Copyright and Intellectual Property Policy
Notice and Procedure for Filing Claims of Copyright Infringement
MLSListings respects intellectual property laws (including the federal Digital Millennium Copyright Act, aka DMCA) and the rights of others, and will respond to written notifications of alleged infringement by copyright owners, or their authorized agent, according to this copyright policy.
If you believe any materials accessible on or from this site (the "Website") infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting a written notification to our Copyright Agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice must include the following:
- Your name, mailing address, telephone number and email address.
- Sufficient detail about the copyrighted work.
- The URL or other specific location on our websites that contains the material that you claim infringes your copyright.
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law (i.e. “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.”).
- A statement by you that the information contained in your notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner's behalf (i.e. “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.”).
- An electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your written notice may not be effective.
By submitting an infringement notification, you are initiating a legal process. Filing false claims, or other misuse of this process, can result in substantial penalties, according to Section 512(f) of the DMCA, including damages and attorneys’ fees.
Only copyright owners can report a suspected infringement to us. If you are not the copyright owner (or the authorized representative of the owner) you cannot report a suspected infringement to us. If you believe that any content on a website infringes another party's copyright, you should advise the copyright owner directly.
Response to Notifications
Once notified in writing, MLSListings will act quickly to remove or disable access to potentially infringing material hosted on our websites. (MLSListings does not have control over content residing on any third-party sites, and cannot remove content from any website not under our direct control.)
We will also alert the person or entity that submitted the allegedly infringing material, and provide them with a copy of the infringement notification. MLSListings reserves the right to suspend or terminate access to MLSListings for persons who repeatedly or blatantly infringe the copyrights of others.
Counter-Notifications
If a notice of copyright infringement has been wrongly filed against you, or if you believe your content was removed or disabled by mistake or misidentification, you may submit a counter-notification which includes the following:
- The user’s name, mailing address, telephone number and email address.
- Identification of the material that has been removed or disabled and the URL or other specific location on our websites at which the material appeared before it was removed or disabled.
- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- A statement that you consent to the jurisdiction of U.S. Federal District Court for the judicial district in which your address is located or, if your address is outside of the U.S., for U.S. Federal District Court for the Northern District of California located in San Francisco, CA); and that you will accept service of process from the original complainant.
- The user’s physical or electronic signature.
Upon receipt of a valid written counter-notification, MLSListings will provide the original claimant with a copy of the counter-claim. After 10 business days following receipt of the counter-notification, the DMCA allows MLSListings to restore the removed material, providing the original claimant does not file a court order to restrain the use of the infringing material.
Before submitting a counter-claim, be sure you are the legal rights holder of the removed content or that you have a good faith belief that the material was removed in error, and understand the consequences of submitting a false claim.
Where to Send Notice
MLSListings Inc.
740 Kifer Rd,
Sunnyvale, CA 94086
Attention: MLSListings Legal & Compliance Department
By e-mail:
Notice of copyright infringement by e-mail may allow our Copyright Agent to begin investigating the alleged infringement; however, MLSListings must receive your signed statement, as described above, by mail or as an attachment to your e-mail before we are required to take action.
Additional Details
The above information should not be construed as legal advice. If you’re not sure whether the use of the material in questions infringes your copyright, consider contacting an attorney before filing a notification or counter-notification.
For further information about the DMCA, please visit the website of the United States Copyright Office at: http://www.copyright.gov/onlinesp.
In addition to the above, MLSListings always reserves the right to remove any content without prior notice and at our sole discretion.
