1.Introduction
1.1 Acceptance of terms
By accessing or using Calling Me (“the Service”), you acknowledge that you have read, understood, and agree to be bound by these Terms of Use (“Terms”). These Terms constitute a legally binding agreement between you and Calling Me Team (“we,” “us,” or “our”).
For questions or notices, contact us at help@callingme.net.
1.2 Scope of Agreement
These Terms apply to all users worldwide and govern your access to and use of all Calling Me services, features, and content. Your use of Calling Me must comply with these Terms and all applicable laws and regulations.
1.3 Eligibility of Access
To access and use Calling Me, you must meet the following eligibility requirements:
1)Age Requirement: You must be at least 18 years old or the legal age of majority in your jurisdiction, whichever is greater. If you are under the required age, you are not permitted to use Calling Me and should immediately discontinue use of the platform.
2)Restrictions on Use: You must not be subject to any legal or contractual restrictions that prohibit you from using Calling Me. This includes, but is not limited to, any restrictions imposed by us or any applicable laws in your country or region. If we have previously suspended or banned your account, or if you have been restricted from accessing Calling Me for any reason, you are not eligible to use the service.
By using Calling Me, you confirm that you meet these eligibility criteria. If you no longer meet these requirements, you must cease using the service immediately and may be required to delete your account.
2.Your Account
To access Calling Me, you must create an account by either:
1)Using an existing third-party social media account (Facebook or Google), or
2)Registering as a new user
If you use a third-party account, you authorize us to access, collect, and use information from those accounts.
Your account is personal and non-transferable. Account identifiers (username, user ID, etc.) remain our property and may be reclaimed after account termination or deactivation.
You are responsible for:
1)Protecting your account details and password
2)All activity under your account
If you suspect your account has been compromised, immediately notify us at help@callingme.net. Until we acknowledge your notification, we'll consider all account activity as yours.
Important: Visitor accounts risk potential loss of the account and associated assets (including prepaid in-app currency). We recommend logging in through Facebook or Google for better security.
For account deactivation options, please consult Calling Me's Privacy Policy.
3.Infringement of Rights
We may respond to notices of alleged infringement of rights (including infringement of intellectual property rights, defamation and infringement of other civil rights) and other claims and demands. If you have any such infringement-related concerns, please contact help@callingme.net.
4.Our Intellectual Property Rights
All intellectual property rights in or to Calling Me (including any future updates, upgrades and new versions to Calling Me), will continue to belong to us. Except as expressly provided in these Terms, you have no right to use our intellectual property rights. In particular, you have no right to use our trademarks or product names, logos, domain names or other distinctive brand features without our prior written consent. Any comments or suggestions you may provide regarding Calling Me are entirely voluntary and we will be free to use these comments and suggestions at our discretion without any payment or other obligation to you.
You may not copy, modify, reverse compile, reverse engineer or extract source codes from Calling Me, except to the extent that we may not prohibit you from doing so under applicable laws or regulations or you have our prior written consent to do so. Where applicable laws or regulations entitle you to reverse compile or extract source codes from Calling Me, you will first contact us to request the information you need.
We may from time to time provide updates to Calling Me. Such updates may occur automatically or manually. Please note that Calling Me may not operate properly or at all if upgrades or new versions are not installed by you. We do not guarantee that we will make any updates available for any of Calling Me, or that such updates will continue to support your device or system.
We may, in our discretion, provide technical support for Calling Me (whether for free or for a fee). We provide technical support without any guarantee or warranty of any kind, and subject always to these Terms.
5.Third-Party Content and Services
We are not responsible for and we do not endorse, support or guarantee the lawfulness, accuracy or reliability of any content submitted to, transmitted or displayed by or linked by Calling Me, including content provided by users of Calling Me or by our advertisers. You acknowledge and agree that by using Calling Me, you may be exposed to content which is inaccurate, misleading, defamatory, offensive or unlawful. Any reliance on or use of any content on or accessible from Calling Me by you is at your own risk. Your use of Calling Me does not give you any rights in or to any content you may access or obtain in connection with your use of Calling Me.
We also do not guarantee the quality, reliability or suitability of any third-party services provided, made available, advertised or linked through Calling Me and we will bear no responsibility for your use of or relationship with any such third parties or third-party services.
We may review (but make no commitment to review) content or third-party services made available through Calling Me to determine whether they comply with our policies, applicable laws and regulations or are otherwise objectionable. We may remove or refuse to make available or link to certain content or third-party services if they infringe intellectual property rights, are obscene, defamatory or abusive, violate any rights or pose any risk to the security or performance of Calling Me.
There may be, from time to time, third-party content and services on Calling Me that are subject to further terms – for examples, terms from the relevant third-party that originally produced or created such content or service, or terms from the relevant third-party in relation to promotional activities being held on Calling Me. You agree to comply with any such further terms and conditions as notified to you in relation to your use of such third-party content and services.
6.Payments
6.1 Purchases and refunds
You may, from time to time, make payments to us or third parties as part of your use of the service. We may set out further terms applying to such payments, including in relation to refunds (if any), billing arrangements, and any consequences of failing to make timely payments. You must comply with all such terms in relation to your payments to us. You agree that you are solely responsible for all fees and taxes associated with any such payments, and that pricing and availability of items and products are subject to change at any time.
ALL PURCHASES OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. YOU ACKNOWLEDGE THAT WE ARE NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
We may process payments from you in the service via a third-party service and you agree to comply with that relevant third-party's terms and conditions in relation to the payment processing service, as further set out in the “Third-Party Content and Services” section below.
Also, you agree that:
1)Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. Exchange rates); and
2)We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.
6.2 Subscription management
Subscriptions can be canceled anytime. If you cancel a subscription through Google Play’s billing system, you will not receive a refund for the current billing period, but will continue to receive your subscription content for the remainder of the current billing period, regardless of the cancellation date. Your cancellation goes into effect after the current billing period has passed.
You can go to Google Play subscription center to manage your subscriptions through the link below:
https://play.google.com/store/account/subscriptions
7.Rules to Follow and Avoid
7.1 Your obligations:
1)Comply with all applicable laws, including privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
2)Strictly follow these terms; and
3)Use Calling Me in a good manner.
7.2 Prohibited actions:
1)Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights;
2)Violate the intellectual property or other rights of us;
3)Use, disclose or distribute any data obtained in violation of these Terms;
4)Use Calling Me for tasks that it is not intended for;
5)Use or attempt to use another's account;
6)Use bots or other automated methods to access Calling Me, add or download contacts, send or redirect messages;
7)Steal or attempt to steal another’s virtual property, such as virtual gifts;
8)Share, distribute, or create sexually explicit content, or engage in any sexual conduct;
9)Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for Calling Me or any related technology that is not open source;
10)Remove, cover or obscure any advertisement included in Calling Me;
11)Post defamatory obscene, shocking, hateful, threatening or otherwise inappropriate content or airing personal grievances or disputes;
12)Post anything that contains software viruses, worms, or any other harmful code;
13)Override any security feature of Calling Me;
14)Monitor Calling Me’s availability, performance or functionality for any competitive purpose;
15)Manipulate identifiers in order to disguise the origin of any message or post transmitted through Calling Me;
16)Interfere with the operation of, or place an unreasonable load on, Calling Me (e.g., spam, denial of service attack, viruses, gaming algorithms).
17)Harass, abuse or harm another person;
18)Encourage, distribute, or attempt to normalize the sharing of content depicting or promoting child sexual abuse, or post content or engage in conduct that in any way sexualizes children;
19)Disclose information that you do not have the consent to disclose (such as confidential information of others);
20)Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, add-ons, or any other technology or manual work) to scrape Calling Me or otherwise copy profiles and other data from Calling Me;
21)Create or operate a pyramid scheme, fraud or other similar practice;
22)Create a profile for anyone other than yourself (a real person);
23)Copy, use, disclose or distribute any information obtained from Calling Me, whether directly or through third parties (such as search engines), without our consent;
24)Bypass or circumvent any access controls or service use limits;
25)Act in an unlawful or bad manner in connection with Calling Me, including being dishonest, abusive or discriminatory; and/or
26)Access Calling Me except through the interfaces expressly provided by us, such as its mobile applications.
8.Child Safety
Please note that we have a separate Child Safety Policy. You can review it by accessing the link below:
https://sites.google.com/view/callingmechildsafetypolicy
Content that sexualizes children is unacceptable on Calling Me. We have zero tolerance for any text or media, whether real or generated, that depicts children in a sexualized manner on our platform. Such content inflicts serious harm on victims and has no place here.
We promptly report any child sexual abuse and exploitation (CSAE) material to the National Center for Missing & Exploited Children. Users found posting such content will be permanently banned from Calling Me.
8.1 Prohibition of CSAE
You acknowledge and agree that any form of CSAE, which encompasses activities such as the sexualization of children or the portrayal of sexual content involving minors, is explicitly prohibited on our platform. This prohibition extends to all users and encompasses any attempt to solicit, share, or disseminate such content, regardless of its form or intent.
We employ both automated and manual systems to detect underage activity and CSAE. Circumventing these systems is strictly prohibited. The following activities are considered violations:
Sexualization of Minors and CSAE
1)Sharing, creating, or distributing child sexual abuse or exploitation content.
2)Engaging in activities that sexualize minors, such as sexualized discussions, roleplaying, or the use of inappropriate clothing.
3)Any form of child nudity or sexualization, including depictions through artwork, drawings, or animations.
Harmful or Dangerous Acts Involving Minors
1)Threatening, encouraging, or engaging in physical violence against minors.
2)Psychological manipulation, coercion, or abuse of minors.
3)Promoting or depicting dangerous behaviors involving minors.
4)Advocating for or depicting child neglect, trafficking, or exploitation.
Underage Presence on the Platform
1)Any underage individuals appearing in live streams, videos, or other content formats is strictly prohibited.
2)Creating or managing accounts on behalf of minors.
3)Attempts to falsify age to bypass platform age restrictions.
8.2 Reporting CSAE
In our commitment to maintaining a safe environment for all users, we have established comprehensive measures for reporting and addressing instances of CSAE on our platform. This section outlines the various channels available for reporting CSAE content, including our in-app user reporting mechanism and the assistance provided by dedicated organizations worldwide.
In-App Reporting and Content Moderators
We offer a flag and report mechanism within the app, allowing users to promptly report any concerns or instances of CSAE. Your active engagement in utilizing this feature is not only appreciated but crucial in upholding a safe and secure environment for all users. Additionally, our platform employs a team of dedicated content moderators who diligently review reported content and take swift action when necessary to enforce our CSAE policies and maintain the integrity of our community.
Dedicated Organizations Around the World
Below, we provide a list of reputable organizations and resources where individuals can seek support, report CSAE incidents, and access additional information:
1)United States - National Center for Missing and Exploited Children
2)South Korea - Korea Communication Standards Commission
3)Japan - Internet Hotline Center Japan
4)India - Childline 1098 India
5)Hong Kong - 家庭衝突及性暴力政策組
6)Global - INHOPE Association
7)Germany - Jugendschutz
8)France - l'Association des Fournisseurs d'Accès et de Services Internet
9.Your Content
When you submit, upload, transmit or display any data, information, photograph or other content in connection with your use of Calling Me (“Your Content”), you understand and agree that:
1)You will continue to own and be responsible for Your Content;
2)We will not sell Your Content to any third-party;
3)Your Content will be shared with other users of Calling Me in many ways. For example, Your Content will be seen by other users of Calling Me once you have uploaded Your Content to Calling Me;
4)You are giving us and our affiliate companies the right to use Your Content (with no fees or charges payable by us to you) solely for the purposes of providing, promoting, developing and trying to improve Calling Me and our other services, including new services that we may provide in the future;
5)In using Your Content for these purposes, we and our affiliate companies may copy, reproduce, host, store, process, adapt, modify, translate, perform, distribute and publish Your Content worldwide by all distribution methods, including those that are developed in the future;
6)We may share Your Content with third parties that we work with to help provide, promote, develop and improve Calling Me, but these third parties (other than our affiliate companies) will not make any separate use of Your Content for their own purposes (i.e. For any purposes that are not related to Calling Me);
7)We may use the name that you submit in connection with Your Content (whether that be your account name, real name or otherwise); and
8)You will comply with these Terms in your submission of Your Content.
9)You are prohibited from posting and agree not to post any prohibited content as determined by company, in its sole discretion and which includes, without limitation: Sexually Explicit Material, Violence and Bullying, Hate Speech, Sensitive Events, Unlawful Activity, IP Infringement.
In addition, you agree that we and our affiliate companies (subject to these Terms, our Calling Me Privacy Policy and applicable laws and regulations):
1)Are allowed to retain and continue to use Your Content after you stop using Calling Me – for example, where you have shared Your Content with other users of Calling Me;
2)May be required to retain or disclose Your Content in order to: (i) comply with applicable laws or regulations; (ii) comply with a court order, subpoena or other legal process; or (iii) respond to a lawful request by a government authority, law enforcement agency or similar body (whether situated in your jurisdiction or elsewhere); and
3)May need to retain or disclose Your Content in order to enforce these Terms, protect our rights, property or safety, or the rights, property or safety of our affiliate companies or other users of Calling Me.
You understand that even if you attempt to delete Your Content from Calling Me, it may not be immediately or fully removed due to technical and administrative limitations. For instance, we cannot prevent third parties from storing or using Your Content if it was made public via Calling Me. We reserve the right to remove or block Your Content at our discretion, including when necessary to comply with applicable laws or regulations.
You are solely responsible for Your Content, and we recommend keeping a backup copy. You agree that: (i) you have the necessary rights to submit, transmit, or display Your Content, and to grant us the rights outlined in these Terms; and (ii) Your Content and our use of it will not infringe on the rights of any third party or violate any laws or regulations.
Please note that Calling Me is not a storage service. We are under no obligation to store, maintain, or provide you with a copy of any content or information you or others provide, unless required by law and as stated in the Calling Me Privacy Policy.
10.No Liability for Third Parties
As set out in the “Third-Party Content and Services” sections of these Terms, various third parties may provide certain content, services or software within Calling Me.
THESE TERMS GOVERN THE RELATIONSHIP BETWEEN YOU AND US. YOUR DEALINGS WITH ALL THIRD PARTIES, INCLUDING THOSE FOUND THROUGH CALLING ME, ARE SOLELY BETWEEN YOU AND THE RELEVANT THIRD-PARTY. SUBJECT TO MANDATORY APPLICABLE LAWS AND REGULATIONS, WE AND OUR AFFILIATE COMPANIES HAVE NO LIABILITY TO YOU IN RELATION TO ANY THIRD PARTIES, INCLUDING ANY CONTENT OR SERVICES PROVIDED BY SUCH THIRD PARTIES WITHIN CALLING ME.
11.Warranty and Disclaimer
We warrant to you that we will provide Calling Me using reasonable care and skill.
APART FROM THIS WARRANTY, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, CALLING ME IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND NEITHER US NOR ANY OF OUR AFFILIATE COMPANIES MAKE ANY REPRESENTATION OR WARRANTY OR GIVES ANY UNDERTAKING IN RELATION TO CALLING ME OR ANY CONTENT SUBMITTED, TRANSMITTED OR DISPLAYED BY CALLING ME, INCLUDING: (I) ANY REPRESENTATION, WARRANTY OR UNDERTAKING THAT CALLING ME WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE OR FREE FROM VIRUSES; (II) THAT CALLING ME WILL BE COMPATIBLE WITH YOUR DEVICE; OR (III) THAT CALLING ME WILL BE OF MERCHANTABLE QUALITY, FIT FOR A PARTICULAR PURPOSE OR NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, YOU WAIVE ANY AND ALL IMPLIED REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS.
12.Liability for Calling Me
TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, THE TOTAL AGGREGATE LIABILITY OF US AND OUR AFFILIATE COMPANIES FOR ALL CLAIMS IN CONNECTION WITH THESE TERMS, OR CALLING ME, ARISING OUT OF ANY CIRCUMSTANCES, WILL BE LIMITED TO THE AMOUNT YOU PAID US TO USE CALLING ME AND IN NO EVENT WILL IT EXCEED $50.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, IN NO EVENT WILL WE OR ANY OF OUR AFFILIATE COMPANIES BE LIABLE FOR ANY OF THE FOLLOWING:
1)IN CONNECTION WITH THESE TERMS OR CALLING ME, FOR ANY DAMAGES CAUSED BY: (I) ANY NATURAL DISASTER SUCH AS FLOODS, EARTHQUAKES OR EPIDEMICS; (II) ANY SOCIAL EVENT SUCH AS WARS, RIOTS OR GOVERNMENT ACTIONS; (III) ANY COMPUTER VIRUS, TROJAN HORSE OR OTHER DAMAGE CAUSED BY MALWARE OR HACKERS; (IV) ANY MALFUNCTION OR FAILURE OF OUR OR YOUR SOFTWARE, SYSTEM, HARDWARE OR CONNECTIVITY; (V) IMPROPER OR UNAUTHORIZED USE OF CALLING ME; (VI) YOUR USE OF CALLING ME IN BREACH OF THESE TERMS; OR (VII) ANY REASONS BEYOND OUR REASONABLE CONTROL OR PREDICTABILITY;
2)FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES; AND/OR
3)FOR ANY LOSS OF BUSINESS, REVENUES, PROFITS, GOODWILL, CONTENT OR DATA.
NOTWITHSTANDING ANY OTHER PROVISIONS OF THESE TERMS, NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY OF YOUR STATUTORY RIGHTS IN YOUR JURISDICTION (INCLUDING ANY RIGHTS UNDER APPLICABLE CONSUMER PROTECTION REGULATION), TO THE EXTENT THESE MAY NOT BE EXCLUDED OR WAIVED UNDER APPLICABLE LAWS AND REGULATIONS.
YOU AGREE THAT YOU INDEMNIFY US AND OUR AFFILIATE COMPANIES FROM AND AGAINST ANY CLAIM, SUIT, ACTION, DEMAND, DAMAGE, DEBT, LOSS, COST, EXPENSE (INCLUDING LITIGATION COSTS AND ATTORNEYS' FEES) AND LIABILITY ARISING FROM: (I) YOUR USE OF CALLING ME; OR (II) YOUR BREACH OF THESE TERMS.
13.Termination
These Terms will apply to your use of Calling Me until your access to Calling Me is terminated by either you or us.
We may suspend or terminate your access to your account or any or all of Calling Me: (i) if we reasonably believe that you have breached these Terms; (ii) if your use of Calling Me creates risk for us or for other users of Calling Me, gives rise to a threat of potential third-party claims against us or is potentially damaging to our reputation; (iii) if you fail to use Calling Me for a prolonged period; or (iv) for any other reason in our sole and absolute discretion. Where reasonably practicable, we will give you notice of any suspension or termination.
Upon termination of your access to Calling Me (in whole or in part), you will immediately permanently delete all copies of Calling Me to which the termination relates and you will immediately cease accessing and using Calling Me.
Following termination of these Terms, we will only retain and use Your Content in accordance with these Terms (in particular, the Calling Me Privacy Policy). Where we suspend or terminate all or part of Calling Me, or where your access to Calling Me is terminated by you or us, we do not guarantee that we will be able to return any of Your Content back to you and we may permanently delete Your Content without notice to you at any time after termination. Please ensure that you regularly back up Your Content.
14.Changes to These Terms and Calling Me
We may update these Terms from time to time, so we encourage you to review them periodically.
As Calling Me and its user experience evolve, we may add, modify, or remove features (including changes to whether a service is free or paid) or suspend/terminate services, in accordance with applicable laws and regulations. If we make material changes to these Terms or Calling Me, we will notify you, when possible, through our website, services, or by email, and will indicate when the changes will take effect. By continuing to use Calling Me after any changes, you agree to the updated Terms. If you do not agree with the changes, you may close your account.