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copyrights

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.

Takedown Notice

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:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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 infringed.

Counter-Notice

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:

  1. A physical or electronic signature of the subscriber.
  2. 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.
  3. 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.
  4. 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 such person.

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:

John Scogin
Copyright Administrator
Photodex Corporation
4030 W Braker Ln
Building 2 STE 100
Austin Texas 78759
Tel.: (512) 674-9903
E-mail:

Disclaimers

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

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