Photodex Corporation, a Texas corporation ("Photodex"), respects the
copyrights of others, and prohibits users from uploading, posting,
distributing or otherwise transmitting any materials on the websites
located at www.photodex.com, web.photodex.com, and www.proshowweb.com
(collectively, the "Website") which violate the copyrights of others.
Pursuant to 17 U.S.C. § 512(c)(3), to report any materials on the Website
that violate the copyrights of others, you must send Photodex a written
communication that includes substantially the following:
A physical or electronic signature of a person authorized to act
on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed,
or, if multiple copyrighted works at a single online site are covered by
a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to
be the subject of infringing activity and that is to be removed or access
to which is to be disabled, and information reasonably sufficient to permit
the service provider to locate the material.
Information reasonably sufficient to permit the service provider to
contact the complaining party, such as an address, telephone number, and,
if available, an electronic mail address at which the complaining party
may be contacted.
A statement that the complaining party has a good faith belief that
use of the material in the manner complained of is not authorized by the
copyright owner, its agent, or the law.
A statement that the information in the notification is accurate,
and under penalty of perjury, that the complaining party is authorized
to act on behalf of the owner of an exclusive right that is allegedly
Pursuant to 17 U.S.C. § 512(g)(3), if you believe that any material you
have uploaded, posted, distributed or otherwise transmitted on the Website
has been removed by mistake or misidentification, AND IF YOU HAVE THE
RIGHT TO UPLOAD, POST, DISTRIBUTE OR OTHERWISE TRANSMIT THE MATERIAL AT
ISSUE, then you may send Photodex a written communication that includes
substantially the following:
A physical or electronic signature of the subscriber.
Identification of the material that has been removed or to which
access has been disabled and the location at which the material
appeared before it was removed or access to it was disabled.
A statement under penalty of perjury that the subscriber has a good
faith belief that the material was removed or disabled as a result
of mistake or misidentification of the material to be removed or disabled.
The subscriber's name, address, and telephone number, and a statement
that the subscriber consents to the jurisdiction of Federal District
Court for the judicial district in which the address is located, or
if the subscriber's address is outside of the United States, for any
judicial district in which the service provider may be found, and that
the subscriber will accept service of process from the person who
provided notification under 17 U.S.C. § 512(c)(1)(C) or an agent of
Photodex's Copyright Administrator
The foregoing written communications (i.e., the above-described takedown notice,
and the above-described counter-notice) must be sent to the following agent of Photodex:
11100 Metric Boulevard, Suite 400
Austin, Texas 78758
Tel.: (512) 674-9903
Photodex suggests that you consult with your attorney before you file
any of the foregoing written communications (i.e., the above-described
takedown notice, and the above-described counter-notice). Any person who
knowingly materially misrepresents that material found on the Website is
infringing, or that material was removed from the Website by mistake or
misidentification, may expose himself/herself/itself to liability.
See 17 U.S.C. § 512(f).
Photodex will show zero tolerance towards any person who it believes
in good faith violates the copyrights of others, especially those who
Photodex may identify as repeat infringers. Accordingly, pursuant to
17 U.S.C. §§ 512(g)(1) and 512(i)(1)(A), Photodex reserves the right
to terminate in appropriate circumstances the ability of any person,
subscriber or account holder of the Website who Photodex may identify
as an infringer or repeat infringer of the copyrights of others.
Dated: October 11, 2010