Digital Millennium Copyright Act Policy
It is the policy of the Abilene Association of REALTORS® to respond to each notice of alleged copyright infringement (an “Infringement Notice”) in compliance with the Digital Millennium Copyright Act (“DMCA”) and any other applicable law.
This policy describes:
1) How to serve an Infringement Notice; and
2) What to do if any material you placed on any “Abilene Association of REALTORS® Site” becomes the subject of an Infringement Notice.
For purposes of this policy, “Abilene Association of REALTORS® Site” is in reference to abileneaor.org. Abilene Association of REALTORS® does not control content hosted on third party websites, and cannot remove content from sites it does not own or control. If you are the copyright owner of content hosted on a third party site, and you have not authorized the use of your content, please contact the administrator of that website directly to have the content removed.
The following Infringement Notice and Counter-Notice requirements are intended to comply with Abilene Association of REALTORS®’s rights and obligations under the DMCA and do not constitute legal advice.
Designated Copyright Agent
Abilene Association of REALTORS® has registered a “Designated Copyright Agent” with the U.S. Copyright Office pursuant to the DMCA. If you (or your agent) believe that your copyrighted material is being used on a Abilene Association of REALTORS® Site without permission, please notify our Designated Copyright Agent in writing (either by mail, email, or fax) at:
DMCA Designated Copyright Agent: Ken Hogan
626 S Pioneer Dr.
Abilene, TX 79605
Phone: (325) 692-9821
Only Infringement Notices or Counter-Notices (described below) should be sent to our Designated Copyright Agent.
If you are a copyright owner (or agent thereof) and you believe that your intellectual property rights have been violated by Abilene Association of REALTORS®, or by a third party who has uploaded content on a Abilene Association of REALTORS® Site (an “Account Holder”), please provide the following information (your “Infringement Notice”) to Abilene Association of REALTORS®’s Designated Copyright Agent (listed above):
a) A description of the copyrighted work or other intellectual property that you claim has been infringed;
b) A description of where the material that you claim is infringing is located on a Abilene Association of REALTORS® Site;
c) An address, telephone number, and e-mail address where Abilene Association of REALTORS® can contact you and, if different, an e-mail address where any alleged infringing Account Holder (not Abilene Association of REALTORS®), can contact you;
d) A statement that you have a good-faith belief that the use described above is not authorized;
e) A statement by you under penalty of perjury that the information in your Infringement Notice is accurate, and that you are the copyright or intellectual property owner (or are authorized to act on the owner’s behalf); and
f) Your electronic or physical signature.
Abilene Association of REALTORS® may request additional information before removing any infringing material. Abilene Association of REALTORS® may also provide the Account Holder with your e-mail address so that that person can respond to your allegations.
Abilene Association of REALTORS® will, in appropriate circumstances, terminate the accounts of repeat infringers. If you believe that an Account Holder is a repeat infringer, please follow the instructions above to contact Abilene Association of REALTORS®’s Designated Copyright Agent and provide information sufficient for us to verify that the Account Holder has been determined to be in violation of the DMCA repeatedly.
An Account Holder who posted information which becomes subject to an Infringement Notice may provide a “Counter-Notice” to dispute the Infringement Notice. Pursuant to the DMCA, Abilene Association of REALTORS®, or the Account Holder subject to the Infringement Notice, may make a Counter-Notice. If we make or receive a Counter Notice from an Account Holder, we may reinstate the post or material in question.
If material that you (an Account Holder) posted to a Abilene Association of REALTORS® Site has been taken down, you may file a written “Counter-Notice,” that contains the following details, with our Designated Copyright Agent (listed above):
a) Identification of the material that was removed or to which access was disabled and the location at which the material appeared before it was removed or disabled;
b) 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 of the material in question;
c) Your name, address and telephone number;
d) A statement that you consent to the jurisdiction of the Federal District Court for judicial district in which your address is located or, if your address is outside of the USA, for any judicial district in which Abilene Association of REALTORS® may be found and that you will accept service of process from the person who submitted a notice in compliance with the DMCA, as generally described above;
e) Your physical or electronic signature.
Please note: This policy is no substitute for legal advice. You should obtain legal advice to better understand your rights and obligations under the DMCA and applicable laws.