DCMA Policy

DMCA Policy MOMultifamily.com

Last Updated: 4/28/2024

Introduction

MOMultifamily.com (“we,” “us,” or “our”) is committed to respecting the intellectual property rights of others while also protecting our own legal interests and the interests of our users. In compliance with the Digital Millennium Copyright Act ("DMCA"), we have implemented the following policy to address claims of copyright infringement on our website. This policy outlines the process for submitting a DMCA takedown notice and a DMCA counter-notice, as well as the limitations of our liability and responsibilities.

Understanding the DMCA

The Digital Millennium Copyright Act (“DMCA”) provides a standardized legal process for copyright holders to request the removal of content that they believe infringes their copyrights. For more information about the DMCA, please visit the U.S. Copyright Office’s official website. Please note that this policy is not legal advice. We strongly recommend that you consult with an attorney regarding any specific legal questions or concerns you may have.

Submitting a DMCA Takedown Notice

If you believe that your copyrighted work is being used on MOMultifamily.com in a manner that constitutes copyright infringement, you may submit a DMCA takedown notice to us. However, to prevent abuse of this process and to ensure that all claims are legitimate, we require that all DMCA notices contain the following information:

Your Physical or Electronic Signature

A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the copyright owner.

Identification of the Copyrighted Work

A clear and detailed description of the copyrighted work that you claim has been infringed, including a link to the original work or other information sufficient to identify the copyrighted material.

Identification of the Infringing Material

A description of the infringing material and information reasonably sufficient to permit us to locate the material on our website (e.g., a link to the infringing content).

Your Contact Information

Your name, address, telephone number, and email address.

A Statement of Good Faith

A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

A Statement of Accuracy and Authorization

A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Acknowledgment of Consequences

A statement acknowledging that any misrepresentation in your notice regarding whether material is infringing may expose you to liability for damages (including costs and attorneys' fees).

Please send your DMCA takedown notice to our designated DMCA agent at the following address:

Attention: Legal Department

DMCA Notice

Email: [email protected]

Review Process and Discretion

We reserve the right to review the validity of any DMCA notice we receive. This includes verifying that the notice is complete, accurate, and that the complaining party has provided sufficient evidence to support their claim of copyright infringement. We are not obligated to remove content if the DMCA notice is incomplete or if the claims appear to be unfounded or abusive. In addition, we reserve the right to seek clarification or additional information before taking any action.

Counter Notices

If you believe that your content was mistakenly removed or disabled due to a DMCA takedown notice, you may file a counter notice. To protect against false claims and ensure that only legitimate counter notices are processed, we require that your counter notice contain the following:

Your Physical or Electronic Signature

A physical or electronic signature of the user submitting the counter notice.

Identification of the Removed Material

A description of the material that was removed or disabled and the location where it appeared before it was removed or disabled.

A Statement Under Penalty of Perjury

A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.

Your Contact Information

Your name, address, telephone number, and email address.

Consent to Jurisdiction

A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided the original DMCA notice or an agent of that person.

Acknowledgment of Consequences

A statement acknowledging that any misrepresentation in your counter notice may expose you to liability for damages (including costs and attorneys' fees).

Please send your counter notice to our designated DMCA agent at the address provided above.

Limitations of Liability

We act as a neutral intermediary between the complaining party and the user who posted the allegedly infringing content. As such, we are not responsible for determining the merits of either party’s claims. Our role is limited to processing DMCA notices and counter notices in accordance with the DMCA and this policy.

We will not be liable for any damages (including, without limitation, damages for loss of profits, business interruption, or loss of information) arising out of or in connection with the removal of content, the disabling of access to content, or the termination of user accounts in response to a DMCA notice.

No Automated Notices

We do not accept or process DMCA notices or counter notices submitted by automated means, including bots or other automated tools. Each notice must be reviewed and submitted by a trained professional to ensure compliance with this policy.

Re-enabling Content

If we receive a valid counter notice, we will notify the original complaining party and restore the content within 14 business days unless the original complaining party informs us that they have initiated legal action seeking a court order to restrain the user from engaging in infringing activity.

Final Notes

By submitting a DMCA notice or counter notice, you acknowledge that we may share the information you provide with the accused party, any relevant third parties, and legal representatives as necessary to comply with the DMCA process. We strongly encourage all parties involved to seek legal advice before submitting a DMCA notice or counter notice.

If you have any questions about this DMCA policy, please contact our legal department at:

Email: [email protected]