Digital Millennium Copyright Act (DMCA) Notice

If you believe that content available by means of the Website (as defined in our Terms of Service) infringes one or more of your copyrights, please notify us by providing a written notice (“Infringement Notice”) containing the information described below to the designated agent listed below.  If Havey Marketing Solutions, LLC (“HMS, LLC”) takes action in response to an Infringement Notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by such party to HMS, LLC.

Your Infringement Notice may be forwarded to the party that made the content available or to third parties.

Please be advised that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. Thus, if you are not sure content located on or linked-to by the Website infringes your copyright, you should consider first contacting an attorney.

To file a notice:

First, verify that the blog in question is hosted by HMS, LLC.  We only host blogs that have “realestatemarketingthisweek.com” in their URL.

If so, send your complaint to our designated agent. (we prefer email):

Havey Marketing Solutions, LLC
Dan Havey
5902 E Marilyn Rd
Scottsdale, AZ 85254
Attn: DMCA Infringement Notice

You must include the following:

  • A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
  • An identification of the copyrighted work claimed to have been infringed;
    • – Location of copyrighted work (where your original material is located) and description so that the copyrighted work can be easily identified.
  • A description of the nature and exact location of the content that you claim to infringe your copyright, in sufficient detail to permit HMS, LLC to find and positively identify that content;
    • – Location (URL) of the unauthorized material on a REMTW.com site (NOT simply the primary URL of the site) – example: site.realestatemarketingthisweek.com/post-title; you must provide the full and exact permalink of the post, page, or image where the content appears. (Please remember that you can only submit one copyrighted material per claim, and only against one blog. If you have other copyright violations to report, you must fill in separate reports.)
    • – If the infringement described above is represented by a third-party link to a downloadable file (e.g. http://someothersite.com/files/…), please provide the URL of the file (one per line).
  • Your Contact Information: name, address, telephone number and email address;
  • A statement that you have 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, and;
    • – example: “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.”
    • – Please note that you may be liable for damages if you “knowingly materially misrepresent” your copyrights – and we may seek to collect those damages (see below).  Fair Use Doctrine should also be taken into consideration.
  • 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 owner of an exclusive right that is allegedly infringed.
    • – example: “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.”
    • – Be Aware – by submitting an Infringement Notice you acknowledge that a copy of your Infringement Notice, including any contact information you provided (address, telephone number, and email address), will be forwarded to the user who uploaded the content at issue.

If an Infringement Notice is valid, we are required by law to respond to it by disabling access to the allegedly infringing content. If you are a REMTW.com user and access to portions of your blog have been disabled for this reason, we will notify you. You then have the option to send us a written counter-notice stating why your content does not infringe copyrights and asking for access to be reinstated.

Misrepresentation:  Any party believed to misrepresent their copyrights may be held liable as outlined under Section 512(f) of the DMCA:

(f) Misrepresentations. – Any person who knowingly materially misrepresents under this section —

(1) that material or activity is infringing, or

(2) that material or activity was removed or disabled by mistake or misidentification,

shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.

 

 

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