Terms of Use / Legal

 

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Dynamo Viewer Terms of Use

Effective as of December 9, 2012

The following describes the terms under which Dynamo Media, Inc. ("Dynamo Media", "Dynamo", “we,” “our,” or “us”; fka "Hudson Media Ventures") provide the http://dynamoplayer.com website and Dynamo multi-media player (collectively the “Dynamo Service” or the “Service”) to users who wish to view and purchase content available through the Dynamo Service (“Viewers”). If you are the producer of video content, you can view your Producer Terms of Use at any time through a link on the Dynamo web site.

INTRODUCTION

By using the Service, you accept the Dynamo Viewer Terms of Use and the following terms, conditions, and policies, including any future amendments (collectively, the “Agreement”):

Privacy Policy
Copyright Policy

Changes and Modifications. Dynamo Media reserve the right, at its sole discretion, to change, modify, add, or remove portions of this Agreement at any time. Such changes will become effective thirty (15) days after they have been posted to this site or Dynamo Media has otherwise notified you of the change. Though Dynamo Media may attempt to notify you when major changes are made to this Agreement, you should periodically review the most recent version of this Agreement, which is always available from a link on our homepage. Your continued use of the Dynamo Service following the posting of changes will mean that you accept and agree to the changes. As long as you comply with this Agreement, Dynamo Media grants you a limited, revocable, non-exclusive, non-assignable, non-sublicenseable right to access and use the Service as it is intended to be used and in accordance with this Agreement and applicable law. We grant you no other rights, implied or otherwise.

Links To Other Sites. The Service may contain links to other affiliated or independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Dynamo Media’ control, and Dynamo Media is not responsible for and does not necessarily endorse the content or practices of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

DESCRIPTION OF SERVICES

General Description. The Dynamo Service allows users to view and share online video content without the need to download a dedicated player or install cumbersome browser plug-ins.

Adults Only. The Dynamo Service is intended for adults only. You must be 18 years of age or older, or have obtained the consent of your parent or guardian, to use the Dynamo Service. In accordance with Federal Children's Online Privacy Protection Act of 1998 (COPPA), Dynamo Media will never knowingly solicit, nor will we accept, personally identifiable information from users known to be under thirteen (13) years of age. Please see our privacy policy for additional information or for how to notify us of any concerns you may have in this regard.

CONDITIONS OF USE AND CONDUCT

As a condition of use, you agree to the following:

You will not use the Service to harass, threaten, impersonate, or intimidate anyone.
You will not upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
You will not upload, post, email, transmit, or otherwise make available any content that is in violation of copyright law, trademark law, or any other law protecting intellectual property in any jurisdiction, or that violates an individual’s right to publicity or privacy.
You will not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "affiliate links," or any other form of solicitation.
You will not transmit any worms or viruses or any code of a destructive nature.
You will not copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof.
You will not violate any local laws in your jurisdiction (including but not limited to intellectual property laws).
You will not use the Service for any illegal or unauthorized purpose. If you are an international Viewer, you agree to comply with all local laws regarding online conduct and acceptable content.

CONTENT

The Service allows you to view online video content published by a wide range of producers (“Producer Content”). The Service also allows you to share such content through third-party web services such as Twitter and Facebook.

All Producer Content is owned by its respective Producer. Except as expressly provided in this Agreement, provided directly by the Producer itself, or otherwise permitted by law, no Producer Content may be used, copied, reproduced, modified, republished, uploaded, posted, publicly displayed, publicly performed, publicly performed by means of a digital audio transmission, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or any other medium for publication or distribution or for any commercial enterprise or purpose, without the express prior written consent of the Producer of such content. You may wish to contact the Producer of the content directly to obtain such permission.

By using the Service, you acknowledge and agree that Dynamo Media does not guarantee access to and/or hosting of Producer Content that is published through the Service. For example, if Producer Content violates these Terms of Use, access to it may be disabled. Also, if a particular piece of content creates too large a demand on the Service, it may result in access to the content being temporarily or permanently disabled.

PAYING FOR CONTENT

The Dynamo Player allows you to pay for Producer Content using a variety of quick and convenient online methods, such as PayPal. Such payments are not processed by Dynamo Media, and you will need to independently establish an account with the online payment service of your choosing before purchasing Producer Content through the Dynamo Service. We encourage you to fully review the terms of use and privacy policies under which such services are offered before selecting an online payment option. If you choose to pay for Content on a one-time-transaction (e.g., a la carte) basis, you will be required to provide payment information (e.g., PayPal account information) that can be used to complete the purchase. Such funds will be debited from your account contemporaneously with your purchase. Should you choose to establish a Dynamo user account, after providing the payment information outlined above, Dynamo Media will debit these funds on a rolling (e.g., weekly) basis or an on-demand (instance) basis. Please be aware that Content purchased today may take several days to reflect in your third party payment processing service and Dynamo cannot control third party business or accounting practices.

COPYRIGHT POLICY

If you believe that the Dynamo Media, or any Producer(s) using the Service, has violated a copyright you claim in your work, please contact us pursuant to the Digital Millennium Copyright Act (“DMCA”) at copyright@dynamoplayer.com and review our copyright policy for more details on how to properly notify us of a DMCA issue.

DYNAMO MEDIA INTELLECTUAL PROPERTY

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, content, and computer code (collectively, “Dynamo Media”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Dynamo Media Content, contained in the Service is owned, controlled, or licensed by or to Dynamo Media, and is protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property and other rights.

Except as expressly provided in this Agreement or otherwise permitted by law, no Dynamo Media Content may be used, copied, reproduced, modified, republished, uploaded, posted, publicly displayed, publicly performed, publicly performed by means of a digital audio transmission, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or any other medium for publication or distribution or for any commercial enterprise or purpose, without the express prior written consent of Dynamo Media.

VIOLATION OF THIS AGREEMENT - TERMINATION

You agree that Dynamo Media may, in its sole discretion and without prior notice, terminate your access to the Service and/or block your future access to the Service if it determines that you have violated this Agreement or other agreements or guidelines which may be associated with your use of the Service. Please note that it is Dynamo Media policy to terminate the account of users who repeatedly violate the copyrights of third parties.

If Dynamo Media does take any legal action against you as a result of your violation of this Agreement, Dynamo Media will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Dynamo Media. You agree that Dynamo Media will not be liable to you or to any third party for termination of your access to the Service.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HUDSON MEDIA VENTURES AND ITS SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, AND LICENSORS (THE “HUDSON MEDIA VENTURES AFFILIATES”) EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE OR ANY WARRANTY OR CONDITION ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. HUDSON MEDIA VENTURES AND THE HUDSON MEDIA VENTURES AFFILIATES MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) PRODUCER CONTENT WILL BE HOSTED AND/OR TRANSMITTED WITHOUT INTERRUPTION OR CESSATION; (d) ANY PRODUCTS, SITES, INFORMATION OR OTHER MATERIAL, WHETHER IN TANGIBLE OR INTANGIBLE FORM, PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR ANY STANDARD OF QUALITY; AND (e) ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICE OR RELATED SOFTWARE WILL BE CORRECTED.

ANY MATERIAL, INFORMATION, OR DATA DOWNLOADED, VIEWED, SHARED, OR OTHERWISE ACCESSED THROUGH THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULT FROM THE DOWNLOADING, VIEWING, SHARING, OR OTHERWISE ACCESSING OF SUCH MATERIAL. NO ADVICE, REPRESENTATION OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DYNAMO MEDIA OR THROUGH THE HTTP://DYNAMOPLAYER.COM WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT HUDSON MEDIA VENTURES AND THE HUDSON MEDIA VENTURES AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS OF PROFITS, GOODWILL OR BUSINESS REPUTATION; ANY LOSS OF DATA; ANY DISMEMBERMENT YOU MAY SUFFER; ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR ANY OTHER INTANGIBLE LOSSES. THIS ALSO INCLUDES ANY LOSS OR DAMAGES THAT MAY BE INCURRED BY YOU AS A RESULT OF (a) ANY CHANGES THAT DYNAMO MEDIA MAY MAKE TO THE SERVICE; (b) ANY PERMANENT OR TEMPORARY CESSATION OF THE SERVICE; or (c) THE DELETION OR CORRUPTION OF OR FAILURE TO STORE ANY PRODUCER CONTENT MAINTAINED THROUGH THE SERVICE. THE LIMITATIONS AND EXCLUSIONS OF LIABILITY ABOVE SHALL APPLY IRRESPECTIVE OF THE THEORY OF LIABILITY, INCLUDING CONTRACT (INCLUDING FUNDAMENTAL BREACH), WARRANTY, PRODUCT LIABILITY, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF WE (OR OUR AFFILIATES) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU SPECIFICALLY ACKNOWLEDGE THAT DYNAMO MEDIA AND THE DYNAMO MEDIA AFFILIATES SHALL NOT BE LIABLE FOR PRODUCER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, DYNAMO MEDIA AND THE DYNAMO MEDIA AFFILIATES’ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

INDEMNIFICATION

You will indemnify and hold Dynamo Media and/or the Dynamo Media Affiliates harmless from and against any and all liabilities and costs (including reasonable attorneys’ fees) incurred by Hudson Media Ventures and/or the Dynamo Media Affiliates in connection with any claim arising out of your breach of the Agreement. Dynamo Media reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

GENERAL TERMS

Entire Agreement. This Agreement is the whole legal agreement between you and Dynamo Media. It governs your use of the Service and completely replaces any prior agreements between you and Dynamo Media with respect to the Service. You may also be subject to additional terms and conditions that may apply when you use or purchase other services from Dynamo Media and affiliated services.

Governing Law. You agree that all matters relating to your access to or use of the Service, including all disputes, will be governed by the laws of the United States and by the laws of the State of New York without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the State and Federal courts in New York County, New York, and waive any objection to such jurisdiction or venue.

Dispute Resolution. In the event of any controversy or dispute between Dynamo Media and you arising out of or in connection with your use of the Dynamo Service, Dynamo Media will attempt, promptly and in good faith, to resolve the dispute. If Dynamo Media is unable to resolve any such dispute within a reasonable time, either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then both you and Dynamo Media may pursue any right or remedy available under applicable law.

Statute Of Limitations. You agree that, regardless of any statute or law to the contrary, any claim you may have under this Agreement must be brought within one (1) year after the cause of action arises, or such claim or cause of action is forever barred. Hudson Media Ventures may bring claims to enforce this Agreement at any time.

Severability of Terms; Non-waiver of Terms; Assignment. If any portion of the Agreement is held to be invalid or unenforceable, such provision shall be stricken and the remainder of the Agreement enforced as written. If Dynamo Media does not exercise or enforce any legal right or remedy including those contained in the Agreement or arising under applicable law, this will not be taken to be a formal waiver or relinquishment of our rights. Dynamo Media may assign or delegate all rights and obligations under the Agreement, fully or partially.

Notices.Dynamo Media may provide you with notices, including those regarding changes to the Agreement, by email, regular mail, or postings to the Service. The Dynamo Media mailing address is 105 Hudson Street, Suite 400, New York, NY 10013. If you have general questions or concerns regarding these Terms of Use, please contact us in writing at support@dynamoplayer.com or at our mailing address.

Dynamo Publisher Terms of Use

Effective as of December 9, 2012

The following describes the terms under which Dynamo Media, Inc. (“Dynamo Media,” “we,” “our,” or “us”) provide the http://dynamoplayer.com website and Dynamo multi-media player (collectively the “Dynamo Service” or the “Service”) to content producers who wish to make their content available through the Dynamo Service (“Publishers”). 

INTRODUCTION
By using the Service, you accept the Dynamo Producer Terms of Use and the following terms, conditions, and policies, including any future amendments (collectively, the “Agreement”):
Privacy Policy
Copyright Policy

If you register on behalf of a business, you represent to Dynamo Media that you have the authority to bind that business and that your acceptance of this Agreement will be treated as acceptance by that business.

CHANGES AND MODIFICATIONS. Dynamo Media reserve the right, at its sole discretion, to change, modify, add, or remove portions of this Agreement at any time. Such changes will become effective fifteen (15) days after they have been posted to this site or Dynamo Media has otherwise notified you of the change. Though Dynamo Media may attempt to notify you when major changes are made to this Agreement, you should periodically review the most recent version of this Agreement, which is always available from a link on your account management options page. Your continued use of the Dynamo Service following the posting of changes will mean that you accept and agree to the changes. As long as you comply with this Agreement, Hudson Media Ventures grants you a limited, revocable, non-exclusive, non-assignable, non-sublicenseable right to access and use the Service as it is intended to be used and in accordance with this Agreement and applicable law. We grant you no other rights, implied or otherwise.

LINKS TO OTHER SITES.
The Service may contain links to other affiliated or independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Dynamo Media’s control, and Dynamo Media is not responsible for and does not necessarily endorse the content or practices of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

DESCRIPTION OF SERVICES
General Description. The Dynamo Service allows Publishers to publish video content to the internet and seamlessly receive payment from customers who view such content – without the need for customers to downloaded dedicated-players or cumbersome browser plug-ins. Adults Only. The Dynamo Service is intended for adults only. You must be 18 years of age or older to use the Dynamo Service or the http://dynamoplayer.com website, or to create a Producer account with the Service or Dynamo Media. In accordance with Federal Children's Online Privacy Protection Act of 1998 (COPPA), Dynamo Media will never knowingly solicit, nor will we accept, personally identifiable information from Producers known to be under thirteen (13) years of age. Please see our privacy policy for additional information or for how to notify us of any concerns you may have in this regard.

CONDITIONS OF USE AND PRODUCER CONDUCT
As a condition of use, you agree to the following: To publish content through the Dynamo Service, you will be required to create an account at the http://dynamoplayer.com website. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to immediately notify Dynamo Media of any unauthorized use of your account or password, or any other breach of security. You will not use the Service to harass, threaten, impersonate, or intimidate anyone. You will not upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable. You will at all times comply with the reporting requirements of 18 U.S.C. 2257. If your Producer Content is adult-oriented and/or intended for mature audiences, you must not disseminate such Producer Content through or using the Service to any website which is targeted to children under eighteen (18) years of age or to any other website and/or service for which such content is inappropriate and/or illegal. You will not upload, post, email, transmit, or otherwise make available any content that is in violation of copyright law, trademark law, or any other law protecting intellectual property in any jurisdiction, or that violates an individual’s right to publicity or privacy. You will not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "affiliate links," or any other form of solicitation. You will not transmit any worms or viruses or any code of a destructive nature. You will not copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof. You will not violate any local laws in your jurisdiction (including but not limited to intellectual property laws). You will not use the Service for any illegal or unauthorized purpose. If you are an international Producer, you agree to comply with all local laws regarding online conduct and acceptable content. You will not misrepresent your content in any way.

CONTENT
The Service allows you to upload, transmit, publish, and disseminate videos and other content (“Producer Content”). The Service also allows you to share such content through third-party web services such as Digg, Facebook, and Delicious. When you upload or otherwise provide your own original Producer Content to or through the Service, you retain ownership of any copyright (and any other rights) you already hold in your Producer Content. You also represent and warrant that, with respect to all Producer Content that you upload, transmit, publish, and disseminate through the Service, (a) you have all the rights and licenses necessary to use, reproduce, publish, display publicly, perform publicly, distribute or otherwise exploit such Producer Content in connection with the Service, and to grant to Dynamo Media the licenses set forth in this Agreement; (b) the Producer Content will not infringe or otherwise violate the copyright, trademark, or any other right of any third party; (c) you have the consent, release, and/or permission of each identifiable person depicted in your Producer Content to upload, transmit, publish, and/or disseminate their name and/or likeness through the Service, and (d) if your Producer Content is of an adult nature, that you have complied with the record-keeping requirements for such content set forth in 18 U.S.C. 2257. When you post your own copyrightable Producer Content to or through the Service, you retain ownership of any copyright you claim to your submitted Content. However, by submitting Producer Content as set forth above, you hereby do and shall grant to Dynamo Media and its successors, assigns, and third party service providers, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, modify, create derivative works based on, distribute, publicly display, and publicly perform, the Producer Content solely for purposes of providing you with the Service and advertising and promoting the Service, in any medium and by any means currently existing or yet to be devised. You also hereby do and shall grant to each user of the Service a worldwide, non-exclusive license to access, view, link to, and share your Producer Content solely as permitted by and through the Service. Dynamo Media makes Producer Content available at its sole discretion and may disable access to any Producer Content at any time and for any reason. By using the Service, you acknowledge and agree that Dynamo Media does not guarantee access to and/or hosting of Producer Content that is published through the Service. For example, if Producer Content violates these Terms of Use, access to it may be disabled. Also, if a particular piece of content creates too large a demand on the Service, it may result in access to the content being temporarily or permanently disabled.

PAYPAL ACCEPTABLE USE POLICY
By using the Service you further warrant that all Producer Content complies with the PayPal Acceptable Use Policy (available for review here: https://cms.paypal.com/us/cgi-bin/marketingweb?cmd=_render-content&content_ID=ua/AcceptableUse_full&locale.x=en_US).

USE OF PRODUCER NAME AND LIKENESS When you post Producer Content to or through the Service, you hereby do and shall grant to Hudson Media Ventures and its successors, assigns, and third party service providers, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable, and transferable license to use your name and likeness for the purposes of promoting and advertising the Dynamo Service.

PAYMENT TERMS
Pricing Producer Content: Producer is solely responsible for setting the price for its Producer Content distributed through the Service (the “Content Price”), provided that the minimum Content Price shall be no less than $1.99.
Revenue Distribution: In consideration for the Services provided by Dynamo Media, Producer agrees to the following distribution of revenue for Producer’s Producer Content sold through the Service: Producer (you): 70% of the Content Price for each individual sale of the Producer Content. Dynamo Media (us): 30% of the Content Price for each individual sale Producer Content, or a separately agreed upon set of terms. Dynamo Media will make commercially reasonable efforts to electronically disburse funds owed to Producers in excess of $100 directly upon receipt of a request from the Producer. Amounts due to the Producer which are less than $100 may be withheld for up to 30 days. No payments will be processed for less than $1.00. Payments will be made through the electronic payment service options (e.g., PayPal) provided through the Service unless otherwise agreed upon. Producer will be responsible for any fees incurred as a recipient of funds. Dynamo Media reserves the right to withhold a reasonable processing fee associated with any payment to the Producer that cannot be made by the readily available electronic payment options. If you dispute any disbursement or accounting records made under this Agreement, you must notify Dynamo Media in writing within thirty (30) days of such disbursement. Failure to notify Dynamo Media in this manner will result in your waiver of any claim relating to such dispute. Dynamo Media will use reasonable efforts to resolve any such dispute in good faith. You are responsible for any and all applicable taxes or charges imposed by any government entity in connection with your use of the Service. Dynamo Media may require Producers to submit tax information as required by U.S. law prior to disbursement of funds.

Dynamo Media may change its pricing and/or disbursement structure at any time, upon fifteen (15) days prior notice of any such change (unless Dynamo Media is required by law to provide more than thirty (30) days notice). All modified pricing and/or disbursement terms shall be effective fifteen (15) days after notice has been provided to you by Dynamo Media (or such other time period specified in such notice).

COPYRIGHT POLICY
If you believe that the Dynamo Media, or any Producer(s) using the Service, has violated a copyright you claim in your work, please contact us pursuant to the Digital Millennium Copyright Act (“DMCA”) at copyright@dynamoplayer.com and review our copyright policy for more details on how to properly notify us of a DMCA issue.

DYNAMO PLAYER INTELLECTUAL PROPERTY
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, content, and computer code (collectively, “Dynamo Media Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Dynamo Media Content, contained in the Service is owned, controlled, or licensed by or to Dynamo Media, and is protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property and other rights. Your Producer Content (as defined above) is owned by you, and is not Dynamo Media Content. Except as expressly provided in this Agreement or otherwise permitted by law, no Dynamo Media Content may be used, copied, reproduced, modified, republished, uploaded, posted, publicly displayed, publicly performed, publicly performed by means of a digital audio transmission, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or any other medium for publication or distribution or for any commercial enterprise or purpose, without  Dynamo Media's express prior written consent. For the avoidance of doubt, and without limiting the forgoing, you retain ownership in any trademarks, logos, trade dress or other design elements owned by you which you apply to the Dynamo multi-media player as may be permitted through the functionality of the Service (e.g., skins).

VIOLATION OF THIS AGREEMENT - TERMINATION
You agree that Dynamo Media may, in its sole discretion and without prior notice, terminate your access to the Service and/or block your future access to the Service if it determines that you have violated this Agreement or other agreements or guidelines which may be associated with your use of the Service. Please note that it is Dynamo Media policy to terminate the account of Producers who repeatedly violate the copyrights of third parties. If Dynamo Media does take any legal action against you as a result of your violation of this Agreement, Dynamo Media will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Dynamo Media. You agree that Dynamo Media will not be liable to you or to any third party for termination of your access to the Service.

DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HUDSON MEDIA VENTURES AND ITS SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, AND LICENSORS (THE “HUDSON MEDIA VENTURES AFFILIATES”) EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE OR ANY WARRANTY OR CONDITION ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. HUDSON MEDIA VENTURES AND THE HUDSON MEDIA VENTURES AFFILIATES MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) PRODUCER CONTENT WILL BE HOSTED AND/OR TRANSMITTED WITHOUT INTERRUPTION OR CESSATION; (d) ANY PRODUCTS, SITES, INFORMATION OR OTHER MATERIAL, WHETHER IN TANGIBLE OR INTANGIBLE FORM, PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR ANY STANDARD OF QUALITY; AND (e) ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICE OR RELATED SOFTWARE WILL BE CORRECTED. ANY MATERIAL, INFORMATION, OR DATA DOWNLOADED, VIEWED, SHARED, OR OTHERWISE ACCESSED THROUGH THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULT FROM THE DOWNLOADING, VIEWING, SHARING, OR OTHERWISE ACCESSING OF SUCH MATERIAL. NO ADVICE, REPRESENTATION OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HUDSON MEDIA VENTURES OR THROUGH THE HTTP://DYNAMOPLAYER.COM WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT HUDSON MEDIA VENTURES AND THE HUDSON MEDIA VENTURES AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS OF PROFITS, GOODWILL OR BUSINESS REPUTATION; ANY LOSS OF DATA; ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR ANY OTHER INTANGIBLE LOSSES. THIS ALSO INCLUDES ANY LOSS OR DAMAGES THAT MAY BE INCURRED BY YOU AS A RESULT OF (a) ANY CHANGES THAT HUDSON MEDIA VENTURES MAY MAKE TO THE SERVICE; (b) ANY PERMANENT OR TEMPORARY CESSATION OF THE SERVICE; (c) THE DELETION OR CORRUPTION OF OR FAILURE TO STORE ANY PRODUCER CONTENT MAINTAINED THROUGH THE SERVICE; OR (d) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE. THE LIMITATIONS AND EXCLUSIONS OF LIABILITY ABOVE SHALL APPLY IRRESPECTIVE OF THE THEORY OF LIABILITY, INCLUDING CONTRACT (INCLUDING FUNDAMENTAL BREACH), WARRANTY, PRODUCT LIABILITY, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF WE (OR OUR AFFILIATES) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT HUDSON MEDIA VENTURES AND THE HUDSON MEDIA VENTURES AFFILIATES SHALL NOT BE LIABLE FOR PRODUCER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, HUDSON MEDIA VENTURES AND THE HUDSON MEDIA VENTURES AFFILIATES’ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. INDEMNIFICATION You will indemnify and hold Hudson Media Ventures and/or the Hudson Media Ventures Affiliates harmless from and against any and all liabilities and costs (including reasonable attorneys’ fees) incurred by Hudson Media Ventures and/or the Hudson Media Ventures Affiliates in connection with any claim arising out of your breach of the Agreement. Hudson Media Ventures reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

GENERAL TERMS - ENTIRE AGREEMENT.
This Agreement is the whole legal agreement between you and Dynamo Media. It governs your use of the Service and completely replaces any prior agreements between you and Dynamo Media with respect to the Service. You may also be subject to additional terms and conditions that may apply when you use or purchase other services from Dynamo Media and affiliated services. Governing Law. You agree that all matters relating to your access to or use of the Service, including all disputes, will be governed by the laws of the United States and by the laws of the State of New York without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the State and Federal courts in New York County, New York, and waive any objection to such jurisdiction or venue. Dispute Resolution. In the event of any controversy or dispute between Dynamo Media and you arising out of or in connection with your use of the Dynamo Service, Dynamo Media will attempt, promptly and in good faith, to resolve the dispute. If Dynamo Media is unable to resolve any such dispute within a reasonable time, either party may submit such controversy or dispute to mediation. If the dispute is not resolved through mediation, then both you and Dynamo Media may pursue any right or remedy available under applicable law. Statute Of Limitations. You agree that, regardless of any statute or law to the contrary, any claim you may have under this Agreement must be brought within one (1) year after the cause of action arises, or such claim or cause of action is forever barred. Dynamo Media may bring claims to enforce this Agreement at any time. Severability of Terms; Non-waiver of Terms; Assignment. If any portion of the Agreement is held to be invalid or unenforceable, such provision shall be stricken and the remainder of the Agreement enforced as written. If Dynamo Media does not exercise or enforce any legal right or remedy including those contained in the Agreement or arising under applicable law, this will not be taken to be a formal waiver or relinquishment of our rights. Dynamo Media may assign or delegate all rights and obligations under the Agreement, fully or partially. Notices. Dynamo Media may provide you with notices, including those regarding changes to the Agreement, by email, regular mail, or postings to the Service. Dynamo Media's mailing address is 105 Hudson Street, Suite 400, New York, NY 10013. If you have general questions or concerns regarding these Terms of Use, please contact us in writing at support@dynamoplayer.com or at our mailing address.

Dynamo Privacy Policy

Effective as of July 23, 2012

INTRODUCTION

We take the privacy of our Dynamo website and multi-media player users very seriously. Please read this Privacy Policy to learn more about how Dynamo Media Inc. (aka "Dynamo" or "Dynamo Media"; fka “Hudson Media Ventures, Inc” “we,” our,” or “us”) treats information, including personally identifiable information, in connection with the http://dynamoplayer.com website, Dynamo multi-media player (collectively the “Dynamo Service” or the “Service”) and any associated media interface or content systems managed or owned by Dynamo Media. We provide this Privacy Policy because you have a right to know what information we collect, how it is protected and used, and the circumstances under which it may be disclosed. If you have comments, suggestions, questions, or concerns about our Privacy Policy, please contact us via email at privacy@dynamoplayer.com or in writing at: 105 Hudson Street, Suite 400, New York, NY 10013

Online Privacy Standards. We follow the principles supported by the Federal Trade Commission’s Fair Information Practices Principles, currently available at http://www.ftc.gov/reports/privacy3/fairinfo.shtm.

What This Policy Covers. This policy covers the ways in which Hudson Media Ventures treats information, including personally identifiable information, which we obtain when you use our Service. We regard personally identifiable information as information that someone can use to identify or contact you in person, such as your real name, telephone number, birth date, email address, or physical mailing address. Information that we use internally to identify you as a user in our system is not considered personally identifiable information.

What This Policy Does Not Cover. This policy does not cover the privacy practices of third parties that we do not own or control, such as the practices of Producers who publish content using the Service, third-party payment processing services, third party plug-ins which made be made available for use with the Service, or our partners and advertisers. In addition, we may provide links to other services and on occasion to other sites that may interest you. All of these sites operate independently of Dynamo Media and they have their own privacy and security practices. For your best on-line experience, we encourage you to review their policies before submitting any personal information to them.

Types of Users. There are two types of users of the Dynamo Service: Producers and Viewers. Producers create accounts at http://dynamoplayer.com, and use the Service to make their content available to Viewers. Viewers use the Dynamo Service to seamlessly purchase and view content made available by Producers. Viewers may also elect to create user accounts if they choose. Unless the context of this policy makes clear the type of user (Producer or Viewer) referenced by the, the term “you,” as used in this policy, refers to both Producers and Viewers.

HOW WE COLLECT INFORMATION

Information Producers Provide During Account Creation

Registration Information For Producers. During the process by which Producers register for a user account, we require that the Producer provide its name and email address. We will send you an email to verify that you are the owner of the provided email address. If you are a Producer and choose to receive payments by check, you will also need to provide your physical mailing address. You will also choose a User Name that we will use to identify you in our system. Dynamo may also require detailed demographic information, financial information, social media account information in addition to any details that may required by law in order to use some service features.

Access To Your Personal Information. In general, we make it easy for Producers to view the personally identifiable information we have collected from that Producer. That information is available at the Producer’s user account page, where Producers can add, edit, or delete such personally identifiable information as the Producer sees fit.

Optional Information You Provide

Surveys and Contests. Your participation in contests or surveys offered by and through the Dynamo Service is entirely optional. Should you choose to participate in a contest or survey, we may collect personally identifiable information from you as a condition of that participation. If you do not wish to disclose the requested information, please do not participate in the contest or survey for which it is required.

Information Provided By Viewers Before Viewing Content

Viewers must provide Dynamo Media with a valid email address to view content provided through the Dynamo Service. In addition, when selecting paid content, Viewers may be presented with the option to establish a Dynamo user account or to pay for the content on a one-time-transaction (e.g., a la carte) basis.

If you choose to create a Dynamo user account, we require that you provide your name and email address. We will send you an email to verify that you are the owner of the provided email address. You may also be required to provide payment information or authorization (e.g., PayPal account information and consent documentation) that can be used to purchase content through the Dynamo Service. Dynamo may also require detailed demographic information, financial information, social media account information in addition to any details that may required by law in order to use some service features.

If you choose to pay for the content on a one-time-transaction (e.g., a la carte) basis, you will be required to provide payment information (e.g., PayPal account information) that can be used to complete that purchase. Because the Dynamo Service allows you to replay content you have purchased (subject to the terms selected by the Producer of such content) we will also create a temporary account in our system that will allow you to access the content in accordance with its terms. Once the temporary account is no longer useful, we will schedule this temporary account and all information associated with the temporary account for deletion.

Information We Do Not Collect From Any Users

Children. As explained further in our Viewer Terms of Use (available at http://dynamoplayer.com/content/terms-use), and Producer Terms of Use (available through a link on each Producer’s account management options page), you must be 18 years of age or older – or, if you are under the age of majority in your jurisdiction, have the consent of your parent or guardian – to use the Dynamo Service. Therefore, we do not knowingly collect personally identifiable information about children. In accordance with Federal Children's Online Privacy Protection Act of 1998 (COPPA), Hudson Media Ventures will never knowingly solicit, nor will we accept, personally identifiable information from users known to be under thirteen (13) years of age. If you believe that we have information from or about anyone under 13 years of age, please notify us by email at privacy@dynamoplayer.com or write to our Privacy Officer at the address noted above.

Social Security Number. We do not require your social security number to use the Dynamo Service, but may be legally required to obtain your social security number or other identifiable tax and finance information in certain circumstances in order to comply with state and federal accounting requirements or other legal obligations.

Information We Track

Log Files. Similar to many websites and internet services, we gather certain anonymous, non-personal information automatically and store it in web server log files. This information includes internet protocol addresses, browser type, internet service provider (ISP), site entry/exit pages, operating system, date/time stamp, and click stream data. We use this information to improve our site, analyze trends, administer the site, and gather aggregate information about our user base as a whole. Aggregate information is data we collect about a group or category of services or users from which individual user identities have been removed, and therefore does not include your personally identifiable information.

Cookies. A cookie is a small text file that is stored on a user's computer for record-keeping purposes. It can also help us understand how our site visitors click to our site, what pages they view during their visit, and their account and preference information as users of the Service. Similar to many websites, the Dynamo Service stores an encrypted cookie on your computer so we can remember you when you come back without requiring you to log in each time. Cookies also allow us to track and understand the interests of our users to enhance the overall experience on our site. Cookies used by Hudson Media Ventures do not include your personally identifiable information

If you prefer not to receive cookies, you can set your web browser software to disable them. To do so, please refer to the help section of your specific browser for more information on how to manage or disable cookies. Please note that your browser must be configured to accept cookies to use the Dynamo Service.

HOW WE USE INFORMATION

In Dynamo Media Communications

We use emails and/or prominent notifications on our website and third-party sites as our primary means to inform our users of important Service and promotional announcements.

Service-Related Announcements. When a Producer establishes an account at http://dynamoplayer.com, we use the email address provided during account creation to deliver important Service-related announcements to that Producer. Examples of Service-related announcements include: email verification during registration, requests for password reset, important security or server maintenance updates, upgrades, and new releases, or policy changes. These Service-related announcements are considered a fundamental part the Dynamo Service, and Producers cannot opt-out of these email announcements.

Promotional Announcements. In order to improve the experience for our users, Dynamo Media will periodically send Dynamo feature updates and recommendations via email communication. These communications are enhancements to our service and are optional. We will make it easy for you to unsubscribe from these communications either through the emails themselves or though your account management options page.

Refer A Friend Program. If you choose to use our referral tool to tell a friend about the Dynamo Service, or about specific content made available through the Service, we may ask you for your friend’s name and email address. At your request we will automatically send your friend a one-time email inviting him or her to visit the site or view the content you wish to share. We store this information for the purpose of sending this one-time email, and to track the success of our referral program only. Dynamo Media will not use this email address for any other purpose.

On Our Website

Identification Of Producers By User Name. When Producers publish content through the Dynamo Service, that content will be identified by the Producer’s User Name. In these circumstances, we will only identify a Producer by its User Name. In using our Service Producers are not required to provide or publicize any personally identifiable information in connection with content published using the Service.

Site Statistics. As noted above, we use information collected from our web log files to calculate and publish anonymous, non-personal, aggregate statistics that we believe our users are interested in viewing. For example, we may track and publish the total number of users who have viewed a particular piece of published content. We publish this data in aggregate form only, and do not tie it to any personally identifiable information.

For Internal Reporting and Analysis

As noted above, we use information gathered from log files and cookies to improve our site, analyze trends, administer the site, track users' movements around the site, and to gather aggregate information about our user base as a whole. We do not tie this data to personally identifiable information.

HOW WE SHARE AND DISCLOSE INFORMATION

With Third-Parties

Sharing, Renting, and Selling Information We Collect. We will neither rent nor sell your personally identifiable information to anyone. Occasionally we share anonymous, non-personal, aggregate information about our user base with partners or advertisers, and we may publish these aggregate usage statistics on our website for the interest of our users. We do not tie this shared or published data to the personally identifiable information of any person.

Linked Services. In some cases, we allow you to access or link to other web services through our website. For example, we allow users to share content using Facebook and Twitter, among others. We also allow you to pay for content purchased through the Service using selected third party payment processing services (e.g., PayPal). We make it easy for you to determine when you are accessing or linking to these other web services through our website. In all of these cases, those sites may choose to collect your personal information as they deem appropriate. As noted above, we are not responsible for or in control of how third parties collect, use, or disclose your information obtained through these linked services. We encourage you to be aware when you are using these third party services and, for your best on-line experience, we encourage you to review their policies before submitting any personal information to them.

As Necessary In Certain Legal Circumstances

Legal Requirements. We reserve the right to disclose your information, including personally identifiable information, when we have a good faith belief that access, use, preservation or disclosure of such information is necessary to (a) comply with any law, regulation, legal process or enforceable governmental request, (b) enforce these Terms of Service, including investigation of potential violations of these Terms of Service, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against harm to the rights, property or safety of Dynamo Media, its users, or the public as required or permitted by law.
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Acquisition. If Dynamo Media becomes involved in a merger, acquisition, or any form of sale of some or all of its assets, including bankruptcy, our assets, including user information, may be transferred to a third party. At that time, your user information may become subject to that third party’s privacy policy. Before we transfer your user information, we will notify you either by email or by posting a prominent notice on our site, and we will remind you of your ability to add, edit or delete your personally identifiable information from your account management options page in advance of any such transfer.

HOW WE KEEP INFORMATION SECURE

Security of Account Information. Producer and Viewer account information is password-protected. We will not share your password with anyone. Please do not share your password with anyone, and remember to change your password from time to time, to keep your account information secure.

Network Security. We have implemented a variety of commercially standard encryption and security technologies and procedures to protect information, including your personal information, stored in our computer systems from unauthorized access. Please be aware that no method of transmission over the internet, or method of electronic storage, is 100% secure, thus we strive to use commercially acceptable means to protect your personal information, but we cannot guarantee its absolute security.

Management Procedures. We also maintain standard physical and electronic procedural safeguards that limit access to your personally identifiable information to our employees (or people working on our behalf and under confidentiality agreements) who, through the course of standard business activities, need to access your personally identifiable information.

YOUR PERSONAL CHOICES

Receiving Communications. If you subscribe to any promotional communications, you will be able to unsubscribe from these communications through your account management options or through the emails we send you.

Editing / Deleting Producer Account Information. Any user who establishes a Dynamo Service account can view the personally identifiable information we have collected from that user. That information is available at the user’s account pages, where users can add, edit, or delete such personally identifiable information as the user sees fit. To completely delete your account and accompanying personal information, please contact us at support@dynamoplayer.com.

UPDATES TO OUR PRIVACY POLICY

From time to time, we will review and may make changes to our privacy policy. When we do so, we will notify you either by email or place a prominent notice on our website. The most recent version of our privacy policy is always available from a link on our homepage, and at http://site.dynamoplayer.com/legal.

COPYRIGHT AND DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE POLICY Dynamo Media, Inc. ("Dynamo Media" or "Dynamo"; fka “Hudson Media Ventures”) has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”) (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Dynamo Media’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy. It is Dynamo Media policy to (1) block access to or remove any content (including, without limitation, text, graphics, and photos) (collectively, “Content”) that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders. A. PROCEDURE FOR REPORTING COPYRIGHT INFRINGEMENTS: If you believe that Content residing on or accessible through the Dynamo Media Service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below: 1. Identification of the copyrighted work that you claim has been infringed on or through the Dynamo Services, including the copyright registration number for any such work if applicable; 2. Identification of the Content that you claim has infringed on the identified copyrighted work, including (a) a description of how the material in question is using the copyrighted work in a way that constitutes copyright infringement, and (b) a description of where the material in question is located on or in the Dynamo Media Service, with sufficient detail that we may verify the existence of the material within the Dynamo Media Service; 3. Your contact information, including your full name, mailing address, telephone number, and email address; 4. A statement by you that you have a good faith belief that the disputed use of the copyrighted materials is not authorized by the copyright holder, its agents, or the law; 5. A statement by you, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright holder or are the authorized to act on behalf of the copyright holder; and 6. An electronic or physical signature of the person authorized to act on behalf of the copyright holder. B. ONCE PROPER BONA FIDE INFRINGEMENT NOTIFICATION IS RECEIVED BY THE DESIGNATED AGENT: It is Hudson Media Ventures’ policy: 1. to remove or disable access to the allegedly-infringing Content; 2. to notify the user whose Content has been removed or disabled; and 3. that repeat offenders will have the allegedly-infringing Content removed from the Service and that Hudson Media Ventures will terminate such user’s access to the Service. C. PROCEDURE TO SUPPLY A COUNTER-NOTICE TO THE DESIGNATED AGENT: If the notified-user believes that the Content that was removed or to which access was disabled is either not infringing, or the user believes that he or she has the right to post and use such Content from the copyright owner, the copyright owner’s agent, or pursuant to the law (including as a fair use), the notified-user must send a counter-notice containing the following information to the Designated Agent listed below: 1. Identification of the Content that has been removed or disabled, including a description of the where the material in question appeared on the Hudson Media Ventures Service before it was removed or disabled; 2. A statement by you, made under penalty of perjury, that you have a good faith belief that the Content was removed or blocked as a result of a mistake or misidentification of the Content in question; 3. Your contact information, including full name, mailing address, telephone number, and email address; 4. A statement by you that you consent to the jurisdiction of the Federal Court for the judicial district in which your address is located or, if your address is outside of the USA, for the judicial district in which Hudson Media Ventures is located, and that you will accept service of process from the person who provided notification of the alleged infringement; 5. Your electronic or physical signature. If a counter-notice is received by the Designated Agent, Dynamo Media may send a copy of the counter-notice to the original complaining party informing that party that Dynamo Media may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Dynamo Media's discretion. Please contact Dynamo Media's Designated Agent to Receive Notification of Claimed Infringement at the following address: Designated Agent to Receive Notification of Claimed Infringement: Lowenstein Sandler PC Attention: Ray Thek, Esq. 1251 Avenue of the Americas, New York, NY 10020 Tel: 212-262-7400 Email: copyright@dynamoplayer.com