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Terms and Conditions

 

 

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.

 

ACCESSING THE WEBSITE AND ACCOUNT SECURITY

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Website or the entire Website.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of 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:

  1. Removing the infringing material or disabling all links to the infringing material;
  2. 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:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. 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;
  3. 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;
  4. 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;
  5. 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
  6. 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. You must use the Website for your personal, non-commercial use only.  You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website.

 

TRADEMARKS

LFI owns the LFI trademarks, including but not limited to LANDSCAPEFORMS®, STUDIO 431®, MULTIPLICITY®, PARALLEL 42®, KALEIDOSCOPE®, ARCATA®, CHASE PARK®, PARC CENTRE®, PARC VUE®, REST®, RIDE®, COLLECT®, STOP®, CONNECT®, MINGLE®, CHILL®, WELLSPRING®,  WINDMARK®, RING®, LAKESIDE®, BOLA®, 21CHAIR®, AMERICANA®, APPRECIATE THE OUTDOORS®, ASPECT®, BACKDROP®, CIRQUE®, GO OUTDOORTABLE®, IT'S GOOD TO BE RECYCLED®, KALEIDOSCOPE®, KORNEGAY DESIGN®, L I N E®, LOLL®, LOLLYGAGGER®, MOTIVE®, NORTHPORT®, OUTDOOR FURNITURE FOR THE MODERN LOLLYGAGGER®, PASEOS®, TAKE-OUT®, THEORY®, TYPOLOGY® and UPFIT®.  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.

 

PROHIBITED USES

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website. 
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

 

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.

 

ENTIRE AGREEMENT

The Terms, our Privacy Policy, and Terms of Sale constitute the sole and entire agreement between you and LFI regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website. 

 

YOUR COMMENTS AND CONCERNS

This website is operated by Landscape Forms, Inc.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: marketing@landscapeforms.com.

 

 

 

 

 

 

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