By using this Site and/or uploading any material to this Site, you represent and warrant as a material part of this Agreement that any and all intellectual property, content, or media you upload ("Your Content") does not in any way infringe upon the intellectual property rights of any third party, including such rights manifested in registered or unregistered copyrights, trademarks, patents, or trade secrets, whether at common law, by statute or under the terms of the Digital Millennium Copyright Act, as amended.
You also agree not to upload pornographic, obscene or content containing any form of child exploitation.
ADDITIONALLY, YOU HEREBY INDEMNIFY AND HOLD HARMLESS MIXHOP LLC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS OF ANY NATURE OR KIND ARISING FROM ANY UPLOADS OF MATERIAL YOU PLACE ON OUR SITE, INCLUDING ATTORNEYS' FEES AND COSTS.
WE RESERVE THE RIGHT TO IMMEDIATELY REMOVE ANY MATERIAL THAT IS OR MAY BE INFRINGING OF ANY THIRD PARTY RIGHTS AT ANYTIME, WITHOUT REFUND OR PRIOR NOTICE TO YOU. YOU AGREE THAT WE MAY TERMINATE YOUR ACCESS AT ANYTIME FOR ANY REASON WITHOUT NOTICE.
If you believe our Site contains content that infringes upon your rights, please notify us immediately. We respect the intellectual property of others, and we ask that our users do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, and you wish for the content to be removed, please provide our Copyright Agent with the following information:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) 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; and
(f) 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.
Our Copyright Agent for Notice of claims of copyright infringement on the site can be reached as follows:
555 Bryant St #178
Palo Alto, CA 94301
Pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act, we may reinstate content if we receive a counter notification by the provider of the affected content.
If you are the content provider, and you feel you must submit a counter notification regarding content that has been removed from our site, you must submit -- in writing -- a counter notification that must include the following:
(1) Identify the specific url related to the content that MIXHOP removed or disabled access to;
(2) Provide your name, address, telephone number, email address. Also provide a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your addres is located (or Berks County, Pennsylvania if your address is outside of the United States of America), and that you will accept service of process from the person, entity or agent of the preceeding that provided the notification under Section 16;
(3) Include the statement: "I swear, under penalty of perjury, that I have a good faith belief that the content identified was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the exact material identified by the complainant has been removed or disabled at the URL identified and will be no longer shown";
(4) Sign the notice;
(5) Mail the notice to:
DMCA Counter Notification
555 Bryant St #178
Palo Alto, CA 94301
Please note that you will be liable for any damages (which include costs and attorney fees) if you materially represent that your content and or activity is not infringing the copyrights of others. If you are not sure if your content and or activity infringes on the copyrights of others, we advise you to consult with an attorney.
You may find a sample counter claim form here: http://www.chillingeffects.org/dmca/counter512.pdf