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MochiGames Terms of Service

User Agreement

This agreement (the "Agreement") is entered into by and between you ("you") and Mochi Media, Inc. ("Mochi") regarding your use of the Service (as defined below). By using the Service, including but not limited to visiting the MochiGames.com website (the “Website”), you consent to be bound by these terms and conditions.

  1. 1.0 The Service

    Mochi Media, Inc. has developed www.MochiGames.com, (the “Website”) as a collection of computer online services that game users may access to interact with on-line games and MochiCoins via a personalized account that stores your personal on-line games-related information (collectively, the “Service”). The Service is accessible to you through a personal computer, or other access device, via the Website using a communications connection (e.g., modem and telephone line) and the MochiCoins Guidelines provided on the Website. Mochi reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Mochi shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

  2. 2.0 Modifications To This Agreement

    MOCHI RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO MODIFY THIS AGREEMENT AT ANY TIME BY POSTING A NOTICE ON THE WEBSITE, OR BY SENDING YOU A NOTICE VIA EMAIL. You shall be responsible for reviewing and becoming familiar with any such modifications, which shall be effective when posted on the Website or when notice is sent to you. Your use of the Service after posting or notice constitutes your acceptance of the terms and conditions of this Agreement as modified. This Agreement, together with the MochiGames MochiGames Privacy Policy and any other legal notices published by MochiGames on the Website shall constitute the entire Agreement between you and MochiGames concerning the Service.

  3. 3.0 Eligibility

    By using the Service, you represent and warrant that either you are at least 13 years of age or older and you have legal capacity to agree to these terms and conditions; or you are an individual entering this agreement on behalf of an entity, and you are authorized to bind the entity to this agreement; and your use of the Service does not violate any applicable law or regulation. If you are not at least 13 years of age, you do not have permission to use the Service.

    Your access to the Services may be terminated upon notice if Mochi believes that you are in breach of any of the foregoing representations and warranties. MOCHI RESERVES THE RIGHT TO REFUSE CONTINUED PARTICIPATION TO ANY APPLICANT OR USER AT ANY TIME IN ITS SOLE DISCRETION. In the event of any such refusal or termination, Mochi shall notify you of Mochi’s decision and, in the event of termination, how you may be able to obtain a refund for the value of the unused licenses to MochiCoins associated with your account at the time of termination.

  4. 4.0 Service Access

    1. 4.1 Subject to your compliance on a continuing basis with all of the terms and conditions of this Agreement, Mochi hereby grants you permission to use the Service only as set forth in this Agreement, and provided that:
      1. (a) You will be responsible for obtaining or providing all connectivity and computer equipment or other access devices necessary to access the Service;
      2. (b) you will otherwise comply with this Agreement, including the MochiGames Privacy Policy and DMCA Policy set forth below;
      3. (c) you will not copy or distribute any part of the Website or Service in any medium without Mochi's express authorization;
      4. (d) you will not alter or modify any part of the Website or Services other than as expressly authorized;
      5. (e) you will not circumvent, disable, violate or attempt to violate, or otherwise interfere with the security or integrity of the Website or Service, the proper operation of the Website or Service, or interfere with any activity being conducted on the Website or Service;
      6. (f) you will remove any link you create to the Website immediately upon Mochi's request;
      7. (g) you understand that Mochis may, in its sole discretion, cancel any offer or remove any Content (as defined below) at any time;
      8. (h) you will not harvest or otherwise collect information about Content, or users, including email addresses, without their consent;
      9. (i) you agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Service in a manner that sends more request messages to the Mochi servers in a given period of time than a single human can reasonably produce in the same period by using a conventional on-line web browser;
      10. (j) you agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation purposes; and
      11. (k) you will not violate any laws, third party rights, or our policies (including any Terms of Use for other Mochi service offerings);

      Mochi reserves the right in its sole discretion to block access or discontinue services to offenders, and to investigate and take appropriate legal action against anyone who, in Mochi's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities.

    2. 4.2 Links and Frames. The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Your use of other sites or resources are governed by terms on or related to such sites or resources. Use of such sites or resources is at your own risk. Because Mochi has no control over such sites and resources, you acknowledge and agree that Mochi is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Mochi shall 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 such content, goods or services available on or through any such site or resource.

  5. 5.0 Intellectual Property Rights

    1. 5.1 Content. The content on the Website and available through the Service, including without limitation, the MochiCoins, games, text, software, scripts, graphics, files, images, photos, sounds, music, videos, advertisements, interactive features and the like (collectively "Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Mochi, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Mochi reserves all rights not expressly granted in and to the Service and the Content. You agree to not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any other purposes whatsoever any Content, including, but not limited to, image, audio, and visual content, Marks, third party User Content, or other proprietary rights not owned by you in violation of this agreement. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.

    2. 5.2 If You are a copyright owner or an agent thereof and believe that anything on the Service infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

      1. (a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
      2. (b) A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
      3. (c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
      4. (d) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
      5. (e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
      6. (f) A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    MochiGames's designated Copyright Agent to receive notifications of claimed infringement is:
    MochiGames DMCA
    611 Mission St. 5th Floor
    San Francisco, CA 94105
    PHONE: (415) 680-3740
    EMAIL: dmca@mochigames.com

    You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

    You hereby agree that you shall not assert any claim against Mochi or its officers or directors with respect to such content unless and until: (1) You have fully completed the process set forth above; and (2) Mochi has failed to remove the offending content within thirty (30) days after such notification without a reasonable explanation for its failure to do so.

    It is Company's policy to (1) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied, displayed or distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue services to repeat offenders.

  6. 6.0 Term

    This Agreement shall remain in full force and effect while you use the Service. You may terminate your use of the Service at any time by following the instructions on the Website. You agree that Mochi, in its sole discretion, may terminate your use of the Service, for any reason or no reason, including, without limitation, if Mochi believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Mochi may also in its sole discretion, for any reason or no reason and at any time discontinue providing the Service and may remove and discard any Content within the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice. Further, you agree that Mochi shall not be liable to you or any third-party for any termination of your access to the Service.

  7. 7.0 MochiCoins

    MochiCoins is a virtual currency /microtransactions platform for games whereby MochiGames developers may enable microtransactions (including, but not limited to bonus level unlocks, character unlocks or full game purchase) within their games.

    You may purchase a license to use a number of MochiCoins across MochiCoins-enabled games through your personal MochiGames account. To make an in-game purchase using MochiCoins, you must fund the MochCoins wallet associated with your MochiGames account in accordance with the MochiCoins Guidelines.

    Mochi provides the MochiCoins platform and offers MochiCoins licenses to end users to take advantage of the MochiCoins platform implementations that developers choose to offer within their games, but Mochi does not implement the specific uses of the MochiCoins within each MochiGame.

    As such, Mochi expressly disclaims and you understand and agree that Mochi is not responsible for, and will not be held liable for any and all liability associated with the function (or lack of function) of the MochiCoins you license within the MochiGames.

  8. 8.0 Disclaimer of Warranty

    TO THE FULLEST EXTENT PERMITTED BY LAW, MOCHI, ITS SUPPLIERS, AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MOCHI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED SERVICE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MOCHI WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. THE SERVICE IS CONTROLLED AND OFFERED BY MOCHI FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. MOCHI MAKES NO REPRESENTATIONS THAT THE SERVICE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

  9. 9.0 Limitation of Liability

    YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. IN NO EVENT SHALL MOCHI, ITS SUPPLIERS, AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING LOST PROFITS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT COMPANY SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS SOLELY AND ENTIRELY WITH YOU. IN NO EVENT WILL EITHER PARTY’S LIABILITY FOR MONETARY DAMAGES UNDER THIS AGREEMENT EXCEED $10 U.S. Dollars. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

  10. 10.0 Miscellaneous

    This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. In the event of a conflict between the terms of this Agreement and any other terms set forth in the Website or Service (including without limitation, the terms of the FAQ sections of the Website) the terms of this Agreement shall supersede and control. This Agreement shall be construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Each provision of this Agreement is intended to be severable. If any term or provision hereof shall be determined by a court of competent jurisdiction to be illegal or invalid for any reason whatsoever, such provision shall be severed from this Agreement and shall not affect the validity and enforceability of the remainder of this Agreement.

    If you have any questions regarding this Agreement or if you wish to request any information from Mochi, please contact Mochi at the following address:
    Mochi Media, Inc.
    611 Mission St.
    5th Floor
    San Francisco, CA USA 94105

Last updated: June 12, 2009

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