HomeSmart International, LLC (“HomeSmart”) respects the intellectual property rights of others. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.DMCA Notice of Copyright InfringementIf you have a good-faith belief that content or material on any HomeSmart website infringes upon a copyright you own or the copyright of a person or entity for which you have been authorized to act on behalf of the owner, you may submit a notice to HomeSmart requesting that the material be removed, or access to it blocked (“Notice”). The Notice must include:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- 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.
- 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 the service provider to locate the material. We will need direct URLs to the content/image(s) being referenced. If URLs are not available, we will need screenshots.
- Information reasonably sufficient to permit the service provider 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.
- 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.
In addition, if you have a good-faith belief that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. You acknowledge that if you fail to comply with all of the notice requirements of the DMCA, your notice may not be valid.
In accordance with the DMCA, the full text of which is available at http://www.copyright.gov/legislation/dmca.pdf, we have designated an agent to receive notification of alleged copyright infringement. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to our designated agent as follows:
HomeSmart International, LLC
Attn: Legal Department (DCMA Designated Agent)
8388 E Hartford Dr., Suite 100
Scottsdale, Arizona 85255
Or, via email Notice to: firstname.lastname@example.org
When HomeSmart receives a Notice, HomeSmart will make a good-faith effort to forward the Notice to the person reasonably believed to be responsible for posting the allegedly infringing content or material. HomeSmart will use the information in the Notice to determine whether to remove or disable the allegedly infringing content or material. If a Notice is incomplete, HomeSmart is under no obligation to act.
HOMESMART HAS NO OBLIGATION TO ADJUDICATE CLAIMS OF INFRINGEMENT. Claimants, Counterclaimants, and users understand that HomeSmart is not an intellectual property tribunal. While HomeSmart may, in its discretion, use the information provided in any DMCA notice and counter notice in order to decide how to respond to infringement claims, HomeSmart is not responsible for determining the merits of such claims. If a Counterclaimant responds to a claim of infringement by providing a Counter Notice, the Counterclaimant agrees that if HomeSmart restores or maintains the content, the Counterclaimant will defend and hold HomeSmart harmless from any resulting claims of infringement against HomeSmart.
PLEASE NOTE: IF YOU MATERIALLY MISREPRESENT THAT ONLINE MATERIAL, PRODUCT, OR ACTIVITY IS INFRINGING YOUR COPYRIGHTS, YOU MAY BE LIABLE FOR DAMAGES (INCLUDING COURT COSTS AND ATTORNEYS’ FEES) AND COULD BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY. WE SUGGEST THAT YOU CONSULT YOUR LEGAL ADVISOR BEFORE FILING A NOTICE OR COUNTER-NOTICE.
Nothing herein is intended to constitute legal advice.