To have any materials or links removed/deactivated, and or content suspended concerning copyrights, call (404) 954-2708 and leave information on the material you want removed or blocked. See the following for more information.
Please note: I will consider removal requests via telephone in good faith, a written Request For Removal as noted herein may still be required.
A. Copyright Complaints:
The Underground acts as a non-commercial content and information aggregator in relation to reviews, marketing, promotions, wholesale or retail distribution by other parties of entertainment goods, products and services through affiliations. It also acts as alternative and independent journalism and promotes free speech and Freedom of Self and open public discussion of all subjective material. If you own or believe you own copyrighted materials used inadvertantly on any website under the control of The Underground your materials will be removed per request relative to the terms which follow.
I. Removal of Copyrighted Materials:
If you believe that material or use infringes upon any copyright that you own or control, use the phone number listed at the top of this article to have materials removed; or, you may file a notification of such infringement as set forth below:
Any notification must include the following information, known as Request For Removal:
1. Identity of the copyrighted work that you claim has been infringed, or, if multiple works, a representative list of the copyrighted works that you claim have been infringed.
2. Identification of the material that you claim is infringing and where it is located specifically.
3. Your street or mailing address, telephone number and email address.
4. A statement by you that you have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
5. A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner, or are authorized to act on the copyright owner's behalf.
6. Electronic or physical signature of the copyright owner or of a person authorized to act on the copyright owner's behalf.
7. Delivery of Request For Removal to:
Requests For Removal must be sent via certified mail.
We will display a copy of your DMCA notice in place of removed content or materials on a webpage.
Through this website and others within any and all public or private networks, including direct physical interaction, The Underground accepts unsolicited and established solicitor materials in relation to distribution, discussions and review, plus marketing and promotions of the aforementioned and/or delivered materials in whatever format they may be solicited.
Any person, acting agent, or authorized entity (the supplier) which contacts The Underground via any electronic or physical methods and offers to sell, promote, market or offer in any manner materials in consideration for whatever means or purposes, authorizes The Underground to establish and engage potential markets, customers and to relate the materials, good or services sent to The Underground in regards to these offerings, mentions and/or promotions, including advertising, and marketing support or development, in considering the establishment of contact as a form of solicitation.
Promotional and materials sent in for review or any usage, after such use, may be disposed of by means and methods determined by the receiver. This may include sales, giveaways, or destroying of materials. To have promotional or review copies returned, postage in full to return solicited materials must accompany the materials upon receipt by The Underground, and be directed by the soliciting party to be returned after usage .
Some means, ways and methods of product or service solitations which may be received include, but are not limited to:
Distribution of products or services through established suppliers, including music, film and video, recording, production and distribution labels, including wholesalers, one-stops, retailers and varied distributors; some of these include those listed at http://undergroundrecords.org/distrolist.php, whom may also use further authorized agents to solicit materials to the firm for consideration to purchase, market, or promote;
Electronic communications including email and attachments;
Delivered marketing, promotional or sales materials, goods or offer of services via postal mail or freight deliveries.
Once solicitations, products, promotions, marketing or sales materials are received, such materials may be represented by image, text or other linking variation including any type of advertising by The Underground in order to facilitate the discussion, reviewing of, or continuation of the solicitation to market, promote, or sell the goods or services from the supplier. No charge shall be placed against the supplier for consideration of The Underground providing these services unless by previous agreement between myself and supplier.
Links and references to all and any received materials may be done via electronic and physical mediums. Commercial considerations are per the agreement or contract between supplier and The Underground; or if none be present standard industry practices may apply. Non-commercial configurations will be considered relevant and may be specific to the terms herein.
Should the owner of any products, goods or services wish to have such products, goods, services or mentions of, removed therefrom, which goods of services have not been purchased by the The Underground for offer to resale; nor solicited by implication by the owner to The Underground to further market or promote said products or services; nor determined by contract, normal fair usage, or determined mis-use of materials, including copyrights, a request for removal outline at the top of this document should take place.
I. Fair Usage and Third Party Introductions:
Please establish that the materials you want to file a complaint against were not delivered via any agent or entity which you have contacted, licensed or authorized to solicit concerned materials via private or public ways and means which were then delivered to The Underground for use or considerations in the selling or purchasing of related products and materials including both commercial and non-commercial marketing and promotional efforts. If any received materials were sent for considseration to purchase, market, promote, distribute or offer in relation to development from contracted agents or third parties, please refer to the third party considerations for complaints.
If the materials in question have been sent to The Underground for considerations to market, promote, sell, distribute or otherwise receive, fair use related to said materials may apply. For all products and services purchased by The Underground, said products or services will be promoted, or marketed for consideration of expressions concerning the product or service offered or purchased by The Underground.
It is the policy of The Underground to removed materials and references to products or services offered per request of the copyright owner. Products or services under contract, open offer or bought by myself for resale which are requested to be removed or discontinued may require reimbursement from supplier for relative costs if so deemed in relation to products or services which may have been purchased for private or public distribution, marketing, promotions or sales. Including personal materials, by The Underground or it's representatives, employees or agents; this also includes delivered goods, products or services yet not reimbursed by supplier to The Underground.
For third party software offered in any form; such as widgets, web or standalone applications, and link to codes, I will remove contents per request if possible. For complaints about content, materials, code and offers of products or services which appear on The Underground through offerings of any party which I have no control over the materials or form of offerings via third party software linked or hosted in any way, please see the originator of the software to place a complaint.
Per requests of any publisher of code, software, services or related materials which may appear on any website I may control, I will remove the aforesaid per telephone request or through the following method. Software, link codes, services, or offers which other publishers, content or services providers offer for use freely to the public or through affiliate programs, copyright holders should have their materials and content removed or restricted and not for public use by the third or multiple provider of software, code, products, or services. I cannot be responsible for such when placed for use by the public or through legitimate programs, either commercial or non-commerical, whereas the content, services, or linked codes are not solely mine to control or administer.
C. Removal of Materials:
Upon receipt of a Request For Removal, the subject materials will be removed if the request is deemed legitimate within a reasonable time, usually within seven (7) days after the receipt of the request. For materials purchased by myself (Todd West) or any business or non-commercial entity I may be invovled in, or under contract for marketing, promotions or distribution; relative materials may be subject to previous agreements.
After receipt of the Request For Removal, relative materials will be removed from any websites under the control of myself or a business and/or non-commercial entity I own or control; and such materials shall be discontinued and be struck from ongoing sales, marketing or promotions. I cannot be responsible for non-commercial materials such as pertains to past catalogs, advertising, use of logos, images or sound recordings whereas the materials are no longer offered through the means and methods of myself in reference to any type of activities by The Underground.
Furthermore, non-commercial use of image, likeliness or logo may be covered under fair use concerning personal items, collections and compilations. Every attempt to remove non-commercial use of disputed materials will be made in good faith by myself and/or any ongoing entity related to The Underground I may control.
Links and framed content will also be removed via the above process.
Notwithstanding the provisions of sections 17 U.S.C. § 106 and 17 U.S.C. § 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:
*the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
*the nature of the copyrighted work;
*the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.