FUNNYCALLª

END USER LICENSE AGREEMENT

 

This Agreement governs Your use of FUNNYCALLª.  By downloading FUNNYCALLª and subsequently using FUNNYCALLª you are agreeing to be bound by this Licensing Agreement.  FUNNYCALLª is owned by FTM, Inc., d/b/a gridMOBª, located at 2800 Olympic Blvd., 2nd floor, Santa Monica, CA 90404 and all complaints and/or claims should be sent to this address.  Certain intellectual property contained in FUNNYCALLª are owned by third-parties and legally licensed to gridMOB to be sold to you for your use and enjoyment as further detailed below.

Please carefully review this Agreement.  Please feel free to contact us with any questions at info@gridmob.com.  By purchasing and using FUNNYCALLªyou are agreeing to be bound by the terms of this Agreement.

FUNNYCALLª is a game.  It is not meant to be used for business calls, important calls, or for any communication in which You are actually trying to communicate with someone else.  Sometimes the sound effects may not work.  Sometimes the sound effects may make it impossible for the listener to understand your words.  It is not meant to be a substitute for a cell phone or a VOIP service.  It is not capable of placing or receiving emergency services calls. 

Scope of License

This license granted to You by gridMOBª is limited to a non-transferable license to use FUNNYCALLª on any iPhone or iPod touch that You own or control. This license does not allow You to use FUNNYCALLª on any iPod touch or iPhone that You do not own or control, and You may not distribute or make FUNNYCALLª available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense FUNNYCALLª. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of FUNNYCALLª, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with FUNNYCALLª). Any attempt to do so is a violation of FUNNYCALLª and its licensorsÕ rights. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by FUNNYCALLªthat replace and/or supplement FUNNYCALLª, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.

 

You acknowledge and agree that Apple, and AppleÕs subsidiaries are third party beneficiaries of this License Agreement and that Apple has and has accepted the right to enforce this License Agreement against You by virtue of their standing as a third party beneficiary.

 

Use of Minutes

You will receive two (2) free minutes when you download the free application.  You are entitled to use the application in up to five (5) devices that You own.  However, You will receive only a total of two (2) minutes of free calling time across all Your devices.  You must purchase additional time in order to continue to place calls using the application after the expiration of Your two (2) free minutes. 

 

All minute pricing is subject to change at any time.   You must purchase minutes through the storefront in order to use FUNNYCALLª once your two (2) free minutes have expired.  Charges for telephone calls are measured in fifteen (15) second increments. All call less than fifteen (15) seconds are rounded up to fifteen seconds (e.g., a call which lasts 12 seconds will be charged for 15 seconds). Timing on calls begins when Youdial the phone number. Timing terminates when the call isdisconnected. gridMOBª will not, and is not obligated to, provide refunds for any calls made using its service, whether the call went through or not, and even if the call disconnects through no fault of Yours during the call. 

 

Consent to Use of Data

You agree that gridMOBª may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to FUNNYCALLª. gridMOBªmay use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.

 

Important FUNNYCALL Rules and Your Responsibilities

FUNNYCALLª offers You the ability to make local toll, domestic long distance and international telephone calls using Your iPod Touch or iPhoneby using a prepaid voice over IP (ÒVOIPÓ) account and changing the sound of your voice using gridMOB proprietary vocal effects software. Your use of FUNNYCALLª will not require you to change your current phone service provider.  It is strongly recommended that use of FUNNYCALLª by anyone under the age of eighteen (18) be subject to supervision by a parent or legal guardian.  FUNNYCALLª IS NOT A TELEPHONE SUBSTITUTE AND NOT MEANT FOR COMMUNICATION.  IT IS A GAME.

 

YOU MUST USE FUNNYCALLª FOR ONLY LAWFUL PURPOSES.  EXAMPLES OF FORBIDDEN CONDUCT INCLUDE, BUT ARE NOT LIMITED TO, THE FOLLOWING - YOU SHALL NOT:

            A.         TRANSMIT ANY FALSE, MISLEADING, ILLEGAL, UNLAWFUL, HARMFUL, THREATENING, ABUSIVE, HARASSING DEFAMATORY, VULGAR, OBSCENE, SEXUALLY EXPLICIT, PROFANE, HATEFUL, RACIALLY, ETHNICALLY OR OTHERWISE OBJECTIONABLE MATERIAL, VERBAL OR OTHERWISE, OF ANY KIND, INCLUDING BUT NOT LIMITED TO MATERIAL THAT VIOLATES ANY FEDERAL, STATE, LOCAL AND/OR INTERNATIONAL LAW;

            B.         ENCOURAGE AND/OR PROMOTE UNLAWFUL CONDUCT;

            C.         TRANSMIT CONTENT THAT MAY BE HARMFUL TO MINORS;

            D.         USE FUNNYCALL TO GENERATE OR FACILITATE UNSOLICITED TELEMARKETING ACTIVITY;

            E.         MARKET OR DEFAME COMMERCIAL PRODUCTS;

            F.         PROMOTE AND/OR ENCOURAGE ILLEGAL ACTIVITY;

            G.        MODIFY, ADAPT, TRANSLATE OR REVERSE ENGINEER FUNNYCALL OR ANY PORTION THEREOF.

IF GRIDMOB RECEIVES A REPORT OR ANY INFORMATION FROM ANY SOURCE THAT YOU ARE MISUSING FUNNYCALL IN ANY WAY OR IF GRIDMOB DETERMINES YOU ARE USING FUNNYCALL IN ANY UNLAWFUL OR UNAUTHORIZED WAY, GRIDMOB HAS THE ABSOLUTE RIGHT TO IMMEDIATELY AND WITHOUT NOTICE TO YOU DISCONTINUE AND DISABLE YOUR USE OF AND ACCESS TO FUNNYCALL AND MAY, IN ITS SOLE DISCRETION AND WITHOUT NOTICE TO YOU, REPORT YOU TO LOCAL, FEDERAL, STATE AND/OR INTERNATIONAL AUTHORITIES FOR FURTHER INVESTIGATION AND/OR PROSECUTION.  ADDITIONALLY, GRIDMOB WILL PROVIDE RECORDS TO LAW ENFORCEMENT AGENCIES IF REQUESTED.

 

You must represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a Òterrorist supportingÓ country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.

 

Intellectual Property

You agree that FUNNYCALLª is owned by gridMOBª and/or its licensors and not by You.  You further acknowledge and agree that all the materials are protected by copyright, trademark and other intellectual property and other laws, and that You will not use the materials in any way except in compliance with the License you have been granted herein.  No portion of FUNNYCALLª may be reproduced in any form or by any means, except as expressly permitted hereunder.  You agree not to modify, rent, lease, loan, sell, distribute or create derivative works using FUNNYCALLª in any manner. 

 

Notwithstanding any other provision of this Agreement, gridMOBª and its licensors reserve the right to change, suspend, remove or disable access to FUNNYCALLª at any time without notice to You.  In no event will gridMOBª be liable for removing or disabling access to FUNNYCALLª or any part thereof.  Furthermore, gridMOBª, at its sole discretion, may limit Your access to FUNNYCALLª in part or in whole and will bear no liability to You for such limitations.

 

Expiration of Calling Credits

Unless prohibited by law, any outbound calling credit that you have purchased will expire six (6) months from the date of purchase, and may not be transferred.

 

No Warranty

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF FUNNYCALLª IS AT YOUR SOLE RISK AND THAT YOU BEAR SOLE AND COMPLETE CONTROL OVER HOW IT IS USED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FUNNYCALLª AND ANY SERVICES PERFORMED OR PROVIDED BY FUNNYCALLª ARE PROVIDED "AS IS" AND ÒAS AVAILABLEÓ, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND GRIDMOBª HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT FUNNYCALLª, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. GRIDMOBª DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF FUNNYCALLª,THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF FUNNYCALLª OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN FUNNYCALLª OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GRIDMOB¨ OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD FUNNYCALLª OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

 

Limitation of Liability

UNLESS OTHERWISE PROHIBITED BY LAW, GRIDMOBªSHALL NOT BEAR ANY LIABILITY WHATSOEVER FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE FUNNYCALLª, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF GRIDMOBª HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL GRIDMOBÕS TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00), UNLESS OTHERWISE PROHIBITED BY LAW. 

 

ADDITIONALLY, GRIDMOB USES A THIRD PARTY SERVICE PROVIDER TO PROVIDE THE VOIP SERVICES.  GRIDMOB CANNOT AND DOES NOT MAKE ANY REPRESENTATIONS THAT THE MINUTES YOU PURCHASE WILL BE AVAILABLE FOR YOUR USE.  YOUR PURCHASE OF MINUTES IS AT YOUR OWN RISK.  THE MINUTES YOU PURCHASE MAY NOT BE AVAILABLE FOR YOUR USE FOR A NUMBER OF REASONS, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, THE VOIP PROVIDER GOING OUT OF BUSINESS, ACTS OF GOD, ACTS OF WAR, INTERUPTION OF YOUR INTERNET SERVICE, THE APPLICATION NO LONGER BEING SOLD OR NO LONGER AVAILABLE FOR PURCHASE, OR A FAILURE OF THE APPLICATION.  UNDER NO CIRCUMSTANCE WILL GRIDMOBª REFUND YOUR MONEY UNLESS IT IS REQUIRED TO BY STATE OR FEDERAL LAW.

 

Indemnification

You agree to indemnify and hold harmless gridMOBª, its officers, directors, employees, contractors and owners from any and all loss, damage or expense (including, but not limited to attorneys fees and costs) which gridMOBª may incur as a result of liability or claims stemming from or related to Your breach of any of the terms and conditions herein. 

 

Jurisdiction

The laws of the State of California, excluding its conflicts of law rules, govern this License Agreement and Your use of FUNNYCALLª.  Your use of FUNNYCALLª may also be subject to other local, state, national or international laws.