DRAGONFLY | Your Video Network

T E R M S O F U S E

Thank you for visiting our website ("Site"). YOU SHOULD READ THE FOLLOWING TERMS CAREFULLY BEFORE USING THIS SITE.

Your use of this Site is governed by the following terms of use ("Terms"). If you do not agree with all of these Terms, please exit this Site now. By using this Site, you agree to comply with, and to be bound by, these Terms. GuyTech USA, Inc. d/b/a Dragonfly ("Dragonfly") may, from time to time, change these Terms in its sole discretion. By using this Site after any such change, you agree to comply with, and be bound by, the Terms as changed.

Dragonfly respects the intellectual property of others, and we ask our Site users to do the same. Dragonfly has no responsibility for content on other web sites that you may find or access when using Dragonfly’s products or services. Material available on or through other web sites may be protected by copyright and the intellectual property laws of the United States and/or other countries. The terms of use of those web sites, and not the Dragonfly Terms of Use, govern your use of that material.

It is Dragonfly’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of its users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of Dragonfly and/or others.

Notice for Claims of Intellectual Property Violations and Agent for Notice

If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Dragonfly's Copyright Agent with the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

2. a description of the copyrighted work or other intellectual property that you claim has been infringed;

3. a description of where the material that you claim is infringing is located, with enough detail that we may find it;

4. your address, telephone number, and email address;

5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;

6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Dragonfly's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:

By phone:

(518) 325-4428

By fax:

(518) 325-5371

By email:

Please note that, due to security concerns, attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.

Disclaimer

Dragonfly shall not be liable or responsible for any loss or damage caused by or arising from any user's reliance on information obtained from or through this Site. It is your responsibility to evaluate the information and other content available through the Site. This Site and the information and material contained in this Site are subject to change at any time, and from time to time, without prior or subsequent notice.

No Warranties

THIS SITE AND THE CONTENTS OF THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DRAGONFLY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR FREEDOM FROM MALICIOUS PROGRAMS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE OR ITS CONTENTS AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS AND WARRANTIES.

YOU AGREE, BY USING THIS SITE, THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL LOSS OF USE, LOSS OF DATA AND COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT AND/OR SOFTWARE THAT YOU USE IN CONNECTION WITH THIS SITE, AND THAT DRAGONFLY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF, CAUSED BY OR RELATED TO YOUR USE OF THIS SITE. WHERE APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SOME OR ALL OF THE FOREGOING DISCLAIMERS OR WARRANTY MAY NOT APPLY TO YOU.

Limitation of Liability

IN NO EVENT SHALL DRAGONFLY BE LIABLE FOR ANY ACTUAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER. EVEN IF DRAGONFLY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT TORT OR UNDER ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, PRODUCTS AND MATERIALS ON THIS SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Miscellaneous

These Terms and your use of this Site shall be governed under the laws of the State of New York, without regard to its conflict of law principles. Any dispute arising under these Terms or out of your use of this Site shall be resolved exclusively by the state and federal courts of the State of New York, County of New York and/or the Southern District of New York. By using this Site, you hereby agree to the personal jurisdiction of, and venue in, such courts.

Site Copyright, Patent and Trademark Information

The Site and the software that created and supports the Site are protected by copyrights, trademarks and/or other intellectual property rights. The multimedia materials presented in the Site are owned by Dragonfly or its subsidiaries or affiliates, or are used with permission of their owners. Such materials include, but are not limited to, the photographs, images, illustrations, text, video clips, audio clips, designs, logos, trademarks, trade dress and other materials contained in this Site. All rights are reserved, worldwide.

The materials contained in this Site are displayed for informational and promotional purposes only. This Site is solely for private, personal and noncommercial use. You may use, distribute, transmit and display this Site solely for your personal noncommercial use. You do not obtain any right, title or interest in any material or software as a result of any such use, distribution, transmission and display. You may not reproduce (except for your personal noncommercial use), publish, remove, delete, add to, otherwise modify, create derivative works from, sell or participate in any sale of this Site, any of the materials in this Site or any related software. Any other use, distribution, transmission and display of materials on this Site, including reproduction for purposes other than your personal noncommercial use or modification, without the prior express written permission of Dragonfly, is strictly prohibited.

Last Updated: September 20, 2006