Digital Millennium Copyright Act (“DMCA”)

The Shoals Area Association of REALTORS (SAAR) respects the intellectual property rights of others and expects you to do the same. Per the DMCA, SAAR will respond expeditiously to claims of copyright infringement on the Site if submitted to SAAR’s Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, SAAR will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials.

If you believe that your intellectual property rights​ have been violated by SAAR or by a third party who has uploaded materials to the Site, please provide the following information to SAAR’s designated Copyright Agent listed below:

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 the Site;

c. An address, telephone number, and e-mail address where SAAR can contact you and, if different, an e-mail address where the alleged infringing party, if not SAAR, can contact you;

d. A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;

e. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf;

f. Your electronic or physical signature.

SAAR may request additional information before removing any allegedly infringing material. In the event SAAR removes the allegedly infringing materials, SAAR will immediately notify the person responsible for posting such materials that SAAR removed or disabled access to the materials. SAAR may also provide the responsible person with your e-mail address so that the person may respond to your allegations.

SAAR reserves the right to terminate, limit or suspend any user’s access to the Site in the event of repeated infringing activity. If you believe that a user of this Site is a repeat infringer, please follow the above instructions to contact SAAR’s Copyright Agent. Please include sufficient information to assist SAAR in determining that the user repeatedly engaged in infringing activity.

SAAR registered a designated agent with the Copyright Office pursuant to 17 U.S.C. 512(c). SAAR’s designated Copyright Agent is:

Valerie W. Regan
SHOALS AREA  ASSOCIATION OF REALTORS®
30 HIghtower Place
Florence, AL 35630

United States
256-764-8002
valerie@shoalsaar.com​


DMCA (Copyright) Policy of the MLS of the Shoals Area Association of REALTORS®
MLS of the Shoals Area Association of REALTORS®
searchtheshoals.com
searchtheshoals.net
The Multiple Listing Service of the Shoals Area Association of Realtors abides by the Digital Millennium Copyright Act (DMCA) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of our response, we may remove or disable access to material residing within the MLS site that is claimed to be infringing, in which case we will make a good-faith effort to contact the person who submitted the affected material so that they may make a counter notification, also in accordance with the DMCA.
Before serving either a Notice of Infringing Material or Counter-Notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with the rights and obligations requirements of the MLS of the Shoals Area Association of REALTORS® under the DMCA and, in particular, section 512(c), and do not constitute legal advice.
Notice of Infringing Material
To file a copyright infringement notification with the MLS of the Shoals Area Association of REALTORS®, send a written communication that includes substantially the following information (please consult your legal counsel or see Section 512(c)(3) of the United States Copyright Act (http://www.copyright.gov/legislation/dmca.pdf) to confirm these requirements):
Specific identification of the copyrighted work claimed to have been infringed, or, if multiple alleged copyrighted works at the Website are covered by a single notification, a list of such works;
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, at and on the Website, as well as information reasonably sufficient to permit the Website service provider to locate the affected and protected material. (**Providing URLs in the body of an email is the best way to help us locate content quickly.**);
Information reasonably sufficient to permit the Website service provider to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
Include the following statement: in your communication: “I have good faith belief that the use of the copyrighted materials described above and contained on the Website service is not authorized by the copyright owner, its agent, or by protection of law;”
Also include the following statement: in your communication: “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or I am authorized to act on behalf of the owner of the copyright that is allegedly infringed;” and
A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”.

 

Such written notice should be sent to the Website’s designated copyright agent as follows:
Multiple Listing Service of the Shoals Area Association of REALTORS®
Attn: Valerie Regan, Association Executive
30 Hightower Place, Florence, AL 35630
p: 256.764.8002
You may also send the written notice by email to valerie@shoalsaar.com.
Please note that under Section 512(f) of the United States Copyright Act, any person who knowingly materially misrepresents that material or activity should be removed or disabled by mistake or misidentification may be subject to liability, including costs and attorneys’ fees.
Counter-Notification
To file a counter-notification with respect to material, content or activity at or on the Website, you must provide a written communication to us that sets forth the following specific elements and information:
Identification of the specific material that has been removed or to which access has been disabled;
Your full name, address, telephone number, and email address;
The statement: “I consent to the jurisdiction of the Federal District Court for the district in which my address is located, or if my address is outside of the United States, the judicial district in which the MLS of the Shoals Area Association of REALTORS® is located, and I will accept service of process from the claimant.;” and
The statement: “I swear under penalty of perjury that I 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.”
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such written communication should be sent to our designated agent as follows:
Multiple Listing Service of the Shoals Area Association of REALTORS®
Attn: Valerie Regan, Association Executive
30 Hightower Place, Florence, AL 35630
p: 256.764.8002
You may also send the written notice by email to valerie@shoalsaar.com.
We can only accept a counter-notification directly from the user who originally submitted the allegedly infringing maternal. For verification, we require that counter-notifications be submitted from the email address associated with the original submission.
After we receive a counter notification, we will forward it to the party who submitted the original

claim of copyright infringement. Please note that when we forward the counter notification, it will include your personal information. By submitting a counter notification, you consent to having your information communicated and revealed in this way. We will not forward the counter notification to any party other than the original claimant.
Please understand that filing a counter-notification may lead to legal proceedings between you and the claimant to determine ownership or rights. Also be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation.
After we send the counter-notification to the original claimant, the claimant will have 10 business days (under currently applicable U.S. law) to reply whether or not the complainant has filed an action seeking a court order to restrain engagement in infringing activity relating to the material on the Website. If we receive such a reply we will be unable to restore the material to the Website pending such court adjudication. If we do not receive such a reply, we may reinstate the material.
Please note that under Section 512(f) of the United States Copyright Act, any person who knowingly materially misrepresents that material, content or activity was removed or disabled by mistake or misidentification may be subject to liability, including costs and attorneys’ fees.
Repeat Infringers of this copyright policy will be barred from further participation in the MLS of the Shoals Area Association of REALTORS®.


The Digital Millennium Copyright Act of 1998