SAKI MEMBER TERMS OF USE

Welcome. Saki is a new online and mobile service provided by Digital Standard, Inc (DSI) which allows you to stay connected with your friends and gives you tons of very useful content including 3rd party branded content in a very easy to use and entertaining format. While Saki is very easy to use, like any other responsible entity, we have created these terms for all members to abide by, aimed at keeping the service free from offensive, harmful and illegal use.

Features, content, applications, products and/or services provided on Saki are accessible over the Web at MySaki.com or on mobile devices such as Saki Mobile or Saki Lite or as a private label Powered by Saki service offered by a partner or licensor using Saki under a 3rd party brand name. Features, content, applications, products and/or services (including, but not limited to text, graphics, news articles, applications, photographs, images, illustrations, audio clips and video clips, also known as the "Content") that you may receive on Saki are referred to as "Saki™ Mobile Services". This Saki Member Terms of Use (the "Terms of Use") apply to Saki Mobile Services.

BY ACCESSING, BROWSING, VISITING OR OTHERWISE USING THE SAKI MOBILE SERVICES, YOU AGREE TO THE SAKI MEMBER TERMS OF USE IN ITS ENTIRETY; IF YOU DO NOT AGREE, PLEASE DO NOT USE SAKI MOBILE SERVICES.

DSI reserves the right to change or update the Saki Member Terms of Use at any time without notice to you. The most current version of the Saki Member Terms of Use can be reviewed by clicking on the "Saki Terms of Use" hypertext link located at MySaki.com or any 3rd party branded Powered by Saki website through which you visited or accessed Saki Mobile Services. It is your responsibility to check these Saki Member Terms of Use periodically for changes. Your continued use of Saki Mobile Services following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Saki Member Terms of Use, DSI grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use Saki Mobile Services.

Content: DSI will operate the Saki Mobile Services to deliver Content and other products, goods, services, promotions of advertisers or sponsors to you. DSI does not endorse the Content and other products, goods, services, promotions of advertisers or sponsors or other communications delivered to you through the Saki Mobile Services. DSI and its licensors shall have no liability, obligation or responsibility for any such Content (including the quality, accuracy or timeliness of such Content) or other products, goods, services, promotions of advertisers or sponsors or other communications delivered to you through the Saki Mobile Services.

User Content: Please choose carefully the information you post on Saki Mobile Services and that you provide to other users such as content, messages, photos or profiles (collectively, 'User Content'). You are solely responsible for the content that you post on or through Saki Mobile Services, and any material or information that you transmit to other members and for your interactions with other users. DSI does not endorse and has no control over the content. Content is not necessarily reviewed by DSI prior to posting and does not necessarily reflect the opinions or policies of DSI. DSI makes no warranties, express or implied, as to the content or to the accuracy and reliability of the content or any material or information that you transmit to other members. Your Saki Mobile Service profile may not include any of the following items: any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Saki Mobile Service Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and DSI assumes no responsibility or liability for this material. If you become aware of misuse of the Saki Mobile Services by any person, please contact DSI. DSI reserves the right in its sole discretion to terminate your access to Saki Mobile Services at any time and for any or no reason as well as reject, refuse to post or remove any posting (including private messages) by you, or to restrict, or suspend your access to all or any part of Saki Mobile Services at any time, for any or no reason, with or without prior notice, and without liability.

Premium Content: DSI may make available certain premium Content (‘Premium Content’) for a one-time or recurring fee. Purchase of any such Premium Content will be at your option and discretion. If you purchase these Premium Content or products such as applications, widgets, instant messaging avatars, themes, games, or other products available for an additional charge, DSI will send the product directly to you. Refunds are not available for any such Premium Content purchased. If DSI terminates your subscription because you have breached this Agreement, you shall not be entitled to the refund of any used or unusable portion of any Premium Content fees. Additional terms and conditions may apply to these purchases all of which terms are made a part of these Saki Member Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between this Saki Member Terms of Use and the terms posted for any such Premium Content, the latter terms shall control. DSI’s obligations, if any, with regard to Premium Content are governed solely by the agreements pursuant to which they are provided, and nothing on Saki Mobile Services should be construed to alter such agreements. DSI may make changes to any Premium Content or products or services offered on Saki Mobile Services, or to the applicable prices for any such Premium Content or products or services, at any time, without notice. Certain information on Saki Mobile Services with respect to Premium Content or products and services may be out of date, and DSI makes no commitment to update the materials on Saki Mobile Services or any other place with respect to such products and services.

All Third-Party Content: DSI is a distributor (and not a publisher) of all content supplied by third-parties, subscribers and users of Saki Mobile Services including Content, User Content and Premium Content. DSI does not endorse any sites or Content (including User Content) accessible through the Saki Mobile Services or that are linked through the Saki software. DSI provides these links to you only as a matter of convenience, and in no event shall DSI or its licensors be responsible for any Content, products, or other materials on or available from such sites or applications. DSI has no editorial control over such content and DSI is only a delivery service similar to a telephone carrier, public library, bookstore or newsstand. Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties, including information providers, subscribers or any other user of the Saki Mobile Services, are those of the respective author(s) or distributor(s) and not of DSI. Neither DSI nor any third-party provider of information guarantees the accuracy, completeness, usefulness or timeliness of any content, nor its merchantability or fitness for any particular purpose. You acknowledge that your ability to opt out of receiving certain Content will be limited to specified Content for which an opt out election is provided by DSI. You agree that DSI shall have no responsibility or liability for any Content (including User Content), including any SPAM, advertisements, solicitations posted by any other subscriber or user of Saki Mobile Services nor shall DSI have any obligation or liability to any user of Saki Mobile Services for the posting or removal of any Content (including User Content).

Eligibility: Use of and membership in Saki Mobile Services is void where prohibited. By using Saki Mobile Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the Saki Mobile does not violate any applicable law or regulation. Your profile may be deleted and your membership may be terminated without warning, if we believe that you are under 14 years of age. PLEASE NOTE THAT SAKI MOBILE SERVICES ALLOWS YOU TO SET SECURITY CONTROLS ALLOWING YOU TO RESTRICT CERTAIN INFORMATION ABOUT YOU TO OTHER USERS THROUGHOUT THE SYSTEM INCLUDING NAME, ADDRESS AND LOCATION. PLEASE EXERCISE UTMOST CARE IN SETTING THESE CONTROLS SO AS TO AVOID DISCLOSING ANY PERSONAL INFORMATION ABOUT YOURSELF TO ANYONE BEYOND YOUR IMMEDIATE FRIENDS OR ANYONE YOU DO NOT WISH TO.

Non-Transferable License: DSI grants you a personal, non-exclusive, non-transferable license to use Saki Mobile Services solely for your own use. All rights not expressly granted herein by DSI to you are reserved by DSI and/or its licensors. DSI grants you this limited license to access and make personal use of Saki Mobile Services and not to download or modify it, or any portion of it, except with written consent of DSI. The license does not include any resale or commercial use of Saki Mobile Services or it’s Content.

Fees: You acknowledge that DSI reserves the right to charge for the Saki Mobile Services and to change its fees from time to time in its sole discretion. If DSI terminates your membership because you have breached the Agreement, you shall not be entitled to the refund of any portion of subscription fees. Furthermore, some of the features of Saki Mobile Services may require payment of fees. You shall pay all applicable fees in connection with such features selected by you. If you purchase such features or services, you hereby authorize DSI to collect fees for each transaction using the method you authorize immediately upon conclusion of each transaction regardless of quality or completeness. Any fees paid hereunder are non-refundable. You authorize DSI, directly or through third parties, to make any inquiries we consider necessary to validate your account and/or listing information. Based on account use and other factors identified by DSI from time to time in its sole discretion, DSI may require verification of your credit, identity and/or other background information in order for you to continue using Saki Mobile Services. In such event, you agree to provide DSI with additional information requested, and you consent to DSI's disclosure of your personal information to third party service providers in order to verify your credit, identity and/or other background information. You authorize DSI to obtain a consumer credit report from consumer credit reporting agencies and to verify your identification.

Proprietary Rights: Saki Mobile Services is the property of DSI, its partners and its Content suppliers, and is protected by trade dress, copyright, patent and trademark and various other intellectual property and unfair competition laws. The compilations of all Content on Saki Mobile Services including, but not limited to, the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on Saki Mobile Services is the exclusive property of DSI and its partners and is protected by U.S. and international copyright laws. All Saki software used on Saki Mobile Services is the property of DSI or its software suppliers and is protected by U.S. and international copyright, patent and various other intellectual property and unfair competition laws. Except as expressly provided in these Terms of Use, no part of Saki Mobile Services and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without DSI’s express prior written consent. You may use information on Saki Mobile Services purposely made available by DSI provided that you: not remove any proprietary notice language in all copies of such material; use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; make no modifications to any such information; and not make any additional representations or warranties relating to such material.

Trademarks and Patents: Saki, Saki Mobile, MySaki and Saki Lite and other marks indicated on Saki Mobile Services are trademarks of DSI. All logos, page headers, button icons, scripts are trademarks or trade dress of DSI. DSI trademarks and trade dress may not be used in connection with any product or service that is not DSI’s, in any manner that is likely to cause confusion or in any manner that disparages or discredits DSI. All other trademarks not owned by DSI that appear on Saki Mobile Services are the property of their respective owners, who may not be affiliated with, connected to, or sponsored by DSI. One or more patent applications filed in the U.S. Patent & Trademark Office apply to Saki Mobile Services and to the features and services accessible via Saki Mobile Services.

Restrictions: You are permitted to store, manipulate, analyze, reformat, print and display Content contained on, or accessible from Saki Mobile Services only for your own use. Unauthorized use, resale or commercial exploitation of the Saki Mobile Services and/or Content contained on, or accessible from, Saki Mobile Services in any way is expressly prohibited. You shall not copy, license, sell, transfer, make available, distribute, or assign this Agreement or the Content contained on, or accessible from, Saki Mobile Services to any third-party. You shall not create Internet links to Saki Mobile Services, or frame or mirror any Content contained on, or accessible from Saki Mobile Services on any other server or Internet-based device. You may download copyrighted material for your use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of DSI and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You shall not upload, post or otherwise make available on the Saki Mobile Services any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights or other harm resulting from such a submission.

Use; Storage Limitation; Monitoring: DSI reserves the right to establish or modify general practices and limits concerning use of Saki Mobile Services, including without limitation the maximum number of days that Content will be retained by the Saki Mobile Services and the maximum disk space that will be allotted on DSI storage devices on your behalf. DSI shall have the right, but not the obligation, to monitor the content of Saki Mobile Services, including chat rooms, reviews and forums, to determine compliance with this Agreement and any operating rules established by DSI and to satisfy any law, regulation or authorized government request. DSI shall have the right, in its sole discretion, to edit, refuse to post or remove any material submitted to or posted on Saki Mobile Services. Without limiting the foregoing, DSI shall have the right to remove any material that DSI, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

Third Party Access Costs: The use of Saki Mobile Services requires a computer, a phone as well as a connection to the Internet. You are solely responsible for the costs of such equipment and the necessary Internet connections. Similarly, if you are using Saki Mobile or Saki Lite, your carrier, such as a wireless carrier, may charge fees for airtime use or data plans to connect to the Internet. These plans vary depending upon your location and DSI is not responsible for the payment of any such services. These charges are your sole responsibility.

Notifications of Changes and Upgrades: You agree to receive e-mails or other messages from DSI to inform you of account changes, upgrades, new products and services, service announcements or other offers. If you do not want to receive these notifications, you may cancel the subscription at any time in accordance with this Agreement.

User Conduct: You understand and agree that DSI may review and delete any User Content that in the sole judgment of DSI violate this Agreement or which may be offensive, illegal or violate the rights, harm or threaten the safety of anyone. You are solely responsible for the User Content that you publish or display (hereinafter, 'post') using the Saki Mobile Services or any material or information that you transmit to other users of the Saki Mobile Services. By posting any User Content, you hereby grant to DSI the non-exclusive, fully paid, worldwide license to use, publicly perform and display such User Content using the Saki Mobile Services. This license will terminate at the time you remove such User Content. You represent and warrant that: (i) you own the User Content posted by you through the Saki Mobile Services or otherwise have the right to grant the license set forth in this section; and (ii) your User Content does not violate the privacy rights, publicity rights, copyright rights or other intellectual property rights of any person. You agree to pay for all royalties and fees owing any person by reason of any User Content you post through the Saki Mobile Services. DSI reserves the right to investigate and take appropriate legal action, in its sole discretion, against anyone who violates this provision, including, without limitation, removing the offending communication from the Saki Mobile Services and terminating the subscription of such violators. You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with the Saki Mobile Services. You agree not to use the Saki software, the Saki Mobile Services, or information from the Saki Mobile Services to: (a) send unsolicited or unauthorized e-mail, instant messages, advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (b) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (c) transmit through or post on the Saki Mobile Services unlawful, immoral, libelous, abusive, harassing, tortuous, defamatory, threatening, harmful, invasive of another’s privacy, vulgar, obscene or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; (d) transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademarks, copyrights, patents or right of publicity; (e) transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs or cancelbots; (f) interfere with or disrupt the integrity of any data or computer-based information or any servers or networks connected to the Saki Mobile Services or violate the regulations, policies or procedures of such networks; (g) attempt to gain unauthorized access to the Saki Mobile Services, other accounts, computer systems or networks connected to the Saki Mobile Services, through password mining or any other means; (h) harass or interfere with another user’s use and enjoyment of the Saki Mobile Services or otherwise post any other prohibited User Content. A partial list of prohibited User Content includes User Content that: (a) is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) harasses or advocates harassment of another person; (c) involves the transmission of 'junk mail,' 'chain letters,' or unsolicited mass mailing or 'spamming'; (d) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (e) promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; (f) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); (g) provides material that exploits people under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under eighteen (18); (h) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; (i) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or (j) involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.

In order to protect our users from prohibited advertising or solicitation, DSI reserves the right to restrict the number of e-mails or messages which a user may send to other users in any 24-hour period to a number which DSI deems appropriate in its sole discretion. You may not attempt to impersonate another user or person. You may not use the account, username or password of another user at any time nor may you disclose your password to any third-party or permit any third-party to access your account.

Member disputes: You are solely responsible for your interactions with other members using Saki Mobile Services. DSI reserves the right, but has no obligation, to monitor disputes between you and other members. If you have a dispute with another member or suffer any harm arising out of or connected with any features of Saki Mobile Services, you shall and hereby do release, and waive all claims against, DSI (and its employees, officers, shareholders, suppliers and agents) from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any Saki Mobile Services or with regard to such disputes.

Third-Party Interaction: You may enter into correspondence with, purchase goods and/or services from, or participate in contests, give-aways, sweepstakes or other promotions of advertisers or sponsors showing their goods and/or services through Saki Mobile Services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. DSI and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchases, contests, give-aways, sweepstakes, promotions or agreements between you and any such third-party.

Use of Information and Privacy: You agree that DSI and its affiliates may use information collected from you to improve its products or to provide customized services or technologies to you. DSI may also use the information on an aggregate basis to improve its services and such aggregate information may be disclosed to advertisers and business partners. DSI will not sell or rent your personal information to third parties for marketing, solicitation or other commercial purposes as provided in DSI’s Privacy Policy. In addition, your confidential information such as credit card number that you provide through the Saki Mobile Services is encrypted. DSI may disclose such information to law enforcement or other parties, if required by law, as described in our Privacy Policy. As indicated in the Privacy Policy, DSI uses information files ('Cookies') stored in your Saki Device. Although you may change your browser settings to disable the Cookies, the Cookies must be enabled to make a purchase at any of the websites operated by DSI (the 'DSI Websites'). You agree to refer to the DSI Websites for the full description of DSI’s Privacy Policy which may be revised by DSI from time to time.

Content Rights: DSI reserves the right to withhold, remove and/or discard any Content (including User Content) stored in DSI Storage Devices for any reason, including, without limitation, non-payment for the purchase of any Premium Content, if applicable. Upon termination, your right to access or use Content immediately ceases, and DSI shall have no obligation to maintain any Content in DSI Storage Devices or forward any Content to you or any third-party.

User Responsibilities: You are solely responsible for any and all activities that occur under your account (including any sub-accounts) and ensuring that you exit or log-off from your account at the end of each session of use. PLEASE NOTE THAT SAKI MOBILE SERVICES ALLOWS YOU TO SET SECURITY CONTROLS ALLOWING YOU TO RESTRICT CERTAIN INFORMATION ABOUT YOU TO OTHER USERS THROUGHOUT THE SYSTEM INCLUDING NAME, ADDRESS AND LOCATION. PLEASE EXERCISE UTMOST CARE IN SETTING THESE CONTROLS SO AS TO AVOID DISCLOSING ANY PERSONAL INFORMATION ABOUT YOURSELF TO ANYONE BEYOND YOUR IMMEDIATE FRIENDS OR ANYONE YOU DO NOT WISH TO. You are solely responsible for keeping your password and other account information confidential. You shall notify DSI immediately of any unauthorized use of your password or account or any breach of security that is known or suspected by you. You shall use your best effort to stop immediately any copying or distribution of Content or the Saki software, or any parts thereof, that is known or suspected by you. DSI or its licensors shall not be responsible for: (a) any unauthorized access to, or alteration of, your transmissions or data, or any material information or data sent or received, regardless of whether the data is actually received by DSI; (b) any financial, commercial, business, personal or other transactions entered through the Saki Mobile Services; or (c) any failure by you to abide by this Agreement.

Account Information: DSI will not disclose any information to any third-party regarding you or your account, including any Content without your prior permission except in accordance with this Agreement or as may be required by law. Please be aware that DSI does provide certain user registration and statistical information such as usage or user traffic patterns in aggregate form to third parties, but such information will not include personally identifying information and information identifying you will not be transmitted with messages sent using the Saki Mobile Services. DSI may access your account to respond to service or technical problems or as stated in this Agreement. DSI shall not be responsible or liable for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of any Content (including User Content), nor shall DSI be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Content.

Reservation of Rights and Ownership: DSI reserves all rights not expressly granted to you in this Agreement. The Saki software and the Saki Mobile Services are protected by intellectual property laws and treaties. DSI owns all rights, title, copyright and other intellectual property rights including, without limitation, trademarks, trade names, service marks, logos, trade secrets and patents in the Saki software and the Saki Mobile Services. DSI, its licensors or content providers (‘Content Provider’) own all rights, title and interest including all intellectual property rights including without limitation, trademarks, trade names, service marks, logos, copyrights, trade secrets, and patents, in and to Content including without limitation, documentation, stories, articles, text, data, applications, software, code, images, graphics, video, audio and other multi media data and to all intellectual property provided to you through the Saki Mobile Services under this Agreement. You may not reverse engineer, decompile, or disassemble the Saki software.

Termination: You may cancel your subscription by contacting DSI directly at the phone number listed. All cancellations will become effective immediately following your cancellation request and will not be prorated in the case of a Premium Content purchased for a recurring fee. DSI may terminate your subscription for any reason at any time without notice. Even after your subscription is terminated, this Agreement will remain in effect with respect to all rights of DSI and disclaimers by DSI.

Service Interruption: There may be interruption in Saki Mobile Services due to software, network, system or equipment related malfunction or failure or other errors. DSI does not guarantee that Saki Mobile Services can be provided uninterrupted or error-free.

Indemnity: You agree to indemnify, defend and hold DSI and its affiliates, directors, shareholders, officers, employees and agents harmless from and against any action, demand, cause of action, loss, damage, liability, cost and/or expense (including reasonable attorneys’ fees and costs), claim, suit or proceeding arising out of or in connection with any unauthorized or improper use of the Saki software, the Saki Mobile Services, Content, Premium Content, User Content or any breach of this Agreement by you and/or your sub-account users.

Limitation of Liability:

(a) You expressly agree that use of the Saki software and Saki Mobile Services is at your sole risk. In no event shall DSI, its affiliates, stockholders, directors, officers, employees, agents or its suppliers be liable to you for any lost profits, consequential, incidental, indirect, exemplary, special or punitive damages, regardless of whether the claim giving rise to such damages is based upon breach of warranty, breach of contract or negligence, including but not limited to, damages for confidential or other information, for business interruption, for loss of privacy, for personal injury, for failure to meet any duty including reasonable care, for negligence, and for any other pecuniary or other loss, arising out of or in any way related to the use of the Saki software or the Saki Mobile Services, the provision of or failure to provide support or other services, information or software or otherwise arising out of the use of the Saki software, Saki Mobile Services, or otherwise under or in connection with any provision of this Agreement, even in the event of a fault, tort, misrepresentation, strict liability, breach of contract and even if DSI, its affiliates or any of its suppliers has been advised of the possibility of such damages. DSI shall not be responsible for (i) the violation by any Content Provider of any agreement between the Content Provider and DSI; (ii) the violation by any subscriber or user of Saki Mobile Services of any agreement with DSI; or (iii) the violation of any other agreement between any other third-party and DSI.

(b) This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence or under any other cause of action. You specifically acknowledge that DSI is not liable for the defamatory, offensive or illegal conduct of any subscribers or users of Saki Mobile Services or third parties and that the risk of injury from the foregoing rests entirely with you.

(c) In no event will DSI or any person or entity involved in creating, producing or distributing Saki software or Saki Mobile Services, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the Saki software. You hereby acknowledge that the provisions of this section shall apply to all Content on the Saki Mobile Services.

(d) In addition to the terms set forth above, neither DSI nor its affiliates, information providers or Content Providers shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions or other defects in, or untimeliness or unauthenticity of, the information distributed through Saki Mobile Services, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses to, lost profits, punitive or consequential damages.

(e) Prior to the execution of a stock trade, you are advised to consult with your broker or other financial representative to verify pricing or other information. DSI, its affiliates, information providers or Content Providers shall have no liability for investment decisions based on the information provided. Stock price information is typically delayed from information providers and not available in real time and neither DSI nor its affiliates, information providers or Content Providers warrant or guarantee the timeliness, sequence, accuracy or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.

Exclusive Remedy: Notwithstanding any loss or damage that you might incur for any reason whatsoever, including breach of this Agreement, to the extent of any liability arising under this Agreement, the entire aggregate liability of DSI, its affiliates, stockholders, directors, officers, employees, agents and its suppliers’ entire liability and your exclusive remedy for any such loss or damage or for any other liability relating to the Saki software and Saki Mobile Services under the provisions of this Agreement, shall be limited to, and not exceed, the amount paid by you for the Saki software or Saki Mobile Services. In no event shall anyone other than you have any claim against DSI, its stockholders, directors, officers, employees, agents or suppliers arising under this Agreement.

Other Limitations: All services provided under this Agreement are provided on an 'AS IS' and 'AS AVAILABLE' basis and DSI makes no warranties or conditions, expressed or implied, statutory or otherwise, including but not limited to the implied warranties or conditions of merchantability and fitness for a particular purpose. DSI does not warrant that the Saki software or the Saki Mobile Services will meet any of your or any third-party’s particular requirements, that the operation of the Saki software or the Saki Mobile Services will be error-free or uninterrupted and that all errors in the Saki software or the Saki Mobile Services can be found in order to be corrected. DSI shall not be deemed in default or breach of this Agreement to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by you, a third-party or other causes reasonably beyond its control, including, but not limited to, acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, civil unrest or shortages of transportation, facilities, fuel, energy, labor or materials. In the event of any such delay, DSI may defer its performance for a period equal to the time of such delay, but in no event more than three (3) months, after which this Agreement shall be deemed to be terminated if the Saki Mobile Services are not then restored.

Notices.

(a) Except as otherwise provided herein, all notices or other communications which are required or permitted hereunder shall be in writing and sufficient if (i) delivered personally; (ii) sent by registered or certified mail, postage prepaid; (iii) sent by overnight courier with a nationally recognized courier, or (iv) via facsimile confirmed in writing in any of the foregoing manners, as follows: if to DSI, to Digital Standard, Inc., 1800 Preston Park Blvd., Suite 100, Plano, Texas 75093, Attn: President; or if to you, to the address and person listed on the registration and DSI may deliver notices to you electronically via the Saki Mobile Services or otherwise to any e-mail address provided by you.

(b) If sent by mail, notice shall be considered delivered five (5) business days after the date of mailing, and if sent by any other means set forth above, notice shall be considered delivered upon delivery thereof. Any party may by notice to the other parties change the address to which notice or other communications to it are to be delivered or mailed.

(c) In addition, any notices by DSI applicable to subscribers generally such as pricing changes, changes to this Agreement, changes to any of DSI’s policies or other information posted on the DSI Websites may be posted by DSI on the DSI Websites and such posting shall constitute notice to all subscribers.

Export Restriction: The Saki software may be subject to United States export controls. No software may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. You agree to comply with all applicable international and national laws that apply to the software, including United States Export Administration Regulations as well as other restrictions issued by the United States.

Severability; Enforcement; No Waiver: The unenforceability of any provision or provisions of this Agreement shall not impair the enforceability of any other part of this Agreement. If any provision of this Agreement shall be deemed by a court of competent jurisdiction invalid or unenforceable, in whole or in part, this Agreement shall be deemed amended to delete or modify, as necessary, the invalid or unenforceable provision to render it valid, enforceable, and, insofar as possible, consistent with the original intent of the parties. The failure of a party, at any time or from time to time, to require performance of any obligations of the other party hereunder shall not be deemed a waiver and shall not affect its right to enforce any provision of this Agreement at a subsequent time.

Governing Law and Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of the State of Texas without regard to its conflict of laws provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Texas, City of Dallas.

Modifications: DSI reserves the right to change the terms of this Agreement at any time by posting any such changes on the DSI Websites or otherwise making notice of such changes available to you. If you do not agree to the revised terms of this Agreement, DSI may terminate your account. In addition, DSI from time to time may change the Terms of Use of the DSI Websites and its Privacy Policy posted on the DSI Websites.

Enforcement: The foregoing provisions of this Agreement are for the benefit of DSI, its subsidiaries, affiliates and its third-party Content Providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

Acceptance: You acknowledge that you have read this Agreement and accept all of the terms and conditions of this Agreement. You further acknowledge that you have reviewed and agree to all of the terms contained in the Terms of Use and Privacy Policy posted on the DSI Websites.

Feedback and Member Submissions

Unless as otherwise agreed in writing by DSI, any material, information or other communication you transmit or post to Saki Mobile Services or DSI Websites will be considered non-confidential and non-proprietary ("Communications"). DSI will have no obligations with respect to the Communications. DSI and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes.

The information contained in this website is subject to change without notice.
Copyright © 2005 Digital Standard Inc. All rights reserved.
Digital Standard Inc.
1800 Preston Park Blvd, Suite 100, Plano, Texas 75093, USA
Updated by Digital Standard, Inc. October 2006