User Information :
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PODDS Account Setup :

• • • User Agreement • • •
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The following is an agreement between Destiny Media Technologies Inc., a British Columbia corporation carrying on business as “PODDS”, hereinafter referred to as the “Lessor” and/or “PODDS”, and the undersigned, representing themselves or the club/business by which they are employed in a professional capacity, hereinafter referred to as the “Subscriber”.

PODDS products are solely intended for promotional use.  Any use of these products beyond this intent is unlawful.  THIS PRODUCT IS RESTRICTED TO USE BY PROFESSIONAL Disc Jockeys and/or commercial end users only.  Any unauthorized sale, resale, distribution, public display, duplication violation of any applicable laws, including federal copyright laws, or any other

misuse intentional or otherwise, is strictly prohibited.  Subscribers violating any of these terms and conditions will be subject to any legal action resulting from such misuse, including, but not limited to, federal prosecution.  All respective copyrights are retained by the artists, producers and/or participating record labels.

The Lessor has entered into a music supply licensing agreement with the AVLA Audio-Video Licensing Agency Inc., hereinafter referred to as the “AVLA”.  The undersigned hereby acknowledges that as a Subscriber they are subject to the terms and conditions of the agreement between the Lessor and the AVLA including, but not limited to, the following:

1. Recorded musical composition embodied on Digital Tracks leased from the Lessor are not to be duplicated, sold or otherwise distributed, pledged, mortgaged or in any other way encumbered.
2. The copyright in the recorded musical compositions embodied on Digital Tracks leased from the Lessor are the property of the AVLA member Record Companies, artists etc;.
3. The term of any lease agreement for Digital Tracks with the Lessor is subject to and terminates upon termination of the agreement between the AVLA and Destiny Media Technologies Inc. (PODDS/Lessor) and all Recorded musical composition embodied on Digital Tracks leased from the Lessor must be returned to the Lessor or its duly authorized representative upon delivery of written notice of termination to the Subscriber.
4. AVLA has the right to enforce the rights and obligations of Lessor herein, in circumstances where the Lessor is unable to or fails to enforce its rights hereinuder.

CAUTION: READ CAREFULLY AND FULLY BEFORE REGISTERING

By accepting the within agreement the Subscriber acknowledges and agrees that:

1. He or she is a professional disc jockey and/or commercial end user and is using the PODDS product only in this professional capacity in accordance with the terms and conditions set out herein.
2. The PODDS product may not, for any reason, be resold, duplicated, exchanged or traded in any way;
3. The PODDS product is for restricted use only, is subject to recall and is not for sale;
4. Destiny Media Technologies Inc. may disable any Leased Sound Recordings of the Subscriber if the Subscriber has not accessed PODDS secure website for 30 days or if this Agreement is terminated for any reason; and
5. The within agreement shall be construed and governed by the laws of the Province of British Columbia applicable therein and the Subscriber irrevocably attorns to the exclusive jurisdiction of the Courts of the Province of British Columbia.
6. The terms and conditions of the agreement between Destiny Media Technologies Inc. and AVLA including those set out elsewhere herein, and which are otherwise contained in that agreement, to the extent that they are applicable to the Subscriber, are binding on the Subscriber.

All  sound recordings are AVLA licensed and CDs are compiled, distributed and leased by Destiny Media Technologies Inc.  “Destiny Media” is a registered trademark of Destiny Media Technologies Inc. and is used under licence by Destiny Media Technologies Inc.