DSI service aggreement Last Updated: March 2009

Please note that we do not provide warranties for the service. The contract also limits our liability.

The Service
Welcome to Digital Spectrum Solutions, Inc (DSSI) photo sharing service. This service provides a safe and fun way to share photos with your friends and relatives and between other wireless DSSI products you own no matter how far away. All that is required is to set up an account with www.memoryframe.com and register your wireless frames you wish to share your photos with. After registration, as many photos as you wish may be uploaded to our site and within minutes the pictures could appear on any DSSI wireless photo frame registered to share your photos no matter where they are. There is no limit to the number of photos that may be stored and shared and there no resolution limitation. This service is free subject to the Terms and Conditions that follow. By registering on this site, you are accepting the Terms and Conditions of its use and will only use the site in a manner consistent with these Terms. We reserve the right to update these Terms periodically and you are encouraged to revisit this web page periodically to find the most recent version.

1. When You May Use the Service.
You may start using the service as soon as you have finished the sign-up process. No withdrawal right or other "cooling off" period applies to the service and you waive any applicable "cooling off" period, except if the law requires a "cooling off" period despite your waiver and even when a service starts right away.

2. How You May Use the Service.
In using the service, you will:

• obey the law;
• obey any codes of conduct or other notices we provide;
• keep your service account password secret; and
• promptly notify us if you learn of a security breach related to the service.

This is not a backup service and you are solely responsible for creating back-ups for all digital photo files transferred to our website. We assume no liability for missing or damaged files.

3. How You May Not Use the Service.
This service may not be used to process prohibited content. DSSI prohibits the use of this service to distribute or engage in distribution of material that:

• is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or promotes bigotry, hatred or harm against any group or individual;
• will engage in, facilitate or further unlawful conduct;
• uses any portion of the service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages ("spam");
• uses any unauthorized means to modify or reroute, or attempt to modify or reroute, the service;
• will damage, disable, overburden, or impair the service (or the network(s) connected to the service) or interfere with anyone's use and enjoyment of the service; or
• resells or redistributes the service, or any part of the service.

The determination that material is prohibited is at the sole discretion of DSSI and the content may be examined periodically. If content is determined to be offensive, it may be deleted, removed or edited from the site without notice.

4. You Are Responsible For Your Service Account.
Only you may use your service account. For some parts of the service, we may notify you that you may set up additional member accounts that are dependent on your account (an "associated account"). You are responsible for all activity that takes place with your service account or an associated account. You may not authorize any third party to access and/or use the service on your behalf.

5. Software.
If you receive software from us as part of the service, your use of that software is under the terms of the license that is presented to you for acceptance for that software. If there is no license presented to you, or unless otherwise stated in this contract, then we grant you the right to use the software only for the authorized use of the service on that number of computers stated in your service offer. We reserve all other rights to the software. We may automatically check your version of the software. We may automatically download upgrades to the software to your computer to update, enhance and further develop the service. Unless we notify you otherwise, your license to use the software will end on the date your service ends, and you must promptly uninstall the software. We may disable the software after the date the service ends. You will not disassemble, decompile, or reverse engineer any software included in the service, except and only to the extent that the law expressly permits this activity. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use.

6. Requirements For Placing Advertisements.
You may be able to place advertisements in or through the service. We have no obligation to display any part of the advertising content. With respect to any advertising content you provide, you promise that:

• all advertising content is accurate, complete and current;
• you have all necessary rights, power and authority to publish the advertising content;
• the advertising content, and any web site listed or linked to from the advertising content complies with all applicable laws and regulations;
• does not infringe, misappropriate or otherwise violate any copyright, patent, trademark, service mark, trade secret or other intellectual property right of any third party;
• does not breach the rights of any person or entity, including rights of publicity or privacy, and is not defamatory; and
• does not result in consumer fraud (including being false or misleading), product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity.
• you possess documents substantiating all claims, express and implied, contained within the advertising content.

7. How We May Change the Contract.
If we change this contract, then we will tell you at least 30 days before the change takes place. If you do not agree to these changes, then you must cancel and stop using the service before the change takes place. If you do not stop using the service, then your use of the service will continue under the changed contract.

8. WE MAKE NO WARRANTY.
We provide the service "as-is," "with all faults" and "as available." We do not guarantee the accuracy or timeliness of information available from the service. We and our affiliates, resellers, distributors and vendors give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws that this contract cannot change. We exclude any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.

9. Changes to the Service; If We Cancel the Service.
We may change the service or delete features at any time and for any reason. We may cancel or suspend your service at any time. Our cancellation or suspension may be without cause and/or without notice. Upon service cancellation, your right to use the service stops right away. Once the service is cancelled or suspended, any data you have stored on the service may not be retrieved later.

Copyright and Trademark Notices
All contents of the service are Copyright © 2009 Digital Spectrum Inc and/or its suppliers. All rights reserved. Copyright and other intellectual property laws and treaties protect any software or content provided as part of the service. We or our suppliers own the title, copyright, and other intellectual property rights in the software or content. DSI, Memoryframe, DSI logo, Memoryframe logo (camera), and/or other DSI products and services referenced herein may also be either trademarks or registered trademarks of Digital Spectrum Inc in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Potentially Unwanted Software
If you remove or disable "spyware," "adware" and other potentially unwanted software ("potentially unwanted software"), it may cause other software on your computer to stop working, and it may cause you to breach a license to use other software on your computer (such as where the other software installed the potentially unwanted software on your computer as a condition of your use of the other software). By using features of the service intended to help you remove or disable potentially unwanted software, it is possible that you will also remove or disable software that is not potentially unwanted software. If a feature of the service prompts you before removing or disabling potentially unwanted software, you are solely responsible for selecting which potentially unwanted software the service removes or disables. Before authorizing the removal of any potentially unwanted software, you should read the license agreements for the potentially unwanted software.

Respect Copyright
Please respect the rights of artists and creators. Content such as music, photos and video may be protected by copyright. People appearing in content may have a right to control use of their image. You may not share other people's content unless you own the rights or have permission from the owner.

Support
Customer support is not offered for the service, unless provided otherwise in this contract or the materials we publish in connection with a particular service specify that it includes customer support.

Scope
This notice provides highlights of the full Online Privacy Statement. This notice and the full privacy statement apply to those Memoryframe websites and services that display or link to this notice.

Personal Information
When you register for certain Memoryframe services, we will ask you to provide personal information. The information we collect may be combined with information obtained from other DSI services and other companies. We use cookies and other technologies to keep track of your interactions with our sites and services to offer a personalized experience.

We use the information we collect to provide the services you request
We use your information to inform you of other products or services offered by DSI and its affiliates, and to send you relevant survey invitations related to Memoryframe services. We do not sell, rent, or lease our customer lists to third parties. In order to help provide our services, we occasionally provide information to other companies that work on our behalf.

Governing law
This agreement shall be governed, interpreted, and enforced in accordance with the State of California. Any action relating to this agreement and use of this photo sharing site must be brought in the State of California and you agree to the jurisdiction of such courts.