Terms of use

1. Governing Agreement

The terms of this agreement ("Terms of Service" or “Terms”) govern the relationship between you and Mention Mobile LLC (hereinafter " Mention Mobile " or "Us" or "We") regarding your use of Mention Mobile’s games and related services, which include applications for mobile devices and Mention Mobile websites (the "Service"). This Agreement may be modified at any time by Mention Mobile upon posting of the modified agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at www.mentionmobile.com. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.




2. Privacy Policy

Use of the Service is also governed by Mention Mobile’s Privacy Policy, which is incorporated herein by reference. By creating an account or accessing or using the Service you accept and agree to be bound by these Terms of Service and consent to the collection, use and storage of your information as outlined in Mention Mobile’s Privacy Policy.




3. Ownership

All content including but not limited to the games, accounts, virtual items, and user content is the property of Mention Mobile and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this site.




4. Grant of a Limited License to Use the Service

Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Mention Mobile policies, Mention Mobile grants you a non-exclusive, non- transferable, revocable limited license to use the Service solely for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.




5. Accessing the Service

By accessing or using the Service, you accept and agree to these Terms of Service and the Mention Mobile Privacy Policy. You may also be required to register an account on the Service (an "Account"), have a valid account on the social networking service ("SNS") through which you connect to the Service, if any, or have an account with the applications provider for your mobile device. You warrant that you are not prohibited from receiving products of U.S. origin, including services or software. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms. You shall not create an Account or access the Service if you are under the age of 13.
You must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile device that is suitable to connect with and use the Service, in cases where the Service offers a mobile component.
You are responsible for any fees, including internet connection or mobile fees that you incur when accessing the Service.




6. Use of the Service

You shall use your Account only for non-commercial purposes. You shall not use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e- mail or repetitive messages (spim and spam) to anyone.
The use of the Service is at the discretion of Mention Mobile and Mention Mobile may terminate your use of the Service at any time and in its sole discretion.




7. Compliance with Laws

You agree to comply with all applicable laws regarding your use of the Service. You further agree that information provided by you is truthful and accurate to the best of your knowledge.




8. Indemnification

You agree to indemnify, defend and hold Mention Mobile and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Service.
You agree that the provisions in this paragraph will survive any termination of your Account(s) or of the Service.




9. License Limitations

ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE INCLUDING UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY MENTION MOBILE GAME IS A VIOLATION OF MENTION MOBILE POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
WITHOUT LIMITING ANY OTHER REMEDIES, MENTION MOBILE MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR MENTION MOBILE SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND MENTION MOBILE IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
Mention Mobile reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time either permanently or temporarily. In such event, Mention Mobile shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Service.




10. Fees and Purchase Terms

In the Service you may purchase, with "real world" money, a license to use Virtual Items and or other goods or services. You may also obtain a license to use Virtual Items by redeeming third party virtual currency, such as Facebook Credits.
PURCHASES OR REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY TO ACQUIRE A LICENSE TO USE VIRTUAL ITEMS ARE NON-REFUNDABLE.
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. YOU ACKNOWLEDGE THAT MENTION MOBILE IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.




11. Updates to the Service

Mention Mobile may require that you accept updates to the Service and to Mention Mobile’s games you have installed on your computer or mobile device. You acknowledge and agree that Mention Mobile may update the Service with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play Mention Mobile’s Games.




12. Disclaimers / Limitations / Waivers / Indemnification

YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).
WITHOUT LIMITING THE FOREGOING, NEITHER MENTION MOBILE NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, "MENTION MOBILE PARTIES") WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.




13. Limitations / Waivers of Liability

UNDER NO CIRCUMSTANCES WILL MENTION MOBILE BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF MENTION MOBILE.




14. Use of Information

Mention Mobile reserves the right, and you authorize us, to use and assign all information provided by you in any manner consistent with our Privacy Policy.




15. Copyrights and Copyright Agent

It is Mention Mobile’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site is Alex Jefferies, who can be reached as follows:
alexj@mentionmobile.com




16. Applicable Law

You agree that the laws of the state of California, without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and Mention Mobile or its affiliates.




17. Severability.

If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.




18. Termination

Mention Mobile may terminate this Agreement at any time, with or without notice, for any reason.




19. Assignment

Mention Mobile may assign or delegate these Terms of Service and/or the Mention Mobile Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without Mention Mobile’s prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.




20. Entire Agreement

These Terms of Service, any supplemental policies and any documents expressly incorporated by reference herein (including Mention Mobile’s Privacy Policy), contain the entire understanding of you and Mention Mobile, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and Us with respect to the Service.




21. No Waiver

The failure of Mention Mobile to require or enforce strict performance by you of any provision of these Terms of Service or the Mention Mobile Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Mention Mobile’s right to assert or rely upon any such provision or right in that or any other instance.
The express waiver by Mention Mobile of any provision, condition, or requirement of these Terms of Service or the Mention Mobile Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Mention Mobile shall be deemed a modification of these Terms of Service nor be legally binding.




22. Dispute Resolution

22.1. General
If a dispute arises between you and Mention Mobile, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. We strongly encourage you to first contact Us directly to seek a resolution by going to Customer Support.





22.2. Law and Forum for Legal Disputes
These Terms of Service and any dispute arising out of or related to it or the Service shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Mention Mobile must be resolved exclusively by a state or federal court located in Los Angeles County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California for the purpose of litigating all such claims or disputes.





22.3. Arbitration Option
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.





23. Contact Information

HOW TO CONTACT US:
Alex Jeffereis
7223 Beverly #201 Los Angeles 90036
alexj@mentionmobile.com