AVATAR REALITY, INC. INTELLECTUAL PROPERTY ENFORCEMENT POLICY
LAST REVISION: AUGUST 18, 2009

General

Avatar Reality, Inc. does not pre-screen content uploaded to Blue Mars by Blue Mars users. As such, Avatar Reality is not responsible for this content. However, Avatar Reality respects intellectual property rights, and has created the following procedure for reporting instances of alleged infringement of copyright and trademark rights.

Avatar Reality cannot and will not evaluate the merits of claims of infringement or misuse of copyright or trademark rights.

If you make a report to Avatar Reality pursuant to this Intellectual Property Enforcement Policy, all information contained in the report may be provided to the alleged infringer or, in the case of a counter-notification, the initial claimant. The Avatar Reality Privacy Policy does not apply to information provided to Avatar Reality pursuant to the Intellectual Property Enforcement Policy.

Trademark

When we receive a proper notification of alleged trademark or service mark (collectively, "trademark") misuse as described below, we act expeditiously to remove or disable access to the allegedly infringing material.

A. Notification of Alleged Trademark Misuse

If you believe that your trademark is being misused in Blue Mars, you may provide Avatar Reality with a written communication as set forth herein. For us to act on your notification, the written communication must include the following:

1.      Identification of the trademark that you claim is being misused.

2.      Identification of the specific location in Blue Mars that contains the material that you claim comprises trademark misuse. You must provide us with sufficient information to enable us to locate the alleged infringing material.

3.      The electronic or physical signature of the owner of the trademark or a person authorized to act on the owner's behalf.

4.      A statement by you that you have a good faith belief that the disputed use is not authorized by the trademark owner, its agent, or the law.

5.      A statement by you that the information contained in your notice is accurate and that you attest under penalty of perjury that you are the trademark owner or that you are authorized to act on the trademark owner's behalf.

6.      Your name, mailing address, telephone number and email address.

You may submit any notification of alleged trademark misuse to Avatar Reality's Intellectual Property Agent by fax, mail, or email as set forth below:

Intellectual Property Agent

Avatar Reality, Inc.

55 Merchant Street

Suite 1700
Honolulu, HI 96813

Fax: (808) 954-6101

Email: ip@avatar-reality.com

Upon receiving a proper notification of alleged trademark misuse as described in this Section A, we will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the counter-notification procedure described below in Section B by which the alleged infringer may respond to your claim and request that we restore this material.

Please note that if you materially misrepresent that the reported content comprises trademark misuse you may be liable for damages, including costs and attorneys' fees.

B. Trademark Counter-Notification

If you believe your material has been removed from Blue Mars as a result of mistake or misidentification, you may submit a written counter-notification to Avatar Reality's Intellectual Property Agent as set forth herein. For us to act on your counter-notification, the written communication must include the following:

1.      Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.

2.      A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

3.      A statement that you consent to the jurisdiction of the United States District Court in which your address is located, or if your address is outside the United States, of the United States District Court for the Northern District of California.

4.      A statement that you will accept service of process from the party that filed the notification of alleged copyright infringement or the party's agent.

5.      Your physical or electronic signature.

6.      Your name, address and telephone number.

You may submit your counter-notification to Avatar Reality's Intellectual Property Agent by fax, mail, or email as set forth below:

Intellectual Property Agent

Avatar Reality, Inc.

55 Merchant Street

Suite 1700
Honolulu, HI 96813

Fax: (808) 954-6101

Email: ip@avatar-reality.com

If you send us a written counter-notification meeting the requirements described above, we will promptly notify the party filing the original notification of alleged trademark misuse of your counter-notification. We will then restore your removed or disabled material after 10 business days but no later than 14 business days from the date we receive your counter notification, unless our Intellectual Property Agent first receives notice from the party filing the original notification of alleged trademark misuse informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.

Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorneys' fees.

Copyright

When we receive a proper notification of alleged copyright infringement as described below, we act expeditiously to remove or disable access to the allegedly infringing material in accordance with the Digital Millennium Copyright Act ("DMCA").

A. Notification of Alleged Copyright Infringement

If you believe that your own copyrighted work is being used in Blue Mars in violation of your copyright, you may provide our Intellectual Property Agent with a written communication as set forth in Section 512(c)(3) of the DMCA. The written communication must include the following:

1.      Identification of the copyrighted work that you claim has been infringed.

2.      Identification of the specific location in Blue Mars that contains the material that you claim infringes your copyright described in Item 1 above. You must provide us with sufficient information to enable us to locate the alleged infringing material.

3.      Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.

4.      Include a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

5.      Include a statement by you that the information contained in your notice is accurate and that you attest under penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner's behalf.

6.      Include your name, mailing address, telephone number and email address.

You may submit any notification of alleged copyright infringement to Avatar Reality's Intellectual Property Agent by fax, mail, or email as set forth below:

Intellectual Property Agent

Avatar Reality, Inc.

55 Merchant Street

Suite 1700
Honolulu, HI 96813

Fax: (808) 954-6101

Email: ip@avatar-reality.com

Please note that if you materially misrepresent that the reported content comprises copyright infringement you may be liable for damages, including court costs and attorneys' fees.

Upon receiving a proper notification of alleged copyright infringement as described in this Section A, we will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the DMCA statutory counter-notification procedure described below in Section B by which the alleged infringer may respond to your claim and request that we restore this material.

B. Copyright Counter-Notification

If you believe your material has been removed from Blue Mars as a result of mistake or misidentification, you may submit a written counter-notification letter to Avatar Reality's Intellectual Property Agent pursuant to Sections 512(g)(2) and (3) of the DMCA. To be an effective counter-notification under the DMCA, your letter must include the following:

1.      Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.

2.      A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

3.      A statement that you consent to the jurisdiction of the United States District Court in which your address is located, or if your address is outside the United States, of the United States District Court for the Northern District of California.

4.      A statement that you will accept service of process from the party that filed the notification of alleged copyright infringement or the party's agent.

5.      Your name, address and telephone number.

6.      Your physical or electronic signature.

You may submit your counter-notification to Avatar Reality's Intellectual Property Agent by fax, mail, or email as set forth below:

Intellectual Property Agent

Avatar Reality, Inc.

55 Merchant Street

Suite 1700
Honolulu, HI 96813

Fax: (808) 954-6101

Email: ip@avatar-reality.com

If you send us a valid, written counter-notification letter meeting the requirements described above, we will promptly notify the party filing the original notification of alleged copyright infringement of your counter-notification. We will then restore your removed or disabled material after 10 business days but no later than 14 business days from the date we receive your counter-notification, unless our Intellectual Property Agent first receives notice from the party filing the original notification of alleged copyright infringement informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.

Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees.