AZXunderground.com is Arizona's local Christian music scene portal. Connect with bands and artists; shows, concerts, events and coffeehouses; streaming radio and podcasts; join our Mailing List; chat in our music forums; find a church  home or a cool weekly meeting; discover local clothing, books and music stores; listen to music online and download MP3 samples; and link to Christian pop culture web sites. We feature most popular genres, like alternative, rock, hip-hop, R&B, rap, acoustic, unplugged and praise and worship. We also cater to the industry by linking artists and musicians to various resources.

Your Total Connection to the Arizona Christian Music Scene
 

Legal - Privacy Policy - Submissions

MUSIC COPYRIGHTS.  All music offered through this web site or any of its links is legally copyrighted material.  Unauthorized reproduction is prohibited by federal law and may subject the offender to criminal prosecution.  Music licenses we have obtained through SoundExchange, ASCAP, BMI, SESAC, other licensing organizations and private sources only permit listening in the United States and those other countries specifically under agreement with such licensing organizations or allowed by such private sources.

TRADE NAMES / TRADEMARKS / COPYRIGHTS. AZX, AZXunderground, AZXradio, and/or other company, dba, division, derivative, station, product, or service names referenced in this web site are either registered trademarks or trade names, or legal trademarks or trade names, of AZXunderground and/or its affiliates (sometimes hereafter referred to collectively as “AZX”) in Arizona and the U.S. and other countries. The names of artists, CDs, songs and other products mentioned in this web site or any of its links may be the legal trademarks or trade names of, or copyrighted by, their respective owners. Materials in this web site, including without limitation, text,  graphics, charts, photographs and icons, are original copyrighted materials owned by AZX or others.  These materials are protected by federal law against unauthorized copying and reproduction.  The distinctive and original layout and presentation of this web site is also protected under  federal law.  Copying of the AZX trade dress is strictly prohibited.   Any unauthorized use of any of these marks, names or materials may be prosecuted by law.

NOTICE OF DBA.  AZXunderground and all its associated businesses are a sole proprietorship owned and operated by Sammy Ciatu, Attorney at Law.  References to “AZXunderground” or any other “dba“ herein accordingly legally refer to Sammy Ciatu.

 

 PRIVACY POLICY.  AZX must collect personally identifiable information when you e-mail us, when you submit items to us or when you purchase from our online store.    We will not sell or rent your personally identifiable information to anyone. We will only send personally identifiable information about you to other entities or people in the following situations:

  • We share the information with artists associated with us;
  • We have your consent to share the information;
  • We need to share your information to provide the product or service you have requested;
  • We need to send the information to companies who work on our behalf to provide a product or service to you. (Unless we tell you differently, these companies do not have any right to use the personally identifiable information we provide to them beyond what is necessary to assist us.); or
  • We respond to subpoenas, court orders or legal process

Our online store is hosted by Yahoo, which in turn has its own privacy policy.

VALIDITY OF INFORMATION. THE MATERIALS CONTAINED IN THIS WEB SITE ARE MADE AVAILABLE "AS IS" WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, SUCH AS, WITHOUT LIMITATION,  WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  Although AZX strives to provide accurate and current information, the materials contained in this web site may include technical inaccuracies, typographical errors, or outdated information.  Therefore, AZX shall not be responsible or liable for errors or omissions in the materials in this web site or for any actions taken as a  result of this material.  AZX does not warrant the accuracy or completeness of any information, text, graphics, links,  third party provided information or other items contained within or through these materials.  In no event shall AZX be liable for any special, indirect, incidental, or consequential damages of any kind, or any damages whatsoever, whether or not advised of the possibility of damage, on any theory of liability arising out of or in connection with the use of the materials in this web site. The materials are subject to change without notice and do not represent a commitment of AZX in the future.  The materials do not constitute legal advice.  For legal questions, you should consult an attorney.

SUBMISSIONS. All solicited or unsolicited submissions of recorded works, lyrics, photos, graphics and otherwise are deemed to include a license to AZX and its affiliates, successors and assigns, to utilize said items for the various purposes described in this web site or any of the company's other web sites or mailings or for such other reasonable purposes as is consistent with the company’s objectives.  The person submitting any such items warrants and represents that they are the owner of such items, or are legally authorized to submit such items for such purposes on the owner’s behalf.  Any person submitting any items agrees to defend, indemnify and hold harmless AZX and its affiliates from any claims associated with their use of such items.  All submissions become the property of AZX and will not be returned.  All submissions are subject to editing.

LICENSE AGREEMENT FOR SUBMISSIONS. This is a License Agreement ("Agreement") between AZXunderground.com, on behalf of itself, its subsidiaries, parents, successors in interest and affiliates ("AZXunderground.com", "we" or "us") and you, on behalf of yourself, your band members and all others who have an ownership interest in the "Content" (as defined below) (collectively, "You" or "you"). All capitalized terms shall have the meaning set forth in this Agreement.

1. License. You grant to AZXunderground.com the world-wide non-exclusive right and license, in perpetuity (unless terminated earlier by You or AZXunderground.com as set forth below), to use, copy, modify, adapt, translate, publicly perform, digitally perform, publicly display and distribute any sound recordings, compositions, pictures, videos, song lyrics, still images, Your name, picture, portrait, photograph, band information data, graphics, trademarks, text, information, screen names, profiles, newsletters, gig listings, playlists, podcasts, blogs, broadcasts, messages, software, XML, RSS and links and/or other content (collectively, the "Content") submitted by You to us on this website (the "Site") or by e-mail, mail, delivery or any other means, including portions, composites, likenesses or distortions or alterations of same, in whole and in part, and to prepare derivative works of, or incorporate into other works, the Content, in connection with the preparation transmission, operation, production and advertising of and for all media and methods, including, but not limited to, streaming, on-demand streaming or file download, and without the payment statutory royalties or public performance royalties otherwise due for any such use of Content.

The foregoing services as indicated by You are hereafter known as the "AZXunderground.com Services”. You acknowledge that, although AZXunderground.com intends for online streaming and/or "on-demand streaming" media not to allow downloading by the consumer, AZXunderground.com is not responsible and disclaims all liability for unlawful circumvention by the consumer where streamed files are downloaded. Further, you acknowledge that all Downloading will be in an unprotected format and AZXunderground.com is not responsible and disclaims all liability for further copying of this file (e.g. file sharing, posting on peer 2 peer networks, etc.).

The foregoing rights shall be without limitation as to time, place or manner on or in connection with the AZXunderground.com Services, including in advertising and promotion related to the AZXunderground.com Services and any other lawful purpose. AZXunderground.com may or may not charge for such services, but shall not be liable to You for any portion of such fees. The foregoing license shall be sub-licensable by AZXunderground.com without further permission from You.

2. No Obligation to Use. AZXunderground.com shall have no express or implied obligation to use or permit the Content to appear or remain on the Site or on any AZXunderground.com Service or to promote, perform, display or distribute the Content at all, or in any particular manner or in any minimum quantities. AZXunderground.com retains the right to provide (or not to provide) the AZXunderground.com Services and advertising or promotional support to the AZXunderground.com Services and the Content as it may choose, it being understood that all decisions in this regard shall be made by AZXunderground.com in its sole discretion. AZXunderground.com shall further have the right to remove the Content from the Site and from all other AZXunderground.com Services without any liability or obligation to you.

3. Ownership. As between You and AZXunderground.com, AZXunderground.com acknowledges and agrees that You have all rights of ownership, including without limitation, all rights of copyright and copyright renewal in and to the Content. AZXunderground.com acknowledges that nothing in this license shall give AZXunderground.com any right, title or interest in the Content other than to use the Content as specified in this Agreement.

4. Editing rights. AZXunderground.com shall have the right, but not the duty, to use, adapt, edit, add to, subtract from, arrange, rearrange, revise, and change the Content or any part thereof for purposes of conforming to time segment requirements, applicable laws and regulations, establish telecast policy and standards and practices, and to insert commercials and/or other announcements. You hereby waive on behalf of Yourself and Your band members, Your employees and all persons who provide services and materials in connection with the Content, any "moral rights" of authors or "droit morale" and any similar rights or principles of law throughout the world, including, without limitation, any right to approve any such revisions, deletions, abridgment, or other changes in the materials furnished hereunder.

5. Representations and Warranties. You represent and warrant that:

(a) You are at least 18 years old. If any member of Your band is a minor, You hereby warrant that you have the legal right to execute this Agreement on behalf of the minor artist and have obtained all necessary consents and guarantee such person's performance of the terms of this Agreement;

(b) You have full right and power to enter into and perform this Agreement, and have secured all third party consents necessary to enter into this Agreement and to submit the Content as provided herein, including from Your band members and all other who may claim ownership of the Content;

(c) The Content is Your or Your band's own original work (this means You or Your band recorded it and wrote it in its entirety and it contains no sampled or replayed material or material otherwise created by someone who is neither You nor Your band);

(d) The Content does not and will not infringe any third party's copyright, trademark or other intellectual property or other proprietary right, or right of publicity or privacy;

(e) The Content does not and will not violate any local, state, federal or international law;

(f) The Content is not and will not be defamatory, libelous, abusive, pornographic or obscene, or infringe upon the rights of any third party, including but not limited to rights of privacy and publicity;

(g) The Content will not contain or transmit files, data or other materials containing a computer virus, corrupted data, worms, "Trojan horses" or other instructions or designs that would erase data or programming or cause the Site or any equipment or system to become inoperable or incapable of being used in the full manner for which it was designed;

(h) You have not falsified Your identity or provided forged e-mail addresses or mail addresses, or otherwise attempted to mislead others as to Your identity in this submission and will not do so in the future in connection with this submission;

(i) You are a resident of the United States; and

(j) All factual assertions that You have made and will make to us are true and complete.

6. Indemnity. You shall be fully responsible for any violation of this Agreement including the representations and warranties made herein, and You agree to indemnify and hold AZXunderground.com, its officers, directors, employees, agents, affiliates, listeners and users of the Site from any and all losses, costs, liability, damages and expenses, including reasonable attorneys' fees, arising out of or related to Your breach of the representations and warranties made in this Agreement or any claims arising from the Content you submit, post, transmit or make available through the Site, or Your use of the Site. Except as described in Section 1 above, you are solely responsible for all licensing, reporting and payment obligations of all kinds in connection with the Content, its distribution and use (including but not limited to union or guild payments and any other third party payments of any kind). You agree to execute and deliver documents to us that we may request to confirm our rights under this Agreement.

You acknowledge that our Site and other AZXunderground.com Services may from time to time encounter problems and may not necessarily continue uninterrupted without technical or other errors, and we shall not be responsible to You or others for any such interruptions, errors or problems or an outright discontinuation of our service.

7. DISCLAIMERS. IN ADDITION TO ANY DISCLAIMERS PROVIDED ELSEWHERE IN THIS AGREEMENT, AZXunderground.com MAKES NO WARRANTIES RELATED TO THIS AGREEMENT OR THE SITE OR ANY OF THE AZXunderground.com SERVICES AND EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES, WHETHER STATUTORY, EXPRESS, OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND THOSE ARISING FROM COURSE OF DEALING, USAGE OR TRADE. AZXunderground.com SHALL NOT BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, OR LOSS OF USE DAMAGES), AND WHETHER OR NOT FORESEEABLE AND REGARDLESS OF THE FORM OF ACTION, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF AZXunderground.com HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THIS AGREEMENT OR ANY LIMITED REMEDY HEREUNDER FAILS ITS ESSENTIAL PURPOSE.

8. Termination and Repeat Infringer Policy. At any time after the date you first upload Content onto the Site or otherwise provide it to Us, You may choose to terminate this Agreement for that Content by sending an e-mailed request to to the e-mail address noted on our Connect page identifying the Content and the specific date of submission. AZXunderground.com will make commercially reasonable efforts to delete the identified Content within sixty (60) days from the AZXunderground.com Services. AZXunderground.com will not be responsible for, and need not take any steps to withdraw or terminate the future distribution of, any copies of any of Your Content that may have been distributed (including by download) by AZXunderground.com or from the Site before we removed Your Content.

You agree that AZXunderground.com may, in its sole discretion and without prior notice, immediately terminate Your account, any associated email address, and Your access to the Site and remove Your Content from the AZXunderground.com Services. Cause for such termination shall include, but not be limited to: (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by You (self-initiated account deletions), (d) discontinuance or material modification to the Site (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, or (g) if You have engaged in fraudulent or illegal activities in connection with the Site or the Content.

AZXunderground.com respects the copyrights and other intellectual property rights of others. We expect You to respect those rights as well. Among other things, You agree that You will not include in the Content recordings made by others, recordings the copyright in which is owned by anyone else, recordings of songs written by anyone other than You, recordings of songs the copyright in which is owned by anyone else, recordings that include samples of other recordings. AZXunderground.com will terminate Your account and Your ability to use the Site if You are determined to be an infringer of the copyrights of others. AZXunderground.com may, in its sole discretion, terminate Your account and Your ability to use the Site if You are the subject of one or more notices or subpoenas claiming that You have posted infringing content and such notices or subpoenas have not been timely contested, or if it otherwise determines that You are engaging in infringement. In addition, AZXunderground.com expressly reserves the right to terminate Your account and Your ability to use the Site if AZXunderground.com, in its sole judgment, believes that circumstances relating to the infringement of third party intellectual property rights warrant such action.

9. Modifications to Agreement. We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this Agreement. We will post or display notices of material changes on the Site or we may e-mail You about these changes. Once AZXunderground.com posts them on the Site, these changes become effective immediately and if You use the Site after they become effective, it will signify Your agreement to be bound by the changes with respect to existing as well as new Content. You should check back frequently and review the terms and conditions of this Agreement regularly so You are aware of the most current rights and obligations that apply to You and the terms and conditions of Your Agreement with us.

10. Ownership of Intellectual Property on the Site. Except as explicitly provided herein, the contents of this Site and all other AZXunderground.com Services, including all software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectable elements of the Site and other AZXunderground.com Services, 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, "Material"), are the property of AZXunderground.com, and any of its parent companies, subsidiaries, successors and assigns, and any of their respective licensors, advertisers, suppliers, and operational service providers and are legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. Unless the context clearly requires otherwise or we explicitly say so in writing, the term "Site" and "AZXunderground.com Services" includes all related "Material" as well.

The Site 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 the Site, including notices on any Material You download, transmit, display, print or reproduce from the Site. 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 Material without the express prior written consent of AZXunderground.com or its owner if AZXunderground.com is not the owner. Any unauthorized or prohibited use of any Material may subject You to civil liability, criminal prosecution, or both, under applicable federal, state and local laws. We require users to respect our copyrights, trademarks, and other intellectual property rights. We likewise respect the intellectual property of others. On receipt of paper notice under the Digital Millennium Copyright Act, we will act expeditiously to remove content on the Site that infringes the copyright rights of others and will disable the access to the Site and its services of anyone who uses them to repeatedly to infringe the intellectual property rights of others. You do not have and we expressly shall not provide You the right to use any of our trademarks, copyrights or other proprietary information or property in connection with any activity, or to create any implied endorsement by us of You, unless authorized by AZXunderground.com in its sole discretion in writing in advance.

11. Notice for Claims. AZXunderground.com has no obligation to monitor the Site. However, if You or any user believes that the Site contains elements that infringe 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 this Site should be sent ONLY to our Designated Agent.

NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.

Written notification must be submitted to the following Designated Agent:

Service Provider(s): AZXunderground.com

Name of Agent Designated to Receive Notification of Claimed Infringement: Sammy Ciatu, Esq.

c/o Legal Department
AZXunderground.com
10953 N. FLW Blvd. Ste. 110
Scottsdale, AZ 85259
By Facsimile: (480) 248-2279
By Email: sc (at) ciatulaw.com
_____________________

Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:

(a) An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;

(b) Identification of the copyrighted work (or works) that You claim has been infringed;

(c) 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 the website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);

(d) A clear description of where the infringing material is located on the Site, including as applicable its URL, so that we can locate the material;

(e) Your name, address, telephone number, and e-mail address;

(f) 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

(g) 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.

12. General Provisions.

(a) Binding agreement. This Agreement shall inure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.

(b) Choice of law and forum. This Agreement and the relationship between you and AZXunderground.com shall be governed by (and construed and interpreted in accordance with) the laws of Arizona, without regard to its conflict of law provisions or your actual state or country of residence. You hereby irrevocably submit to the personal jurisdiction and venue of the federal and state courts serving the City of Phoenix, County of Maricopa, other than for actions to enforce any order or judgment entered by such courts, in the event of any dispute arising out of or relating to this Agreement.

(c) Severability and Waiver. If any provision of this Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, the remaining provisions shall remain in full force and effect, and the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision. The failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing.

(d) Survival. Unless otherwise explicitly stated, the terms of this Agreement will survive the expiration or deletion of your account or the Content for any reason.

(e) No Partnership. The parties bear the relationship to each other of independent contractors, and nothing in this Agreement shall be deemed to create a partnership, joint venture, or agency relationship between them, nor shall either party have the power or authority by virtue of this Agreement to bind the other.

(f) Entire Agreement. This Agreement, accepted by your submission, contains the entire agreement between you and AZXunderground.com regarding the use of the Content, and it supersedes all prior and contemporaneous agreements, promises, representations, warranties, and understandings of the parties regarding the same subject matter.

(g) Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms that you bring must be brought within one (1) year after such claim or cause of action arose or be forever barred.

(h) Third Party Rights. This Agreement does not create, and shall not be construed as creating, any rights or interests enforceable by any person not a party to this Agreement. This Agreement is not intended to be for the benefit of any third party and shall not confer upon any third party any right, privilege, remedy, claim or other right.

(i) Privacy. In the event of an inconsistency between these Terms and the Privacy Policy of the Site, these Terms shall control. (The Privacy Policy is available above.)

(j) Agreement Admissible. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

You represent that you have carefully read this agreement, that you understand its contents, and that You have had an opportunity to seek independent legal advice regarding the advisability of entering into this Agreement.
 

RESERVATION OF RIGHTS.  Any rights not expressly granted herein are reserved.

COPYRIGHT  NOTICE. Copyright © 2008 AZXunderground.com, Scottsdale, Arizona, U.S.A.  All rights reserved.

Legal - Privacy Policy - Submissions    (C) 2008 AZXunderground.com