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submitWelcome to the Mooch website (the "Site"). This Site and the Services offered on it are owned and operated by Mooch, LLC, a Delaware limited liability company ("Mooch"). Please read these Terms and Conditions of use carefully as they govern your rights and obligations while using this Site. BY CLICKING ON "I AGREE" AND/OR BY ACCESSING OR USING THE SITE IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. If you do not agree to all of these Terms and Conditions, you are not authorized to access or use this Site.
Mooch reserves the right to modify these Terms and Conditions at any time, without notice. You should check these Terms and Conditions periodically for changes. By using this Site after we post any changes to these Terms and Conditions, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these Terms and Conditions, you are no longer authorized to access or otherwise use this Site.
Usage of theSite or Services and any information submitted therein is subject to Mooch's Privacy Policy, the terms of which are incorporated herein. You are advised to review this Privacy Policy. Mooch shall maintain the privacy of your personal information in accordance with the Privacy Policy. Mooch shall not be liable for the privacy of any information published by you on the Site or transmitted by you to any other user, including, without limitation, e-mail addresses, registration and identification information, personal information, confidential or trade-secret information, or any User Content.
Mooch offers peer-to-peer bartering services and other services on this Site (collectively the "Services"), solely for the users' own personal use, and not for the use or benefit of any third party. The Services may include, without limitation, establishing a peer-to-peer market which facilitates trades, sales, and purchases of video games and other products, providing educational, entertainment-related, social networking, commercial, and communications-related content, tools and links, serving as an information exchange among users, and other services. Mooch may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, or content (including any interactive areas), without prior notice or liability.
This Site is intended for use by adult users. The Services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our Services are not available to persons who are under the age of 18 or are temporarily or indefinitely suspended from this Site. Persons under the age requirement are permitted only to browse the pages of this Site that are accessible without registration, but they may not register as users or use the Services. Mooch user accounts, user IDs and passwords are personal to each user and may not be transferred, sold to or used by any other person. Without limiting the foregoing, parents and guardians may not register on behalf of their children or permit children to use their accounts. Any trade on behalf of a child must be effected by the child's parent or guardian. By registering, you certify that you are at least 18 years of age. You are registering as a business entity, the person who completes the registration represents that he or she has the authority to bind the entity to this Agreement.
In order to use the Services, you must become a registered Mooch user by providing your name, mailing address, telephone number and e-mail address, and you must select a unique user ID and a password. You represent that all such information you provide is accurate, complete, and current, and you are responsible for updating your personal information should there be any change. Failure to provide accurate, complete and current information shall constitute a breach of these Terms and Conditions, which may result in immediate termination of your account. Mooch reserves the right to refuse registration of, or to cancel, user IDs in its discretion. You shall be responsible for maintaining the confidentiality of your user ID and password. Mooch, in its discretion, may refuse to permit you to register if your email address or the mailing address you provide has already been registered on the Site, by you or any other user. Details of your account are available on the user account ("My Account") page of the Site. You understand and acknowledge that you are required to provide your mailing address to Mooch as a condition to accessing the Services, and if you use the Site to receive a video game or other product from another user, your name and address will be provided to the other user.
You agree that you may not (i) select or use as a user ID a name of another person with the intent to impersonate that person; or (ii) use as a user ID a name subject to any rights of any other person without appropriate authorization; or (iii) create multiple user IDs within a single household; or (iv) create multiple user IDs in two or more households for the purpose of defrauding Mooch or avoiding adverse action by Mooch with respect to your account.
You are responsible for all of your activity in connection with the Services and in accessing the Site. You acknowledge and agree that the video games and other items you list on the Site and your other activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation; (e) be defamatory, libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that are prohibited by us or those that you do not have a right to include. Mooch reserves the right, but is not obligated, to reject and/or remove any items that Mooch believes, in its sole discretion, violate these provisions. You may identify objectionable items to Mooch, and Mooch may, but is under no obligation to, remove the identified item from the Site. You agree that your use of the Site must comply with all applicable local, state, national, and international laws, and that you will not use the service for any illegal purpose.
Mooch may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Site without notice and liability, if, in Mooch's sole determination, you violate any provision of these Terms and Conditions, including the following prohibited actions; (a) submit fake listings of video games you have or want to get from others; (b) attempt to manipulate point values, such as by flooding the Site with transactions; (c) interfere with or compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site; (d) take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (e) upload invalid data, viruses, worms, or other software agents through the Site; (f) impersonate another person or otherwise misrepresent your affiliation with any person or entity, conduct fraud, provide any information we are unable to verify or authenticate, or hide or attempt to hide your identity; (g) interfere with the proper working of the Site; (h) bypass the measures we may use to prevent or restrict access to the Site; of (i) breach any obligation to ship a video game pursuant to an accepted offer. Upon termination for any reason, you continue to be bound by these Terms and Conditions.
You agree not to use or launch any automated system, including without limitation, Internet bots, spiders, offline readers, etc., that accesses the Site in a manner that sends more request messages to the Mooch servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to use or launch any web site scraper that accesses the Site or otherwise collects or harvests any personally identifiable information, including account names, from the Site, nor use the communication systems provided by the Site for any commercial solicitation purposes.
All trading on this Site is based upon the point values assigned to video games and other products listed on the Site. Point values are dynamically assigned to video games and other products by Mooch's patent-pending algorithm, which factors in market supply and demand, market reference sales, and other information. Point values for video games and other products will fluctuate over time, and any change in point value for a given video game title will affect all current listings for that video game other than offered or accepted trades. You may earn points by registering as a user, trading video games or other products, or earning rewards through the use of the Site. You may also purchase points from Mooch. Points are non-negotiable other than via trades consummated on the Site. Points have no monetary value and are not redeemable.
To initiate a trade, you must list one or more video games that you are willing to trade and one or more video games you wish to get from another user. The Site will then match the games you have and the games you want with the haves and wants of other users, and present to you the possible trades regardless of whether or not they are available at that time. You are aware that not all video games are available via the Service and Mooch does not guarantee any user will receive any video game. You may initiate an offer to consummate any one of the proposed trades, or one or more of the listed users may make an offer to you. Once an offer has been accepted, the offer becomes binding on both users and the users are contractually obligated to exchange their video games. In addition, once an offer is accepted, Mooch will automatically deduct the point differential from the account of the user having the lower point value game and transfer those points to the account of the user having the higher point value game. Mooch will facilitate contact between the two users by providing the necessary contact information. Any contact information of other users that is obtained through Mooch shall be used exclusively for particular trades and for no other purpose. You are specifically prohibited from passing any such contact information on to third parties or using it for any form of advertisement. Every trade should be completed in good time. You agree to mail items that you have undertaken to exchange with another user within the time limits specified by Mooch. Failure to comply with mailing time limits will result in negative user ratings and may result in termination or restriction of your account, at the discretion of Mooch. You agree to take all reasonable precautions to ensure that items mailed to other users arrive in good condition, including, but not limited to, by using padded envelopes recommended by Mooch and affixing proper postage.
You agree not to commit fraud using the Services. Examples of fraud include, but are not limited to, committing to send a video game but not actually sending it, claiming a video game was never received when in fact it was, claiming a video game is lost, broken, incorrect, scratched or otherwise problematic when it is not, and other similar events. You may not use the Site to list, buy, sell, trade or otherwise distribute bootleg, gray-market or other infringing copies of video games or other products. Your access to the Service may be immediately terminated in the event you use the Service for illegal purposes. You are responsible for complying with the manufacturer's requirements set forth in any applicable end user license agreement.
In the event you claim more than three (3) instances of having received a lost, broken, incorrect, scratched or otherwise problematic video game or other item, Mooch may, at its sole and complete discretion, determine that you are not eligible to use the Services, and Mooch may elect not to apply any credit to your account for such lost, broken, incorrect, scratched or otherwise problematic items. In addition to suspending or terminating your account or access to the Site or Services, Mooch may pursue any remedies available at law.
In the event another user reports that you have shipped a lost, broken, incorrect, scratched, counterfeited or otherwise problematic video game or other item, Mooch may, in its sole and absolute discretion, determine that you are not eligible to use the Services and Mooch may elect not to apply any credit to your account for such lost, broken, incorrect, scratched, counterfeited or otherwise problematic item. In addition to suspending or terminating your account or access to the Site or Services, Mooch may pursue any remedies available at law.
Mooch is offering a service on the Site where goods and services can be traded. With every trade a contract is made directly between the two trading users. Mooch does not participate in any form in the contract. Mooch is simply providing the technical platform that makes the trading possible. The fulfillment of a contract will be carried out exclusively by the users involved.
You are responsible for the cost of shipping your video game to the other user with whom you have agreed to trade. You are encouraged to use the mailers available for purchase on the Site, which enable both parties to track shipment and delivery.
When you list a video game you must provide all information required by Mooch in connection with such listing. Once you have agreed to a trade, you must provide all information required for the other user to fully utilize the video game for its intended purposes, including, without limitation, passwords, license numbers, registration codes, and other necessary information as may be applicable. All listing information and all product information shall be complete and correct, and shall not omit any information about the video game necessary for its use. You agree to take all appropriate further actions to complete the trades promptly and to recipient's full satisfaction. If the Site does not provide adequate facilities or features for you to provide all relevant listing information or product information, then you may not use the Site to list or exchange such video game.
You represent and warrant, with respect to each video game you trade, that you have all authority, and all the right, title, and interest in the video game necessary to enter into and perform the trade.
Unless you and other user explicitly and mutually agree otherwise, the recipient user shall become the lawful owner of the video game upon physical receipt of the video game from the transferor, in accordance with the Uniform Commercial Code-Sales § 11-2-401(2) and other state counterparts of Uniform Commercial Code § 2-401(2), as may be applicable.
You acknowledge that Mooch does not have legal ownership of any of the video games and other items listed on the Site, cannot transfer title thereto, is not a party to the transaction between users, and can make no representations whatsoever concerning the quality, safety or legality of any such item, the truth or accuracy of any item listing, or the ability or willingness of any user to complete any transaction. Complaints about any user should be made to Mooch through the appropriate link on the Site.
Mooch may offer a free trial, promotions or other incentives from time to time. These offers may be available for a limited time period. At the end of any free trial, promotion or incentive you will begin to be billed automatically unless you cancel as required by Mooch.
There is no fee for posting video games or other items in Mooch listings or for requesting trades. Some Mooch Services require payment of fees. You hereby agree to pay all applicable fees, as described on the Site, in connection with such Services you select. You also hereby authorize Mooch automatically to charge your credit card account for any and all fees you incur in using the Site or Services, without the need to provide any further notice to you of the fees so incurred. Mooch reserves the right to change its price list and to institute new charges at any time. Your use of the Services following such changes constitutes your acceptance of any new or increased charges. You acknowledge that all payments for Services offered by Mooch are managed by an online payment platform serviced by Paypal or another third party payment provider. You must enter your credit card information directly on the online payment provider's secure website. Mooch does not collect credit card information and is not permitted to access this information during payment. You agree that Mooch shall not be liable in the event of error, fraud, identity theft, or other problems with credit card processing or online payment processing.
You may not post on this Site any links to any external sites. This Site may not be used by you for any commercial purpose, to distribute any advertising or solicitation of funds or goods and services or to solicit users to join competitive online services. Subject to the limitations specified in this Section, Mooch grants you a non-exclusive, non-assignable royalty-free license to use Mooch and Mooch.com marks solely for the purpose of providing an underlined, hypertext link from your web site to Mooch home page (URL http://www.Mooch.com). You agree that you will not, without the express prior written consent of Mooch: (1) deep link to any page that is one or more layers beyond the Mooch home page, (2) publish links to any page on the Service other than the Mooch home page, or (3) frame all or any portion of the Site.
The Site may provide links and pointers to Internet sites maintained by others. Mooch is not responsible for the availability of any other site to which this Site links, nor does Mooch endorse or take responsibility for the content, advertising, products or other materials made available through any other site. Under no circumstances shall Mooch be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. Any concerns regarding another web site should be directed to that site's administrator or webmaster.
Mooch may enable the Site to permit you to submit, post, or upload images, photos, text, messages, or any other visual, audio or other content on the Site. By submitting, posting, emailing, transmitting, or otherwise making available any of the foregoing (collectively "User Content"), you expressly grant Mooch a royalty-free, sublicensable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, edit, translate, distribute, perform, display, and make derivative works of such User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed. All User Content is deemed non-confidential, and Mooch shall be under no obligation to maintain the confidentiality of any User Content, in whatever form. By submitting User Content to the Site, you give (or warrant that the owner of such rights has expressly granted) Mooch and/or relevant affiliated companies the nonexclusive right to use your User Content, in its original or edited form, in any medium now known or later developed. You also warrant that any "moral rights" in posted User Content have been waived. You are not entitled to any compensation for such use.
Mooch is not responsible for User Content appearing anywhere on the Site, including message boards, chat rooms, or any other service on the Site, except for material signed by an identified representative Mooch or relevant affiliated companies. Mooch is not responsible for screening User Content for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. We do, however, retain the right to modify or remove User Content that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, stale, a violation of any term or condition, or otherwise unacceptable.
Except for User Content and any copyrights, trademarks, logos and trade dress associated with the video games and other items listed on the Site, the Site and all materials therein, including, without limitation, software, images, text, graphics, illustrations, logos, trademarks, service marks, copyrights, photographs, audio, videos, technology, methods, and processes, and all associated Intellectual Property Rights (as defined below) related thereto, are the exclusive property of Mooch and its licensors. Except as expressly authorized by Mooch, you agree not to modify, rent, distribute, lease, loan, sell, or exploit for any commercial purpose any portion of the Site or the Service, use of the Service, or access to the Service, and not to create derivative works based on the Service, in whole or in part.
For the purposes of these Terms and Conditions, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
Mooch, and Mooch.com are service marks of Mooch, LLC. All rights are reserved. All brands, logos, and product names are trademarks or registered trademarks of their respective holders.
In the absence of an express written agreement between you and an authorized Mooch employee, any suggestion, material, information or idea about the Site that you transmit to Mooch by any means may be disseminated or used by Mooch or its affiliates without compensation or liability to you for any purpose whatsoever.
Mooch abides by the federal Digital Millennium Copyright Act (DMCA) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of our response, we may remove or disable access to video games or other material residing on the Site that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter notification, also in accordance with the DMCA. In some instances, we may terminate the registration of any user who is responsible for repeated acts of copyright infringement.
Before serving either a Notice of Infringing Material or Counter-Notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with our rights and obligations under the DMCA and, in particular, section 512(c), and do not constitute legal advice.
Notice of Infringing Material
To file a notice of infringing material on the Site, please provide a notification containing the following details: (1) reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL); (2) reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material); (3) your contact information so that we can contact you (for example, your address, telephone number, email address); (4) a statement that you have a good faith belief that the use of the material identified in (2) is not authorized by the copyright owner, its agent, or the law; (5) a statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and (6) your physical or electronic signature.
Then send this notice to:
| By Mail: Mooch, LLC address |
By Fax: | By Email |
Counter-Notification
If a video game or other material that you have posted to the Site has been taken down, you may file a counter-notification that contains the following details: (1) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled; (2) a statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question; (3) your name, address and telephone number; (4) a statement that you consent to the jurisdiction of the Federal District Court for judicial district in which your address is located or, if your address is outside of the USA, for any judicial district in which Mooch may be found and that you will accept service of process from the person who submitted a notice in compliance with the section (c)(1)(C) of the DMCA, as generally described above; and (5) your physical or electronic signature.
Then send this notice to the address set forth above.
THE SERVICES AND MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. Neither Mooch nor any of its affiliated companies nor any of its or their respective licensors or suppliers warrant that any functions contained in the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components. Neither Mooch nor any of its affiliated companies nor any of its or their respective licensors or suppliers warrant or make any representations regarding the use or the results of the use of the Site in terms of its correctness, accuracy, reliability, or otherwise. Any content downloaded or otherwise obtained through the service is downloaded and used at your sole discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download or use of any such content.
WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY VIDEO GAMES OR OTHER PRODUCTS OFFERED BY USERS ON THIS SITE. Mooch is not a party to, and does not monitor, any transaction between users and/or third party providers of products, services, or advice. We do not guarantee, warrant, or make any claim as to the truthfulness of any user submission. You hereby release Mooch, its officers, directors, employees, agents, subsidiaries, joint venturers, and other related parties from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any disputes between you and any other user relating to any exchange of video games or other products. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
YOU UNDERSTAND AND AGREE THAT MOOCH SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MOOCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE SERVICE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY SERVICES OBTAINED THROUGH OR FROM THE SERVICE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (5) ANY OTHER MATTER RELATING TO THE SITE OR THE SERVICE. UNDER NO CIRCUMSTANCES WILL MOOCH BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SITE, YOUR ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.
MOOCH ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE; AND/OR (7) USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
IN ANY EVENT, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY LIABILITY RELATING TO OR ARISING OUT OF THE SITE OR THESE TERMS, REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT, SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SITE AND TERMINATE THESE TERMS.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF MOOCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
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.
YOU AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND, AND HOLD HARMLESS MOOCH, ITS EMPLOYEES, AGENTS, AND REPRESENTATIVES AGAINST CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING BROUGHT AGAINST MOOCH, ITS EMPLOYEES, AGENTS, AND REPRESENTATIVES TO THE EXTENT SAID CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING ARISES OUT OF, OR IS RELATED TO YOUR CONTENT, YOUR USE OF OR CONNECTION TO THE SERVICE, YOUR VIOLATION OF THIS TERMS AND CONDITIONS, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. WITHOUT LIMITATION TO THE FOREGOING, THE INDEMNIFICATION AGREEMENT HEREUNDER EXTENDS TO, AMONG OTHER THINGS, ANY CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING ARISING OUT OF: (1) YOUR ACCESS OR USE OF THE SERVICE; (2) ACCESS OR USE OF THE SERVICE BY SOMEONE ELSE USING YOUR COMPUTER OR USER ID; (3) A VIOLATION OF THE TERMS AND CONDITIONS BY YOU OR ANYONE USING YOUR COMPUTER OR USER ID. THIS INDEMNIFICATION AGREEMENT APPLIES TO ANY CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING THAT IS DIRECTLY OR INDIRECTLY RELATED TO THE SERVICE, INCLUDING BY WAY OF ILLUSTRATION A CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING THAT YOUR TRANSACTIONS USING THE SITE OR YOUR USE OR ACCESS OR ANOTHER PERSON'S USE OR ACCESS OF YOUR COMPUTER OR USER ID INFRINGES ANY COPYRIGHT, TRADEMARK, SERVICE MARK, PATENT, TRADE SECRET, RIGHT OF PUBLICITY, OR OTHER PROPRIETARY RIGHT UNDER ANY U.S., INTERNATIONAL, FOREIGN, OR STATE LAW. AS ANOTHER EXAMPLE, WHICH IS NOT TO BE CONSTRUED AS LIMITING THE SCOPE OF THE INDEMNIFICATION PROVISION, THIS INDEMNIFICATION AGREEMENT APPLIES TO ANY CLAIM, SUIT, OR ACTION WHERE YOUR USE OR ACCESS TO THE SERVICE IS IN ANY WAY DEFAMATORY, SLANDEROUS, LIBELOUS, OR OTHERWISE INJURIOUS TO A THIRD PARTY. YOU AGREE TO PAY ANY AND ALL COSTS, DAMAGES AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY'S FEES AND COSTS AWARDED OR INCURRED BY OR IN CONNECTION WITH ANY SUCH CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING.
Any controversy or claim arising out of or relating to these Terms and Conditions, or the breach thereof, other than a controversy or claim relating to the validity of intellectual property rights, shall be settled by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall take place in Atlanta, Georgia. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, the parties may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, without breach of this Agreement and without any abridgment of the powers of the arbitrator(s)
MOOCH MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB-SITE LINKED TO THE SITE. Mooch reserves the right to monitor transmissions over its network for maintenance, service quality assurance, or any other purpose permitted by the Electronic Communications Privacy Act. You hereby expressly consent to such monitoring.
You agree that Mooch may, in its sole and absolute discretion and without notice or liability to you or any third party, immediately terminate your access to the Service, and remove or discard from the Service any listings and/or user Content associated with your account. Grounds for such termination may include, but not be limited to, (a) extended periods of inactivity, (b) violating or acting inconsistently with the letter or spirit of these Terms and Conditions, (c) discontinuance or material modification of the Service, or (d) requests by law enforcement or other government agencies. Mooch may also in its sole discretion and at any time, discontinue providing this Site and/or the Service, or any part thereof, with or without notice. Any fees paid by you are non-refundable.
No agency, joint venture, partnership, employee-employer or other relationship is intended or created by these Terms and Conditions.
These Terms and Conditions shall be governed in all respects by the laws of the State of Georgia and the federal laws of the United States. Mooch controls and operates this Site from our offices in the United States of America. Mooch does not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Mooch without restriction. You agree that, except as otherwise expressly provided in this Terms and Conditions, there shall be no third party beneficiaries to this agreement. You agree that your Mooch.com User Name is non-transferable and any rights to your account or content terminate upon your death or termination of your membership.
If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.