Terms and Conditions of Service and End User License Agreement for HUBDOG

1.1 The Agreement. Société Radio Numérique (SRN) Inc. ("SRN") offers to allow you, as an Individual or as a Company, to use its online service ("HUBDOG"), use the software provided to you by SRN (collectively, the "SRN Software") and participate in the environments that support the service, including without limitation the websites located at www.hubdog.com, (collectively, and together with the SRN Software, the "Service") solely conditioned on your agreement to all of the terms and conditions contained in this Terms and Conditions of Service and User License Agreement (the "Agreement") and your compliance with the posted Community Standards on the HUBDOG website. Your use of the Service as a User defined in Section 1.2, as a Content Provider defined in Section 1.3 and as an Affiliate defined in Section 1.4 constitutes your agreement to all such terms and conditions and your agreement to comply with the Community Standards. To confirm your agreement, you should accept this Agreement. If you do not so agree, you should decline this Agreement, in which case you are prohibited from accessing or using the Service. Accessing or using the Service will be considered acceptance of this Agreement.

If you have any questions regarding these terms and conditions or the Community Standards, please contact a SRN Customer Service representative at support@hubdog.com.

All notices given by you or required under this Agreement shall be faxed to + 1-514-529-0678 Attn.: SRN Customer Service or emailed to support@hubdog.com.

1.2 Users. After establishing your Account defined in Section 2, you may view free Content, which may contain advertising as described in the Advertising Policies in Section 17 and purchase and pay premium Content defined in Section 8 for which you will pay according to the Billing Policies in Section 3. You will remain a User until your Account described in Section 2 is terminated as described in Section 9.1.

1.3 Content Providers. After establishing your Account defined in Section 2, you may provide access to your premium and free Content defined in Section 8 for which Users will pay under the Billing Policies in Section 3 and for which you will be compensated under the premium Content Payment Policies in Section 4 and the Advertising Policies in Section 17. You will remain a Content Provider until your Account described in Section 2 is terminated as described in Section 9.1.

1.4 Affiliates. After establishing your Account defined in Section 2, you may refer other Users (‘Referred User’) and get remunerated under the Affiliate Payment Policies in Section 5 using HUBDOG promotional materials consisting among others of banners, buttons and e-mail signatures for Affiliates. There can only be one Referred User per Affiliate. You will remain an Affiliate until your Account described in Section 2 is terminated as described in Section 9.1.

1.5 Changes to these Terms. SRN may amend this Agreement (including without limitation the pricing terms set forth herein) and/or modify the Community Standards at any time in its sole discretion by posting the amended Agreement or modified Community Standards at www.hubdog.com, another current website designated by SRN or by communicating these changes through the primary contact methods you have established with us. Amendments to the Agreement will be effective after the amended Agreement is posted. Modifications to the Community Standards will be effective immediately upon posting. Your use of the Service after the effective date of any amendments to this Agreement constitutes your agreement to the amendments. You agree to check this Agreement and the Community Standards periodically so you will be familiar with their content as amended or modified from time to time.

2. ACCOUNTS

2.1 Eligibility. You must establish an account with SRN (your "Account") to use the Service. Standard Accounts are permitted only for adult individuals who are 18 years of age or older. Those who meet these standards, open an account and maintain their account in good standing are sometimes referred to in this Agreement as "Users". By accepting this Agreement in connection with a Standard Account you represent that you are an adult 18 years of age or older.

2.2 Registration Obligations. You agree to provide true, accurate, current and complete information about yourself as either an Individual or as a Company as prompted by the registration form ("Registration Data") and maintain and promptly update the Registration Data to keep it true, accurate, current and complete. SRN reserves all rights to vigorously pursue legal action against all persons who misrepresent personal or corporate information or are otherwise untruthful about their identity.

2.3 Account ID. You must provide your full name to identify yourself to SRN staff (your "Account ID") and choose an alias name for your identification in the Service ("Username"). You may not select as your Username the name of another Individual or Company, a name which violates any trademark right, copyright, or other proprietary right, a name which may mislead other Users to believe you to be an employee of SRN, or a name which SRN deems in its discretion to be vulgar or otherwise offensive. SRN reserves the right to delete or change any Alias Name for any reason or no reason. You are fully responsible for all activities conducted through your Account or under your Username.

2.4 Passwords. At the time your Account is opened, you must select a password. You are responsible for maintaining the confidentiality of your password and are responsible for any harm resulting from your disclosure, or authorizing the disclosure of, your password or from use by any person of your password to gain access to your Account or Account ID. At no time should you respond to an online request for a password. SRN will never ask for your password offline or online, except that you will be required to enter your password as part of the log-on process. As an Individual or a Company, you are not allowed to ever disclose your password to another person. As a Company, you are allowed to disclose your password to your employees only if they comply with Section 2.1.

2.5 Account. By using the Service you agree that even though you may retain certain copyright or other intellectual property rights with respect to Content as described in Section 8 that you create or make available while using the Service (as specified in Section 7.3), you do not own the account you use to access the Service, nor do you own any data SRN stores on SRN servers (including without limitation any data representing or embodying any or all of your Content).

2.6 No Internet, WIFI or Mobile Connections. SRN does not provide Internet, WIFI or Mobile access, and you are responsible for all fees associated with your Internet, WIFI or Mobile connection.

2.7 No Web Content Hosting. SRN does not provide Web Content Hosting, and you are responsible for all fees associated with Web Content Hosting.

3. BILLING POLICIES

3.1 HUBDOG Bank Account. As a User described in Section 1.2, you will have to open a HUBDOG Bank Account to facilitate access to Premium Content using your Account defined in Section 2. The balance on your HUBDOG Bank Account cannot be lower then zero. SRN will charge to your HUBDOG Bank Account Access Charges according to Section 3.2. Using your HUBDOG Bank Account, you will comply with the Payment Terms according to Section 3.3.

3.2 Access Charges. Accounts do not include a one-time access payment but might include recurring charges to access the Service (‘Access Subscription Charges’), and may be arranged for varying billing periods as described in Section 3.3 below. In addition to the applicable Access Subscription Charges, SRN will charge you for additional one-time transactions (‘Per-Transaction Charges’) using the SRN Software.

3.3 Payment Terms. All Access Subscription Charges and Per-Transaction Charges for the Service are payable in advance. SRN is not responsible for any charges or expenses you incur resulting from charges billed by SRN in accordance with these Terms of Service (e.g. overdrawn accounts, exceeding credit card limit, etc.). By providing a credit card number, you authorize SRN to continue charging the credit card for all charges due to SRN until you or SRN terminate your Account, defined in Section 2. SRN reserves the right to limit the number of accounts that may be charged to a credit card (e.g., no more than 5 accounts per credit card).

3.4 Billing Periods for Recurring Charges. All Access Subscription Charges will be billed in full at the date of purchase and the next billing will occur on the anniversary of your initial payment.

3.5 Unique Accounts. When an account is created the address on the account must match the address on the credit card. You may register multiple accounts per credit card.

3.6 Changing Plans. If you decide to change your Access Subscription Charges plan, for example from monthly to annually, you may do so at any time by making the change on the My Account page. The new plan will go into effect but your credit card or your HUBDOG Bank Account will be charged with the new rate when your current subscription period billing cycle ends.

3.7 Cancellation and Refunds. Accounts may be cancelled at any time, by going to the My Account page and clicking on "cancel". Upon clicking "cancel," your account will be cancelled immediately, but you will be allowed to use the remaining time according to these Terms of Service unless your account or this Agreement is suspended or terminated based on SRN’s belief that you have violated any clause from this agreement or acted inconsistently with Section 7.1 of this Agreement. THERE WILL BE NO REFUNDS FOR ANY UNUSED TIME ON A SUBSCRIPTION.  

4. CONTENT PAYMENT POLICIES

4.1 HUBDOG Content Provider Account Payable. As a Content Provider described in Section 1.3, you will have to open a HUBDOG Content Provider Account Payable using your Account defined in Section 2 to facilitate payment to you. SRN will comply with the Payment Terms according to Section 4.2.

4.2 Payment Terms. As a Content Providers defined in Section 1.3, you will earn 70% of the cash collected by SRN from Users defined in Section 1.2, that have pay to access your premium Content defined in Section 8, and later from Advertising Brokers defined in Section 17.1 for which SRN will insert Advertising in your free Content with your consent. The rest, 30%, shall be defined as a ‘Transaction Fee’.

4.3 Payment Periods. SRN will pay Content Providers according to the balance of your HUBDOG Content Provider Account Payable at the end of every month (‘Monthly Payment’) starting 60 days after opening your Account defined in Section 2.

4.4 Type of Payment. If the Monthly Payment from your HUBDOG Content Provider Account Payable is equal to or higher then one hundred (100) American dollars, HUBDOG will pay you either by check or by bank electronic transfer. You will have to provide SRN your exact and full address. If you are a Company, you will have to provide the name of the person employed by the company to whom we shall mail each check. If you prefer being paid by bank electronic transfer, you will have to provide to SRN the parameters necessary to complete each bank electronic transfer to your bank account.  If the Monthly Payment from your HUBDOG Content Provider Account Payable is lower then one hundred American dollars, HUBDOG will pay you by depositing the balance indicated in your HUBDOG Content Provider Account Payable into your HUBDOG Bank Account.

4.5 Delays and Banking Fees. SRN will complete payment procedures, issue and mail each check or proceed with each bank electronic transfer as quickly as possible usually before the fifteenth day following the Monthly Payment date. SRN is not responsible for any delays that may occur which is out of SRN’s control. SRN is not responsible for any banking fees that may be charged by your bank to proceed with cashing each SRN’s check or each bank electronic transfer.

5. AFFILIATE PAYMENT POLICIES

5.1 HUBDOG Affiliate Account Payable. As an Affiliate described in Section 1.4, you will have to open a HUBDOG Affiliate Account Payable using your Account defined in Section 2 to facilitate payment. SRN will comply with the Payment Terms according to Section 5.2.

5.2 Payment Terms. As an Affiliates defined in Section 1.4, you will earn 40% of the Transaction Fee defined in Section 4.2 collected by SRN from referred Users defined in Section 1.2 that have purchased premium Content defined in Section 8 from Content Providers, and later from Advertising Brokers defined in Section 17.1 for which SRN will insert Advertising, with their consent, and that has been viewed by your Referred Users in the free Content. This revenue stream paid to the Affiliate caused by any referred User would remain valid as long as the Referred User’s Account described in Section 2 has not been terminated as described in Section 9.1.

5.3 Payment Periods. SRN will pay Content Providers according to the balance of your HUBDOG Affiliate Account Payable at the end of every month (‘Monthly Payment’) starting 60 days after opening your Account defined in Section 2.

5.4 Type of Payment. If the Monthly Payment from your HUBDOG Affiliate Account Payable is equal to or higher then one hundred (100) American dollars, HUBDOG will pay you either by check or by bank electronic transfer. You will have to provide SRN your exact and full address. If you are a Company, you will have to provide the name of the person employed by the company to whom we shall mail each check. If you prefer being paid by bank electronic transfer, you will have to provide to SRN additionally the parameters necessary to complete bank electronic transfer to your bank account.  If the Monthly Payment from your HUBDOG Affiliate Account Payable is lower then one hundred American dollars, HUBDOG will pay you by depositing the balance indicated in your HUBDOG Content Provider Account Payable into your HUBDOG Bank Account.

Delays and Banking Fees. SRN will complete payment procedures, issue and mail each check or proceed with each bank electronic transfer as quickly as possible usually before the fifteenth day following the Monthly Payment date. SRN is not responsible for any delays that may occur which is out of SRN’s control. SRN is not responsible for any banking fees that may be charged by your bank to proceed with cashing each SRN’s check or each bank electronic transfer.

6. LICENSE

6.1 License. Subject to the terms of this Agreement, SRN grants to you a non-exclusive, limited, fully revocable license to use the Service and the SRN Software during the time you have paid for but only as long as you are in full compliance with these terms and conditions. You may not charge any third party for using the SRN Software to access and/or use the Service, and you may not modify, adapt, reverse engineer (except as otherwise permitted by applicable law), decompile or attempt to discover the source code of the SRN Software, or create any derivative works of the SRN Software or the Service, or otherwise use the SRN Software except as expressly provided in this Agreement. You may not copy or distribute any of the written materials associated with the Service. Nothing in this Agreement, or on HUBDOG site, shall be construed as granting you any other rights or privileges of any kind with respect to the Service or Content other than your own. You acknowledge that your participation in the Service does not make you a SRN employee and that you do not expect to be compensated for such participation. Notwithstanding the foregoing, you may copy the SRN Software for backup purposes and may give copies of the SRN Software to others free of charge.

6.2 Internet Service. You acknowledge that SRN is not a traditional software provider; instead SRN acts as a venue and an Internet mobile service provider that may allow people to interact virtually regarding almost any topic, at any time, from anywhere, in a variety of formats. In addition, the Service may allow some users to alter the service environment on a real-time basis. As a result, SRN has very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Service. As a condition of access to the Service, you release SRN (and SRN's shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have or claim to have with one or more Users. You further understand and agree that: (a) SRN will have the right but not the obligation to resolve disputes between Users relating to the Service; (b) to the extent SRN elects to resolve such disputes, it will do so in good faith based solely on the general rules and standards of the Service and will not make judgments regarding legal issues or claims; (c) SRN's resolution of such disputes will be final with respect to the virtual world of the Service but will have no bearing on any real-world legal disputes in which Users may become involved; and (d) you hereby release SRN (and SRN's shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with SRN's resolution of disputes relating to the Service.

6.3 Technical support. The SRN Software is provided as is and SRN has no obligation to furnish you with technical support unless separately agreed in writing between you and SRN.  Technical support is provided via electronic mail at the following address: support@hubdog.com. SRN will use its best efforts to provide you with technical support within forty-eight (48) business hours of your request. Please check SRN’s website to find SRN’s latest contact information.

6.4 All Data Is Temporary. When using the Service, you may record favourites, history, contact and many other data. THIS DATA, AND ANY OTHER DATA RESIDING ON SRN 'S SERVERS, MAY BE RESET AT ANY TIME FOR ANY OR NO REASON.

7. USER CONDUCT

7.1 Participant Conduct. In addition to abiding at all times by the Community Standards, you agree that you shall not: (i) take any action or upload, post, e-mail or otherwise transmit Content that infringes or violates any third party rights; (ii) impersonate any person or entity, including, but not limited to, a SRN employee, or falsely state or otherwise misrepresent your affiliation with a person or entity; (iii) take any action or upload, post, e-mail or otherwise transmit Content that violates any law or regulation; (iv) take any action or upload, post, e-mail or otherwise transmit Content as determined by SRN at its sole discretion that is harmful, threatening, abusive, harassing, causes tort, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, racially, ethnically or otherwise objectionable; (v) take any actions or upload, post, e-mail or otherwise transmit Content that contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (vi) take any action or upload, post, email or otherwise transmit any Content that would violate any right or duty under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (vii) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (viii) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (ix) attempt to gain access to any other user's Account or password; or (x) "stalk" or otherwise harass another user. You agree that SRN may take whatever steps it deems necessary to abridge, or prevent behaviour of any sort on the Service in its sole discretion, without notice to you.

7.2 Abuse. In the event of activity which could be considered deliberately or otherwise abusive or in violation of this Agreement, SRN reserves the right to suspend and/or terminate your account and all SRN-provided services immediately, without advanced notice. SRN reserves the right, at its sole discretion, to make a determination of what constitutes abuse and you agree that SRN's determination is final and binding on you.

7.3 Use as Provided. SRN has designed the Service to be experienced only as offered by SRN at its web site or partner websites. You agree to use the Service only as offered by SRN at its web site or partner websites and not through any other means. You further agree not to create or provide any other means through which the Service may be accessed or used, as through server emulators. You acknowledge that you do not have the right to create, publish, distribute, create derivative works from or use any software programs, utilities, applications, emulators or tools derived from or created for the Service, except that you may use the SRN Software to the extent expressly permitted by this Agreement. You are prohibited from taking any action that imposes an unreasonable or disproportionately large load on SRN's infrastructure.

7.4 Age and Access to HUBDOG. Users under the age of 18 are prohibited from accessing the Service. SRN cannot absolutely control whether minors gain access to the Service, and makes no representation that users are not minors. SRN cannot ensure that other users will not provide Content or access to Content, that parents or guardians may find inappropriate or that any user may find objectionable. You are prohibited from conducting any activity that is not in compliance with the Community Standards.

7.5 DO NOT DRIVE. Do not drive or operate other equipment while using HUBDOG.  You are solely responsible for observing all traffic regulations and safe driving practices while using this product.

7.6 GOOD JUDGMENT. You must also use good judgment and common sense when responding to any Content provided through HUBDOG.  DO NOT MAKE SIGNIFICANT DECISIONS BASED ON THE CONTENT PROVIDED.  You must independently verify the information before acting.  Neither SRN nor any Content Provider using SRN warrants the information is accurate and neither is liable to you for any adverse consequences of such actions.

8. CONTENT

8.1 Content. As a User defined in section 1.2, you acknowledge that: (i) by using the Service you may have access to graphics, sound effects, music, video, audio, animation, text and other creative output (collectively, "Content"), and (ii) Content may be provided to you under license by other Users that are Content Providers. SRN does not pre-screen Content. YOU UNDERSTAND AND AGREE THAT SRN HAS THE RIGHT, BUT NOT THE OBLIGATION, TO REMOVE ANY CONTENT (INCLUDING YOURS) 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.

8.2 Respect of all rights in Content. As a User defined in section 1.2, you acknowledge that SRN and other Content Providers have rights in their respective Content under copyright and other applicable laws and treaty provisions, that they retain all such rights and that you accept full responsibility and liability for your use of any Content in violation of any such rights. 

8.3 Rights for Content Providers. As a Content Provider defined in section 1.3, SRN acknowledges that you have rights in your Content Worldwide, for an unlimited period of time and for any distribution channel, including computers, personal devices assistant (PDA), Pocket PCs, SmartPhones, Mobile Phones, Cellular Devices, Game Devices or any other devices, under copyright and other applicable laws and treaty provisions, that you retain all such rights and that SRN accepts full responsibility and liability for your use of any Content in violation of any such rights with the exception of section 8.4.

8.4. Use of Content from Content Providers.   By accepting this Agreement, including the Content Payment Policies defined in section 4, and uploading, sending or otherwise making available some or all your Content as defined in section 8.3 to SRN, you, as a Content Provider defined in section 1.3, are directing and authorizing SRN to, and granting SRN a non-exclusive right and license to cache, route, transmit, store, copy, modify, distribute, perform, display, reformat, excerpt, facilitate the sale or rental of copies of your Content, analyze, and create algorithms based on your Content in order to (i) index your Content on the HubDog Suggestion Pages and by keywords; and (ii) display, perform and distribute your Content, in whole or in part, in the territory(ies) and for a period of time designated while establishing and maintaining your Account as defined in section 2, in connection with SRN products and services now existing or hereafter developed, including without limitation for syndication on third party sites; and in connection with each of the uses, if any, of your Content on the HubDog suggestion pages and keywords lists.  If you do not indicate a specific territory to your content, SRN will offer your Content Worldwide. If you do not indicate the first day and the last day where SRN may offer to Users your Content, SRN will make available your Content for an indefinite period of time. If you do not indicate the specific devices on which your content may not be distributed on, SRN will offer your Content to all devices, including computers, personal devices assistant (PDA), Pocket PCs, SmartPhones, Mobile Phones, Cellular Devices, Game Devices or any other devices. This license gives SRN the right to display your Content via streaming and/or downloading technologies, and to display limited excerpts of your Content for no fee to the end user. SRN may in its sole discretion display a link or links to the website you designate (subject to SRN's approval) on the HubDog suggestion pages and keywords lists in connection with any display of your Content, and to display later links to third party commercial retailer web sites where purchases of your Content may be available, to the extent such third party commercial retailer web site serves as a distributor of your Content. You expressly agree that any and all links provided by You shall function properly and effectively to allow end users to transfer immediately to the intended and indicated site(s), and that you are solely responsible for maintaining and updating as necessary any such links.  Failure to do so may result in immediate termination without notice to you.  Unless you specify otherwise in your Account, SRN reserves the right to display advertisements in connection with any display of your Content. Notwithstanding the foregoing, SRN is not required to index, or display any of your Content uploaded or otherwise provided to SRN, and may remove or refuse to index or display any your Content. SRN is not responsible for any loss, theft, intellectual property infringement or damage of any kind to your Content.

9. INTERRUPTION OF OR CHANGES TO SERVICE

9.1 Termination. Either party may terminate the Service at any time by notifying the other party by any means. SRN has the right at any time for any reason or no reason to suspend or terminate your Account, terminate this Agreement, and/or refuse any and all current or future use of the Service without notice or liability to you. Upon request from SRN, you agree to delete any electronic or printed copies of information or software programs that you received from SRN. In the event that SRN suspends or terminates your Account or this Agreement, you understand and agree that: (a) you shall receive no refund or exchange for any unused time on a subscription, any money in your HUBDOG Bank Account that you hold, or for anything else. No money will be returned to you in the event that your Account is terminated due to suspicions of fraud, violations of other laws or regulations, or deliberate disruptions to or interference with the Service. All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

9.2 Interruption. SRN reserves the right to interrupt the Service with or without prior notice for any reason or no reason. You agree that SRN will not be liable for any interruption of the Service, delay or failure to perform, and understand that you shall not be entitled to any refunds of fees for interruption of service or failure to perform.

9.3 Changes. SRN has the right at any time for any reason or no reason to change and/or eliminate any aspect(s) of the Service as it sees fit in its sole discretion.

10. PRIVACY

10.1 Privacy Policy. The personal information you provide SRN during registration is used for SRN's internal purposes only. SRN uses the information it collects to learn what you like and to improve the Service. Except as otherwise expressly permitted by this Agreement or as otherwise authorized by you, SRN will not give any of your personal information to any third party without your express approval except as reasonably required by law, as authorized by this provision or as necessary to protect SRN, its agents and other Users. SRN does not guarantee the security of any of your private transmissions against unauthorized or unlawful interception or access by third parties. SRN can (and you authorize SRN to) disclose any information about you to private entities, law enforcement agencies or government officials, as SRN, in its sole discretion, believe necessary or appropriate to investigate or resolve possible problems or inquiries, or as otherwise required by law. If you request any technical support, you consent to SRN's remote accessing and review of the PDA onto which you load SRN Software for purposes of support and debugging. You agree that SRN may communicate with you via email and any similar technology for any purpose relating to the Service, the SRN Software and any services or software, which may in the future be provided by SRN or on SRN's behalf.

10.2 SRN Observation. You acknowledge and agree that SRN, in its sole discretion, may track, record, observe or follow any and all of your interactions within the Service.

11. COPYRIGHT. The SRN Software is owned by SRN and is protected by Canada copyright laws and international treaty provisions. SRN own and retain all right title and interest in and to the SRN Software, including patents, trademarks, copyrights, trade secrets and other intellectual property rights embodied or contained therein.

12. TRADEMARKS. This Agreement does not grant you any rights in connection with any trademarks or service marks of SRN.

13. PROTECTIONS AND SECURITY. The End-User agrees to use its best efforts and to take all reasonable steps to safeguard the SRN Software to ensure that no unauthorized person shall have access thereto and that no unauthorized copy, publication, disclosure or distribution in whole or in part, in any form, shall be made. The End-User acknowledges that the SRN Software contains valuable confidential information and trade secrets and that unauthorized use and/or copying are harmful to Licensor.

14. RESERVATION OF RIGHTS AND OWNERSHIP. SRN reserves all rights not expressly granted to you in this Agreement. Copyright and other intellectual property laws and treaties protect the SRN Software. SRN own the title, copyright, and other intellectual property rights in the SRN Software. The SRN Software is licensed, not sold.

15. LINKS TO THIRD-PARTY SITES. You may link to third-party sites through the use of the SRN Software. The third-party sites are not under the control of SRN, and SRN is not responsible for the contents of any third-party sites, any links contained in third-party sites, or any changes or updates to third-party sites. SRN is not responsible for data received from any third-party sites. SRN is providing these links to third-party sites to you only as a convenience, and the inclusion of any link does not imply an endorsement by SRN of the third-party site.

16. ADDITIONAL SRN SOFTWARE/SERVICES. This Agreement applies to updates, supplements, add-on components, or Internet-based services components of the SRN Software that SRN may provide to you or make available to you after the date you obtain your initial copy of the SRN Software, unless we provide other terms along with the update, supplement, add-on component, or Internet-based services component. SRN reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of the SRN Software.

17. ADVERTISING POLICIES

17.1 Advertising Rights. SRN reserves the right to run advertisements and promotions on the SRN Software and later within the free Content with the consent of the Content Provider using Advertising Brokers.

17.2 Advertising Consent by User. By accepting the terms of this Service as a User as defined in Section 1.2, you agree that SRN have the right to run advertisements and promotions on your computer, personal device assistant (PDA), Pocket PC, SmartPhone, Mobile Phone, Cellular Device, Game Device or any other device without compensation to you as a User.

17.3 Advertising Consent by Content Provider. By accepting the terms of this Service as a Content Provider as defined in Section 1.3, SRN may with your consent have the right to run advertisements and promotions inserted in SRN Software with your free Content described in Section 8 viewed by Users as defined in Section 1.2 on their computer, personal device assistant (PDA), PocketPC, SmartPhone, Mobile Phone, Cellular Device, Game Device or any other device with compensation to you as a Content Provider according to the Content Payment Policies described in Section 4.  However, there is no compensation to you as a Content Provider for any or all advertisements within the pages at www.hubdog.com.

17.4 Management of SRN Advertising. The timing, frequency, placement and extent of advertising by SRN within the pages www.hubdog.com and the SRN Software is subject to change and shall be determined by SRN at SRN’s sole discretion.

17.5 Management of Advertising on your Content. The timing, frequency, placement and extent of advertising by SRN within the free Content described in Section 8 is subject to change and shall be determined by SRN and the Content Provider as described in Section 1.3 at SRN’s and the Content Provider’s sole discretion.

17.6 Other Sources of Advertising on your Content. As a Content Provider as defined in Section 1.3, your may also have other sources of Advertising on your Content, without the involvement of SRN, correspond or do business dealings with or participate in promotions of advertisers including payment and delivery of related goods or services.  Terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers. You agree that SRN is not 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 SRN Software and/or the www.hubdog.com web site.

17.7 SRN Responsibilities. As a Content Provider defined in Section 1.3, SRN reserves the right later to run advertisements and promotions within your free Content with your consent. SRN will then comply with the Content Payment Policies described in Section 4.

18. NO WARRANTY AND DISCLAIMER    

18.1 Disclaimer. SRN PROVIDES THE SERVICE, THE SRN SOFTWARE, THE ACCOUNT AND ALL OTHER SERVICES STRICTLY ON AN "AS IS" BASIS, PROVIDED AT YOUR OWN RISK, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, SRN does not ensure continuous, error-free, secure or virus-free operation of the Service, the SRN Software or your Account, and you understand that you shall not be entitled to refunds for fees based on SRN’s failure to provide any of the foregoing. Some states do not allow the disclaimer of implied warranties, and to that extent, the foregoing disclaimer may not apply to you.

19. LIMITATION OF LIABILITY. IN NO EVENT SHALL SRN OR ANY OF ITS SHAREHOLDERS, PARTNERS, AFFILIATES, DIRECTORS, OFFICERS, SUBSIDIARIES, EMPLOYEES, AGENTS, SUPPLIERS, LICENSEES OR DISTRIBUTORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SERVICE (INCLUDING ITS MODIFICATION OR TERMINATION), THE SRN SOFTWARE, YOUR ACCOUNT (INCLUDING ITS TERMINATION OR SUSPENSION) OR THIS AGREEMENT, WHETHER OR NOT SRN MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN ADDITION, IN NO EVENT WILL SRN 'S CUMULATIVE LIABILITY TO YOU FOR DIRECT DAMAGES OF ANY KIND OR NATURE EXCEED FIFTY DOLLARS (U.S. $50.00). Some states do not allow the foregoing limitations of liability, so to the extent that it is impermissible, this limitation may not apply to you. You agree that SRN cannot be held responsible or liable for anything that occurs or results from accessing or subscribing to the Service.

20. INDEMNIFICATION. At SRN's request, you agree to defend, indemnify and hold harmless SRN, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors, Content Providers, and other Users of the Service, from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from any breach of this Agreement by you, or from your use of the Service.

21. EXPORT CONTROLS. You agree to fully comply with all laws and regulations of the Canada and other countries ("Export Laws") to assure that neither the SRN Software nor any direct products thereof are exported, directly or indirectly, in violation of Export Laws, or are used for any purpose prohibited by Export Laws, including, without limitation, nuclear, chemical or biological weapons production.

22. APPLICABLE LAW. The SRN Software is owned by SRN from its offices within the Province of Quebec, Canada. By accessing or using the SRN Software, you agree that all matters relating to your access to, or use of, the SRN Software and/or the Content described in Section 8 shall be governed by the laws in the Province of Quebec and the laws in Canada, without regard to the conflict of laws principles thereof. You agree and hereby submit to the non-exclusive jurisdiction of the Federal Court of Canada and/or the courts of the Province of Quebec with respect to such matters. You agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply. 

23. ENTIRE AGREEMENT AND SEVERABILITY. This Agreement (including any addendum or amendment to this Agreement which is included with the SRN Software) are the entire agreement between you and SRN relating to the SRN Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to the SRN Software or any other subject matter covered by this Agreement. To the extent the terms of any SRN policies or programs for support services conflict with the terms of this Agreement, the terms of this Agreement shall control. If any provision of this Agreement is held to be void, invalid, unenforceable, or illegal, the other provisions shall continue in full force and effect.