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DIGITAL MILLENNIUM COPYRIGHT ACT POLICIES AND PROCEDURES

This Web site is owned and operated by GISTICS, Inc. It is our policy to respond to proper notices of alleged copyright infringement as provided under the United States Digital Millennium Copyright Act (17 U.S. C. 512, a copy of which can be found at the U.S. Copyright Office Web site, http://www.copyright.gov/title17/92chap5.html#512). This Policy describes the information that must be present in any such notice. GISTICS wants to make submitting a notice of alleged infringement to us as clear as possible to reduce the number of notices we receive that are fraudulent or difficult to understand or verify. The form of notice specified below complies with the requirements of the DMCA for citizens of the United States, although we will endeavor to respond to similar-type notices from other jurisdictions as well.

Regardless of whether we may be liable for such infringement under United States law or the law of some other country, our response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the person who posted the content so that they may make a counter notification. The proper form and use of a counter-notification by the provider of affected content is discussed below.

To file a notice of infringement with us, you must provide a written communication that sets forth all of the items specified below. Please note: you can be held liable for damages (including costs and attorneys' fees) if you materially misrepresent that content posted on the Web site is infringing your copyrights. The amount of such damages can be very substantial. Accordingly, if you are not sure whether material available on our Web site infringes your copyright, we suggest that you first contact an attorney.

We request that you use the following format for your request, including the same section numbers, as it tracks the requirements of the DMCA. This will assist us to process your request expeditiously.

  • Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed. We need to be able to identify and locate the work you believe has been infringed. If, for example, it is a book, give us the title, author, publisher, and date of publication at a minimum. References to specific portions (if less that the whole work is involved) would also be helpful. If, for example, it is content published elsewhere on the web, please give us a valid link to the material.
  • Identify the material on the GISTICS Web site that you claim is infringing the copyrighted work listed in item #1 above and that is to be removed or access to which is to be disabled. Please be as detailed as possible so that we can locate the material. If the material you claim is infringing is the result of a link on our site, please provide us with that link.
  • Provide information reasonably sufficient to permit GISTICS to contact you (your address, telephone number and, preferably, you email address).
  • You must include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
  • You also must include the following statement: "I declare under penalty of perjury that the information in this 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."
  • You must sign the document with your physical or electronic signature.
  • We strongly urge you to send your notice via regular mail or facsimile rather than by email. The requirements for an electronic signature can be complex. Unless you have a proper electronic signature from a recognized electronic signature vendor so that we can verify your identity, we will not recognize your notice. Please send your written communication to the following address:
  • Emergency Removal Request
    GISTICS, Inc. 4171 Piedmont Avenue, Suite 210 Piedmont, CA 94611 E-mail: DMCA.complaints@gistics.com
    OR fax to: (510) 601-0563, Attn: GISTICS Legal Support, DMCA Complaints

Counter Notification

The provider of affected content may make a counter notification to us pursuant to Sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question.

To file a counter notification with us, you must provide a written communication that sets forth all of the items specified below. Please note: you can be held liable for damages (including costs and attorneys' fees) if you materially misrepresent that content posted on the Web site is not infringing the copyrights of others. The amount of such damages can be very substantial. Accordingly, if you are not sure whether certain material available on our Web site infringes the copyrights of others, we suggest that you first contact an attorney.

To expedite our ability to process your counter notification, please use the following format (including section numbers):

  • Identify the specific material or content that GISTICS has removed or to which GISTICS has disabled access, and the location at which the material appeared before it was removed or access to it was disabled.
  • You must provide your name, address, and telephone number. We also request that you provide us with your email address.
  • You must include a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Alameda County, California if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) of the DMCA or an agent of such person.
  • You must include the following statement: "I declare under penalty of perjury that I have a good faith belief that the material or other item of content identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.”
  • You must sign the document with your physical or electronic signature.
  • We strongly urge you to send your counter notice via regular mail or facsimile rather than by email. The requirements for an electronic signature can be complex. Unless you have a proper electronic signature from a recognized electronic signature vendor so that we can verify your identity, we will not recognize your counter notice.

    • Please send your written communication to the following address: GISTICS, Inc Attn: DMCA Counter Notification 4171 Piedmont Avenue, Suite 210 Piedmont, CA 94611 E-mail: info@gistics.com
    OR fax to: (510) 601-0563, Attn: GISTICS Legal Support, DMCA Counter Notification

    http://www.gistics.com (the “Web site”) warmly welcomes all potential users, contributors, experts, sponsors, and just the plain curious to this Concept-Market Web site, created for all those interested in speeding their video assets to the web. This Web site and URL are owned and operated by GISTICS, Inc., 4171 Piedmont Avenue, Suite 210, Oakland, CA 94611. We are dedicated to making this Web site THE on-line destination for all persons who share our interest. We will accomplish this goal by providing the most extensive and thought provoking content available and a suite of services to build a user community.

    We aim to provide an open forum for ideas, debate and learning, and to facilitate interaction between all components of the worldwide online video market. Participants are likely to come from the millions who comprise the rapidly-expanding video community, including industry professionals, academics, technical journalists, students, government officials and amateur enthusiasts.

    Subject to certain legal constraints and the specific terms and conditions of this “Privacy Policy and Terms of Use Agreement” (hereinafter, this “Agreement”), we are making the Web site a free portal where you can participate in our Community Services and upload and download Content. We can do this only because of the generosity of our Sponsors, who are major solution providers to this marketplace. This Web site is a dynamic equilibrium between you and our Sponsors: in exchange for providing us and our sponsors with personal information about you—who you are, what you and your company are seeking/doing/planning, and where you are interested in driving this market-place—we will provide you with the information you need to make the decisions that are critical to the success of your enterprise. For free. We believe this to be a generous proposition, and hope you will accept our offer.

    We understand that try as we might, not everyone will want their Personally Identifiable Information to be shared with our Web site Sponsors in exchange for full and free participation and free downloads. Therefore, we give you choices about how you can participate in this Web site. In lieu of our disclosing your PII to our Sponsors, you will be giving the opportunity to participate on a fee for services basis: you will have to pay us to register to become a User and participate in Community Services, as well as pay specific fees to download Content. You still will have to agree to all of the terms and conditions of this Agreement, as we will be collecting (but not disclosing) your PII, and your use of the Web site must comply with our Terms of Use. This is more fully described hereinbelow in Section 2.2 of our Privacy Policy. Please read this Agreement carefully. Once you have affirmatively indicated your acceptance of this Agreement by clicking on the “I Accept” button on the Web site, you have created a legally binding agreement between you and GISTICS covering all of the provisions of this Agreement. If you do not agree with any of the provisions of our Privacy Policy and Terms of Use, please exit the Web site. Your use of this Web site in any way or capacity constitutes acceptance of this Privacy Policy and Terms of Use Agreement.

    PRIVACY POLICY

    1. WHEN AND HOW WE COLLECT INFORMATION

    1.1. Personally Identifiable Information
    For purposes of this Agreement, the term Personally Identifiable Information (“PII”) means any information about an individual that can be used to distinguish or trace an individual’s identity. PII includes, but is not limited to, not limited to: your name, company name, title and department in which you work, your industry group, address, phone number, fax number, e-mail address, and business plans of you or your company as they pertain to the video asset marketplace, and plans you or your company may have to purchase goods and/or services, and any other personal information which is linked or linkable to an individual. We generally collect PII as follows:

    1.1.1. Registration
    In order to access the Web site and avail yourself of its free features and content, all prospective users of the Web site must first accept all of the terms and conditions of this Agreement. Then you must complete our User Registration Application so that you may become a registered user of the Web site (“Registered User” or “User”) and gain access to the Web site. This Application will collect PII about you and your business. We want to be able to provide you with the best and most useful content and services, as well as offer you opportunities to obtain other products and services from our Sponsors. We may also collect this kind of information under other circumstances, such as when you register for one of our events or register to use certain of our Community Services (like viewing special webcasts, downloading White Papers and subscribing to email newsletters). Potential users of the Web site who wish to keep their PII from our Sponsors will also have to complete a User Registration Application so we can monitor compliance with other terms and conditions of this Agreement. However, upon payment of the fees provided for in such Application, such persons’ PII will not be disclosed. Users also wishing to become Contributors to the Web site will be required to complete our Web site Contributor Registration Application, which must be approved by GISTICS before material can be submitted to be included as Content for the Web site.

    Users also wishing to become certified as an Expert will similarly be required to complete our Web site Expert Registration Application. In regard to both Applications, and with regard to any other form of registration that may be instituted for any other service or offering that we may provide on the Web site, Users will generally be required to give us additional and more detailed PII so that we can confirm your eligibility for such classification and/or participation. In addition, we will require that all Users who become Experts identify themselves while on the Web site by their given name rather than by an anonymous “handle” or “avatar.” Potential users of the Web site who wish to keep their PII from our Sponsors will not be permitted to become Contributors or Experts.

    1.1.2. Transaction Information
    While generally access to our Web site and Content is free for those who permit their PII to be disclosed to and used by our Sponsors, there may be circumstances when you order products or services from our Web site for which there is a charge. In that case, and if you opt out from disclosing your PII to our Sponsors, you will be asked to complete a payment form that requests certain PII from you, including a credit card number and expiration date and general contact details.

    1.1.3. Links to Other Sites
    In order to generate additional revenue so that the Community Services and Content on the Web site can be provided to you for free, the Web site may contain links to certain other sites that sell related products, such as Amazon.com. In some instances, we will share demographic information on our users with such sites, but again, this information is shared on an aggregate basis only. Please note that you may be required to register with a site that links to the Web site in order to take advantage of that site’s services (for example, ordering a book through Amazon.com that was recommended on our Web site). We cannot be responsible for the privacy practices of these sites; you should refer to these sites’ privacy policies for details.

    1.2. Collection of Anonymous Information
    We also collect information about you and your use of the Web site that is not generally capable of being identified with you personally. This is done as follows:

    1.2.1. We Use Cookies and Other Tracking Technologies
    GISTICS logs IP addresses and browser types, but we do not link IP addresses to personally identifiable information. This means that, while a user’s session is tracked, the identity of that user remains anonymous. We also use these IP addresses to analyze trends, administer the site and gather broad demographic information for aggregate use. Cookies are used for the same reasons. Cookies are small pieces of information stored on your computer’s hard drive that allow us to monitor what sort of content on the Web site you find most interesting. By better understanding how you and our other users are using the Web site, we can develop tools and customize content to personalize and improve everyone’s experience. We also use cookies to remember your passwords for you (so that you do not have to keep re-entering them each time you come back to the Web site) and to better target that advertising on the Web site that we think will be of most interest to you. Your privacy and security are not compromised when you accept a cookie from the Web site because we do not use cookies to collect personal information. Please note, however, that advertisers on our site may also serve you their own cookies when you click through to their sites. We have no access to or control over these cookies once any of these third parties have been given permission to set cookies. This Web site Privacy Policy covers the use of cookies by the Web site only and does not cover the use of cookies by any other person or entity. Of course, you can choose not to accept the cookie by adjusting your browser settings but, if you choose to do so, you may not be able to take full advantage of the Content on the Web site, or participate in the Community Services.

    1.2.2. Third Party Advertising and Our Sponsors
    We may use third-party advertising companies (or the companies that serve up advertisements on their behalf) to track and store certain anonymous information about the Users of the Web site. Additionally, we have authorized our Sponsors to use cookies and related technologies on our Web site in connection with, for example, their advertisements and surveys. While GISTICS does not control this process or have access to the information gathered by these advertisers/Sponsors on the Web site, we did want to make your aware of the practice. Although different advertisers and Sponsors may collect different information, the information gathered generally includes such things as: (i) the anonymous cookie ID associated with the User’s computer; (ii) portions of the User’s Internet Protocol (IP) address that identify the User’s domain name and the general geographical area in which the User is located; (iii) the particular ad(s) viewed by the User and the date, time and duration of that viewing; and (iv) whether the User clicked on an ad (or any information within it). This anonymous tracking process is not supposed to reveal the User’s name, phone number, mailing address, e-mail address, or any other PII. Instead, the tracking system is designed merely to show the advertiser how and when the User’s computer moved to different ads on the site. Unless the User voluntarily provides personally identifying information, for instance, by requesting that he or she be sent specifications on a particular product or service, the personal identity of the User should remain unknown to the advertiser. We have no access to or control over this information once any of these third parties have been given permission to set cookies. This Privacy Policy covers the use of cookies by GISTICS only and does not cover the use of cookies by any other person or entity.

    2. HOW WE USE THE INFORMATION
    2.1. Free Access and Free Content
    For Users who desire free access to the Web site and all of its Community Services, as well as the ability to download free Content, the following provisions state how we will use your PII.

    2.1.1. Generating Sales Leads We use the Personally Identifiable Information that we collect to contact Users about services on our site for which they have expressed interest, and to inform our Sponsors and their affiliates of leads and/or other business opportunities. By providing this information to us you expressly consent to being contacted by us and/or by our Sponsors via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, in order that we may provide the services set forth on the Web site, and that our Sponsors may have an opportunity to make you aware of their products and services. GISTICS’ agreement with the Sponsor: (a) provides that the Sponsor may use this information only to send you product information, to contact you via common methods of communication to assess your interest in its products and services; and (b) prohibits disclosure of this information to any third party other than agents of the Sponsor for the permitted marketing purposes set forth above. You should contact the Sponsor directly if you have any questions about their use of this information.

    2.1.2. Qualification of Contributors and Experts
    As part of registration processes described in Subsection 1.1.1 above, potential Users, Contributors and Experts can expect to be asked for certain Personally Identifiable Information (“PII”), including contact details, qualifications, and employment details. Disclosure of any such PII by a Contributor or Expert to GISTICS in any registration process shall be deemed to be a grant of permission by the relevant person to GISTICS to publish any such PII on the Web site. GISTICS will use commercially reasonable efforts to ensure all PII published on the Web site in respect of a Contributor or Expert is correct, but accepts no liability for any errors in that regard. If Contributors or Experts identify any errors in respect of their PII on the Web site, GISTICS would appreciate prompt notification and will use commercially reasonable efforts promptly to make necessary corrections.

    2.1.3. Use of Anonymous Information
    As a general rule, the anonymous tracking information from each User is bundled with that of other users to create an overall usage summary for the ad(s) in question. This summary allows the advertiser better to evaluate the reach and effectiveness of its ads, both from a content and placement perspective; for instance, by analyzing how many “hits” a particular ad receives. However, please note that, in certain instances, the advertiser may also use the unbundled or individual results of this tracking to target specific products or service offerings to particular users based on their individual usage patterns.

    2.2. For Users Not Wishing Disclosure to Sponsors
    For Users who do not want their PII disclosed to our Sponsors, we will provide an alternative form of User Registration Application for you. Upon completion of that Application and payment of such fees as GISTICS may from time to time determine to charge you for access to the Web site and to be able to download certain Content from the Web site, your PII will not be disclosed to our Sponsors. We will, however, use your anonymous information as provided in Subsection 2.1.3 above.

    3. PROTECTING YOUR INFORMATION
    3.1. Security
    “Perfect security” does not exist on the Internet and GISTICS cannot guarantee security of information or that unauthorized access will not occur. However, we take all reasonable precautions when protecting your personal information. Servers that store personally identifiable information are located in a supervised and/or locked facility. Users’ personal information off line is restricted by our internal security procedures, and authorized access to such information is only provided to our employees and contractors who reasonably need the information for their areas of responsibility (for example, a billing clerk, a sales rep, a customer service representative or management). Your information may be transferred to and maintained in whole or in part on computer networks that may be located outside of the state, province, country or other governmental jurisdiction in which you reside, and may be stored on equipment or in facilities leased or licensed from third parties. If users have any questions, comments or suggestions about the security at the Web site, Users can send an email to info@gistics.com.

    3.2. Enforcement
    In the event that GISTICS becomes aware that site security is compromised or nonpublic PII has been disclosed to unrelated third parties as a result of external activity, including but not limited to external security attacks, it will take reasonable measures which it deems appropriate, including but not limited to internal investigation and reporting, and notification to and cooperation with law enforcement authorities. Furthermore, if GISTICS becomes aware that a User’s PII has been disclosed in a manner not permitted by this Privacy Policy, GISTICS shall make reasonable efforts to notify the affected User, as soon as reasonably possible and as permitted by law, of what information has been disclosed, to the extent that GISTICS knows this information.

    4. MISCELLANEOUS PROVISIONS
    4.1. Limitations on Your Privacy
    Though we strive to preserve user privacy, due to the existing regulatory environment, we cannot ensure that all of your private communications and other personally identifiable information will always remain confidential. By way of example, we may disclose PII when required by law wherein we have a belief that such action is necessary or advisable to comply with a judicial proceeding, court order, legal proceeding, process or investigation served on our business or this Web site, or when we believe parties are misusing or attempting to misuse the Web site or its services, including but not limited to violating the law, committing fraud, deception, theft, attempting to harm or divert our business, engaging in threatening or inappropriate behavior or threatening to place, or placing themselves or others in danger. You should also be aware that courts of equity, such as U.S. Bankruptcy Courts, might have the authority under certain circumstances to require us to share or transfer your information to third parties. Finally, although we strive to protect your privacy, third parties beyond our control may unlawfully intercept or access transmissions or private communications. Therefore, we do not promise, and you should not expect, that your personally identifiable information or private communications will always remain private.

    4.2. Business Transitions
    In the event GISTICS goes through a business transition such as a merger, being acquired by another company, or selling a portion of its assets, Users’ personal information will, in most instances, be part of the assets transferred.

    4.3. Correcting/Updating/Deleting/Deactivating Personal Information
    If a User’s personally identifiable information changes (such as zip code, phone, email or postal address), or if a User no longer desires to access our Web site, we provide a means to access, correct, update or delete/deactivate Users’ personally identifiable information. This can be done by emailing our Customer Support at info@gistics.com. Or, contact us by telephone or postal mail at the contact information listed set forth in Section 9.1 below. Please note that deleting your account information will not delete all of your contact information or other information contained on our systems, as much or all of this information will be retained to preserve records of our commercial relationship with you, or as required by law. Further, certain information may have already been provided to third parties as described herein.


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