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.

Copyright and Intellectual Property Infringement

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:

    Copyright Agent
    c/o GuyTech USA, Inc.
    184 Overlook Drive
    Hillsdale, NY 12529

By phone:

    (518) 325-4428

By fax:

    (518) 325-5371

By email:

    copyright@dragonfly.com

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

Copyright © 2007 Dragonfly. All rights reserved. Patent Pending.

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.


 

P R I V A C Y    P O L I C Y

Welcome to the Dragonfly™ website located at www.dragonfly.com (the “Website”) operated by GuyTech USA, Inc. d/b/a/ Dragonfly (“Dragonfly”, “us”, “we”, or “our”).   This Privacy Policy is intended to inform you about how we collect and use information through the Website.   

What does Dragonfly do?

Dragonfly has developed proprietary software that enables our customers to produce and distribute digital media communications over the Internet through a multimedia player environment (“Dragonfly Channels ”).  Clients of Dragonfly (“Clients”) will be able to create their own Dragonfly Channels and publish these Dragonfly Channels through the Website, and other visitors to the Website (“Visitors”) will be able to view, but not create, Dragonfly Channels.  Your use of this Website is subject to this Privacy Policy and our Terms of Use which can be found at www.dragonfly.com/legal/termsofuse.

Dragonfly reserves the right to change how we handle the information we collect and process through the Website at any time.  We will update this Privacy Policy to reflect any changes and such changes will take effect immediately upon being posted to the Website.

What type of information do we collect from you and how do we use it?

Visitors may use the Website without providing us with any personally identifiable information (“PII”).  However, Clients are required to provide us with certain PII in order to register with the Website, create Dragonfly Channels, and obtain Dragonfly Channel metrics.  For example, we will request that Clients provide us with their name and email address.

Dragonfly does not review Dragonfly Channels created by Clients before they become viewable through the Website, and does not collect PII included by a Client in a Dragonfly Channel unless there is a compelling reason to do so.  Unless you provide PII to Dragonfly through the Website (through registration, a Dragonfly Channel, or by email), we will not collect any PII from you. 

Dragonfly does collect anonymous and aggregate information from you in several ways.  For instance, we collect information about your preferences in navigating the Website by using cookies, action tags and other methods.  Cookies are small text files that identify your computer.  We may use cookies to, among other things, monitor Website usage, customize Website features, identify your computer’s operating system and browser, and complete transactions.  An action tag is a small, graphic image on a webpage that is designed to allow the website owner or a third party to monitor who is visiting a website by collecting the IP address of the computer to which the tag is sent, the URL of the webpage that the tag comes from and the time that such webpage was viewed. Tags may be associated with cookie information.

With respect to your PII that we do collect, Dragonfly may provide such PII to entities who work on behalf of or with Dragonfly.  These entities may use your PII to help fulfill your requests in connection with services offered through the Website and to help us communicate with you about offers from Dragonfly.  

Dragonfly may also share your PII with third parties for direct marketing and other purposes, and you acknowledge that the handling of your PII by such third parties will not be governed by the terms of this Privacy Policy.  If you would rather us not share your PII with the any third party for direct marketing purposes, please either (1) do not submit PII to Dragonfly through the Website or (2) indicate your desire for us not to share your PII with third parties for direct marketing purposes by submitting such a request in writing (an “Opt-Out Request”) to us at Dragonfly:

Privacy Officer
DRAGONFLY

25 Broadway, 5th Floor
New York, NY 10004

or by email at privacy@dragonfly.com.

Please note that it may take several weeks for us to comply with your Opt-Out Request, and until we are able to comply with such request we may continue to use your PII as described in this Privacy Policy.  Please note that after receiving your Opt-Out Request, we may continue to maintain your name and other PII to help us ensure that we can honor such request, to communicate to you about your account, and for other purposes not related to direct marketing. 

Please note that if we receive your Opt-Out Request after having shared your PII with a third party for direct marketing purposes or having otherwise transferred or disposed of your PII, Dragonfly may not have the ability to control the use of such PII by any third party, and in such an event you agree that Dragonfly shall not be responsible or liable, directly or indirectly, for any damages or loss caused or alleged to be caused by or in connection with the use of such PII by any such third party or resulting from any such transfer or disposition.  If you are concerned about Dragonfly sharing your PII with third parties or otherwise transferring or disposing your PII, you should consider not providing your PII to Dragonfly.

Notwithstanding anything to the contrary herein, we may release your PII if we believe such release is necessary to comply with the law (e.g., a legal process or a statutory authorization), to apply or enforce our customer agreements, to protect our rights or property, or to protect Clients and/or Visitors from fraudulent, abusive, or unlawful use of the Services and/or the Website; or if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of such PII or other information without delay. 

Do I have the ability not to be identified by Dragonfly?

Yes. If you do not want to be identified by us, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence.  You can also choose to refuse all cookies by adjusting the settings in your browser. If you do not want us to have any of your PII, do not submit any of your PII to us or include any of your PII in a Dragonfly Channel.    

How do we store information?

Dragonfly takes reasonable steps consistent with industry standards to assure that PII collected at Client registration is secured from loss, misuse, unauthorized access, and destruction in storage while under our control.  Please note that despite our efforts to safeguard information provided to us, we cannot guarantee that such information will not be disclosed or accessed by accidental circumstances or by the unauthorized acts of others. 

Do we provide links to other websites?

Dragonfly may provide links to other websites or resources of possible interest to you.  Because we have no control over such websites or resources, the collection and use of your PII and other information by such websites shall be subject to the policies and procedures of such websites and not this Privacy Policy.

What are our policies regarding children?

Dragonfly will not knowingly collect PII from anyone under thirteen (13) years of age. 

Do we have a mechanism to address the removal of PII and complaints about the handling of information that we collect?

If you wish to remove PII that you have submitted to Dragonfly, please send us an email requesting such removal to privacy@dragonfly.com.   If you have questions or concerns about any of our information collection or handling practices, please contact us at privacy@dragonfly.com.

Last Updated: July 20, 2007 
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