Black Atmosphere (PTY) LTD (“Black Atmosphere”) manages independent productions of digitally published works ("digital assets") and permits independent website operators to form cooperative marketing and publishing relationships using the World Wide Web. Each Black Atmosphere network is available for use only by persons that join the network as either a “Creative” or a “Publisher.” Black Atmosphere may provide its members with the use of bulletin board services, chat areas, forums, electronic mail postings, email service or other message or communication facilities designed for communication with other members of the Network. Black Atmosphere is the neutral host of each Publisher marketing network it administers, and members of each network are independent persons that are not controlled by Black Atmosphere. Neither the admission nor the continued membership of any person or entity as a Creative or Publisher constitutes endorsement by Black Atmosphere. Black Atmosphere does not police their actions, nor does Black Atmosphere undertake any responsibility for their acts or omissions.

 

While Black Atmosphere encourages Creatives and Publishers who use any Black Atmosphere network to adopt responsible approaches to online marketing, it is possible that some Creatives or Publishers will take actions or engage in activities through the network or otherwise that are alleged to infringe the intellectual property rights of others.

 

Upon proper notification of claimed infringement, Black Atmosphere’s policy is to respond expeditiously to
Claims of Copyright Infringement remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity. When filing a notice of alleged infringement with us, for such notification to be valid under Title II of the Digital Millennium Copyright Act (“DMCA”), the notification must be in writing and provided to the designated agent listed below. Following Section (3)(A) of the DMCA, the notification of claimed infringement must include substantially the following:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Black Atmosphere to locate the material.

(iv) Information reasonably sufficient to allow Black Atmosphere to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
 

The full text of this statute can be found at the Copyright Office Web Site, http://lcWeb.loc.gov/copyright.

Upon receipt of notices complying or substantially complying with the DMCA, as specified above, Black Atmosphere will act expeditiously to remove or disable access to, the material claimed to be infringing or alleged to be the subject of infringing activity.

In the case of a claim of infringement of a trademark, service mark, trade dress, name, or other indicia of origin (“mark”) or
Claims of Infringement Trademark or Other Intellectual Property Rights, Except Copyrights.other intellectual property right that is not covered by the DMCA, Black Atmosphere will respond to written notification of such claimed infringement following applicable laws. The written notification should include the following:

(i) A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, and identification of such owner.

(ii) Identification of the mark or other intellectual property rights that is claimed to be infringed and information that establishes that the named owner possess the exclusive right allegedly infringed.

(iii) Identification of the usage or material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit Black Atmosphere to locate or view the usage or material and to identify the person that is responsible for the claimed infringement.

(iv) Information reasonably sufficient to permit Black Atmosphere to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

(v) The owner of the mark does not authorize a representation and warranty that the complaining party has a good faith belief that the use of the material in the manner complained of or other intellectual property identified its agent or the law.

(vi) A representation and warranty that the information in the notification is accurate and that the complaining party is the owner or is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

 

How To Give Us Notice
Any notices of claimed infringement should be directed to:

Legal Department
Black Atmosphere (PTY) LTD
113 Castle Mansions, 170 Jeppe Street
Johannesburg, CBD 2001
abuse@blackatmosphere.co.za

The words “Notice of Infringement” should be put in the subject line of all such notifications. Any such notification should contain sufficient detail to reasonably permit Black Atmosphere to evaluate and respond to the claim.

Any person delivering a notice relating to a claimed infringement by an Advertiser or Publisher that is a member of The Black Atmosphere Network should also notify that Advertiser or Publisher, and notice to Black Atmosphere does not constitute notice to such Creative or Publisher. Any person or entity with a claim of infringement against an Advertiser or Publisher should consult its own attorney and follow his or her advice.

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If Black Atmosphere receives notification of a claim of infringement by a Creative or Publisher using this website or the facilities of any Network, Black Atmosphere may pass the notice to the Advertiser or Publisher or attempt to contact the Advertiser or Publisher in order to provide an opportunity to respond to the notification, although Black Atmosphere does not promise or undertake any duty to do so. Black Atmosphere reserves the right to furnish to the complaining party any and all counter notifications submitted by the Advertiser or

Disclaimers and OtherMattersPublisher, but does not promise or undertake any duty to do so.

To the fullest extent permitted by applicable law, Black Atmosphere disclaims any responsibility and liability for the acts and omissions of users of this website and Black Atmosphere’s networks, including, without limitation, infringement of any copyright, trademark or other intellectual property rights. By publishing or complying with the preceding policies or responding to any notification of a claim of infringement, Black Atmosphere does not undertake or assume any duty, the responsibility that it would not otherwise have under mandatory provisions of applicable law.

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Subject to applicable law, Black Atmosphere reserves the right to change the preceding policies and procedures at any time and from time to time, in its absolute discretion, without notice. Any changed policies or procedures will be posted on this website.