These General Terms and Conditions (the "General 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"). Your use of the website located at www.sendtonews.com (the "Website") constitutes your acceptance of the Agreement. Therefore, please take the time to review them carefully.
If you do not agree with some or all of these General Terms, do not use the Website.
Last revised September, 2011.
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.
We reserve the right to update or modify (collectively "change") the terms of this Agreement (including those documents that are incorporated herein by reference) at any time and from time to time, without prior notice to you. Your use of the Website following any such change constitutes your agreement to follow and be bound by such changes. For this reason, we encourage you to review this Agreement (and all documents incorporated by reference, as set out below) whenever you visit the Website. We will include a "last revised" date on this Agreement as displayed on the Website.
In addition to any other rights or remedies available to us, in our sole discretion we may terminate or restrict your access to this Website or any component thereof at any time, without notice or liability to you.
All of the content on or made available via the Website, including without limitation all of the page headers, images, illustrations, graphics, audio clips, video clips, multimedia clips, interfaces and text (collectively "Material") is the property of SendtoNews or its licensors-as are all trade-mark, copyright, patent and/or other intellectual property rights arising therefrom.
The Material is protected under copyright, trade-mark and other laws of Canada and other countries, and SendtoNews owns all copyright in the selection, co-ordination, arrangement and enhancement of the Material.SENDTONEWS™ and the Arrow Logo™ are trade-marks and/or trade names of SendtoNews. All other company names, brand names, trade-marks and logos are the property of their respective owners. Nothing contained on the Website will be construed as granting any license or right to use any trade-marks (whether by implication or otherwise), including SendtoNews' trade-marks, except with the express written permission of SendtoNews or such other party that may be the owner thereof.
You may download, print and store selected portions of the Material provided that you: (1) only use these copies of the Material for your own personal, non-commercial use; (2) do not copy or post the Material on any network computer, or broadcast or redistribute the Material in any media or through any other channel; (3) do not modify or alter the Material in any way; and (4) do not delete, obscure or change any copyright, trade-mark or other proprietary notice contained in the Material.
Your use of any of the Material (whether in whole or in part) is strictly prohibited, except only and to the limited extent expressly permitted above. Without limiting the foregoing, you must not frame, mirror, scrape, or mine any of the Material except with our prior written consent. (To request permission to do any of the above, please contact SendtoNews at support@SendtoNews.com). Except as indicated by our robots.txt or similar file, you may not use any robot, spider, other automatic device or manual process to monitor or copy web pages or the Material. You may not, whether directly or indirectly, use any device, software or routine or otherwise interfere or attempt to interfere with the proper working of the Website. You will not take any action that places a disproportionately large load on the infrastructure of the Website.
We may enforce our rights to the fullest extent of the law should you breach any of these terms and conditions.
We welcome your comments and other feedback regarding the Website, and SendtoNews products and services. In the event you provide us with any communication or material (whether through this Website, by electronic mail or otherwise) including any data, questions, comments, suggestions, testimonials or the like (all of which are collectively called "Feedback"), you grant us a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to delete, reproduce, modify, adapt, publish, translate, share, rent, lend, create derivative works from, distribute, commercialize, communicate by telecommunication, display and otherwise use such Feedback throughout the world in any media, now known or hereafter developed for any purpose, and you waive any and all moral rights in the Feedback. You also agree that we are free to use any ideas, concepts, know-how, or techniques contained in any Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. You also grant us the right to use the name you submit (if any) with such Feedback, in connection with our rights hereunder. Additionally, at our request you agree to sign and deliver to us all further documents and assurances that we may request in connection with the licenses, assignments, transfers, releases and waivers contemplated by this section.
By providing Feedback, you warrant that the content of such Feedback is not subject to any third party copyright or any other proprietary rights, and that you have full capacity and authority to provide such Feedback.
You must not submit, publish or otherwise disseminate to SendtoNews or through the Website anything which: (a) defames, libels or invades the privacy of any person; (b) is obscene, pornographic, abusive or threatening; (c) infringes on any intellectual property or other rights of any person or entity; (d) has contaminating or destructive properties (i.e. software viruses); (e) violates any law; (f) advocates or describes any illegal activity; or (g) advertises or solicits funds for goods or services. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials.
The Website may contain links to other web sites. These links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by SendtoNews of the linked web site or information contained therein. Your use of such sites and your dealings with the owners or operators thereof are at your own risk.
The Website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior or any notice to you.
All Material is provided "as is", "where is", "as available", without representations or warranties of any kind. TO THE FULL EXTENT PERMITTED BY LAW, SENDTONEWS, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, MEMBERS AND 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 Material is accurate, complete, reliable, useful, timely or current or that the Website will operate without interruption or error. We assume no responsibility, and are not liable for, any damages to your computer equipment, data or other property on account of your access to, use of, or browsing on the Website or your downloading of any Material, or inability to do any of the foregoing. We make no representation that the Material provided on the Website is applicable or appropriate for use in locations outside of Canada.
Your use of this Website is undertaken at your own risk. Under no circumstances will SendtoNews, our members or agents be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to or use of this Website, your reliance on any Material, or any consequences flowing therefrom. 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 BENEFITS), 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.
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 Website or Material, then our total aggregate liability under such circumstances will not exceed $10.00 (Canadian funds), in aggregate.
If you are dissatisfied with the Website, any Material or with this Agreement, your sole and exclusive remedy is to discontinue using the Website.
You agree to indemnify and save harmless SendtoNews, our affiliates, and their respective directors, officers, agents, members and suppliers (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 Website or your breach of this Agreement. When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; 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 termination of this Agreement and your cessation of use of the Website.
This Agreement and your use of the Website 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 irrevocably 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.
The terms of this Agreement are severable. If any provision of this Agreement is determined to be unenforceable or invalid, then such provision will be enforced to the fullest extent permitted by applicable law, and such determination will not affect the validity and enforceability of any other remaining provisions.
Use of the Website and consumption of the services is unauthorized in jurisdictions that do not give effect to this Agreement or where access to or use of Website or the services may be illegal or prohibited. Those who choose to access the Website or use the services from such locations do so on their own initiative, at their own risk and are responsible for compliance with local laws, if and to the extent local laws are applicable.
No consent or waiver by either party to or of any breach or default by the other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties.
The provisions of this Agreement will enure to the benefit of and be binding upon each of SendtoNews and its successors and assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of SendtoNews which may be withheld in SendtoNews's sole discretion. SendtoNews may assign this Agreement and its rights and obligations under this Agreement without your consent or notice to you.
The provisions of Sections 4, 6, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 will survive termination of the Agreement, howsoever occasioned.
This Agreement, together with those documents incorporated or referred to herein, constitutes the entire agreement between you and SendtoNews relating to your use of the Website 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.