By using the Service, you agree to be bound by the following Terms and Conditions:

The Service

Your use of the Service is at your sole risk. The Service is provided on an AS IS and AS AVAILABLE basis. Sendies does not warrant that the service will meet your specific requirements and disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. Sendies also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.

Using the Service

You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations. You are responsible for maintaining the confidentiality of your password and are responsible for all activities that occur under the aegis of your account.

• Do not post threatening, harassing, defamatory, or libelous material.
• Do not intentionally make false or misleading statements.
• Do not offer to sell or buy any product or service.
• Do not post material that infringes copyright.
• Do not post information that you know to be confidential or sensitive or otherwise in breach of the law.
• Keep all posts relevant to the Site.
• Sendies will not accept responsibility for information posted.

Property Rights

You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Sendies.

Third Party Content

Sendies takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does Sendies have any obligation to monitor such third party content. We may, but have no obligation to, remove content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, obscene or otherwise objectionable.

Sendies typically displays images as part of posts written by our editors and members. The types of images editors and members are authorized to use include:

• Images licensed from photographic archive vendors
• Images supplied to our editors or released into the public domain by public relations and marketing companies for press purposes
• Reader-submitted images, with the implied representation that the person submitting the image owns the copyright in the image and the right to give it to us for use on our site(s)
• Images published on Flickr or other public photo sites with licenses granted under Creative Commons, with attribution in accordance with the CC license granted in each case
• Images commissioned by Sendies
• Images that we believe to be covered by the Fair Use Doctrine, such as:
• Thumbnail images of 160x160 pixels or less, cropped or reduced in size from the original source
• Images used to illustrate a newsworthy story, where the image itself is the story
• Images used in a transformative manner, such as for parody
• Images so widely distributed that they are deemed to have become part of the news

If Sendies receives notice that an image posted is not in keeping with these terms and conditions or the intended use of the Comments section where it is posted, we reserve to right to remove that image.

If you think we have published an image or text that infringes your copyright, we will address your concerns; however, if the image falls into one of the categories listed above, we believe that our use of the image is legitimate and we will not remove it from the site.

Please note that we will respond only to notices of alleged infringement that comply with the Digital Millennium Copyright Act. The text of the Act can be found at the U.S. Copyright Office Web Site, http://lcWeb.loc.gov/copyright/

To file a notice of infringement with us, you must provide a written communication (by email with an attached and signed PDF or by fax) that sets forth the items specified below. Please do not send us regular mail, as we may not receive it in a timely fashion. In all cases, if you do not hear a response from us within 10 days of submitting a complaint, please telephone us at (212) 655-9524 x432 to confirm that we received your original complaint. Spam blockers sometimes devour important emails from strangers!

To enable us to address your concerns, please provide the following information:

1. For each allegedly infringing image or piece of text that you wish to have removed from one of our sites, provide the exact permanent URL for the page containing the material. 2. Provide information reasonably sufficient to permit us to contact you: an email address is preferred, as well as a telephone contact number. 3. Provide the following information detailing your claim to ownership of the copyright in the allegedly infringing material:

• Proof of copyright in the image or text concerned, namely proof of registration of the Image under the DMCA,

OR, absent such registration,

• a detailed description of where the photograph was taken, by whom, who or what the subject of the image is, AND
• Evidence to support your claim that you own the copyright in the image.

We will not comply with requests to remove an image where the complainant cannot prove that they own the copyright in the image in question.

4. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed." 5. Sign the document and fax it to: (303) 546-6708, Attn: Sendies Legal / DMCA Complaints

OR email it to:

editors@sendies.com

Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that any material on our sites is infringing your copyrights.

Please note that a copy of each legal notice we receive will be sent (with your personal information removed) to Chilling Effects for publication.

You can see an example of such a publication at http://www.chillingeffects.org/dmca512/notice.cgi?NoticeID=861.

We also reserve the right to publish your letter on the site.

Indemnification

You agree to hold harmless and indemnify Sendies and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.

Thank you.