicable to the states in which you and the call recipient are located and the laws applicable to the Federal Government of the United States of America.. You agree to release Prank Caller from any liability with regard to your posting of any recordings to the Services or to any other forum. Prank Caller reserves its right to remove or delete any posting from its Website which in its opinion is defamatory or otherwise offensive in nature. You also agree that Prank Caller may remove or delete any posting from its Website if any objection is received from any third party with respect to your posting.
You agree to indemnify, hold harmless and defend Prank Caller, 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.
XIV. LIMITATIONS OF LIABILITY
PRANK CALLER WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY (A) DIRECT, INDIRECT, SPECIAL, EXEMPLARY, 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 CALLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING SET FORTH IN THESE TERMS TO THE CONTRARY, PRANK CALLER'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 THESE TERMS 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 U.S. DOLLARS (USD). YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH PRANK CALLER AND ANY RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICES.
Prank Caller 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 Caller your contact information, you agree to receive communications from Prank Caller.
Prank Caller 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 Caller may place advertisements on the telephone calls initiated through the Services. You agree that Prank Caller may place advertising on the Services, and you agree not to block such advertising.
XVIII. 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 state or local laws affecting the transmission or posting of content or affecting the privacy of persons.
XIX. APPLICABLE LAW AND VENUE
These Terms shall be governed by and construed under the laws of the state of Oregon, without reference to its conflicts of law principles. Any legal action or proceeding relating to access to, or use of, these Services is subject to the exclusive jurisdiction of the courts in Washington County, Oregon. You agree to submit to the jurisdiction of, and agree that venue is proper in, these courts. 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. Any notices to Prank Caller must be sent to:Symba Ventures LLC
via certified first class or overnight courier, and are deemed given upon receipt.
You agree to settle all disputes, claims or controversies arising from these Terms only through arbitration conducted according to the then-current commercial arbitration rules of the American Arbitration Association, by a single neutral arbitrator and with place in Washington County, Oregon, United States. The arbitrator’s decision and award shall be final and binding. To such purpose, it has been agreed that: (i) if We and/or You want to arbitrate a dispute, a written notice will be sent to the other party with a description of the dispute, all documents/information, and the proposed resolution; attempts shall be made to resolve the conflict and, if the dispute is not resolved within forty-five (45) days after receipt of the notice of arbitration, then the dispute will be submitted to formal arbitration; (ii) the arbitration shall be pursued only on an individual basis and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding; (iii) each party will be responsible for the respective costs relating to counsel, experts, and witnesses, as well as any other expenses related to arbitration; (iv) class actions and class arbitrations are prohibited; (v) if for any reason a claim proceeds in court rather than in arbitration, You and We each waive any right to a jury trial.
In case for any reason a Court or the arbitrator holds that this restriction is unacceptable or unenforceable, then this agreement to arbitrate does not apply and the dispute must be brought to the competent Courts of Oregon. Furthermore, We may bring suit in court to enjoin infringement or other misuse of Our Intellectual Property Rights.
a.    Entire Agreement. These Terms represent the complete agreement between Us concerning its subject matter and supersedes all prior agreements and representations between the parties.
b.    Amendments. We may, in our sole discretion, amend these Terms at any time by posting a revised version thereof on Our website at https://prankcaller.io
c.    Severability. If any provision of these Terms is held to be unenforceable for any reason, the remainder of these Terms shall continue in full force and effect.
d.    No Implied Waiver. Any tolerance or silence by Us, even if on a continuous and reiterated basis, in relation to any breach or default by You of any provision of these Terms shall not be considered as a consent to such breaches and defaults and shall not affect the validity of the clause breached nor shall be construed as a waiver to any of the rights pertaining to Us pursuant to these Terms and/or the applicable Laws.