2. Limited License and Intellectual Property Rights.
2.1. Limited Non-Transferable License. We are hereby granting you a limited non-transferable license to use the App on any personal computer, laptop computer, tablet, phone, or other device (collectively, any “Device”) that you own or control, which will remain effective from the date of acceptance until it is terminated by you or LoudCloud.
2.2. Impermissible or Prohibited Uses.
2.2.1. This license does not allow you to use the App on any Device that you do not own or control, and you may not distribute and/or make the App available over a network where it could be used by multiple mobile devices at the same time.
2.2.2. You may not rent, lease, lend, sell, redistribute or sublicense the App.
2.2.3. You may not copy, decompile, reverse engineer, disassemble, derive the source code of, modify, or create derivative works of the App, 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 the App). Any attempt to do so is a violation of our rights. If you breach this restriction, you may be subject to prosecution and damages.
2.2.4. You may not:
220.127.116.11. intercept or monitor, damage or modify any communication which is not intended for you;
18.104.22.168. use any type of spider, virus, worm, Trojan horse, time bomb or any other codes or instructions that are designed to distort, delete, damage, emulate or disassemble the App;
22.214.171.124. send unsolicited communications (also referred to as “SPAM”, “SPIM” or “SPIT”) or any communication not permitted by applicable law or use the App for the purposes of phishing or pharming or impersonating or misrepresenting affiliation with another person or entity;
126.96.36.199. expose any third party to material which is offensive, harmful to minors, indecent, or otherwise objectionable in any way;
188.8.131.52. use the App to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party; or
184.108.40.206. use, including as part of your user ID and/or profile picture (if any), any material or content that is subject to any third party proprietary rights, unless you have a license or permission from the owner of such rights; or
220.127.116.11. collect or harvest any personally identifiable information, including account names, from the App;
18.104.22.168. impact or attempt to impact the availability of the App; for example, with a denial of service (DOS) or distributed denial of service (DDoS) attack;
22.214.171.124. use or launch any automated system, including without limitation, robots, spiders or offline readers that access the App.
Notwithstanding the foregoing, you agree that LoudCloud grants to the operators of public search engines permission to use spiders to copy materials from the App for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. LoudCloud reserves the right to revoke these exceptions at any time.
2.3. Upgrades. This license will govern any upgrades provided by us that replace and/or supplement our App, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
2.4. Intellectual Property Rights to App Content. You acknowledge and agree that the App may contain content (“App Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by LoudCloud, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the App or the App Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally transmit via the App. In connection with your use of the App you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the App or the App Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the App or distributed in connection therewith is the property of LoudCloud, our affiliates and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the App. Any rights not expressly granted herein are reserved by LoudCloud.
3. Consent to Use of Data.
4. Access and Use of the App; Conditions of Use.
4.1. Purpose. The App encompasses access and use through a smartphone, web browser, and/or a non-smartphone. For smartphone users, the App is designed to allow users to obtain temporary numbers for voice and SMS use via their cellular phones, as well as to make and receive voice calls and SMS messages via these numbers. For non-smartphone users, usage of the App means that they can purchase temporary numbers via the LoudCloud website and forward them to a non-smartphone mobile phone, on which they may dial these temporary numbers and make outbound calls. The non-smartphone user also may make and receive phone calls through the web browser without a phone.
4.2. Phone Service Necessary for Smartphone Users. For smartphone users, an underlying phone service is required to use the App. You are solely responsible for procuring, maintaining, paying for the underlying phone service that will connect calls made with the App on your smartphone. Using the App on a smartphone requires using your own voice minutes and data plan. Fees, service charges, per minute usage and other charges may be assessed by your underlying phone service provider for any smartphone calls received through the App. During such usage, LoudCloud is not responsible for the performance of your underlying phone service, or for any calls made across telecommunications networks that are not owned by LoudCloud, including but not limited to no service, poor reception, and dropped calls.
4.4. Confidentiality of User ID, Password, and Account. You are fully responsible for maintaining the confidentiality of your user ID, password, and account number and are fully responsible for any and all activities that occur under user ID, password, and account. We recommend that you choose a password that is difficult to guess and consists of letters, numbers and symbols. You agree to (a) immediately notify LoudCloud of any unauthorized use of your user ID, password, and/or account, or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the App. LoudCloud will not be liable for any loss or damage arising from your failure to comply with this Section.
4.5. Right to Modify or Discontinue. LoudCloud reserves the right to modify or discontinue, temporarily or permanently, the App (or any part thereof) with or without notice. You agree that LoudCloud will not be liable to you or to any third party for any modification, suspension or discontinuance of the App.
4.6. Right to Establish General Practices and Limits. You acknowledge that LoudCloud may establish general practices and limits concerning use of the App, including without limitation the maximum period of time that a particular phone number or other content will be retained by the App and the maximum storage space that will be allotted on LoudCloud’s servers on your behalf. You agree that LoudCloud has no responsibility or liability for the deletion or failure to store any data, conversations, texts or other content maintained or uploaded by the App. You acknowledge that LoudCloud reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that LoudCloud reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
4.7. Emergency Calls. You cannot use the App for 911 or other emergency calls. You must make alternative arrangements to place 911 calls using your landline, mobile or cell phone. LOUDCLOUD DOES NOT OFFER 911 OR EMERGENCY CALLING FOR THE APP. DO NOT USE THE APP TO CALL 911 OR OTHER EMERGENCY SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE APP IS NOT A SUBSTITUTE FOR A TRADITIONAL TELEPHONE AND THAT YOU WILL AT ALL TIMES HAVE AVAILABLE A MOBILE OR TRADITIONAL LANDLINE PHONE THAT CAN BE USED TO MAKE OUTBOUND CALLS, INCLUDING CALLING 911 OR ANY OTHER APPLICABLE EMERGENCY SERVICES. You agree that LoudCloud, its directors, officers, employees, subsidiaries and assigns may not be held liable for any claim, damage, or loss (including, without limitation, attorneys’ fees) by, or on behalf of, you or any third-party user arising from any attempt to dial 911 or make an emergency call using the App. You hereby waive all claims and causes of action against LoudCloud, its directors, officers, employees, subsidiaries and assigns, arising from or relating to any attempt to dial 911 or make an emergency call using the App.
4.8. Use of App Limited to Access through Account. You may only use the App through your account. You are solely responsible and liable for all activities conducted through your account. To prevent unauthorized use, you shall keep your password confidential and not share it with any third party or use it to access third party websites or services. If you suspect that someone else knows your password, then you must immediately change it in order to protect the security of your account. It is your responsibility to ensure that you do not respond to any unsolicited requests for credit card details, passwords or other data. LoudCloud takes no responsibility for your failure to comply with the obligations in this paragraph 4.8.
4.9. Compliance with Applicable Laws. You must use the App in accordance with the laws of your jurisdiction. In some countries there may be restrictions on the download and use of the App. It is your responsibility to ensure that you are legally allowed to use the App where you are located.
4.10. Responsibility for All Communications on App. You are solely responsible for all communications of whatever type you conduct or any content of any time that you transmit via the App (collectively, “User Content”). You will not record, upload or transmit any content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. By using the App or holding any conversation via the App or otherwise providing or transmitting any User Content you hereby grant and will grant LoudCloud a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content, such rights to be used solely in connection with and for the purposes of operating the App. The following are examples of the kind of content and/or use that is illegal or prohibited by LoudCloud (“Prohibited Uses”). LoudCloud reserves the right to investigate and take appropriate legal action against, or alert the authorities to investigate and undertake criminal action against, anyone who, in LoudCloud’s sole discretion, violates this provision, including without limitation, removing the offending content from the App, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the App to:
4.10.1. transmit any content that (i) publicly infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to hold or transmit under law or under contractual or fiduciary relationships; (iii) poses or creates a privacy or security risk to any person; (iv) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii)in the sole judgment of LoudCloud, is objectionable or which restricts or inhibits any other person from using or enjoying the App, or which may expose LoudCloud or its users to any harm or liability of any type;
4.10.2. interfere with or disrupt the App or servers or networks connected to the App, or disobey any requirements, procedures, policies or regulations of networks connected to the App;
4.10.3. violate any applicable local, state, national or international law, or any regulations having the force of law;
4.10.4. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4.10.5. solicit personal information from anyone under the age of 18;
4.10.6. harvest or collect email addresses or other contact information of other users from the App by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
4.10.7. create a false caller ID identity (“ID spoofing”) header, or otherwise attempt to mislead others as to the identity of the sender or the origin of any communication made using the App;
4.10.8. use the App for call centers, conference calling, trunking (to a PBX or otherwise) or other high volume or multi-person calling purposes; or
4.10.9. further or promote any criminal activity or enterprise or provide instructional information about illegal activities.
4.11. Responsibility for Liability. You further understand and agree that:
4.11.1. You shall be solely liable for any calls and/or content sent or received through the App (including but not limited to misdirected calls, wrong number calls) and that LoudCloud has no control over calls received or the content of any transmission;
4.11.2. You are solely responsible for all acts or omissions that occur under your account or password, including the content of your calls or that you transmit through the App.
4.12. Charges Subject to Change. You acknowledge that LoudCloud reserves the right to charge for any portion of the App and to change its fees (if any) from time to time in its discretion upon notice via push-notification or email. You agree to pay all fees when due in accordance with the terms set forth in the App or on the LoudCloud website. You are responsible for paying all charges for your account, including but not limited to, toll-free, local, long distance, roaming and directory assistance charges for your underlying phone App, and for all taxes and surcharges imposed on you or us as a result of your use of the App. Also, LoudCloud gives out free credit for some number purchases and reserves the right to withhold a portion of the free credit so that the user does not exceed their balance when making or receiving calls. Our application requires that a balance of 50 cents USD be in the account balance at all times in order to make/receive phone calls and SMS in order to support certain advanced features within the application.
4.14. No Ownership of Temporary Number. You understand and agree that the App issues temporary phone numbers for limited time use. As such, you understand and agree that you are not the owner of any toll-free, local telephone number or any other number assigned to you by the App, and further, you understand and agree that you may not port any such assigned number from the App to another service provider. Certain telephone numbers may not be available for assignment but get issued to you in error. All assigned numbers are provided “as is” and LoudCloud makes no warranty, representation or guarantee that any assigned number will be usable or “clean” when assigned or anytime thereafter, and you understand and agree that LoudCloud may from time to time at its sole discretion change the telephone number assigned to you . LoudCloud will not be liable for any damages (including consequential or special damages) arising out of any such reassignment or change of a telephone number. Also, certain LoudCloud numbers require you to have a physical address within the country that the number represents. It is your responsibility to comply with these countries’ laws, which require this.
4.15. No Guarantee of Specific Number. LoudCloud cannot guarantee that any specifically requested telephone numbers or area codes will be available or remain available to you. LoudCloud will not be liable for reimbursement for any expenses you incur related to the assignment of a specific telephone number, including but not limited to business cards, stationary, event bookings, press releases or any other post or advertisement under any conditions, or for any other alleged damages, including consequential or special damages arising from any alleged failure to provide you with a specific telephone number or if your assigned number becomes unavailable or must be reassigned for any reason at any time.
4.16. No Storage Obligation. LoudCloud is not obligated to store your voicemails, sent/received calls, text messages, and/or other information maintained or transmitted by the Apps. You agree that LoudCloud has no responsibility or liability whatsoever for the deletion or failure to store any voicemail and/or other information maintained or transmitted by the App.
4.17. Software Subject to Export Controls. Software available in connection with the App and the transmission of applicable data, if any, is subject to United States export controls. No software may be downloaded from the App or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the App is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the App, including as it concerns online conduct and acceptable content.
4.19. Maintenance. From time to time, LoudCloud may need to perform maintenance on or upgrade the App or the underlying infrastructure that enables you to use the App. This may require LoudCloud to temporarily suspend or limit your use of some or all of the App until such time as this maintenance and/or upgrade can be completed. To the extent possible and unless an intervention is urgently required, LoudCloud will publish the time and date of such suspension or limitation on the App or the LoudCloud website in advance. You will not be entitled to claim damages for such suspension or limitation of the use of the App.
5. Third Party Material.
5.2. Links. The App may provide, or third parties may provide, links or other access to other sites and resources on the Internet. LoudCloud has no control over such sites and resources and is not responsible for and does not endorse any third party sites and resources. You further acknowledge and agree that LoudCloud is not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. You are solely responsible for any interaction and/or transactions you have with third parties found while using the App, and you agree that LoudCloud is not liable for any loss or claim that you may have against any such third party.
5.3. No Responsibility for Accuracy, Availability, or Reliability. LoudCloud is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with social networking services. As such, LoudCloud is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such social networking services. LoudCloud enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
6. User Content Transmitted Through the App.
6.1. Submissions Not Confidential. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the App (“Submissions”), provided by you to LoudCloud are neither confidential nor proprietary, and LoudCloud will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
7. Copyright Complaints.
Materials may be made available via the App by third parties not within our control. We are under no obligation to, and do not, review content transmitted, sent or received using the App for purposes of determining copyright infringement. However, LoudCloud reserves the right to terminate access to its App if a user infringes on others’ copyrights, and will, in appropriate circumstances, terminate access to the App if LoudCloud determines in its sole discretion that a user is a repeat infringer.
8. Indemnity and Release
9. Disclaimer of Warranties
YOUR USE OF THE APP IS AT YOUR SOLE RISK. THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LOUDCLOUD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
LOUDCLOUD MAKES NO WARRANTY THAT (I) THE APP WILL MEET YOUR REQUIREMENTS, (II) THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY CALLS, TEXTS, CONVERSATIONS PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE APP WILL MEET YOUR EXPECTATIONS.
10. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LOUDCLOUD WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LOUDCLOUD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE APP; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE APP; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONVERSATIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE APP; OR (V) ANY OTHER MATTER RELATING TO THE APP. IN NO EVENT WILL LOUDCLOUD’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID LOUDCLOUD IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
13. User Disputes
You agree that you are solely responsible for your interactions and conversations with any other user in connection with the App and LoudCloud will have no liability or responsibility with respect thereto. LoudCloud reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the App.
14.2. Voidability. If any provision is declared void or unenforceable, it shall not affect the validity or enforceability of any other provisions.
14.4. Printed Version Same As Business Document and Record. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
15. Your Privacy
16. Notice for California Users
Under California Civil Code Section 1789.3, users of the App from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
17. Contact Us.