We respect the intellectual property rights of others and we prohibit uploading, posting or otherwise transmitting on the Gardenholic.com website or service any materials that violate another party’s intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement as described below, we will promptly remove the allegedly infringing material in accordance with the Digital Millennium Copyright Act.
Notification of Alleged Copyright Infringement
If you believe that your own copyrighted work is accessible on the Gardenholic.com website or service in violation of your copyright, you may provide us with a written communication as set forth in the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c)(3) that contains substantially the following information:
Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed so that we can locate the material. For example, “The copyrighted work is my content that appears at http://www.your-website.com/page-name.” If multiple copyrighted works at a single online site are covered by your Notification, you may provide a representative list of such works at that site.
Identify the URL or other specific location on the Gardenholic.com website or service that contains the material that you claim infringes your copyright described in Item 1 above. You must provide us with reasonably sufficient information to locate the alleged infringing material.
Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf.
Include 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.
Include a statement by you that the information contained in your Notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.
Include your name, mailing address, telephone number and email address.
You may submit your Notification of Alleged Copyright Infringement by sending it to us E-Mail: [email protected]
Please note that you may be liable for damages, including court costs and attorneys’ fees, if you materially misrepresent that content on our website and/or service is copyright infringing. Filing a false form on this page constitutes perjury.
Upon receiving a proper Notification of Alleged Copyright Infringement we will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the DMCA statutory Counter Notification procedure described below by which the alleged infringer may respond to your claim and request that we restore this material.
If you believe your own copyrighted material has been removed from our website and/or service as a result of mistake or misidentification, you may submit a written Counter Notification to us pursuant to 17 U.S.C. § 512(g)(2) and (3). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:
Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.
A statement that you consent to the jurisdiction of the Provincial Court in which your address is located, or if your address is outside Canada, for any judicial district in which the service provider may be found.
A statement that you will accept service of process from the party that filed the Notification of
Alleged Copyright Infringement or the party’s agent.
Your name, address and telephone number.
A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
Your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the original Notification of Alleged Copyright Infringement informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.
Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorneys’ fees. Filing a false form on this page constitutes perjury.