Terms of Service

  1. We reserve the right to change these terms and conditions without notice by posting the changes to our Web site.
  2. We or you may terminate your account at any time for any reason.
  3. Users acknowledge and agree that their SWF information (site names, URLs, traffic counts, etc.) may be utilized by MochiMention.com. Possible uses include (but are not limited to) a directory of the sites using our service, general promotional uses, etc.
  4. You agree to use our services at your own risk. Our services are provided on an "as is" and "as available" basis. You agree that you have made your own determination regarding the usefulness of the service. We disclaim all warranties including, but not limited to, warranties of merchantability and fitness for a particular purpose.
  5. We are not liable for damages, direct or consequential, resulting from your use of the service, any failure to provide service, suspension of service, or termination of service. We do not guarantee the availability of the service. You agree not to hold us responsible for data loss or interruption of service of any kind.
  6. We retain ownership and all rights to MochiMention.com logos, trademarks, software, trade secrets, databases, reports, and Web site.
  7. If this agreement is terminated by us or by you for any reason, you agree to remove our code, logos and trademarks from all of your Web sites and other items.
  8. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITY COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES) ARISING FROM YOUR VIOLATION OF THIS AGREEMENT OR ANY THIRD-PARTY'S RIGHTS, INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF ANY COPYRIGHT, VIOLATION OF ANY PROPRIETARY RIGHT AND INVASION OF ANY PRIVACY RIGHTS. THIS OBLIGATION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT. OUR LIABILITY WILL NOT EXCEED THE PURCHASE PRICE OF THE SERVICES.
  9. We both own the data regarding comments and ratings that we collect. You can use the data we provide for any legal purposes. We will use the data in compliance with our privacy policy.
  10. This Agreement will be construed and enforced in accordance with the laws of California without regard to its conflict of law principles. Venue for any dispute under this Agreement will be San Francisco, CA - USA.
  11. You have read our terms and conditions and you agree to them.