Cinefile

CINEFILE.COM COPYRIGHT POLICY

Cinefile, Inc. (“Cinefile”, “we”, “us” or “our”) respects the intellectual property of others. We have adopted and implemented a policy to respond promptly to claims of intellectual property misuse and, where applicable, remove the potentially infringing material.

Pursuant to Title 17, United States Code, Section 512 as amended by Title II of the Digital Millennium Copyright Act ("DMCA"), we have implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the DMCA.

Pursuant to Section 512(c)(2) of the DMCA, notifications of claimed copyright infringement must be sent to Cinefile’s Designated Agent.

Name of Agent Designated to Receive Notification of Claimed Infringement:

Charles A. Fiedler

Postal Mail Address of Designated Agent:

Cinepod, Inc. P.O. Box 410815 Chicago, Illinois 60641-0815

Email Address of Designated Agent: copyright@cinefile.com

If you believe your copyrights are being infringed by a Cinefile Member or other third party on the Site or through the Services, please report alleged copyright infringements by completing the following Cinefile Notice of Alleged Infringement (the “Notice”) and delivering by postal mail or email to the Designated Agent. Upon receipt of Notice, Cinefile will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Site and/or termination of the Cinefile Member's Account.

Notice of Alleged Infringement

The Notice must substantively comply with the safe harbor provisions of the DMCA and must contain the following information as set forth in Section 512(c)(3)(A) of the DMCA, that includes the following as set forth in (1)-(6) below:

(1). A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(2). Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(3). Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

(4). Information reasonably sufficient to permit the service provider to contact the complaining party such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;

(5). A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(6). A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. A Notice that fails to substantially comply with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent. You must provide a separate Notice each time you report alleged acts of infringement. We may give you notice that we have removed or disabled access to certain material by means of a general notice on the Site, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication to the Designated Agent that includes the following as set forth in forth in (1)-(4) below:

(1). Your physical or electronic signature;

(2). Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

(3). A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

(4). Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States of America, for any judicial district in which Site may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person. If everything appears to be in order with your counter-notice, we will forward it to the complaining rights owner. The DMCA then allows us to restore your content if the rights owner does not file a court action against you within ten (10) business days of receiving the copy of your counter-notice. Please be aware that the DMCA makes users liable for materially misrepresenting in a counter-notice that their content was removed by mistake. Therefore, if you are not confident of your claims, we suggest you seek legal advice before filing a counter-notice with us.