Introduction; Your Agreement to these Terms of Use. Welcome to the Tekarma ("Tekarma") web site, www.tekarma.com (the "Tekarma Site"), operated by Tokoni Inc.("Tokoni"). The following Terms of Use for the Tekarma Site is a legal contract between you, an individual user or a single entity (collectively or individually "Users"), and Tokoni regarding your use of the Tekarma Site.

BEFORE USING THE TEKARMA SITE, PLEASE READ CAREFULLY THE FOLLOWING TERMS OF USE. BY REGISTERING FOR AND/OR ACCESSING, BROWSING, AND USING THE TEKARMA SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING ANY ADDITIONAL GUIDELINES, AND ANY FUTURE MODIFICATIONS (COLLECTIVELY, THE "TERMS"). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE TEKARMA SITE.

1. Eligibility. You represent that you 18 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the Tekarma Site is not intended for children under 13. If you are using or opening an account on the Tekarma Site on behalf of a company, entity, or organization (collectively "Subscribing Organization"), then you represent and warrant that you: are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of such Subscribing Organization.

2. Privacy Policy. Your privacy is important to Tokoni. Tekarma's Privacy Policy is hereby incorporated into these Terms by reference. Please read this notice carefully for details relating to the collection, use, and disclosure of your personal information.

3. Individual Features and Services. When using the Tekarma Site, you will be subject to any additional posted guidelines or rules applicable to specific services, and features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into the Terms.

4. Modification of the Terms. Tokoni reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time without notice to you. Please check these Terms and any Guidelines periodically for changes. Your continued use of the Tekarma Site after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted on the Tekarma Site.

5. Tekarma Site Access. Tokoni grants you permission to use the Tekarma Site as set forth in these Terms, provided that (i) you use the Tekarma Site solely for your personal, private, noncommercial use; (ii) you do not copy, publicly display or distribute any part of the Tekarma Site in any medium without Tokoni's prior written authorization; (iii) you do not alter or modify any part of the Tekarma Site other than as may be reasonably necessary to use the Tekarma Site for its intended purposes; (iv) you do not engage in any of the prohibited uses described below; and (v) you will otherwise fully comply with these Terms. The Tekarma Site is controlled and offered by Tokoni from its facilities in the United States of America. Tokoni makes no representations that the Tekarma Site is appropriate or available for use in other locations. Those who access or use the Tekarma Site from other jurisdictions do so at their own risk and are responsible for compliance with local law.

6. Ownership; Proprietary Rights. The Tekarma Site is owned and operated by Tokoni. The content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the Tekarma Site that are provided by Tokoni ("Tokoni Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Tokoni Materials do not include User Submissions (defined below) or any other content owned by and submitted by Users to the Tekarma Site. All Tokoni Materials contained on the Tekarma Site are the copyrighted property of Tokoni or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names contained in the Tokoni Materials or on the Tekarma Site are proprietary to Tokoni or its affiliates and/or third-party licensors. Except as expressly authorized by Tokoni, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Tokoni Materials. Tokoni reserves all rights not expressly granted in these Terms. User shall not acquire any right, title or interest to the Tokoni Materials, except for the limited rights set forth in this Agreement.

7. User Submissions.

(a) General. The Tekarma Site may now or in the future permit the submission and posting or linking of media, text, audio and video recordings, photos, commentary or any other content submitted by you and other users ("User Submissions"), and the hosting, sharing, and/or publishing of such User Submissions. User Submissions are displayed for entertainment and informational purposes only and are not controlled by Tokoni. Tokoni makes no representations that it will publish or use your User Submissions in any way and may or may not use your User Submissions in its sole discretion. You understand that whether or not such User Submissions are published, Tokoni does not guarantee any confidentiality with respect to any User Submissions.

(b) Grant of Rights. You shall retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Tokoni, you hereby grant Tokoni and its affiliates a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicenseable, and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, display, perform, and otherwise exploit your User Submissions in connection with the Tekarma Site and Tokoni's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Tekarma Site (and derivative works thereof) in any media formats and through any media channels now known or hereafter discovered. You grant Tokoni and its affiliates and sublicensees the right to use the name that you submit in connection with such User Submission if they choose. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Submissions. You also hereby grant to each user of the Tekarma Site a non-exclusive license to access your User Submissions through the Tekarma Site, and to use, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions as permitted by the functionality of the Tekarma Site and these Terms. The aforementioned licenses will terminate when User or Tokoni removes User's Submission(s) from the Tokoni website.

(c) User Submissions Representations and Warranties. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Tokoni to use, all patent, trademark, copyright, or other proprietary rights in and to any and all User Submissions to enable inclusion and use of User Submissions in the manner contemplated by Tokoni and these Terms, and to grant the rights and license set forth above, and (ii) your User Submissions, Tokoni's use of such User Submissions in connection with the Tekarma Site, and Tokoni's exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (c) violate any applicable law or regulation.

(d) User Submissions Prohibited Uses. In connection with your User Submissions, you further agree that you will not: (i) publish falsehoods or misrepresentations that could damage Tokoni or any third party; (iii) submit material that is unlawful, defamatory, libelous, slanderous, threatening, pornographic, obscene, vulgar, harassing, harmful, hateful, abusive, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or any right of privacy or publicity, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or (vi) post User Submissions that would be harmful to minors in any manner.

8. Content Disclaimer. You understand that when using the Tokoni Site you will be exposed to User Submissions and other content (such User Submissions and other content, collectively, "Content") from a variety of sources, and that Tokoni is not responsible for the accuracy, integrity, quality, legality, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Tokoni with respect thereto. Tokoni does not endorse any User Submission or other Content or any opinion, recommendation, or advice expressed therein. Under no circumstances will Tokoni be liable in any way for or in connection with any User Submissions or other Content, including, but not limited to, for any inaccuracies, errors or omissions in any Content, any intellectual property infringement with regard to any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise displayed or transmitted via the Tekarma Site.

9. Non-Monitoring of Users and Content. You understand that all Content is the sole responsibility of the person from whom such Content originated. This means that you, and not Tokoni, are entirely responsible for all User Submissions that you upload, post, e-mail, transmit or otherwise make available through via the Tekarma Site. Tokoni does not control the Content posted by Users or otherwise made available by other persons and does not have any obligation to monitor such Content for any purpose. If at any time, Tokoni chooses, in its sole discretion, to monitor the Content, Tokoni nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. You acknowledge that Tokoni may or may not pre-screen User Submissions, but that Tokoni and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any User Submission that is available via the Tekarma Site. Without limiting the foregoing, Tokoni and its designees may, at any time and without prior notice, remove any User Submission that in the sole judgment of Tokoni violates these Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with the use of any User Submissions or other Content, including any reliance on the accuracy, completeness, usefulness or legality of such User Submission or other Content.

10. Removal of Content. Tokoni and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available on Tekarma Site in whole or in part at any time for any reason or no reason, with or without notice and with no liability of any kind.

11. Prohibited Uses.

(a) As a condition of your use of the Tekarma Site, you will not use the Tokoni Site for any purpose that is unlawful or prohibited by these Terms. Access to the Tokoni Materials and the Tekarma Site from territories where their access or use thereof is illegal is strictly prohibited. Tokoni Users are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the internet, technology, data, email, or privacy.

(b) Any use by you of any of the Tokoni Materials and Tekarma Site other than for private, non-commercial use is strictly prohibited. You agree not to reproduce, duplicate, copy, sell, trade, resell, distribute or exploit, any portion of the Tekarma Site, use of the Tekarma Site, access to the Tekarma Site, or Content obtained through the Tekarma Site, for any purpose other than for your personal, private, non-commercial purposes.

(c) You agree not to defame, harass, abuse, threaten, stalk or defraud Users of the Tekarma Site, or collect, or attempt to collect, personal information about Users or third parties without their consent.

(d) You agree not to intentionally interfere with or damage, impair or disable the operation of the Tekarma Site or any User's enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code.

(e) You agree not to remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Tekarma Site, features that prevent or restrict the use or copying of any content accessible through the Tekarma Site, or features that enforce limitations on the use of the Tekarma Site.

(f) You agree not to attempt to gain unauthorized access to the Tekarma Site, or any part of it, other accounts, computer systems or networks connected to the Tekarma Site, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Tokoni Site or any activities conducted on the Tekarma Site.

(g) You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Tekarma Site. You agree neither to modify the Tekarma Site in any manner or form, nor to use modified versions of the Tekarma Site, including (without limitation) for the purpose of obtaining unauthorized access to the Tekarma Site.

(h) You agree that you will not use any robot, spider, scraper, or other automated means to access the Tekarma Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Tekarma Site.

(i) You agree not to utilize framing techniques to enclose any trademark, logo, or other Tokoni Materials without our express written consent. You agree not to use any meta tags or any other "hidden text" utilizing Tokoni's name or trademarks without our express written consent.

(j) You agree not to deep-link to the Tekarma Site and will promptly remove any links that Tokoni finds objectionable in its sole discretion. You agree not to use any Tokoni logos, graphics, or trademarks as part of the link without our express written consent.

(k) You agree not to make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Tekarma Site. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.

(l) You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Tekarma Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

(m) You agree not to modify, adapt, translate or create derivative works based upon the Tekarma Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

12. Account Information. In order to access some features of the Tokoni Site, you will have to create an account. You agree that the information you provide to Tokoni upon registration and, at all other times, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. You acknowledge, consent and agree that Tokoni may access, preserve and disclose your account information and User Submission if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Terms; (c) respond to claim that any User Submission violates the rights of third parties; (d) to respond if you contact Tokoni; or (e) protect the rights, property or personal safety of Tokoni, the Users and the public.

13. Password. When you register you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account ID or password), you should immediately notify Tokoni. You may be liable for the losses incurred by Tokoni or others due to any unauthorized use of your account.

14. Dealings with Advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Tekarma Site are solely between you and such advertiser. YOU AGREE THAT TOKONI WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE TEKARMA SITE.

15. Links and Third Party Content. Tokoni or third parties may provide links on the Tekarma Site to other sites or content ("Reference Sites"). Tokoni has no control over such Reference Sites or content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability or reliability of Reference Sites or content linked to by the Tekarma Site. Tokoni provides links to you only as a convenience, and the inclusion of any link on the Tekarma Site does not imply our affiliation, endorsement, or adoption of the linked site or any information therein. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON REFERENCE SITES OR AVAILABLE THROUGH REFERENCE SITES, IS SOLELY AT YOUR OWN RISK. When you leave the Tokoni Site, our terms and policies no longer govern. You should review applicable terms and policies, including the privacy and data gathering practices, of any Reference Sites.

16. Availability of Service. Tokoni may make changes to or discontinue any of the media, web communities, products, or services available within the Tekarma Site at any time, and without notice. The media, products, or services on the Tekarma Site may be out of date, and Tokoni makes no commitment to update these materials on the Tekarma Site.

17. User Disagreements. You alone are responsible for your involvement with other Users. Tokoni reserves the right, but has no obligation, to monitor disagreements between you and other Users.

18. Terms of Use Violations; Termination.

(a) Tokoni. You agree that Tokoni, in its sole discretion and for any or no reason, may terminate any User account (or any part thereof) you may have at the Tekarma Site or your use of the Tekarma Site, and remove and discard all or any part of your account or any User Submission, at any time. Tokoni may also in its sole discretion and at any time discontinue providing access to the Tekarma Site, or any part thereof, with or without notice. You agree that any termination of your access to the Tekarma Site or any account you may have or portion thereof may be effected without prior notice, and you agree that Tokoni shall not be liable to you or any third-party for any such termination. Tokoni does not permit infringing activities on the Tekarma Site, and reserves the right to terminate access to the Tekarma Site, and remove all content submitted, by any persons who are found to be infringers. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Tokoni may have at law or in equity.

(b) User. If you are dissatisfied with the Tekarma Site, please email us at help@tokoni.com. Your input is valuable to us. Your only other remedy with respect to any dissatisfaction with (i) the Tekarma Site, (ii) any term of these Terms, (iii) any policy or practice of Tokoni in operating the Tekarma Site, or (iv) any content or information transmitted through the Tekarma Site, is to terminate these Terms and your account. You may terminate these Terms at any time by closing your account and discontinuing your use of any and all parts of the Tekarma Site. Please email us at help@tokoni.com.

19. Indemnification; Hold Harmless. You agree to indemnify and hold harmless Tokoni, and its parent, subsidiaries, affiliates or any related companies (including those which share substantially common ownership), its suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of any of them from any and all claims, losses, obligations, damages, liabilities, costs or debt and expenses (including attorney's fees) arising out of (i) your use or misuse of the Tekarma Site; (ii) your User Submissions, including Tokoni's use, display or other exercise of its license rights granted herein with respect to your User Submissions; (iii) your violation of these Terms; (iv) your violation of the rights of any other person or entity, including claims that any User Submission infringes or violates any third party intellectual property rights; and (v) your breach of the foregoing representations, warranties, and covenants. Tokoni reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Tokoni. Tokoni will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

20. Disclaimers; No Warranties.

(a) No warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TOKONI, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TOKONI OR THROUGH THE TEKARMA SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 20, THE TERM TOKONI INCLUDES TOKONI'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUPPLIERS, LICENSORS, AFFILIATES AND SUBCONTRACTORS.

(b) "As is" and "As available" and "With All Faults." YOU EXPRESSLY AGREE THAT THE USE OF THE TEKARMA SITE IS AT YOUR SOLE RISK. THE TEKARMA SITE, USER SUBMISSIONS AND ANY THIRD-PARTY MEDIA, CONTENT, SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE TEKARMA SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.

(c) Platform Operation and Content. TOKONI, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE TOKONI MATERIALS, USER SUBMISSIONS, TEKARMA SITE, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE TEKARMA SITE OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

(d) Accuracy. TOKONI, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE TEKARMA SITE OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

(e) Harm to Your Computer. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE TOKONI SITE (INCLUDING RSS FEEDS) OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.

21. Limitation of Liability and Damages.

(a) Limitation of Liability. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL TOKONI OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE TOKONI MATERIALS AND USER SUBMISSIONS ON THE TEKARMA SITE OR ANY REFERENCE SITES, THE TEKARMA SITE ITSELF, OR ANY OTHER INTERACTIONS WITH TOKONI, EVEN IF TOKONI OR A TOKONI AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, TOKONI'S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

(b) Limitation of Damages. IN NO EVENT SHALL TOKONI OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SUPPLIERS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE TEKARMA SITE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF THE AMOUNT OF ONE HUNDRED DOLLARS.

(c) Reference Sites. THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN TOKONI AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE TEKARMA SITE OR RECEIVED BY YOU THROUGH ANY REFERENCE SITES.

22. Limitations by Applicable Law; Basis of the Bargain.

(a) Limitations by Applicable Law. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.

(b) Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT TOKONI HAS OFFERED ITS PRODUCTS AND SERVICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND TOKONI, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND TOKONI. YOU ACKNOWLEDGE AND AGREE THAT TOKONI WOULD NOT BE ABLE TO PROVIDE THE TEKARMA SITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

23. Digital Millennium Copyright Act Compliance. If you are a copyright owner or an agent thereof, and believe that any user submission or other content hosted on the Tekarma Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):

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

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Tekarma Site are covered by a single notification, a representative list of such works from the Tekarma Site;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Tokoni to locate the material;

(iv) Information reasonably sufficient to permit Tokoni to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) 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.

Tokoni's designated Copyright Agent to receive notifications of claimed infringement is:

Vice President, Community
email: copyright@tokoni.com
telephone: 650-488-4963

24. Miscellaneous.

(a) Notice. Tokoni may provide you with notices, including those regarding changes to these Terms, by email, regular mail or postings on the Tekarma Site. Notice will be deemed given twenty-four hours after email is sent, unless Tokoni is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Tekarma Site. In such case, notice will be deemed given three days after the date of mailing.

(b) Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.

(c) Jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms or the Tekarma Site shall be filed only in the state or federal courts in and for Santa Clara County, California and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.

(d) Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Tokoni to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

(e) Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

(f) Assignment. The Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Tokoni without restriction. Any assignment attempted to be made in violation of these Terms shall be void.

(g) Independent Contractor. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Tokoni as a result of these Terms or use of the Tekarma Site. You further acknowledge that by submitting User Submissions or other Content, no confidential, fiduciary, contractually implied or other relationship is created between you and Tokoni other than pursuant to these Terms.

(h) Survival. Sections 6, 7, 19, 20, 21, 22, 23 and 24 will survive any termination of these Terms.

(i) Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.

(j) Entire Agreement. This is the entire agreement between you and Tokoni relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. The Agreement shall not be modified except in a writing, signed by both parties, or by a change to these Terms or Guidelines made by Tokoni as set forth in Section 4 above.

(k) Claims. YOU AND TOKONI AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TEKARMA SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

(l) Disclosures. The services hereunder are offered by Tokoni, located at 20823 Stevens Creek Blvd., # 100, Cupertino, California, email: support@tokoni.com, telephone: (650)488-4963. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

Last Updated: October 1, 2008