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.
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
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
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:
c/o GuyTech USA, Inc.
184 Overlook Drive
Hillsdale, NY 12529
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.
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.
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
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.
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”,
to inform you about how we collect and use information through the
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
Dragonfly reserves the right to change how we handle
the information we collect and process through the Website at any time. We
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
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
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:
25 Broadway, 5th Floor
New York, NY 10004
or by email at email@example.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
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
Do I have the ability not to be identified by
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
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 firstname.lastname@example.org. If
you have questions or concerns about any of our information collection
or handling practices, please contact us at email@example.com.
Last Updated: July 20,