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ACCOUNT HOLDER TERMS AND CONDITIONS

By clicking the "Create Account" button, you are agreeing to abide by these Account Holder Terms and Conditions, and the other documents referenced and linked therein (collectively, the "Agreement"). Accordingly, please take the time to review the Agreement carefully.

These Account Holder Terms and Conditions (the "Account Holder Terms")-together with the other documents referenced and linked below (collectively, the "Agreement")-describe your rights and responsibilities concerning your receipt of services from SendtoNews Video Incorporated ("SendtoNews").

Last revised February, 2012.

1. Operator

The website located at www.sendtonews.com (the "Website"), and all associated services, are provided by SendtoNews. The mailing address for SendtoNews is 204-1208 Wharf Street, Victoria, Canada V8W 3B9. In this Agreement, the terms "we", "our" and "us" refer to SendtoNews.

2. Modifications and Updates to This Agreement and Conditions

We reserve the right to unilaterally update or modify (collectively "change") this Agreement at any time and from time to time. We will notify you of any changes to this Agreement by posting notice of such changes on the Website, or sending notice to you via email. You agree that SendtoNews has this right, and that your continued use of the Website or use or receipt of SendtoNews services following notice of such change means that you agree to and accept the amendments. If you do not agree, you must immediately stop using the Website and the services, and notify us that you are terminating this Agreement.

3. Other Terms

You understand and acknowledge that your use of the Website and receipt of our services are also governed by the General Terms, which you have read and understand, and to which you agree. In addition, you understand and acknowledge that your use of the Website and receipt of our services is also governed by the Privacy Policy, which you have read and understand, and to which you agree. You consent to the collection, use and disclosure of your personal information by SendtoNews and/or third parties in accordance with the terms of and for the purposes set forth in our Privacy Policy, and agree that the terms of such Privacy Policy are reasonable. In addition, you also agree that your use of the Website and any services provided by SendtoNews will also be subject to such other policies and procedures as may be conveyed to you by SendtoNews from time to time, including on the Website. Such policies and procedures, together with the General Terms and Privacy Policy are herein incorporated by reference, mutatis mutandis.

4. Account Eligibility

You may sign up for an account and use SendtoNews's services only if:

1. you are at least 19 years of age;
2. you can lawfully enter into and form contracts on the Website in accordance with Canadian law; and
3. you have arranged for a valid form of payment that is expressly accepted by SendtoNews.

You represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and the corporation or other organization named in the account sign-up process.

5. Nature of Accounts

There are two types of accounts available in connection with the Website-a Story Distribution Account, and a Newsroom Account.

Story Distribution Accounts are intended for use by content creators, who are interested only in uploading content to SendtoNews. In contrast, Newsroom Accounts are intended for content distributors, who are interested in both downloading content and sharing content with others.

Detailed instructions about using both accounts are available on the Website, and we will be happy to answer any questions you might have as you start using our services.

6. Account Sign-Up

When you sign up for an account, you will be asked to provide your name, job title, company/organization name, address, telephone number, email address and related information as set out on the registration page. SendtoNews reserves the right to refuse service to anyone at any time for any reason.

7. Your Account Data

You agree to: (a) provide true, accurate, current and complete information as prompted by the Website's registration form and the forms of SendtoNews's payment service providers ("Data"); (b) maintain and promptly update the Data to keep it true, accurate, current and complete; and (c) be financially responsible for any charges incurred using your Data or other account information. If you provide any Data that is (or which SendtoNews has reasonable grounds to suspect is) untrue, inaccurate, not current or incomplete, SendtoNews has the right to suspend or terminate your account and refuse any and all current or future use of our services, the Website, or any portion thereof.

8. License of Uploaded Submissions

With respect to material of any kind uploaded with your account credentials to SendtoNews ("Submissions"), you give SendtoNews a perpetual, irrevocable, worldwide, royalty-free, sub-licensable and transferable non-exclusive license to use, reproduce, adapt, modify, translate, publish, rent, lend, share, communicate by telecommunication, publicly perform, publicly display and distribute your Submissions without notice or compensation to you. This license includes, without limitation, the right for SendtoNews to repurpose and commercialize the Submissions in any manner whatsoever. You confirm and warrant to SendtoNews that you have all the rights, power and authority necessary to grant the foregoing license. In addition, you agree to and hereby irrevocably waive any and all moral and other non-transferable rights you have in the Submissions. You acknowledge that, although we may monitor or review the quality or nature of Submissions from time to time, we are under no obligation to do so, and that we have the right (but not the obligation) to remove or refuse to publish or otherwise provide access to your Submissions.

9. Your Representations and Warranties

In UPLOADING Submissions, you agree, represent and warrant that:

1. all rights in and to the Submissions including, without limitation all trade-mark, trade secret, patent, copyright, moral, or other proprietary rights, are owned by you or you have full authority by way of the necessary licenses, permissions, waivers and consents to use the Submissions, and upload the Submissions onto the Website for use by us and by other SendtoNews users for the purposes made possible by the Website and associated services;
2. the matters set out in the Submissions uploaded and any other information you provide to SendtoNews will be true and accurate;
3. the Submissions do not contain any unlawful, hateful, objectionable, harmful, threatening, abusive, harassing, offensive, libelous, defamatory, slanderous, immoral, pornographic, indecent, or obscene material, or material that is discriminatory (as relating to race, ethnicity, sexual orientation, age, religion, or other grounds) or is otherwise objectionable;
4. the Submissions do not contain any viruses, worms, time bombs, trojan horses and other harmful or malicious code, files, scripts, agents or programs; and
5. the Submissions do not advocate or describe any illegal activity, and do not advertise or solicit funds for goods or services;
6. the Submissions and their use as contemplated hereunder and otherwise on the Website will not conflict with or violate any other agreement between you and any other party, or any applicable laws (including as relating to intellectual property, confidentiality, personal, privacy or proprietary rights).

In DOWNLOADING Submissions, you represent and warrant that such Submissions will only be used in a manner that:

1. constitutes fair dealing for the purpose of research or private study, or constitutes fair dealing for the purpose of criticism, review, or news reporting;
2. if the source of a Submission is provided, attributes that source, and states the name of the author (in the case of a copyrightable work), the performer (in the case of a performer's performance), the maker (in the case of a sound recording), or the broadcaster (in the case of a communication signal), if provided;
3. is non-commercial, unless otherwise expressly agreed by SendtoNews;
4. maintains without modification in the Submissions all copyright, trade-mark, and other proprietary notices and disclaimers present in the Submissions; and
5. truly and accurately reflects the intention of the material if viewed in its entirety.

10. Support

In the event that you have difficulties in using accessing the Website or otherwise using our services, you can contact SendtoNews at support@SendtoNews.com for assistance.

11. Confidentiality

Transmissions to SendtoNews (whether effected through the Website or otherwise) may not be secure, may not be treated as confidential or protected in any way, and do not create any fiduciary or other relationship or duty of any kind. You should not send confidential or sensitive information via the Internet or e-mail, including via the Website.

12. Taxes

You are responsible for paying any applicable governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes.

13. Billing Disputes

If you note a billing problem or discrepancy, you must contact SendtoNews within 15 days of the date of the billing problem or discrepancy to discuss the issue. A failure to do so will be taken as your waiver of such issues.

14. Cancellation / Termination

If you no longer wish to receive services from SendtoNews and wish to terminate this Agreement, you will be required to inform us by email to support@SendtoNews.com of your intention. Neither failing to log into the Website, or failing to access or consume services made available to you, will, in and of itself, constitute your termination of this Agreement.

SendtoNews may, at any time and for any reason and in its sole discretion, change, suspend or terminate, temporarily or permanently, the services or the Website (or any part thereof), or terminate this Agreement, without any prior notice or liability to you or any other person.

If this Agreement is terminated by you or SendtoNews for any reason, then: (a) this Agreement will nevertheless continue to apply and be binding upon you in respect of your use of the Website and the services prior to termination; (b) you may be prevented from accessing the Website and services, your account details, or any files or other content which is contained or attached to your account; and (c) SendtoNews may continue to use and disclose your personal information in accordance with the SendtoNews Privacy Policy as amended from time to time.

15. Disclaimers

Our provision both of access to the Website and to our services is dependent on a variety of other service providers-like internet service providers (including both yours and ours), website hosts, email service providers and the like-that we do not and cannot control. As such, the Website, accounts, and the services provided on or through the Website or otherwise by SendtoNews ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. We assume no risk or responsibility for your use of or inability to use the Website or any of the services or the content provided on the Website.

TO THE FULL EXTENT PERMITTED BY LAW, SENDTONEWS, OUR AFFILIATES, AND OUR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, MEMBERS OR SUPPLIERS DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE, ITS CONTENTS AND ALL SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, OR ARISING BY COURSE OF DEALING OR USAGE OF TRADE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE OR USE.

Without limiting the foregoing, we do not represent or warrant that the information on the Website or the services are accurate, complete, reliable, useful, timely or current or that the Website or services will operate without interruption or error. We assume no responsibility and will not be liable for any damages to your equipment, data or other property on account of your access to, use of, or browsing on the Website, or inability to do any of the foregoing.

16. Limitation of Liability

UNDER NO CIRCUMSTANCES WILL WE, OUR AFFILIATES, OR ANY OF OUR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, MEMBERS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES: (A) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE OR THE SERVICES; OR (B) SUFFERED AS A RESULT OF YOUR USE OR RELIANCE ON THE WEBSITE.

This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary, punitive or otherwise, including, without limitation, loss of data, income or profits or failure to realize anticipated savings), whether based in contract (including fundamental breach), tort (including negligence), strict liability or otherwise, even if we have been advised of or should have known of the possibility of such damages.

If you are dissatisfied with these Account Holder Terms, your sole and exclusive remedy is to terminate this Agreement. You acknowledge, by your use of the Website or the services, that such use is at your sole risk.

Notwithstanding the foregoing, if for any reason we are found liable for any loss or damage which arises out of or is in any way connected to your use of (or inability to use) the services or the Website, then our the total aggregate liability under such circumstances will not exceed $100.00 (Canadian funds), in aggregate.

17. Indemnification

You agree to indemnify and save harmless SendtoNews, its affiliates, and our respective officers, directors, employees, consultants, representatives, members and agents (in this section, "we" and "us") from and against any claim, cause of action, demand, cost, loss, expense or liability, including without limitation reasonable professional fees, brought against or suffered or incurred by us as a result of your use of the services or the Website, or a breach of this Agreement. Without limiting the foregoing, you assume any and all liability for Submissions uploaded or downloaded with your account credentials, and you agree to defend, indemnify and hold us harmless from and against any and all third-party claims, actions, proceedings, damages and expenses (including without limitation lawyer fees on a solicitor-client basis) and costs, arising out of the breach or alleged breach of a covenant, representation or warranty in this Agreement.

When we are threatened with a suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us as provided above; your failure to provide those assurances may be considered by us to be a material breach of this Agreement. In addition, in the event we are made a party to any claim, suit or action relating to or arising from any services offered by us that is: (a) initiated by you, which is unsuccessful; or (b) initiated by a third party, who Is suing you; you will reimburse us at a reasonable rate for all personnel time and expenses expended by us in response to such claim, suit or action including without limitation, all attorney fees and expenses incurred by us with respect to such response. This defence and indemnification obligation will survive this Agreement and your cessation of use of the Website and our services.

18. Survival

The provisions of Sections 8, 9, 11, 12, 14, 15, 16, 17, 18 and 19 , shall survive termination of the Agreement, howsoever occasioned.

19. Governing Law and Courts; Timing of Claims

This Agreement and your use of the Website and the services will be governed by and interpreted exclusively in accordance with the laws of the Province of British Columbia, and the federal laws of Canada applicable in British Columbia, excluding its conflict of laws rules and all private international laws. You consent and submit to the exclusive jurisdiction of the Courts located in the Province of British Columbia in all disputes arising out of or relating to your use of or inability to use the Website, the services and this Agreement. You agree that any claim or cause of action you may have arising from, connected with, or relating to this Agreement, the Website or our services must be commenced in a court of competent jurisdiction in the Province of British Columbia within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred.

20. Entire Agreement

This Agreement, together with those documents incorporated or referred to herein, constitute the entire agreement between you and SendtoNews relating to your use of the Website and the provision of accounts and related services, and supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and cannot be amended or modified except by the express and explicit agreement of SendtoNews to modify this Agreement in writing, or by SendtoNews making such amendments or modifications available to you pursuant to a modification of this Agreement as permitted herein. No SendtoNews employee or agent has the authority to vary this Agreement. In the event of a conflict between the provisions of the Account Holder Terms and the provisions of any other document or agreement incorporated or referenced herein, these Account Holder Terms will govern to the extent of the inconsistency.