Of course, they have the right, definitely. Maybe you all should just take a look at Goxs business conditions:
To the extent permitted by law, Mt. Gox will not be held liable for any damages, loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, indirect or consequential loss unless the loss suffered is caused by a breach of these Terms by Mt. Gox.
That won't help Mt. Gox. The
Japan Consumer Contract Act voids such clauses:Section 2 Nullity of Consumer Contract Clauses
Article 8 (Nullity of Clauses which Exempt a Business Operator from Liability for Damages)
(1) The following clauses of a consumer contract are void.
(i) Clauses which totally exclude a business operator from liability to compensate damages to a consumer arising from the business operator 's default.
(ii) Clauses which partially exclude a business operator from liability to compensate damages to a consumer arising from the business operator 's default (such default shall be limited to cases where same arises due to the intentional act or gross negligence on the part of the business operator, the business operator's representative or employee).
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Read the full text at the link. Japan law doesn't allow clauses like the one Mt. Gox uses.
Note another term in the Mt. Gox agreement:
Mt. Gox represents and warrants that:
...
it will hold all monetary sums and all Bitcoins deposited by each Member in its Account, in that Member's name as registered in their Account details, and on such Member's behalf.
That's an obligation to segregate customer assets from Mt. Gox's own assets. It's also a requirement of the Japan Payment Services Act, which is enforced by the
Japan Financial Services Agency. So Mt. Gox cannot get off the hook with some disclaimer in their terms of service.