TERMS OF SERVICE AND LICENSE AGREEMENT

These terms and conditions are for use of www.prankhotline.com and its services (the "Website") and Mobile Application and its services (the "Application"). The Services are owned and operated by PrankHotLine ("Prankhotline," or "us," or "we" or “our”).
By using our Application and accessing our website, YOU (“user” or”you” or “your”) are agrees to be bound by these terms and conditions (the "Terms").

1. DISCLAIMER

Our Website and Application allow users to initiate prerecorded prank telephone calls to their friends and families. Our Services are provided for entertainment purposes only. Some of the Services are free and some of services are chargeable. You can access chargeable services by making Purchases. We do not guarantee refunds for any purchases.
You are responsible for the calls you initiate through the website or application and you also ensure 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 website or application for 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 are strictly prohibited from using website or application 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 website or application to call any recipient that is prohibited by law or regulation.
You represent and warrant that the recipient of any call you initiate through the website or application is not located in any the following states: California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, Vermont, and Washington.

2. REGISTRATION

You must register and create an account. In order to create an account, you must complete the registration process by providing us with your complete and accurate information as prompted by the registration form. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

3. Payment

If you make any purchases through the Application or the website, you agree to pay all applicable fees for those purchases. Unless otherwise stated, all fees are stated in U.S. Dollars.

4. Age Restriction

You represent and warrant that you are 18 years of age or older. You may not use the website or application to place calls to any person who is under 18 years of age.

5. MODIFICATIONS TO TERMS OF SERVICE AND OTHER POLICIES

We reserve the right to change or modify any of the terms and conditions. Updated version of these Terms will be located on the Application and on the Website.

6. OWNERSHIP AND RIGHTS

We reserve all right, title, and interest in and to the Website and the Applications' content, including any copyright, patent, or trademark or other intellectual property right, or federal or state right, pertaining thereto.

7. PLATFORM

Platform providers
We provide our apps on following platforms:
(A) Apple Platform
If you download one of our apps through iTunes, you agree that these terms incorporate an end user license agreement between you and Prankhotline.
Prankhotline grant you a non-transferable license to use the app on any Apple product including iPhone, iPod that you own or control.  You must comply with the Usage Rules in the App Store Terms.

You agree that:
  • Prankhotline is solely responsible for the app and its contents; and
  • Apple is not required to provide maintenance or support services for the app.


If the app fails to comply (if any), you may notify Apple and Apple will refund the app purchase price to you.  To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app.  Any other claims, losses, liabilities, damages, costs or expenses attributable to a warranty failure (if any) is the responsibility of Prankhotline.

Prankhotline is responsible for (not Apple):
  • addressing any claims by you or any third party relating to the app or your possession or use of the app, including (but not limited to): (i) product liability claims; (ii) failure of the app to conform to any applicable legal or regulatory requirement; and (iii) claims under consumer protection or similar legislation; and
  • investigating, defending, settling and discharging any third party claim that the app or your possession or use of the app infringes that third party’s intellectual property rights.

You acknowledge and agree that Apple and its subsidiaries are third party beneficiaries of this end user license agreement and that, your acceptance of these terms (and this end user license agreement), gives Apple the right to enforce the end user license agreement against you as a third party beneficiary of the agreement.
(B) Android Platform
Apps accessible via Android devices include software from The Android Open Source Project (the “License”); you may not use this file except in compliance with the License.  Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.

8. Trademarks and Website Links and Feeds

All third party trademarks, company names mentioned in our website are the property of their respective owners, who may not be affiliated with, connected to, or sponsored by us. Without express written permission from us, you may not:
  • create links to any page of this website;
  • use any name, logo or other trademark of Prankhotline as part of any link;
  • frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) presented on our website;
  • use any meta tags or any other hidden text using Prankhotline’s name or trademarks.
  • Our website may contain links to other sites over which we have no control and that are independent of Prankhotline even though they may contain Prankhotline logos or icons. The inclusion of any link does not imply our endorsement of the site or the site’s contents or owner, and we are not responsible for the content or the use of the sites or the actions of the owners of the sites.
  • Our website may display feeds from Prankhotline’s social media accounts, such as Facebook and Twitter accounts, as well as feeds from other parties, which contain information that we did not generate. The persons contributing the information into the feeds displayed on our website are solely responsible for the information. We have the right to monitor, review and edit or delete the information, but are not required to, and we are not responsible for the information.

9. Your Responsibility to Protect Against Viruses

We have no intention of distributing any electronic materials designed to deliberately cause errors in or disrupt use of any computer system. It is your responsibility to take precautions to ensure that whatever you do on our website is free of viruses and other destructive items. We have no liability for any virus or other malware introduced to your computer system through access from our website.

10. Your Account

If you open an account with us, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer system, and you agree to accept responsibility for all activities that occur under your account or password.
We reserve the right to refuse service, terminate accounts, remove or edit account information in our sole discretion.

11. Communications Decency Act. 

As provided in 47 U.S.C. § 230(c)(1), Prankhotline is only a distributer, and not the publisher or speaker, of any User Content. As such, Prankhotline 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. Prankhotline does not guarantee the accuracy, completeness, or truthfulness of any User Content.  Under no circumstances will Prankhotline be responsible for any loss or damage resulting from any person's reliance on any User Content.

12. DMCA NOTICE

Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify Prankhotline's designated copyright agent in accordance with Title 17, United States Code, Section 512(c)(2).
Notifications of claimed infringement should be forwarded to Prankhotline's designated agent as follows:
[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.
Counter-Notification. If you posted or submitted material to Prankhotline which Prankhotline 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.

13. English Language

You agree that there is no requirement to translate all or any portion of our website or the information provided through our website into any other language than the ones in which it appears. You further agree that all contractual and transactional communications between you and us shall be in the English language, and that there is no requirement to translate any communication into any other language.

14. No Warranty

We attempt to be accurate with regard to information posted on our website. However, we do not warrant that descriptions or other content on this site is accurate, complete, reliable, current, or error-free. All information published on this website is provided “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NON-INFRINGEMENT OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. All items of technical information that may be made available on or through this website are used at your own risk, and you agree to indemnify and hold us harmless from and against any loss, cost, or liability, including but not limited to reasonable legal fees, that we may incur as a result of your use of such designs or other technical information. Information on this website may be inaccurate or incomplete and may be changed or updated without notice. We make no warranty that any changes or other technical information are appropriate for use in any particular jurisdiction. We may make changes in the services or relationships described on this website at any time without notice. We make no warranty that our website will operate without interruption or error. No statements provided orally or by email shall create or modify any warranty or disclaimer of warranty.

15. Limitation of Liability

IN NO EVENT WILL PRANKHOTLINE OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY OTHER PERSON, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM ACCESS TO, OR USE OF, OR INABILITY TO ACCESS OR USE, THIS WEBSITE OR ANY LINKED WEBSITE OR INFORMATION, OR FROM UNAVAILABILITY OR LACK OF RECEIPT OF ANY SERVICE TAKEN THROUGH THIS WEBSITE OR OUR APPLICATION. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
If you are dissatisfied with this website, its contents, these Terms of Use you agree that is your sole and exclusive remedy is to discontinue using this website.

16. Indemnity

You agree to indemnify and hold PRANKHOTLINE and its affiliates (and their officers, agents, partners and employees) against any and all loss, liability, claim or demand (including reasonable attorneys’ fees arising out of, or in connection with your use of and access to our website or making any post or contributions not in accordance with these terms.

17. Governing Law and Jurisdiction

This website is controlled by PRANKHOTLINE from NAMPA-IDAHO, U.S.A. All matters relating to access to, or use of, this website are governed by applicable laws of IDAHO and U.S.A., without regard to conflicts of law provisions. Any legal action or proceeding relating to access to, or use of, this website or the information it contains is subject to the exclusive jurisdiction of the courts in IDAHO, U.S.A. You and PRANKHOTLINE agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any legal action or proceeding.

18. Enforcement

Any unauthorized use of our website terminates your permission to access and use our website and may subject you to prosecution. If any provision in these Terms of Use is found invalid or unenforceable for any reason, that provision shall be considered severable from the other provisions and shall not affect the validity or enforceability of the remaining provisions. To the extent permitted by law, you agree that any claim arising out of or related to these Terms of Use or your use of our website must be filed with a court of competent jurisdiction within one month after it arose or is permanently barred.

19. TERMS AND TERMINATION

You may terminate these Terms at any time by closing your account, discontinuing your use of the Services, uninstalling the Application, and providing Prankhotline with a notice of termination.

20. PRIVACY

By providing any personal or non-personal information to Prankhotline through the Website or application, or by using the Services, you automatically grant, and warrant and represent that you have the right to grant, Prankhotline a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, assignable, sub licensable, transferable license to collect, store, use, reproduce, disclose, transfer, and disseminate your collected personal and non-personal information in order to provide the services contemplated under these Terms, to manage your account, to send you communications, or for any other lawful purpose in our sole discretion.
Prankhotline, and any third-parties to which Prankhotline provided your contact information, may contact you via any method of communication you submitted through the website or application, including, but not limited to, email, cell phone, or text message. By providing us your contact information, you agree to receive communications from us or other third-parties who obtained your contact information from us.

21. EXPORT OF DATA

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 local laws affecting the transmission or posting of content or affecting the privacy of persons.

22. CONTACT US

You can contact us on [email protected]