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MichaelG

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Gittler Instruments respects the intellectual property of others and expects its customers and the users of its web site to do the same.

DO NOT POST ANY TEXT, PHOTOGRAPH OR VIDEO WHICH IS NOT ORIGINAL TO YOU, OR FOR WHICH YOU ARE NOT THE COPYRIGHT OWNER OR HAVE NOT OBTAINED WRITTEN PERMISSION FROM THE COPYRIGHT OWNER TO POST. ALSO DO NOT POST ANY PICTURE OR VIDEO WITH OTHER PEOPLE IN IT WITHOUT THEIR EXPRESS WRITTEN CONSENT. DO NOT POST ANY COPYRIGHT INFRINGING, TRADEMARK INFRINGING, RIGHT OF PUBLICITY VIOLATING, UNTRUE, OBSCENE, PORNOGRAPHIC, DEFAMATORY, ABUSIVE, RACIALLY OR ETHINICALLY INSENSITIVE OR INSULTING MATERIAL ON THE SITE.

If you do any of the above we will 1. Suspend your account for 30 days and if the action(s) are repeated we will permanently terminate your account; 2.identify you to whomever’s rights you have violated, and 3. if you cause us any damages, expenses or harm we will seek reimbursement from you for all such expenses. Specifically, you agree to defend, indemnify, and hold harmless Gittler Instruments its affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from, and against, any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from the content you post, breach of your warranties or representations and/or any breach by you of your obligations to us.
If you feel your copyrights have been violated by material posted on the website, we comply with a take down and counter notification provision.
If you believe your copyright protected work has been infringed upon on our website, please file a proper DMCA Take Down Notice. To file such a notice of infringement with us, you must provide a written communication (by fax or regular mail – in addition to any e-mail notification that sets forth the statutory items set forth below.

IMPORTANT: You will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material is infringing your copyrights when it is not. If you are unsure if material found on our web site infringes your copyrights, we recommend that you contact an attorney before sending us a notice.

The notice MUST contain the following information:

a. Identify in sufficient detail the copyrighted work or trademark usage that you believe has been infringed upon (for example, “The copyrighted work at issue is the photograph that appears on http://www.abc.com/page_.html“) or other information sufficient to identify the copyrighted work being infringed.
b. Identify the material that you claim is infringing the copyrighted work listed above. You must provide the URL to each Gittler Instruments website page that allegedly contains infringing material.
c. Provide your address, telephone number and email address such that Gittler Instruments can contact you.
d. Provide information, if possible, sufficient to permit Gittler Instruments to notify the owner/poster of the allegedly infringing webpage and/or other content (an email address is recommended).
e. You must include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner or trademark owner, its agent, or the law.”
f. You must include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright/trademark owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
g. Sign your take down notice.
h. Send the written communication to the following address:

Gittler Instruments
Attn: Copyright Enforcement
russ@gittlerinstruments.com

Any allegedly infringing trademarked material that is used without permission of the trademark owner may be removed at Gittler Instruments discretion.
Any of our users who post any material which is claimed by a third party to be infringing agrees that Gittler Instruments may remove it, in its sole discretion, without any liability to the poster for any claims, damages, expenses and/or costs of any type.

Gittler Instruments does not make any determinations as to whether third party claims have merit or if there is a defense to such claims. It does not arbitrate or make legal determinations as to whether a particular use of material is authorized, subject to a license, a fair use or otherwise allowed, and does not wish to be involved in such disputes between third parties. Thus, Gittler Instruments right of removal shall apply even if the poster has in fact the right to post the content.

You agree that any dispute between us will be governed by the laws of the State of New York and resolved in New York and you grant the courts in New York personal jurisdiction over you for these purposes.

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