Last Updated: July 27, 2020
Garden Wall Floral Company. (“Garden Wall Floral Company”) has adopted the following policy regarding reports of copyright infringement at GardenWall.net (the “Site”) in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). Garden Wall Floral Company will respond to notices of this form from jurisdictions other than the U.S., as well. The contact information for Garden Wall Floral Company’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.
Garden Wall Floral Company shall act expeditiously to respond to a proper notice by (1) removing or disabling access to material claimed to be subject of infringing activity; and (2) removing and discontinuing service to repeat offenders, where appropriate. If Garden Wall Floral Company removes or disables access in response to such a notice, Garden Wall Floral Company will make a good-faith attempt to contact the allegedly infringing party (“Member”) so that they may make a counter notification.
A. Procedure for Reporting Copyright Infringement:
If you believe that material residing on or accessible through the Site infringes on a valid and subsisting copyright held by you, you must provide Garden Wall Floral Company with notice of such infringement by sending a written notice of the infringement to the Designated Agent with all of the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed upon (by fax or regular mail – not by email, except by prior agreement);
Identification in sufficient detail of the material being infringed upon (including, without limitation, the name or title of the subject work, and the registration number issued by the US Copyright Office or other applicable government agency);
Identification of the material that is claimed to be infringing upon your copyright (including information regarding the location of the infringing material at the Site with sufficient detail so that Garden Wall Floral Company is capable of finding and verifying its existence and, for Florist listings, please provide item numbers);
Contact information about the notifier including the name of the copyright owner, the name and title of the person contacting Garden Wall Floral Company on the owner’s behalf, the address, telephone number and, if available, e-mail address;
A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Please be forewarned that, if you materially misrepresent that a product or activity is infringing your copyright, you may be liable for damages (including costs and attorneys’ fees). Therefore, if you are not sure whether the material infringes upon your copyright, you should consult with legal counsel prior to submitting a notification to Garden Wall Floral Company.
B. Removal of Allegedly Infringing Material
Once conforming notification is received by the Designated Agent, Garden Wall Floral Company may remove or disable access to the material alleged to be infringing upon the copyright of another. If Garden Wall Floral Company removes or disables access to content in response to an infringement notice, Garden Wall Floral Company will make reasonable attempts to notify the Member that Garden Wall Floral Company has removed or disabled access to the material. Should the Member dispute the accuracy or legitimacy of the notification, the Member may submit a counter-notification pursuant to the procedure outlined in Section C below. Repeat offenders will have all material removed from the system and Garden Wall Floral Company will terminate such Member’s access to the service.
C. Procedure to Supply a Counter-Notification to the Designated Agent:
If a Member believes that their material that was removed or to which access was disabled is not infringing upon the subject copyright, you must send a counter-notification to garden Wall Floral Company, pursuant to Sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. Please do not re-list or reactivate the material yourself. The counter-notification must contain the following information to the Designated Agent listed below.
Your physical or electronic signature (by fax or regular mail – not by email, except by prior agreement);
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
A statement, under penalty of perjury, that the you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;
Your name, address, telephone number, and, if available, e-mail address and a statement that you consent to the jurisdiction of the Federal Court for the judicial district in which the Member’s address is located, or if your address is located outside the United States, for any judicial district in which Wall Floral Company is located, and that you will accept service of process from the person or agent of such person who provided the notification .
If a counter-notification is received by the Designated Agent, Wall Floral Company may send a copy of the counter-notification to the original complaining party informing that person that Wall Floral Company may replace the removed material or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the Member, the removed material may be replaced or access to it restored in ten (10) business days after receipt of the counter-notification, at Wall Floral Company’s discretion.
Please be forewarned that, if you materially misrepresent that a product or activity is not infringing upon the copyright of another, you may be liable for damages (including costs and attorneys’ fees). Therefore, if you are not sure whether or not the material infringes on the subject copyright, please consult with legal counsel before submitting the counter-notification to Wall Floral Company.
D. Contact Information for the Designated Agent:
The contact information for Garden Wall Floral Company’s Designated Agent for all notices (including counter-notifications) regarding alleged copyright infringement is as follows
Garden Wall Floral Company
567 K St.
Penrose, CO 81240