AdvanceCRE has adopted the following policy toward copyright or other intellectual property infringement on AdvanceCRE websites or platforms or the Mobile Software, in accordance with the Digital Millennium Copyright Act ("DMCA") and equivalent or similar laws in other jurisdictions which are intended to exclude or limit the liability of online service providers who provide access to user-generated content.
1. DMCA NOTICE PROCEDURE
A. It is our policy to respond to allegations of infringement upon prompt notification to us by the copyright owner or the copyright owner's legal agent. If you believe that your work has been copied in violation of applicable copyright law or used on AdvanceCRE websites or platforms in a way that constitutes copyright infringement, please notify our copyright agent as set forth below.
B. In order for AdvanceCRE to take action on your complaint, you must provide all of the following in writing:
i. Your name and contact information.
Please include your address, telephone number, and email address.
ii. Identification of the copyrighted work that you claim has been infringed.
Please include reasonably sufficient details describing the copyrighted work that is claimed to be infringing.
iii. A detailed description of where on the AdvanceCRE website or platforms the allegedly infringing material is located.
General information about the content is not adequate. Please include reasonably sufficient detail to enable us to identify and locate the work that is claimed to be infringing (for example: the URL(s) of the exact work(s)).
iv. 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.
v. A statement, under penalty of perjury, that the information in the notification is accurate and you are the owner of an exclusive right that is allegedly infringed or an agent authorized to act on behalf of the owner.
vi. Your signature.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
C. Contact information for our copyright agent is as follows:
Attn: Copyright Agent
1124 Rexford Drive
Los Angeles, CA 90035
Via e-mail: firstname.lastname@example.org
D. We will review all claims of copyright infringement received and remove the content deemed to have been posted or distributed in violation of any such laws.
2. COPYRIGHT COUNTER-NOTICES
A. If content that you posted on the AdvanceCRE websites or platforms was removed due to a claim(s) of copyright infringement and you believe that such removal was improper or in error, you may submit a counter-notification, in accordance with Section 512(g) of the DMCA, the our copyright agent at the addresses listed above.
B. To expedite processing of your counter-notification, please include all of the following information in your counter-notification:
i. Your full name, address, telephone number, email address and, if you are a registered User, the username associated with your account.
ii. Identification of the URLs for the specific pages that contain material that AdvanceCRE has removed or to which AdvanceCRE has disabled access.
iii. A statement that you consent to the jurisdiction of the courts of the state of California and that you will accept service of process from the person, or the agent thereof, who provided notification to AdvanceCRE in accordance with the DMCA notice procedures.
iv. A statement, under penalty of perjury, that 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.
v. Your physical or electronic signature (or the same of a person authorized to sign on your behalf).
C. Upon receipt of your counter-notification, we will forward it to the party that submitted the original claim of copyright infringement. Please note that, when we forward the counter-notification, it may include any of your identifying information, as such is included in the counter-notification. By submitting a counter-notification, you consent to having such identifying information disclosed in this manner.
D. After the counter-notification has been sent to the original claimant, the claimant must then notify us within ten (10) days that he or she has filed an action seeking a court order to restrain your engagement in infringing activity relating to content on the AdvanceCRE websites or platforms. Upon receipt of such notification from the original claimant, we will be unable to restore the disputed content. If we do not receive such notification, we may, but are not obligated to, reinstate the disputed content.
E. Please note that, under Section 512(f) of the DMCA, any person who knowingly misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
F. Please also be advised that, in accordance with the DMCA and other applicable law, AdvanceCRE has adopted a policy of terminating, in appropriate circumstances, the accounts of Users who are deemed to be repeat infringers. AdvanceCRE may also, at its sole discretion, limit access to the Services or terminate the accounts of any Users who infringe any intellectual property rights of others, whether actual or claimed and regardless of whether or not infringement is reoccurring. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney before publishing the content on the AdvanceCRE websites or platforms.
G. If you reside outside of the United States, please understand that filing a counter-notice may lead to legal proceedings between you and the complaining party to determine ownership. Therefore, please be aware that there may be adverse legal consequences in your country or the United States if the allegations that you submit through this process are false or otherwise made in bad faith. Accordingly, if you are unsure as to whether content that is being infringed or whether it is appropriate to file a counter-notification, we encourage you to consult a U.S. attorney before publishing on the AdvanceCRE websites or platforms, or otherwise taking any action through the copyright notice process.
3. OTHER INFRINGING CONTENT
A. If you believe, in good faith, that any other content on the Services, the AdvanceCRE websites or platforms, or the Mobile Software is illegal or infringing with respect to other intellectual property rights (i.e., trademark, patent, trade secret) or you wish to make us aware of other illegal or infringing conduct relative to the Services, you may contact us via email at:email@example.com.
B. Any notice to us must contain: (i) a detailed description of the infringing or illegal material or activity including why it is infringing or illegal; (ii) a detailed description specifying the location of the material that you claim is infringing or illegal (if applicable); and (iii) your name, address, telephone number and e-mail address.