Website
Terms and Conditions
By
using the Landscape Forms, Inc. website(s), http://www.landscapeforms.com and
any related social media sites, you expressly accept and agree to abide by the
terms and conditions contained herein (“Terms”). Do not use the Landscape
Forms’ websites (“Website”) if you do not accept and agree to these Terms.
Digital Millennium Copyright Act (“DMCA”) Policy
We respect the intellectual property of others.
Pursuant to the DMCA, notifications of claimed copyright infringement must be
sent to the Designated Agent for Landscape
Forms, Inc. (“LFI”), as follows:
Susan E. Farley, Esq.
Heslin Rothenberg Farley & Mesiti P.C.
E-mail: susan.farley@hrfmlaw.com
5 Columbia Circle
Albany, New York 12203
Tel: 518-452-5600
Fax: 518-452-5579
We will respond to all such notifications in an
expeditious manner and take appropriate action. When required and if
appropriate, this response may include one or more of the following actions:
- Removing the infringing material or disabling all
links to the infringing material;
- Terminating a user’s access to and use of the Website
and/or closing an account if the user is determined to be a repeat infringer of
the copyrights or other intellectual property rights of others.
If we become aware that one of our users or account
holders is a repeat copyright infringer, it is our policy to take reasonable
steps within our power to terminate that user or account holder. In the case of
termination, we have no obligation to provide a refund of any amounts
previously paid.
IMPORTANT: The foregoing contact is for copyright
claims only. All other inquiries and concerns should be directed to LFI via the
Contact link.
To be effective, the copyright claim must be a
written communication that includes the following:
- A physical or electronic signature of a person
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed;
- 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;
- 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 us to locate the material;
- Information reasonably sufficient to permit us 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;
- 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; and
- 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.
We may give you notice that we have removed or disabled access to certain
material by means of a general notice via the Website, electronic mail to a
user’s email address in our records, or by written communication sent by
first-class mail to your physical address in our records. If you receive such a
notice, you may provide counter-notification in writing to the designated agent
that includes the information below. To be effective, the counter-notification
must be a written communication that includes the following:
- Your physical or electronic signature;
- 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 access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good
faith belief that the material was removed or disabled as a result of a mistake
or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that
you consent to the jurisdiction of a Federal District Court for the judicial
district in which your physical address is located, or if your physical address
is outside of the United States, for any judicial district in which LFI may be
found, and that you will accept service of process from the person who provided
notification of allegedly infringing material or an agent of such person.
Copyright Notice
Except for materials submitted by you or other
persons or entities or taken from the public domain, all text, artwork,
graphics and other works of authorship created by or for LFI and made part of
the Website, together with the selection, arrangement and presentation of such
materials, are protected copyrights of LFI.
Trademarks
LFI owns the LFI trademarks, including but not
limited to LANDSCAPEFORMS®, STUDIO 431®, MULTIPLICITY®, PARALLEL 42®, REDLINE®,
KALEIDOSCOPE®, WASHINGTON SQUARE®, ARCATA®, MARNEAUX®, CHASE PARK®, PARC
CENTRE®, PARK VUE®, SHOW®, REST®, RIDE®, COLLECT®, STOP®, CONNECT®, MINGLE®,
CHILL®, WELLSPRING®, PANGARD®, REEDER®, WINDMARK®, RING®, LAKESIDE®, BOLA®, and
AWEN®. You may not use, copy or alter
any of our trademarks without our prior written consent. Other trademarks and
service marks referenced at the Website may be the trademarks of their
respective owners.
Content
Transmitted
You, and not LFI, are solely responsible for all
designs, text, photos, images, data, and other materials of any kind (“Content”)
that you upload, post, email or otherwise transmit (collectively, “transmit”)
via any portion of the Website. By
transmitting your content to LFI, you are certifying to us that you have the
right to use and submit the Content.
LFI is not responsible for the loss or damage of your
Content. We are not obligated to store and preserve your Content. We may remove
any and all Content from our Website or deny access to the same within our sole
discretion. By posting to our Website, you expressly consent to and accept our
unlimited right to control the content of our Website without notice or further
warning.
Indemnification
You hereby agree to indemnify and hold harmless LFI
and its owners, managers, directors, officer, employees, agents and affiliates,
from and against any and all liability, cost and expense, including reasonable
attorneys’ fees, arising from or related to any Content that you transmit, or
your violation of these Terms, or your use or misuse of the Website or
products.