You agree to use TakinMines.com only for purposes which are lawful in every country and jurisdiction in the world and all subdivisions thereof. Takin’ Mines does not endorse the contents of any user of TakinMines.com (User) communications nor does it assume responsibility for any unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, indecent, lewd, lascivious, filthy, excessively violent, offensive, or otherwise objectionable material contained therein, any infringement of third party intellectual property rights arising therefrom, or any crime facilitated thereby.
Ownership of Intellectual Property
The contents of TakinMines.com, including all software, design, text, images, articles, photographs, illustrations, advertisements, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectible elements of TakinMines.com, including, without limitation, the selection, sequence and ‘look and feel’ and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, “Content”), are the property of Diamond Media 360, TakinMines.com, and their subsidiaries, affiliates, licensors, suppliers, operational service providers, advertisers, promotional partners, or sponsors, as applicable, and are legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. TakinMines.com and the Content is to be used solely for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright or other notices contained on TakinMines.com, including notices on any Content you download, transmit, display, print or reproduce from TakinMines.com. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Content without the express prior written consent of Diamond Media 360. Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, state and local laws. Diamond Media 360 requires users to respect Diamond Media 360’s copyrights, trademarks, and other intellectual property rights. Diamond Media 360 likewise respects the intellectual property of others. On notice, Diamond Media 360 will act expeditiously to remove content on TakinMines.com that infringes the copyright rights of others.
If you believe that TakinMines.com contains elements that infringe your copyrights in your work, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
Notice and Procedure for Making Claims of Copyright Infringement.
Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on TakinMines.com should be sent ONLY to our Designated Agent.
Written notification must be submitted to the following Designated Agent:
Designated Agent for Diamond Media 360
1618 8th Ave. #2
Brooklyn, NY 11215
Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:
(1) An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
(2) Identification of the copyrighted work (or works) that you claim has been infringed;
(3) A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of TakinMines.com where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);
(4) A clear description of where the infringing material is located on our website, including as applicable its URL, so that we can locate the material;
(5) Your name, address, telephone number, and e-mail address;
(6) A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(7) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Content Submitted or Made Available for Inclusion on the Service
Diamond Media 360 does not claim ownership of Content you submit or make available for inclusion on TakinMines.com. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of TakinMines.com, you grant Diamond Media 360 a worldwide, royalty-free and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on TakinMines.com for the purposes of providing and promoting the service to which such Content was submitted or made available, for the purpose for which such Content was submitted or to incorporate such Content into other works in any format or medium now known or later developed.
User agrees to indemnify and hold harmless, and at Diamond Media 360’s request, defend the TakinMines.com Parties and their respective parent entities, subsidiaries, affiliates, partners, agents, employees, directors, officers, shareholders, members, and other owners, from and against any and all claims, actions, demands, liabilities, losses, damages, judgments, penalties, settlements, costs and expenses (including reasonable attorney’s fees and costs) (hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of, are based on, or relate to: (i) your use of the HipHopDX.com website; or (ii) any misrepresentation of any information, representation or warranty, or breach of this Agreement or any other covenant or agreement.
If any third party brings a claim, lawsuit, or other proceeding(s) against any TakinMines.com Party based on User’s conduct or use of TakinMines.com’s website or services, User agrees to compensate all TakinMines.com Parties (including their respective officers, directors, employees and agents) for any and all Losses in connection with any such claim, lawsuit or proceeding.
The formation, construction and interpretation of this Agreement shall in all respects be governed by and construed in accordance with the laws of the United States and the State of New York, U.S.A., as such law applies to agreements between New York residents entered into and wholly performed within New York, without giving effect to any principles of conflicts of laws. This Agreement shall not be governed by the United Nations Conventions of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded from any interpretation of this Agreement. By using this site, you hereby consent to the exclusive personal jurisdiction and venue of the State and Federal Court of the State of New York, U.S.A. It is hereby agreed that any action at law or in equity arising under this Agreement and/or your use of the TakinMines.com website shall be finally adjudicated or determined in any court or courts of the State of New York or of the United States of America, in Kings County, New York, and the parties hereto hereby submit generally and unconditionally to the personal and exclusive jurisdiction and venue of these courts in respect to any such matter and consent to service of process by any means authorized by New York law.
Your use of TakinMines.com constitutes acceptance of this Agreement. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and lack of signing or other form of electronic execution by the parties hereto. You agree to abide by the terms and conditions of this Agreement and any additional terms, conditions, rules or procedures imposed by Diamond Media 360, Inc. or by third party content providers in connection with third-party content, software or services available on, through or in connection with TakinMines.com.