DMCA Policy

Home and Garden America is an online service provider as defined in the Digital Millennium Copyright Act. We provide legal copyright owners with the ability to self-publish on the internet by uploading, storing and displaying various media utilizing our services. We do not monitor, screen or otherwise review the media which is uploaded to our servers by users of the service. We take copyright violation very seriously and will vigorously protect the rights of legal copyright owners. If you are the copyright owner of content which appears on the Home and Garden America website and you did not authorize the use of the content you must notify Home and Garden America in writing in order for us to identify the allegedly infringing content and take action.

In order to more easily facilitate the process we have provided a form for your use. We will be unable to take any action if you do not provide us with the required information so please fill out all fields accurately and completely. Alternatively you may make a written notice via email, facsimile or postal mail to the DMCA AGENT as listed below. Your written notice must include the following:

A physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner which expressly claims an exclusive right that is allegedly being infringed.

Specific identification of the copyrighted work which you are alleging to have been infringed. If you are alleging infringement of multiple copyrighted works with a single notification you must submit a representative list which specifically identifies each of the works that you allege are being infringed.

Specific identification of the location and description of the material that is claimed to be infringing or to be the subject of infringing activity with enough detailed information to permit Home and Garden America to locate the material. You should include the specific URL or URLs of the web pages where the allegedly infringing material is located.

Information reasonably sufficient to allow Home and Garden America to contact the complaining party which may include a name, address, telephone number and 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.

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.

Please also note that under applicable law, 17 U.S.C. 512(f), any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability

DMCA Compliance
The following describes the DMCA Compliance for our homeandgardenamerica.com website. We at Home and Garden America are committed toD responding to any alleged copyright violations, should they occur. Notice of any alleged violation should take the form proposed by the U.S. Digital Millennium Copyright Act as revealed at http://www.copyright.gov.

Remedy
If any material infringes on the copyright of any offended party, we may remove the content from homeandgardenamerica.com, prevent access to it, terminate or block access for those responsible for the content, and/or any other action deemed appropriate. We may also pass along record of the incident for documentation and/or publication by third parties at our discretion.

Not Legal Advice/No Attorney-Client Relationship
If you believe your rights have been violated, it can be a serious matter. This DMCA notice exists solely to effectuate our efforts, as website owners, to prevent and eliminate infringement on intellectual property rights. It is no substitute for the assistance of competent legal counsel. Other remedies and action, such as against an internet service provider (ISP), may exist. You may wish to seek legal help immediately.

Notification
For your convenience and to speed resolution, notice of alleged infringement may be tendered to Home and Garden America via email, using the email address and/or contact information provided on this website. We warn that you will be liable for any and all statutory and common law damages, as well as court costs and attorney fees, if you falsify a claim that your copyrights have been violated. Six figure awards have already been granted for bogus complaints, so seeking the help of competent counsel is advised. Assuming you still wish to assert copyright violation, you should provide the following to speed up the process: STEP 1. Identify in adequate detail the copyrighted item you believe has been violated, by providing the URL to the protected work, ISBN#, or otherwise. STEP 2. Identify the URL of the webpage that you assert is infringing the copyrighted work listed in item #1 above. STEP 3. Provide contact information for yourself (email address is preferred, phone is suggested). STEP 4. Provide information sufficient to allow us to notify the owner/administrator of the allegedly infringing webpage or other content such as a blog or forum posting (email address is preferred). STEP 5. Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.” STEP 6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.” STEP 7. Digitally sign your affirmation. Counter-Notification Note that the party representing the affected website or provider of content can issue a counter-notification under sections 512(g)(2) and (3) of the Digital Millennium Copyright Act, and so we may again post or link to the content in that case. For your convenience, counter notification may be tendered via email, using the email address and/or contact information provided on this website. We warn that you will be liable for any and all statutory and common law damages, as well as court costs and attorney fees, if you falsify a claim that others’ copyrights have NOT been violated Assuming you still wish to file a counter-notice, you should provide the following to speed up the process: STEP 1. Identify the specific URLs or other unique identifying information of material that we have removed or disabled access to. STEP 2. Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person. STEP 3. Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that each item of content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled at the URL identified and will no longer be shown.” STEP 4. Digitally sign the affirmation.

CHANGE NOTICE:
As with any of our administrative and legal notice pages, the contents of this page can and will change over time. Accordingly, this page could read differently as of your very next visit. These changes are necessitated, and carried out by Home and Garden America, in order to protect you and our homeandgardenamerica.com website. If this page is important to you, you should check back frequently as no other notice of changed content will be provided either before or after the change takes effect.

COPYRIGHT WARNING:
The legal notices and administrative pages on this website, including this one, have been diligently drafted by an attorney. We at Home and Garden America have paid to license the use of these legal notices and administrative pages on homeandgardenamerica.com for your protection and ours. This material may not be used in any way for any reason and unauthorized use is policed via Copyscape to detect violators.

QUESTIONS/COMMENTS/CONCERNS:
If you have any questions about the contents of this page, or simply wish to reach us for any other reason, you may do so by using our Contact information. 2457 Merrit Dr, Carson City, NV 89701 Ph. 888-582-6650 email: customercare@homeandgardenamerica.com