TERMS OF SERVICE

Welcome to Digparty! We hope that you will enjoy Digparty. Digparty makes Digparty application, including all information, files, text, graphics, software, and audio/visual files (collectively, the "Materials") available for your use subject to the Terms of Service set forth below.

1. Acceptance of Terms of Service.

By playing Digparty, you accept and agree to all terms, conditions and notices contained or referenced on Digparty ("Terms of Service"). Please read the following Terms of Service carefully. If you do not agree to the Terms of Service, do not play Digparty. By accessing, using, or downloading in any way, without limitation, any Materials from Digparty or merely browsing Digparty, you agree to and are bound by these Terms of Service.

Digparty reserves the right to change the Terms of Service at any time, without prior notice to any Digparty visitor ("User"). If Digparty makes what it considers to be material changes to the Terms of Service. If you breach any of the Terms of Service, your authorization to play Digparty automatically terminates.

2. Intellectual Property Rights.

Copyright Information and Personal & Non-Commercial Use Limitation.

All Materials and the compilation of all content included on Digparty are owned or licensed by Digparty and protected by United States and international copyright laws, with the exception of materials and content supplied by thid parties through software and network integration. For example, all materials and content included in the Youtube videos are the property of their respective owners. Copyright © 2008 Digparty. All Rights Reserved. Digparty does not claim ownership of copyrights owned by third parties.

You have been granted a license to view and use the Materials subject to these Terms of Service. Unless otherwise specified, the Materials on Digparty are for your personal and non-commercial use. You may not sell or modify Materials or reproduce, display publicly or otherwise use the Materials in any way for any public or commercial purpose. Permission to reprint or electronically reproduce any document or graphic, in whole or in part, for any other purpose is expressly prohibited without prior written consent from Digparty. Users may not provide copyrighted or other proprietary information to Digparty without permission from the owner of such material or rights. Users are solely responsible for obtaining such permission and for any damages resulting from unauthorized disclosures or infringement.

Notice and Procedure for Making Claims under the Digital Millennium Copyright Act.

The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on or in Digparty in a way that may constitute copyright infringement, you may provide notice of your claim to Digparty's Designated Agent listed below. For your notice to be effective, it must include the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

A description of the copyrighted work that you claim has been infringed upon;

A description of where the material that you claim is infringing is located on Digparty;

Information reasonably sufficient to permit the service Digparty to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;

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

A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Digparty's Designated Agent can be contacted through the Contact Us page on www.digparty.com

The Designated Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on Digparty. All other inquires to the Designated Agent will not be answered.

Trademarks.

Digparty owns trademarks for its many goods and services, including without limitation, Digparty and the associated graphics, logos and service marks are trademarks of Digparty and may not be used without prior written consent of Digparty. All other trademarks, product names, and company names and logos appearing in connection with Digparty are the property of their respective owners.

Ideas and Inventions.

All comments, feedback, suggestions, ideas, and other submissions ("Ideas") disclosed, submitted, or offered to Digparty in connection with the use of Digparty shall be the exclusive property of Digparty. User agrees that unless otherwise prohibited by law Digparty may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to User.

3. Account Responsibility.

Account Responsibility.

Digparty is available to anyone who is a registered member of Facebook® and is in compliance with the Facebook® Terms of Use ("Account"). In creating your Account, you agree to (a) provide true, accurate, current and complete information about yourself ( "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Digparty has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Digparty has the right to suspend or terminate your ability to participate in Digparty and refuse any and all current or future use of Digparty (or any portion thereof).

Secrecy Obligation.

Once you have selected or been allocated a unique username and password ("Identifiers") for your Account, it is your responsibility to keep these Identifiers secure and confidential. Any transactions made and accepted in Digparty where your Identifiers have been used will be treated as valid.

No Transfer.

Your Account is not transferable. Under no circumstances shall you allow or permit any other person or third party to use or re-use your Account or your Identifiers in such a way that may breach the standards or laws in any jurisdiction where you are located and/or are a resident, or where such other person is located and/or is a resident. Any person found to have violated this section may be reported to the relevant authorities.

4. Privacy and Protection of Personal Information.

Digparty respects the privacy of visitors to our Digparty. Information collected from Users is subject to Facebook's Privacy Policy located at http://www.facebook.com/policy.php. By playing Digparty, you grant Facebook permission to share your email address and any other personally identifiable information with Digparty. Please see Privacy Policy relating to the collection and use of your information. User acknowledges and agrees that this Privacy Policy, including, but not limited to, the manner in which Digparty collects, uses and discloses User's personally identifiable information, is incorporated and made part of these Terms of Service. If User does not agree to each and every part of Digparty's Privacy Policy, then User should not play Digparty or submit any personally identifiable information through Digparty. Questions regarding privacy issues should be directed to Digparty through our Contact Us page on www.digparty.com.

5. Disclaimer of Warranties and Limitation of Liability.

User expressly agrees that use of Digparty, services, and Materials is at User's sole risk. Neither Digparty nor any of its officers, directors, or employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by Digparty (collectively "Digpartys"), or the like, warrant that websites affiliated with Digpartys, including but not limited to Digparty, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information and services provided through Digparty may contain inaccuracies or typographical errors. Digparty makes no warranty as to the results that may be obtained from the use of Digparty or as to the accuracy, reliability, or currency of any information content or service provided through Digparty.

Disclaimer of Warranties.

Digparty IS PROVIDED BY Digparty ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, Digparty DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

Digparty MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF Digparty, SECURITY OF Digparty, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE Digparty, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON Digparty. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF Digparty IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability.

Digparty DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO Digparty OR ANY RELATED SERVICES. THE OPERATION OF Digparty MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF Digparty.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Digparty WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE Digparty OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF Digparty HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

THE LIMITATION OF THIS PARAGRAPH SHALL APPLY NOTWITHSTANDING ANY RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM Digparty OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO Digparty RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT Digparty HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH Digparty.

SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON Digparty's GOODS OR SERVICES, FROM INABILITY TO USE Digparty's GOODS OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF Digparty's SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

If you are dissatisfied with any portion of Digparty, your sole and exclusive remedy is to discontinue your use of Digparty.

6. Third Party Links.

Digparty is an application provided through the Facebook® platform. Facebook® and other third party advertisers are not under the control of Digparty, and the existence of a link on Digparty does not imply any endorsement of the linked websites by Digparty or any affiliation between Digparty and the owners of the linked sites. Digparty makes no warranties or representations, and disclaims all liability, relating to the accuracy, content, terms of use, privacy policies, products, services, legality, reliability, viewpoint, accuracy, currency, decency, or any other aspect of the linked sites. User agrees that Digparty has no responsibility to User with respect to such material. Digparty encourages you to examine the privacy policies and/or terms of use policies of any third party site.

7. Online Conduct.

The User agrees to use Digparty only for lawful purposes. Unacceptable uses of Digparty include without limitation: (i) engaging in any illegal activity or the planning of any illegal activity; (ii) disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) creating, disseminating or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of any person; (iv) creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication; (v) exporting, re-exporting or permitting the downloading of any message, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (vi) interfering, disrupting or attempting to gain unauthorized access to other accounts on Digparty or any other computer network; (vii) disseminating or transmitting viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program; or (viii) engaging in any other activity deemed by Digparty to be in conflict with the spirit or intent of Digparty.

8. Termination.

These Terms of Service are effective until terminated by either party. User may terminate these terms at any time by discontinuing use of Digparty. User's access to Digparty may be terminated immediately without notice from Digparty if in our sole discretion User fails to comply with any term or provision of these Terms of Service.

9. International Users.

The Digparty can be accessed from locations around the world. Digparty makes no representations that Digparty or the Materials available through it are appropriate for use at your location. Access to Digparty from locations where Digparty or any of its Materials are illegal is prohibited. If you access Digparty, you are responsible for compliance with all local and/or international laws.

10. Security.

If you play Digparty, you are responsible for restricting access to your computer and ensuring that your computer is free from all types of malicious code, spyware, viruses, Trojans, etc. that may track any data you enter via Digparty, including e-mail address, credit card number, and other payment related information. User agrees to accept responsibility for all activities that occur under User's Account. Digparty cannot and will not be held liable for any loss or damage arising from User's failure to comply with this section.

Digparty reserves the right to monitor all network traffic to Digparty to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to Digparty in any fashion. Anyone using Digparty expressly consents to such monitoring.

11. Payment Verification.

Digparty reserves the right to refuse service or decline orders for any reason. Accordingly, Digparty may request written verification and proof of a User's identity by supplying Digparty with a copy of government issued photo identification at its sole discretion.

12. Arbitration.

Any dispute relating in any way to your visit to Digparty shall be submitted to confidential arbitration in San Jose, California, except that, to the extent you have in any manner violated or threatened to violate Digparty intellectual property rights, Digparty may seek injunctive, equitable, or other appropriate relief in any state or federal court and the User consents to exclusive jurisdiction and venue in the states and federal courts in the State of California. You and Digparty agree that any Dispute between you and Digparty shall be resolved exclusively and finally by arbitration administered by the National Arbitration Forum ("NAF"), using interpretations under California law, and conducted under its rules, except as otherwise provided below. You and Digparty will agree on another arbitration forum if NAF ceases operations. The arbitration will be conducted before a single arbitrator, and will be limited solely to the Dispute between you and Digparty. The arbitrator's award, including attorneys' fees, shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Service or Privacy Policy shall be joined to an arbitration involving any other party subject to these Terms of Service or Privacy Policy, whether through class arbitration proceedings or otherwise. You understand that, in the absence of this provision, you would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class action basis, and that you have expressly and knowingly waived those rights and agreed to resolve any Disputes through binding arbitration in accordance with the provisions of this paragraph. This arbitration provision shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. For the purposes of this provision, the term "Dispute" means any dispute, controversy, or claim arising out of or relating to: (i) this Privacy Policy, its interpretation, or the breach, termination, applicability or validity thereof; (ii) the related order for, purchase, delivery, receipt or use of any product or service from Digparty; or iii) any other dispute arising out of or relating to the relationship between you and Digpartys. Information may be obtained from the NAF online at www.arb-forum.com, by calling 800-474- 2371, or writing to P.O. Box 50191, Minneapolis, Minnesota, 55405.

13. Applicable Law/Jurisdiction.

By visiting Digparty, even if accessed from a location outside the United States, User agrees that the laws of the State of California will govern these disclaimers, Terms of Service, or Privacy Policy, without giving effect to any principles of conflicts of laws. Digparty reserves the right to make changes to its Digparty and these disclaimers, Terms of Service, and Privacy Policy at any time. User hereby irrevocably and unconditionally consents to jurisdiction in the State of California.

14. Waiver/Severability.

The failure of Digparty to require or enforce strict performance by User of any provision of these Terms of Service or to exercise any right under them shall not be construed as a waiver or relinquishment of Digparty's right to assert or rely upon any such provision or right in that or any other instance.

The provisions of these Terms of Service are intended to be severable. If for any reason any provision of these Terms of Service shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms of Service, which shall continue to be in full force and effect.

15. Statue of Limitations.

User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Digparty, Terms of Service, or Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.

16. Entire Agreement.

These Terms of Service constitute the entire agreement between the User and Digparty with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service or Privacy Policy will be effective only if in writing and signed by Digparty.

The section titles in the TERMS OF USE are for convenience only and have no legal or contractual effect.

Date Last Modified: November 23, 2008.

These Terms of Service may be changed at any time, without prior notice.