1. Acceptance of Terms Of Service

Welcome to Promoxity, user-generated content web sites or mobile applications Promoxity ("Promoxity", or "we"). Promoxity provides various services subject to the following Terms of Service ("TOS" or "Terms of Service"). Promoxity reserves the right to alter these Terms Of Service without advance notice by posting revised Terms Of Service. Accordingly, you should review these Terms Of Service each time you access any Promoxity web sites or mobile applications to stay informed of any changes to the Terms Of Service. If the Terms Of Service have been changed, the "Last Updated" notation at the top of this page will reflect the date of those changes. Any use of Promoxity by you after such notice shall be deemed to constitute acceptance by you of such changes, modifications or additions.

2. General Terms Of Service

Promoxity is available for individuals aged 13 years or older. If you are under 13, please exit this web site or mobile application immediately. By using Promoxity, you represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms Of Service, submit content, participate on Promoxity, and fulfill the obligations set forth in the TOS, which forms a binding contract between you and Promoxity.

These TOS apply to all of Promoxity's current and future Web Sites and Mobile Applications, unless otherwise provided. In addition, when using particular services provided by Promoxity, you shall be subject to any additional posted Terms Of Service, guidelines or rules applicable to such services. All such Terms Of Service, guidelines or rules are hereby incorporated by reference into the TOS. The TOS incorporates the terms of the Promoxity Privacy Policy. Please see our full privacy policy at: http://www.promoxity.com/privacy.

For any portion of the Promoxity Web Sites or Mobile Applications that requires a user Account and/or password ("Account"), whether free of charge or for a fee, you are responsible for all use of your Account (under any screen name, email address or password) and for ensuring that all use of your Account complies fully with the provisions of these Terms Of Service. You shall be responsible for protecting the confidentiality of your user name(s) or password(s), if any. Promoxity shall have the right at any time to change or discontinue any aspect or feature of Promoxity, including, but not limited to, content, hours of availability, and equipment needed for access or use.

3. Definitions

"Account" has the definition above.

"Promoxity" or "Promoxity's Web Sites" or " Promoxity's Mobile Applications" mean, collectively, Promoxity and its affiliate Web sites, mobile applications, present and any future sites and mobile applications, including but not limited to: http://www.promoxity.com and any and all digital services relating to Promoxity operated by Promoxity.

"You" means the user or visitor to Promoxity.

"Privacy Policy" means Promoxity's current Privacy Policy, available at .

"Terms Of Service" means the current Terms Of Service in effect as set forth herein or elsewhere on Promoxity.

4. Changed Terms Of Service

Promoxity shall have the right at any time to change or modify the Terms Of Service and conditions applicable to your use of Promoxity, or any part thereof, including but not limited to the Promoxity Privacy Policy, available at or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on Promoxity Web Sites or Mobile Applications, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Any use of Promoxity by you after such notice shall be deemed to constitute acceptance by you of such changes, modifications or additions. We recommend you bookmark this page and review it each time you use or access Promoxity, noting the "Last Updated" information at the top of this page.

5. Submissions

By submitting your material, for good and valuable consideration, the sufficiency and receipt of which you hereby acknowledge, you hereby grant to Promoxity and its affiliates a non-exclusive, perpetual, worldwide license to edit, telecast, rerun, reproduce, use, create derivative works from, syndicate, sell, license, print, sublicense, distribute and otherwise exhibit the materials you submit, or any portion thereof in any manner and in any medium or forum, whether now known or hereafter devised, without payment to you or any third party.

Your submissions are deemed non-confidential and Promoxity has no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission, except pursuant to the Promoxity Privacy Policy, available at http://www.promoxity.com/privacy.

You represent and warrant to Promoxity that you have the full legal right, power and authority to grant to Promoxity the license provided for herein, that you own or control the complete exhibition and other rights to the materials you submitted for the purposes contemplated in this license and that neither the materials nor the exercise of the rights granted herein shall infringe upon or violate the right of privacy or right of publicity of, or constitute a libel or slander against, or violate any common law or any other right of, any person or entity.

Users are solely responsible for anything contained in their submissions, message board and/or chat sessions. Promoxity does not verify, endorse or otherwise vouch for the contents of any submission, message board or chat room. Users may be held legally liable for the contents of their submissions, message board and chat sessions, and may be held legally liable if their submissions or chat sessions include, for example, material protected by copyright, trademark, patent or trade secret law or other proprietary right without permission of the author or owner, or defamatory comments.

User submissions to Promoxity do not represent the views of Promoxity, or any individual associated with Promoxity, and we do not control this content. In no event shall you represent or suggest, directly or indirectly, Promoxity's endorsement of user submissions. Promoxity does not vouch for the accuracy or credibility of any content submitted by users on our Promoxity Web Sites or Mobile Applications, and does not take any responsibility or assume any liability for any actions you may take as a result of reading user published content on Promoxity. Through your use of Promoxity, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using Promoxity, you assume all associated risks.

6. Copyrighted material

1. Promoxity contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of Promoxity are protected by United States copyright laws as a collective work and otherwise. Promoxity owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, license, participate in the transfer, licensing or sale, create derivative works, or in any way exploit any of the content, copyrights, trademarks, or other property interests therein, in whole or in part. When authorized by Promoxity, you may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, licensing, publication or commercial exploitation of downloaded material will be permitted without the express written permission of Promoxity and the copyright owner, or owner of any other legal interests therein. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademarks legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. For further information on U.S. copyright law, you may wish to visit the Web site of the U.S. Copyright Office at: http://lcweb.loc.gov/copyright/.
2. Promoxity may, from time to time, be a distributor (and not a publisher) of content supplied by third parties other than users of Promoxity. Accordingly, Promoxity has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, you or any other user of Promoxity, are those of the respective author(s) or distributor(s) and not of Promoxity. Neither Promoxity nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. Promoxity neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on Promoxity by anyone other than authorized Promoxity employees acting in their official capacities. Under no circumstances shall Promoxity be liable for any loss or damage caused by your reliance on information, opinion, advice or other content available through Promoxity.
3. Promoxity respects the copyrights of others and expects its users to do the same. By uploading, posting or otherwise making available content on Promoxity, you represent that you own or otherwise have the intellectual property rights to submit such materials. You shall not upload, post or otherwise make available on Promoxity any material protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright or other proprietary rights rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of Promoxity, you automatically grant, or warrant that the owner of such material has expressly granted Promoxity the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, sell, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright and any other proprietary rights that may exist in such material. You also permit any other user to access, view, store or reproduce the material for that individual's personal use on Promoxity. You hereby grant Promoxity the right to edit, copy, publish and distribute any such material made available on Promoxity by you.
4. If you believe you have a claim of copyright infringement with respect to material that is posted on Promoxity's Web Sites or Mobile Applications, you may give Promoxity written notification of your claim in accordance with the requirements of the U.S. Digital Millennium Copyright Act of 1998 as explained below at http://www.promoxity.com/termsofservice..

7. Conduct on Promoxity

1. If you submit any materials or participate in any online forum or any other forum or similar service within or in connection with Promoxity, you agree to abide by the following rules of conduct:
   • You agree not to post or transmit through Promoxity any material that violates or infringes in any way upon the rights of others, including any statements which may defame, abuse, harass, stalk or threaten others;
   • You agree not to post or transmit through Promoxity any material that is offensive to the online community, including blatant expressions of bigotry, racism, abusiveness, vulgarity or profanity;
   • You agree not to post or transmit through Promoxity any material that contains or advocates pornography, pedophilia, incest or bestiality;
   • You agree not to post or transmit through Promoxity any statements that advocate or provide instruction on illegal activity or discuss illegal activities with the intent to commit them;
   • You agree not to post or transmit through Promoxity any material that infringes and/or violates any right of a third party or any law, engage in activity that would constitute a criminal offense or give rise to a civil liability;
   • You agree not to post or transmit through Promoxity any vulgar or obscene language, images, videos or any other form of content;
   • You agree not to post or transmit through Promoxity, without Promoxity's express prior written approval, material which contains advertising or any solicitation with respect to products or services;
   • You agree not to post or transmit through Promoxity, any software or other materials which contain a virus or other harmful or disruptive component;
   • You agree not to post or transmit through Promoxity material or statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board;
   • You agree not to upload, post, or otherwise make available on Promoxity Web Sites or Mobile Applications any material protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. Any person determined by Promoxity, in its sole discretion, to have repeatedly violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on Promoxity's Web Sites or Mobile Applications;
   • You agree not to impersonate any person or entity, including, but not limited to, any Promoxity employee, or falsely state or otherwise misrepresent your affiliation with any person or entity;
   • You agree not to interfere with any other user's right to privacy, including by harvesting or collecting personally-identifiable information about Promoxity users;
   • You agree not to interfere with or disrupt the Promoxity Web Sites or Mobile Applications or servers or networks connected to the Web Sites or Mobile Applications, or disobey any requirements, procedures, policies or regulations of networks connected to the Web Sites or Mobile Applications;
   • You agree not to upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation;
   • You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of Promoxity's Web Sites or Mobile Applications, use of the Web Sites or Mobile Applications, or access to the Web Sites or Mobile Applications;
   • You agree that if necessary, you have the consent of each and every identifiable natural person or entity in any submission to use such entity or persons name or likeness in the manner contemplated by Promoxity; and
   • You agree that no person who appears in your submission, who is a current member of the Screen Actors Guild (SAG), the American Federation of Television and Radio Actors (AFTRA) or any other rights society, is entitled to compensation from Promoxity.
   Any conduct that in Promoxity's sole discretion restricts or inhibits anyone else from using or enjoying Promoxity will not be permitted. Promoxity reserves the right in its sole discretion to remove or edit messages or material submitted by you and to terminate your account for any reason. Promoxity is not responsible for material submitted to Promoxity or posted in chat rooms, on bulletin boards or on other forums by users of Promoxity.
2. The foregoing provisions of this Section 7 are for the benefit of Promoxity, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

8. Monitoring

Promoxity shall have the right, but not the obligation, to monitor the content of Promoxity, including online forums, to determine compliance with these Terms Of Service. Promoxity shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on Promoxity. Without limiting the foregoing, Promoxity shall have the right to remove any material that Promoxity, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable. In addition, Promoxity may share personally identifiable information in response to a law enforcement agency's request, or where we believe it is necessary, or as otherwise required or permitted by law. See Promoxity Privacy Policy located at http://www.promoxity.com/privacy.

The decision by Promoxity to monitor and/or modify the content of Promoxity does not constitute nor shall it be deemed to constitute any responsibility or liability in any manner on the part of Promoxity in connection with or arising from use by you of Promoxity or participation in any online forums or interactive features of Promoxity.

9. Third party links, sponsors and frames

A. Promoxity may provide links to other World Wide Web sites or resources. Because Promoxity has no control over such sites and resources, you acknowledge and agree that Promoxity is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Promoxity shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. You should direct any concerns regarding any external resource to the proprietor(s) of that site.

B. Promoxity may contain commercial images and/or links to sponsors of Promoxity. Promoxity is not responsible or liable for the content of those images and/or links.

C. No third party may use framing technologies or functionalities to contain any content provided by Promoxity, for purposes either commercial or non-commercial, without express prior and written consent from Promoxity.

D. No third party may provide links to any content within Promoxity without the express prior written consent from Promoxity.

10. Disclaimer of waranty and Limitations of liability

A. You expressly agree that use of Promoxity is at your sole risk. Neither Promoxity, its affiliates nor any of their respective employees, or agents warrant that Promoxity will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of Promoxity, or as to the accuracy, reliability or content of any information, service, or merchandise provided through Promoxity.

B.Promoxity IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF SERVICE.

C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT PROMOXITY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR VISITORS OF PROMOXITY OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

D. IN NO EVENT WILL PROMOXITY, ITS PARENT OR AFFILIATED COMPANIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING PROMOXITY, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE PROMOXITY, NOR SHALL PROMOXITY, ITS PARENTS OR AFFILIATED COMPANIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING PROMOXITY BE LIABLE FOR ANY DAMAGES, CLAIMS, OR INJURY, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR PERSONAL OR BODILY INJURY, ARISING FROM OR IN CONNECTION WITH YOUR CREATING CONTENT, BY VIDEOTAPING, PHOTOGRAPHY OR OTHERWISE, FOR SUBMISSION TO PROMOXITY, AND YOU HEREBY ASSUME ALL RISK FOR ANY DAMAGES, CLAIMS OR INJURIES. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF SECTION 10 SHALL APPLY TO ALL CONTENT ON PROMOXITY.

E. IN ADDITION TO THE TERMS OF SERVICE SET FORTH ABOVE, NEITHER PROMOXITY, NOR ITS PARENT OR AFFILIATED COMPANIES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR INAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN PROMOXITY, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER PROMOXITY, NOR ITS PARENT OR AFFILIATED COMPANIES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.

F. PROMOXITY DISCLAIMS ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. BY ACCESSING PROMOXITY, YOU ACKNOWLEDGE AND AGREE TO PROMOXITY'S DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR USE PROMOXITY.

11. Termination

You agree that Promoxity, in its sole discretion, may terminate your Account, password, and User Name and/ or use of the Promoxity Web Sites or Mobile Applications, and may remove and discard any content within the Promoxity Web Sites or Mobile Applications, for any reason, including, without limitation, if Promoxity believes that you have violated or acted inconsistently with the letter or spirit of these Terms Of Service. You agree that any termination of your access to the Promoxity Web Sites or Mobile Applications under any provision of this Terms Of Service may be effected without prior notice, and acknowledge and agree that Promoxity may immediately deactivate or delete your Account, password, and User Name and all related information and files associated with it and/or bar any further access to such files or the Promoxity Web Sites or Mobile Applications. Further, you agree that Promoxity shall not be liable to you or any third-party for any termination of your access to the Web Sites or Mobile Applications. The provisions of Sections 6, 9 (C), 9 (D), 10, 12, 13 and this Section 11, shall survive termination of these Terms Of Service.

12. Indemnification

You agree to defend, indemnify and hold harmless Promoxity, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of Promoxity by you or your Account by you or any other person using the Account. Promoxity reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide Promoxity with such cooperation as is reasonably requested by Promoxity.

13. Trademarks

"Promoxity" and the Promoxity logo, are service marks of Promoxity. All rights reserved. All other trademarks, logos and service marks appearing on Promoxity are the property of Promoxity or their respective owners.

14. Miscellaneous

These Terms Of Service and any operating rules for Promoxity established by Promoxity constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to the subject matter hereof. These Terms Of Service shall be construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. If you access Promoxity from any location other than the United States, you accept full responsibility for compliance with all local laws. You are also subject to United States export controls and are responsible for any violations of United States embargoes or other federal rules and regulations restricting exports. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of these Terms Of Service is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these Terms Of Service will remain binding upon the parties.

15. Force majeure

Neither Promoxity nor you shall be liable for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, terrorism, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

Compliance with the digital millenium copyright act of 1998

Promoxity is committed to full compliance with U.S. copyright law, and expects its users to do the same. Accordingly, as a courtesy, Promoxity is providing the following information regarding its understanding of the Digital Millennium Copyright Act of 1998 ("DMCA") concerning notice of claimed online copyright infringement. Promoxity is not providing legal advice. Any persons wishing to assert or oppose a claim under the DMCA should consult their own legal adviser concerning these matters. The Digital Millennium Copyright Act of 1998 ("DMCA") provides recourse for owners of copyrighted material who believe that their rights under U.S. copyright laws have been infringed online. Under the DMCA, copyright owners may contact the authorized agent of an Internet service provider to report alleged infringements based on unauthorized use of their protected works appearing on web sites hosted by the service provider. Upon receipt of properly filed complaints satisfying the requirements of the DMCA, Promoxity will remove or block access to the allegedly infringing material posted by third party users of the Promoxity Web Sites or Mobile Applications. If an Promoxity user who posted such material believes in good faith that a notice of copyright infringement has been wrongly filed, the user may submit a counter-notice to assert a private dispute with the claimed copyright owner. Promoxity will not be a party to such disputes over alleged copyright infringement.

Notification of claimed copyright infringement

If you believe in good faith that information posted by a user on an Promoxity Web Sites or Mobile Applications violates your rights under U.S. copyright law, Click on "Report Concern", "Contact Us" or "Help Us Help You" links available on www.promoxity.com.

More information on US Copyright law

More information on U.S. copyright law can be found at the following Web sites:

• The Copyright Act, Title 17 of the U.S. Code
• U.S. Copyright Office

If you believe in good faith that information posted by a user on Promoxity violates your rights under U.S. copyright law, you may notify Promoxity in the manner described below. You should be aware that U.S. copyright law provides substantial penalties for false claims of copyright infringement. According to the Digital Millennium Copyright Act of 1998 ("DMCA"), claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorney's fees.

Notice and procedure for claims of copyright infringement

You may give Promoxity written notification of your claim in accordance with the requirements of the Digital Millennium Copyright Act of 1998 as provided in the DMCA and summarized below. The Promoxity Copyright Administrator is Promoxity's "Designated Agent" for purposes of receiving notice under the DMCA relating to Promoxity.

Written notification of your claim must be submitted to the following Designated Agent to Receive Notification of Claimed Infringement:

Name: Copyright Administrator
E-mail Address: copyright@promoxity.com

To be effective, the notification must include 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 Web site are covered by a single notification, a representative list of 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 Promoxity 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; and
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.
7. Upon receipt of the written notification containing the information as outlined in paragraphs 1) through 6) above:
   1. Promoxity shall remove or disable access to the material that is alleged to be infringing and shall forward the written notification to the person or entity who posted the material at issue;
   2. Promoxity shall take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.

Counter notification

A person who receives a notification of alleged copyright infringement, and believes that the claim is erroneous, may submit a counter notification to Promoxity's Designated Agent relating to Promoxity within thirty (30) days of the date the material was removed from the site.

To be effective, a counter notification must be a written communication that includes substantially the followin:

1. A physical or electronic signature of the person submitting the counter notification;
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 person submitting the counter notification has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material or the owner of the rights to be removed or disabled; and
4. The person's name, address, and telephone number, and a statement that the he or she consents to the jurisdiction of federal district court for the judicial district in which the address is located, or if the person's address is outside of the United States, for any judicial district in which Promoxity may be found, and that the person will accept service of process from the complaining party or an agent of such person.
5. Upon receipt of a counter notification containing the information as outlined in paragraphs 1) through 4) above:
6. 4) above:
   1. Promoxity shall promptly provide the complaining party with a copy of the Counter Notification; and
   2. Promoxity shall inform the complaining party that it will replace the removed material or cease disabling access to it within ten (60) business days.

Promoxity shall replace the removed material or cease disabling access to the material within thirty (30) to sixty (60) business days following receipt of the counter notification, provided Promoxity's Designated Agent relating to Promoxity has not received notice from the complaining party that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity on Promoxity'.

Copyright © 2011 Promoxity. All rights reserved.