If you believe that content available by means of the National Gardening Association ("NGA") Website (as defined in our Terms of Service
) infringes one or more of your copyrights, please notify us by means of an emailed notice ("Infringement Notice") providing the information described below to the email address listed below. If NGA takes action in response to an Infringement Notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by such party to NGA. Your Infringement Notice may be forwarded to the party that made the content available or to third parties such as ChillingEffects.org
. Please be advised that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights.
Thus, if you are not sure content located on or linked-to by the Website infringes your copyright, you should consider first contacting an attorney.
All Infringement Notices need to be sent to email@example.com as plain text emails without attachments (email attachments are discarded) and include the following or they will be deemed invalid:
- An electronic signature of the copyright owner or a person authorized to act on their behalf;
- An identification of the copyright claimed to have been infringed;
- A description of the nature and exact location of the content that you claim to infringe your copyright, in sufficient detail to permit NGA to find and positively identify that content; for example we require a link to the specific page that contains the content and a description of which specific portion of the post – an image, a link, the text, etc – your complaint refers to;
- Your name, address, telephone number and email address; and
- A statement by you: (a) that you believe in good faith that the use of the content that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner's agent; and (b) under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.
If a DMCA notice is valid, we are required by law to respond to it by disabling access to the allegedly infringing content. If you are an NGA user and access to portions of content that you have contributed has been disabled for this reason, we will notify you. You then have the option to send us a counter-notice stating why your content does not infringe copyrights and asking for access to be reinstated. Counter notices need to be sent to firstname.lastname@example.org as plain text emails without attachments (email attachments are discarded) and include the following or they will be deemed invalid:
- Your name, address, phone number and physical or electronic signature;
- Identification of the allegedly infringing content and its location before disabling access; and
- A statement under penalty of perjury explaining why the content was removed by mistake or misidentification.