TERMS OF SERVICE

Last Updated:  January 18, 2012

Welcome to SNNWire.com, a website maintained by SNN Incorporated (the “Company”). By
accessing, browsing, or using this website (including any subsite accessible through this website,
the “Site”), any SNNWire.com services (the “Services”), or the SNNWire.com video software
control files (“Software”), including without limitation uploading or viewing any Video Press
Releases, you acknowledge that you have read the following Terms of Services and the
Company’s Privacy Policy, which is incorporated by
reference into and made a part of these Terms of Service (these “TOS”), understand them, and
agree to be bound by them and any additional terms and conditions of use set forth in any
subsite, and all such terms shall be deemed accepted by you.
Although we may try to notify you of major changes to these TOS via email or regular mail, or
by displaying notices or links to notices to you on the Software, these TOS may be amended by
the Company at any time without prior notice. Please check the TOS published on the Site
regularly to ensure that you are aware of all terms governing your use of the Site. Changes to
these TOS are effective at the time they are posted to the Site, and your continued use of the Site
after posting will constitute acceptance of, and agreement to be bound by, those changes.
You represent and warrant that you are at least 18 years old.
1. CONTENT.
a) These TOS apply to all users of the Services and the Software. “Content” includes the text,
software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive
features and other materials you may view on and access through the Site and the Services, or
contribute using the Software. Content, whether publicly or privately transmitted, are provided
“as is” and are the sole responsibility of the person from which such Content originated.
b) You understand that by using the Services 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 the Company with respect thereto.
You understand that the Company is not responsible for the accuracy, usefulness, safety, or
intellectual property rights of or relating to such Content.
c) The Content and all trademarks, service marks and logos on the Site, are owned by or licensed
to the Company, subject to copyright and other intellectual property rights under the law. You
agree not to display or use in any manner, the Content or any trademarks, service marks or logos
on the Site except where it is displayed as part of the Company’s Services, the Software or the
Site without the prior written consent of the Company or the respective licensors of the Content,
trademarks, service marks, or logos.
d) The Content and Services may contain links to third-party websites that are not owned or
controlled by the Company. The Company has no control over, and assumes no responsibility
for, the content, privacy policies, or practices of any third-party websites. In addition, the
Company will not and cannot censor or edit the content of any third-party site. By using the
Services or the Software, you expressly relieve the Company from any and all liability arising
from your use of any third-party website.
e) Accordingly, we encourage you to be aware when you leave the Site and to read the terms and
conditions and privacy policy of each other website that you visit.
2. DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY.
YOU AGREE THAT YOUR USE OF THE SERVICES AND THE SOFTWARE SHALL BE
AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE
COMPANY, ITS SUBSIDIARIES OR AFFILIATES OR RELATED ENTITIES, AND THEIR
OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (THE “COMPANY PARTIES”)
EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION
WITH THE SERVICES, THE SOFTWARE AND YOUR USE THEREOF. THE COMPANY
MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES
LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY
(I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, INCLUDING ANY
UNAUTHORIZED ACCESS TO OR ALTERATION OF THE COMPANY’S
TRANSMISSIONS OR DATA; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF
ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF
THE SERVICES OR THE SOFTWARE; (III) ANY UNAUTHORIZED ACCESS TO OR USE
OF , OR INABILITY TO USE, THE COMPANY’S SERVERS OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE
SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY
BE TRANSMITTED TO OR THROUGH THE SERVICES OR THE SOFTWARE BY ANY
THIRD PARTY; AND (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR
ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR
INABILITY TO USE ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE THROUGH THE SERVICES OR THE SOFTWARE.
THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY
A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR
FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE COMPANY WILL
NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY
MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT
AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT, INCLUDING BUT NOT LIMITED TO THE COMPANY’S NEGLIGENCE,
SHALL ANY OF THE COMPANY PARTIES BE LIABLE TO YOU FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES
WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES
OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF, OR INABILITY
TO USE, THE SERVICES OR THE SOFTWARE; (III) ANY UNAUTHORIZED ACCESS TO
OR USE OF THE COMPANY’S SERVERS OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES,
(V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SERVICES OR THE SOFTWARE BY ANY
THIRD PARTY; AND (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR
ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF
OR INABILITY TO USE ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE THROUGH THE SERVICES OR THE SOFTWARE,
WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL
THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY
TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE
JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE
FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF
ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE
FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT SHALL ANY LIABILITIES UNDER ANY CAUSE OF ACTION EXCEED
THE AMOUNT OF THE FEES PAID BY YOU HEREUNDER, REGARDLESS OF THE
CAUSE OF ACTION, IN TORT, CONTRACT OR OTHERWISE.
YOU UNDERSTAND AND AGREE THAT THE FOREGOING LIMITATIONS ARE A
MATERIAL TERM OF THIS AGREEMENT, AND THAT THE COMPANY WOULD NOT
ENTER INTO THESE TOS WITHOUT SUCH LIMITATIONS.
The Service is controlled and offered by the Company from its facilities in the United States of
America. The Company makes no representations that the Service is appropriate or available for
use in other locations. Those who access or use the Service from other jurisdictions do so at their
own volition and are responsible for compliance with local law.
3. ACCOUNTS.
a) Certain Services offered on or through the Site may require you to open an account (including
setting up an ID and password). You are entirely responsible for maintaining the confidentiality
of your account information, including your password, and for the activity of users utilizing your
user name(s) and password(s), whether or not such transactions are in fact authorized by you.
You agree to notify the Company immediately of any unauthorized use of your account or
password, or any other breach of security.
b) You may not use anyone else’s User ID, password or account, and the Company reserves the
right to remove any Content not submitted under your User ID, password or account. The
Company cannot and will not be liable for any loss or damage arising from your failure to
comply with these obligations.
c) You, and not the Company, are entirely responsible for all Content that you email, transmit or
otherwise make available through the Software or the Services. Under no circumstances will the
Company be liable in any way for any Content, including, but not limited to, for any errors or
omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of
any Content, emailed, transmitted or otherwise made available via the Software, the Services, or
the Site. You agree not to email, transmit or otherwise make available any Content that is
unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene,
libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable
(“Unauthorized Content”) utilizing the Software, the Services, or the Site.
d) You affirm, represent, and warrant that you own or have the necessary licenses, rights,
consents, and permissions to publish Content you submit; and by publishing Content on the Site
you grant the Company a worldwide, non-exclusive, royalty-free, sub-licensable and transferable
license to use, reproduce, distribute, prepare derivative works of, display, and otherwise to
exercise all rights in and to such Content in connection with the Services, the Site and the
Company’s business. You also grant each Site user a worldwide, non-exclusive and royalty-free
license to access your Content through the Site, and to use, reproduce, distribute, and display
such Content as permitted through the Site and under these TOS. The above licenses granted by
you in the Content you submit terminate within a commercially reasonable time after you
remove or delete such Content from the Site. You understand and agree, however, that the
Company may retain, but not display or distribute, server copies of your Content that have been
removed or deleted.
e) You further agree that Content you submit will not contain third-party copyrighted material, or
material that is subject to other third-party proprietary rights, unless you have permission from
the rightful owner of the material or you are otherwise legally entitled to post the material and to
grant the Company all of the license rights granted therein.
f) The Company reserves the right to remove any Content at any time, for any reason or for no
reason, without notice and at our sole discretion.
g) As partial, material consideration for using the Site, you agree and understand that the
Company may display the Company and/or third-party paid advertisements and other
information adjacent to the Content. You further agree and understand that you will not be
entitled to any compensation for any advertisement that is provisioned on the Site, and the
Company shall be entitled to the full amount of all such revenue.
4. INDEMNITY
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold
harmless the Company Parties from any claim or demand, including reasonable attorneys’ fees,
made by any third party due to or arising out of Content you email, transmit or make available
through the Software, Services or the Site, as applicable, your use of or connection to the
Software, the Services or the Site, as applicable, your violation of these TOS, or your violation of
any rights of another. You represent and warrant that your use of the Software, the Services and
the Site, as applicable, shall at all times comply with these TOS and all applicable laws, rules,
and regulations, and you agree to indemnify, defend, and hold harmless the Company any
against any violation thereof to the fullest extent permitted by applicable law. This
indemnification obligation will survive these TOS and your use of the Services, the Software and
the Site.
5. HOSTING SERVICES.
The Company’s Hosting Services are not to be used for distributing Unauthorized Content, as
defined in this TOS. The Company reserves the right to restrict bandwidth use, limiting the
amount of concurrent recipients, and suspend or terminate any violating licenses. Bandwidth
restrictions may result in message recipients experiencing a delay of video being streamed,
increased video buffering times, degradation in video quality and/or inability to view video.
6. COMPLETE AGREEMENT.
These TOS are the exclusive statement of the agreement between you and the Company with
respect to their subject matter and as of their date supersedes all prior agreements, negotiations,
representations’ and proposals, written or oral, relating to their subject matter. The Company
shall not be bound by or be liable to you for any representation, promise, or inducement made by
any agent or person in the Company’s employ. In the event of any inconsistency between these
TOS and any other form used by the Company in connection herewith, the terms of these TOS
shall govern.
7. GENERAL PROVISIONS:
a) No delay, failure, or waiver by the Company to exercise any right or remedy under these TOS,
and no partial or single exercise, shall operate to limit, preclude, cancel, waive, or otherwise
affect such right or remedy, nor shall any single or partial exercise limit, preclude, impair, or
waive any further exercise of such right or remedy or the exercise of any other right or remedy.
b) These TOS shall be governed by and construed in accordance with the laws of the State of
New York, applicable to contracts wholly negotiated, executed and to be performed in such
State.
c) Any controversy or claim arising from or relating to these TOS or the breach thereof shall be
settled by arbitration in New York in accordance with the rules then arising of the American
Arbitration Association. All limitations of liability contained on this Agreement shall apply to
any arbitration brought pursuant to this paragraph. The decision of an arbitrator or tribunal of
arbitrators shall be final and binding upon the parties and enforceable in any court of complaint
jurisdiction in the United States.
d) Failure of the Company to exercise in any respect any of the rights provided herein shall not
be deemed a waiver of any right hereunder.
e) These TOS and the rights and duties hereunder shall not be assignable except upon the written
consent of the Company.
f) If any provision of these TOS shall be held to be invalid, illegal or unenforceable, the validity,
legality or enforceability of the remaining provisions shall be in no way affected or impaired
thereby and shall remain in full force and effect. Such invalid, illegal or unenforceable provision
shall be severed from these TOS and the remaining terms shall be separately enforceable.
g) You agree that any breach or threatened breach of this Agreement by you is likely to cause the
Company damage that is not fully reparable by payment of damages, and further agree that in
such cause, the Company shall be entitled to seek and obtain injunction or other equitable relief
to protect its rights hereunder.