Your use of our Site means that you agree to these Terms of Use, our Privacy Policy (hereinafter referred to as the "Privacy Policy"), and that you agree to receive the required notice and to interact with us via computer. If you do not agree to these Terms of Use and / or the Privacy Policy, we encourage you to not use our sites.
1 CHANGES IN THE USE OF TERMS
We may change these Terms of Use at any time. You can check the latest version of the terms of use of this connection by clicking on "Terms of Use" located at the bottom of the sites. You are responsible for checking these Terms of Use periodically. If you go to use the Sites after we make changes to these Terms of Use, then you are deemed to have accepted our new terms.
2 ADDITIONAL CONDITIONS
Certain areas rather than sites, such as sites where you can download the data, will contain guidelines and rules of use that will add to these Terms of Use. By using the services in the Sites, you agree to comply with the guidelines and the regulations.
3 ELECTRONIC DELIVERY POLICY & YOUR APPROVAL
You agree that we will provide notice, consent, and other important information about the sites to you electronically, if you do not agree to receive notices electronically, then please stop using the Sites.
4 PERSONAL POLICY
This Privacy Policy describes the practices used in your personal information when you use these sites. Your use of the sites are constantly signifies your agreement to the information practices disclosed in our Privacy Policy. You can check this Privacy Policy at any time by clicking on the connection the Privacy Policy located at the bottom of the sites.
5 CHANGES TO SITES
We will stop or change any service or feature on the sites at any time and without notice.
6 COST OF ACCESS
You must provide your own cost, equipment and Internet network you will need to access and use sites. If you access the sites via telephone, please call your local telephone company to determine whether the access number you select is able to be used for long distance or any other additional charges at your location. Likewise, if you access the sites using wireless applications (such as mobile phones), your company, such company without cable connection, may charge for the warning, opened web pages, chat, and other services that require the use of airtime and data services without cable. Check with your company to clarify about your expenses. You are solely responsible for any fees charged to access these sites using a wireless connection or other communication services.
7 YOUR RESPONSIBILITIES
7.1 You may only use the Sites for lawful purposes. You may not collect or transmit information, content, or any material via websites, or otherwise engage in conduct that:
violate or infringe the rights of others without limitation: patent, trademark, trade secret, copyright, publicity or other proprietary rights of others.
unlawful, threatening, abusive, harassing, defamatory thing, the destruction of reputation, deceptive, fraudulent, harassing another's privacy, tortuous, contains explicit or graphic descriptions or sexual acts, or pornography.
Made the victim, harassing, degrading, or scare the individual or group of people in terms of religious, gender, sexual, ethnic, ethnicity, age, or disability.;
mimicking a person, business or entity, including SPIL and its employees along with their agents.
contain viruses or other computer code, data, or programs that interrupt, destroy, or limit the functionality of the software or computer hardware or telecommunications equipment, or otherwise permit the use of computer or computer network that is not valid;
encourage behavior that will lead to criminal conduct or increases the likelihood of civil liability.;
violate these Terms of Use, guidelines or any policy that is displayed on the Sites; or
interfere with the use of sites by other things.
7.2 You must not use our sites:
for your own commercial gain;
to offer a promotion or advertisement of any kind without our written consent in advance; or
to provide any personal information or any information; content, or materials in a person's account other than yourself without permission.
7.3 By using our sites, means that you have agreed to:
to adhere to these Terms of Use;
to keep your connection information remains accurate and the most recent, and
not to give or transfer your password without our consent.
7.4 You may not use sites with destructive actions, disable, overburden, or interrupt our systems and network services or interfere with the use of other parties and comfort those sites. You should not attempt to gain unauthorized access in any service, user accounts, computer systems, or networks through piracy, break password, or by other means apapun.Kami will take legal action and technical measures to prevent violations and to implement Terms of this usage.
Each player may only have one account. We reserve the right to remove a user account in case a player has multiple accounts, or for other reasons.
7.5 You may not use the Sites or any of our communications equipment rather than to send you unsolicited communications (including email and instant messaging), either directly or indirectly. You may not take information about our users for the purpose of sending-, (or to provide facilities-delivery) messages are unsolicited. You may not induce or allow others to use for illegitimate sites in terms of the ini.Kami will terminate your access to or use of the Sites immediately and take legal action if you, or anyone using your access for violating the provisions of These provisions in the sites. We will take technical measures to prevent the entry, use, or the existence of the messages that are not required in our computer or communications networks.
7.6 Information, the contents of the womb, or any material that you created and collected or transmitted through Websites and are protected by intellectual property rights (or similar rights) must be licensed to us as it does not own, transferable handed over, part of the license, free of the patent owner honorium, eternal, worldwide license and we are allowed to use the intellectual property rights in or in matters relating to websites or other media.
7.7 When you provide information, fill in the content, or materials and use a common privacy settings, it means that every visitor sites will have access to this information. And we do not have power in terms of setting the information or what the other visitors to such information.
7.8 We reserve the right to delete the information, content, or materials from sites you if the information violates these Terms of Use.
7.9 If you choose a user name, then we have the right to remove or get it back if we believe that it is reasonable to do.
8 LICENSE TO USE THE SITE
Under the Terms of Use, you are allowed to use the Sites and the Content offered on the Websites solely for your personal, non-commercial use only. You are allowed to use and download content that is offered solely for your personal and based on the regulations that accompany such content. You may not use the contents of the Site in the past the limits of the rights granted to you to use such content. You are not allowed to analyze the data from the database, robots, or similar data retrieval and content of data collection equipment, plagiarizing parts rather than sites or the content, or replicate, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, publish, license under the hand, give, transfer, sell, lend, or otherwise distribute the contents of the Site without our written consent first. You may not circumvent any mechanisms included in the contents to prevent impersonation of unusual or distribution of content.
9 LIMITATION OF AGE
By using the Sites, you confirm that your age is 13 years and over. If under 13 years of age, then you are accompanied and guided directly by the parent or legal guardian. If you are under 13 years of age, then do not access our sites without a parent or legal guardian who will lead you directly. You agree that - if your computer, Internet appliances, Internet networks, and / or access facility (owned, leased, or borrowed), or assist users in accessing the sites or services, you will not allow or assist children under the 13 years old to access the sites or services either knowledge or without knowledge, but is guided directly by the parent or legal guardian. You agree that, if you allow or assist children under 13 years old to access the sites without the guidance of a parent or legal guardian who will lead them directly to your computer use, Internet appliances, Internet networks, and / or (either owned, leased, or borrowed). You assume full responsibility for the consequences of any kind, and without any provision-, (including but without limitation negligence), SPIL, any third party service providers, or their agents each in consequential damages directly, indirectly, accidentally or special arising from the use of sites by children under 13 years, even though that party has been advised of the possibility of such damages.
10 PROPERTY
Intellectual Property Rights on the sites:
We have intellectual property rights over the design and information sites, including the name of sites, and the look and color combinations, button shapes, and other graphic elements contained on the Sites. Intellectual property is protected by international treaties and by copyright, trademark, patent, and trade laws. along with other proprietary rights. For example, we own the copyright in the selection, organization, arrangement, and enhancement sites as well as in the original content of our sites.
Intellectual Property for Games:
We have intellectual property rights in a number of games on the sites, and for certain games. We begged and have permission from the copyright holder. For some games, we could not find the copyright information. Or due to general use of the Internet, this information can not be obtained anymore. Some games may be used under special conditions, considering a number of prerequisite constraints. These prerequisite constraints are, as far as we can determine, met by SPIL. We do not change the programming code of the game. For example, credit holders, brand names, or references to sites that still remain the same.
11 CLAIMS OF INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS
If in your view, copyright or other intellectual property rights ("IP rights") owned by you infringed by / on sites, please contact us immediately, so attached to us:
physical or electronic signature rather than the owner of the rights granted IPatau legitimate authority representing the owner;
a description of your IP rights had been violated and demanded an explanation for the activity of the infraction.;
identification of the location where the original or copies of copyright-legal (eg, location of sites where the URL is displayed. Or the name of the publication of the book places, or. the registration of brand names, such as the quote proof of registration.;)
copy of the license which states that you are given the right to use and protect the IP rights; (if you do not own the IP rights):
identification of the URL or other specific location on this site that shows you where the material is broken-guided (information must be specific enough to allow us to allocate the material);
your name and your full address, and
statement from you that you have full confidence that the dispute use is not based on rights and authority of the copyright owner, its agent or the law.
12 PAYMENT OF SERVICES TO A THIRD PARTY
SPIL may sell it to you, either directly or through third-party payment service provider (PSP) that supplies services of payment transactions to the SPIL and Web site users in order to facilitate the sale of goods and services through Web sites, virtual items (such as virtual game elements or virtual coins) or pay to download a game. If you buy something from the Web site, you'll make a deal with SPIL and Third Party Payment Service Provider to implement the relevant payment (you will see the payment screen).
Through a Third Party Payment Service Provider. If the deal happens with a Third Party Payment Service Providers, SPIL will never be responsible for the communication between you and such Service Providers, and all the information you exchanged with the Service Provider will be exclusively subject to personal discretion and or other regulations of the Service Provider. You have to pay compensation to the SPIL for re-payment of claims or other claims that may be filed by the Provider of subscriptions as a consequence of the payment default.
Through the SPIL. All information we receive from you in the context of payment and supply of services subject to personal discretion SPIL. Our personal wisdom may be found. You agree to pay all applicable taxes and are usually associated with your purchase.
If you purchase any goods or services from us in the European Union, you have seven calendar days to cancel the purchase (the period of "cooling off"), starting from the first day after the date of delivery or purchase. Date of purchase will be deemed the date of delivery. You do not have this right if the goods or a suit has been delivered and used before the cooling off period expires. If you buy virtual items, you do not have the right to cancel your purchase because of its performance from the supply.
SPIL does not issue refunds for any reason. You will not receive a refund or other compensation for unused virtual item. If you cancel or close your account (either voluntarily or not), virtual items you have purchased will be lost and SPIL will not provide any compensation in this case.
13 THIRD PARTY SITES; & ADVERTISERS
These sites may include a connection to third party sites, including the connection of the results of the search process. Some than the site may contain materials that are objectionable, unlawful, or inaccurate. The existence of this connection does not mean that we endorse these sites or third-party services. You acknowledge and agree that we are not responsible for any content or other materials available on third party sites. Any transaction between you and the advertisers that occurred in the sites is just between you and the advertiser and you acknowledge and agree that we are not responsible for any loss or claim you to the advertiser.
14 USE OF THE SOFTWARE
We will provide software for your use. The software is based on the terms of use of the accompanying license agreement. If no license agreement presented to you with its software, following the approval letter as these Terms of use is, who will determine the use of its software. We give you a personal license, an individual, not transferable, limited license to install the software into a single computer. Such software is protected by copyright law and other intellectual property rights and agreements that are owned by us and our suppliers. You may not sell or distribute software. You may not enter the software or any part thereof into other products. You may not reproduce, rearrange, or they reinstall the software or otherwise attempt to extract the code pemogramannya (unless permitted by law). You may not modify, take, or mimicry of the software or remove proprietary rights notices contained in the software. You agree to comply with all applicable laws and regulations of use of software. You must not allow or assist any third party to do the things prohibited in this paragraph.
We will automatically check the software version and update it to develop the functions and capabilities. If you turn off the software as an automatic update or otherwise interfere with installation of the update, the software may be damaged and / or cease to function.
You agree to fully comply with all import and export laws, laws, regulations, and orders the Dutch or foreign governmental agency or other foreign powers (including Britain), and you agree to export, re-export, transfer, and / or issue software, related technology, and any products directly or indirectly to the users of the forbidden or the state, entity, or person prohibited (wherever located) without the authority of the legitimate government. You assume all responsibility and costs associated with your fulfillment of the law, laws, regulations, and orders and to obtain all the necessary power of attorney. Furthermore you agree to take over the responsibility and bear all expenses relating to your compliance with the law, laws, regulations, and orders and to obtain all the necessary power of attorney.
WARRANTY DISCLAIMERS 15
We provide sites along with all faults and with as such. We and our suppliers do not provide any guarantees regarding the sites. SPIL is not obligated to provide any support. Based on the little amount permitted by law, we and our suppliers fully reject the assurance that the sites and all of its software, content and services provided through the Websites can be traded, quality satisfaction, accurate, timely, fit for purpose or needs certain, and not infringed. We do not guarantee that sites will meet your requirements or error free, reliable, without interruption, or available all time. We do not guarantee that the results may be obtained from the use of the Sites (including any support services) will be effective, reliable, or accurate, or will meet your requirements. We do not guarantee that you can access or use the site-site (either directly or through third-party networks) at the time or location of your choice. There was no conversation or written information or advice given by a representative of SPIL shall create a warranty. You may have additional consumer rights under local laws that this contract will not change.
16 limitations AN ACCOUNTABILITY
As for you with our offense is to discontinue your use of the camp site. In terms of accountability-, (or the liability of our parent company or our suppliers-), for any and demands associated with the use of sites that pass through the amount of service fee you paid to us for a year for specific services. We, our parents, our partners and our suppliers are not responsible for indirect damages, special, accidental, consequences that occur from the use of sites that are not wjar.Pengeluaran is applied to a demand for money damages, loss of data , losses on the good, work stoppage, computer failure, or damage / loss of any commercial, even though we knew or should have known of the possibility of such damages. Because some countries, provinces, or jurisdictions, our liability-, (and the responsibility of our parents and our suppliers, -) will be limited by legal counsel.
17 INDEMNITY
On the basis of our request, you agree to defend, indemnify and get hold of us and our parent company and other branches as well as their respective employees, contraction, employee, director, and agent-agent, claims, and expenses including attorneys' fees terajdi akbbat of abuse sites. We reserve the right at his own expense, to assume the exclusive defense and control of any matter, if not then indemnification by you in your work with us in making a statement of defense terhadapa available.
18 USE OF INTERNATIONAL
We do not have a representative who stated that the content of these sites is common and is available for use in locations outside the Netherlands. Access the sites from territories where nature is illegal and prohibited. If you choose to access the sites from locations outside the Netherlands, then you do so at your own initiative and are responsible for local law.
19 CHOICE OF LAW AND LOCATION FOR A SETTLEMENT OF DISPUTES
You agree that the law of the Dutch master of this contract and any claim or any settlement that is in you with us, without relation to the rule of law the Netherlands, and that the Meeting of National Unity on the International Sale of Goods Contracts do not have a use. You further agree that any disputes or claims against us will be resolved by a court located in the Netherlands.
-Please note that, by agreeing to these Terms of Use, you mean: (
1) remove the existing claims against us otherwise. under the laws of jurisdictions, including your own; (
2) allow the legal power limit can not be exchanged, and located at court in the Netherlands for all disputes and claims you are against us; and
3) submit yourself to the courts located in the Netherlands for the purpose of settlement of disputes or claims.
20 OBJECTIONS & INTEGRATION
This contract and additional terms, policies, regulations, and guidelines are displayed on the Websites constitute the entire agreement between you and us and supersedes all prior oral and written agreements. If any part of a Terms of Use is invalid or unenforceable, then that part will be described in legal usage, as closely as possible, the original purpose of the parties and the remaining portions shall remain in a state full of force and effect.
21 PENGHENTIA N
Your right to use the sites will automatically be terminated if you violate these Terms of Use or any rules or guidelines listed on the sites. We also have the right, at our discretion, to terminate your access to all or part of sites, for any reason, with or without notice.
Addtional TOS From Mochi Media
Agreement
This agreement (the "Agreement") is entered into by and between you ("you") and Mochi Media, Inc. ("Mochi Media") regarding your use of all aspects of Mochi Media services. By using the Mochi Ads Service, you consent to be bound by these terms and conditions. For clarity, these terms and conditions apply only to participants in the Mochi Ads Service. Unless otherwise explicitly specified, all non-Mochi Ads Services offered by Mochi Media are governed by the Mochi Media Terms of Service1.0 The Service
Mochi Media, Inc.. (“Mochi Media”) has developed www.mochimedia.com (the “Website”) and the Mochi Ads service as a computer online service that provides online game-related services to users who develop and publish games (collectively, the “Mochi Ads 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) using the software made available to you thorough Mochi Ads (“Mochi Ads Software”) and the guidelines provided on the Website (the “Software Guidelines”). Mochi Media 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 Media shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.2.0 Modifications to this Agreement
MOCHI MEDIA 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 Mochi Media Privacy Policy and DMCA POLICY and any other legal notices published by Mochi Media on the Website shall constitute the entire Agreement between you and Mochi Media concerning the Service.3.0 Eligibility
By using the Service, you represent and warrant that:- (a) either you are at least 18 years of age or older and you have legal capacity to agree to this terms and conditions; you are between the ages of 13 and 17 and you have legal capacity to agree to these terms and conditions because your parent or legal guardian has authorized you to do so; or you are an individual entering this agreement on behalf of an entity, and you are authorized to bind the entity to this agreement;
- (b) all registration information you submit is accurate and truthful;
- (c) you will maintain the accuracy of such information; and
- (d) your use of the Service does not violate any applicable law or regulation.
4.0 Service Access
4.1 Subject to your compliance on a continuing basis with all of the terms and conditions of this Agreement, Mochi Media hereby grants you permission to use the Service only as set forth in this Agreement, and provided that:- (a) You will be responsible for obtaining or providing all connectivity and computer equipment or other access devices necessary to access the Service;
- (b) you will otherwise comply with this Agreement, including the Privacy Policy and DMCA Policy;
- (c) you will not copy or distribute any part of the Website or Service in any medium without Mochi Media's express authorization;
- (d) you will not alter or modify any part of the Website or Services other than as expressly authorized;
- (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;
- (f) you will not link to the Website without Mochi Media's prior written consent;
- (g) you will not post content or items in an inappropriate category or areas on the Site;
- (h) you understand that Mochi Media may, in its sole discretion, cancel any offer or remove any Content (as defined below) posted on Mochi Media if it believes there is evidence supporting violation of these terms;
- (i) you will not distribute or post spam, chain letters, pyramid schemes, viruses or any other technologies that may harm Mochi Media, or the interests or property of Mochi Media users;
- (j) you will not harvest or otherwise collect information about Content, or users, including email addresses, without their consent;
- (k) you will be responsible for withholding, filing, and reporting all taxes (except MOCHI MEDIA’s U.S. income taxes), duties and other governmental assessments associated with your use of the Service;
- (l) 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 Media 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;
- (m) 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;
- (n) you agree that your Content both will not contain restricted or password only access pages or hidden pages or images; and
- (o) you will not violate any laws, third party rights, or our policies;
4.2 Account, Password and Security. You will receive a password and account designation upon completing the Service’s registration process. You may never use another's account, username or password without permission. When creating your account, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Mochi Media of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Mochi Media shall not be liable for any loss or damage arising from your failure to comply with this Section or any use of your password or account whether authorized by you or not. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Mochi Media immediately of any breach of security or unauthorized use of your account. While you may be required to expressly accept or reject these Terms of Service when you register; you agree that any requirement that you do so does not in any way vitiate your assent to comply with the Terms of Service. Although Mochi Media will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Mochi Media or others due to such unauthorized use.
4.3 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 Media has no control over such sites and resources, you acknowledge and agree that Mochi Media 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 Media 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.
5.0 Intellectual Property Rights
5.1 Content. The content on the Website and available through the Service, including without limitation, the 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 Media, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Mochi Media 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.5.2 Mochi Ads Software and Content. The Mochi Ads Software is owned by or licensed to Mochi Media. Mochi Media grants you a limited, revocable, non-exclusive, license to redistribute the Mochi Ads Software and Content available on the Open Feed solely in conjunction with the Service consistent with this Agreement and the Guidelines. You may not sublicense, modify, resell, redistribute, reverse engineer or otherwise manipulate the Mochi Ads Software or Service. Except as expressly provided for in this Section, you are not granted any other rights, title or interest in the Mochi Ads Software or Service. You shall not copy any Mochi Ads Software or Content except as set forth herein. Any copy of the Content, Mochi Ads Software or Service that you make must contain the same copyright and other proprietary notices that appear on or in the Mochi Ads Software or Service. If you are a copyright owner or an agent thereof and believe that Content infringes upon your copyrights, you may submit a notification pursuant to our DMCA Policy.
6.0 Term
6.1 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 Media, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any User Submissions within the Service, for any reason or no reason, including, without limitation, for lack of use or if Mochi Media believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Mochi Media may also in its sole discretion, for any reason or no reason and at any time discontinue providing 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, and acknowledge and agree that Mochi Media may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Mochi Media shall not be liable to you or any third-party for any termination of your access to the Service.7.0 Advertising
7.1 Overview. Mochi Media provides an optional program (the “Mochi Ads Advertising Program”) by which game developers can incorporate software instructions to allow Mochi Media to insert advertisements (“Ads”) from advertisers (“Advertisers”) into the Mochi Ads Games. You acknowledge that Mochi Ads Games may contain Ads.Mochi Media provides an optional program (the “Mochi Ads Publisher Program”) by which publishers, included but not limited to those who own websites, downloadable applications, and internet tools used to distribute content, can download a feed of the Mochi Ads Games that they may publish, feature, distribute, or display on their site or within their products.
7.2 Participation. Participation is subject to approval from Mochi Media and/or its Ad Partners. Mochi Media reserves the right to deny participation to or revoke its prior approval of any user in its sole discretion.
7.3 Prohibited Uses. You shall not yourself, nor authorize or enable any third party to, (i) directly or indirectly generate queries, impressions or clicks on any Ad(s) through any manual, automated, or otherwise fraudulent means, including but not limited to repeated clicks, the use of robots or other automated query tools, (ii) edit or modify the information contained in any Ad, including but not limited to the presentation or the URL or URL mapping that may exist into the Ad unit, or (iii) run the Ad through any additional service that rewrites the URLs contained in the Ad. You agree that any violation of (or attempt to violate) the foregoing is a material breach of this Agreement and that Mochi Media may suspend your account and pursue legal remedies against you. A breach of this Agreement will result in your forfeiture of any payment due.
7.4 Termination. You may terminate participation in the Mochi Ads Publisher Program at any time by following the instructions to terminate your account presented to you at the mochiads.com website. Upon your termination of the Mochi Ads Publisher Program, you may in certain cases be prohibited from re-enrolling in the Mochi Ads Publisher Program for a period of time based on agreements with Advertising Partners or Developers. Mochi Media, in its sole discretion, may terminate your participation in some or all of the Mochi Ads Publisher Program or the Mochi Ads Advertising Program at any time for any reason with or without notice.
7.5 No Guarantee. Mochi Media makes no guarantee as to the level of impressions or clicks on any Ad, or the amount of any payment to be made to you under this Agreement. Mochi Media makes no guarantee as to click-thru performance for advertising in Flash games, including but not limited to all current and future versions of Flash as compared to similar Ads placed in HTML pages.
7.6 Payment. In connection with the Mochi Ads Advertising Program, Mochi Media sells advertisements (“Ads”) that generate revenue on the basis of the number of valid revenue-generating Ad impressions, clicks, or transactions displayed and confirmed in the Mochi Ads Game(s) as determined by Mochi Media and its Ad Partners. In response to Ads viewed in the Mochi Ads Game(s), Mochi reserves variable percentages it receives for payments to participants in the Mochi Ads Advertising Program and/or the Mochi Ads Publisher Program net of all payment defaults, chargebacks, bad debt, sales commissions, discounts, refunds, and processing fees related to the Ads and Ad payments that Mochi Media may incur in operating the Mochi Ads Advertising Program and/or the Mochi Ads Publisher Program (the “User Revenue Share”). The net amount of each User Revenue Share shall be determined in Mochi’s sole discretion based on various factors, including, but not limited to the number of Ads viewed in the Mochi Ads Game(s) played on your publisher site, the type of Ads viewed in the Mochi Ads Game(s) played on your publisher site, the time the Ads are served, and from where the Ad request is received. Mochi Media reserves the right to change the User Revenue Share at any time.
- (a) User Revenue Share Payments will be made to you using (i) PayPal, which requires that you give Mochi Media a valid email address, which will not be validated by any automated means or (ii) check. If you are not a registered member of PayPal when you enroll in the Mochi Ads Advertising Program or Mochi Ads Publisher Program, PayPal should send you an email with instructions for how to collect your payment. If this payment is not collected within 30 days of PayPal sending the email, the payment will be forfeited and returned to Mochi Media. Upon your request, Mochi Media may elect, in its sole discretion, to pay you by check or electronic funds transfer. Notwithstanding any provision herein to the contrary, Mochi Media shall not be obligated to make any payment to you in connection with the Mochi Ads Advertising Program or the Mochi Ads Publisher Program unless and until Mochi Media has received corresponding payment from its Advertisers or Ad Partners. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your Mochi Ads account and your PayPal account.
- (b) Mochi Media shall be authorized at any time to chargeback any fee paid to you in the event an Advertiser or Ad Partner whose Ads have been displayed in the Mochi Ads Games assesses a chargeback against Mochi Media or defaults on any amounts owed to Mochi Media for such Ads. Subject to the foregoing, payments for Ads sourced by Mochi Media directly from Advertisers will be made to you within 90 days of the end of the month in which such Ads were displayed in the Mochi Ads Games. Likewise, subject to the foregoing, payments for Ads sourced by Mochi Media from Ad Partners will be made to you within 45 days of the end of the calendar quarter in which Mochi Media received payment for such Ads displayed in the Mochi Ads Games played on your publisher site.
- (c) Mochi Media reserves the right to make payments to you only when your earned balance is greater than $100.00 USD. If you terminate your participation in the Mochi Ads Publisher Program and your earned revenue is less than $100.00 USD, you will be paid the balance less any applicable transaction fees and reasonable reserves for chargebacks, credits, and payment defaults.
- (d) If you dispute any payment made in connection with the Mochi Ads Publisher Program, you must notify Mochi Media in writing within thirty (30) days of any such payment. Failure to so notify Mochi Media shall result in the waiver by you of any claims related to such disputed payment. Payments shall be calculated solely based on records maintained by Mochi Media. No other measurements or statistics of any kind shall be accepted by Mochi Media or have any effect under this Agreement. Mochi shall not be liable for any payment based on (i) any fraudulent Ad displays generated by any person, robot, automated program or similar device or for fraudulent impressions similarly generated on any advertisements, as reasonably determined by Company; (ii) Ad displays commingled with a significant number of fraudulent impressions or fraudulent clicks described in (i) above; or (iii) any breach of this Agreement by you.
- (e) You agree to pay all applicable taxes or charges imposed by any government entity in connection with you use of the Mochi Ads Publisher Program.
8.0 Disclaimer of Warranty
TO THE FULLEST EXTENT PERMITTED BY LAW, MOCHI MEDIA, 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. IN ADDITION, NEITHER MOCHI MEDIA NOR ITS SUPPLIERS, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, MAKES ANY WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE, CONTENT, OR THE CONTENT OF ANY SITES LINKED TO THE SERVICE, AND NONE ASSUMES ANY LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE SERVICE, ADS, OR CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; AND/ OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. MOCHI MEDIA 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 MEDIA 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 MEDIA FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. MOCHI MEDIA 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.9.0 Limitation of Liability
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE, CONTENT AND MOCHIADS SOFTWARE IS AT YOUR OWN RISK. IN NO EVENT SHALL MOCHI MEDIA, 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 USER SUBMISSIONS OR 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. THESE LIMITATIONS SHALL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THIS AGREEMENT. YOU SPECIFICALLY ACKNOWLEDGE THAT MOCHI MEDIA SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR 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 THE AMOUNT PAID UNDER THIS AGREEMENT BY MOCHI MEDIA TO YOU. 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.10.0 Indemnity
You agree to defend, indemnify and hold harmless Mochi Media, and its third party developer partners, subsidiaries, affiliates, and their directors, officers, agents, members, shareholders, co-branders or other partners, employees, and Ad Partners from any liabilities, losses, actions, damages, claims, obligations, costs, expenses or demands (including, but not limited to attorneys’ fees, costs and expenses) arising out of (a) your use of the Service, (b) your connection to the Service, (c) your violation of any term of this Agreement or your representations and warranties set forth above, (d) your violation of any rights of another, including without limitation any copyright, property, or privacy right, or (e) your failure to perform your obligations hereunder.11.0 Third Party Beneficiaries
You agree that any Ad Partner that supplies any Ad or any distribution partner (which, for clarity shall not mean You) that distributes Mochi Ads Game(s) shall be third party beneficiary with respect to this Agreement, and that any such Ad Partner or distribution partner shall have the right to enforce such provisions in its own name as if the Ad Partner or distribution partner were Mochi Media. You further agree that you shall not raise lack of privity as a defense against any Ad Partner or distribution partner seeking to enforce the provisions of this Agreement.12.0 Publicity.
You agree that Mochi Media may use your name, logo, and the title(s) and logo(s) of your Game(s) in presentations, marketing materials, customer lists, financial reports and Web site listings of customers.13.0 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. You may not assign, voluntarily, by operation of law, or otherwise, any rights or delegate any duties under this Agreement without Mochi Media’s prior written consent, and any attempt to do so without that consent will be void. Mochi Media may assign this Agreement to a successor in interest in connection with a change of control, a sale of substantially all of its assets, or a merger, acquisition, public offering or other reorganization transaction. The section headings used herein are for convenience only and shall not be given any legal import. The parties shall attempt to resolve any controversy or claim arising out of or relating to the creation, performance, termination and/or breach of this Agreement in the first instance through good faith negotiation or mediation between the parties. Any claims or disputes arising from or related to this Agreement shall be resolved through binding arbitration under the Federal Arbitration Act, 9 U.S.C. § I et. seq. via the American Arbitration Association located in San Francisco, California, U.S.A. and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, and solely with respect to breaches or threatened breaches of this Agreement, either party to this Agreement may seek a temporary restraining order and injunction to protect its legal rights or interests, without the need to post bond in any court having jurisdiction.If you have any questions regarding this Agreement or if you wish to request any information from Mochi Media, please contact Mochi Media at the following address:
Mochi Media, Inc.
611 Mission Street, 5th Floor
San Francisco, CA USA 94105 Last updated: May 13, 2008
