The Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any content or material made available in connection with our website or services infringes your copyright, you (or your agent) may send us a notice requesting that the content or material be removed, or access to it blocked. Notices must be sent in writing by email to: hello@livingstlouismo.com.
“The DMCA requires that your notice of alleged copyright infringement include the following information: (1) description of the copyrighted work that is the subject of claimed infringement; (2) description of the alleged infringing content and information sufficient to permit us to locate the content; (3) contact information for you, including your address, telephone number and email address; (4) a statement by you that you have a good faith belief that the content in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (5) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (6) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above information may result in the delay of the processing of your complaint.”
Repeat Infringers
It is our policy to terminate, in appropriate circumstances, the access of any user or account holder who is determined to be a repeat infringer of copyright. We may also, at our discretion, limit access to this Site or remove material from users who infringe the intellectual property rights of others, whether or not there is any repeat infringement.
Because this Site does not host user accounts or user-submitted content, most material appearing here is supplied to us by third parties, including real estate listing data and photographs distributed through our MLS feed. Where we receive a valid notice concerning that material, we remove or disable access to it promptly and forward the notice to the applicable data provider, who is responsible for the content at its source.
Counter-Notification
If you believe material of yours was removed or disabled by mistake or misidentification, you may send a written counter-notification to hello@livingstlouismo.com including: (1) your physical or electronic signature; (2) identification of the material that was removed and the location where it appeared before removal; (3) a statement under penalty of perjury that you have a good faith belief the material was removed as a result of mistake or misidentification; and (4) your name, address and telephone number, and a statement that you consent to the jurisdiction of the federal court in the judicial district where your address is located (or, if outside the United States, any judicial district in which we may be found), and that you will accept service of process from the person who provided the original notification.
If we receive a valid counter-notification, we may restore the removed material in ten (10) business days unless the original complaining party first notifies us that it has filed an action seeking a court order to restrain the allegedly infringing activity.
Misrepresentation
Please be aware that under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing, or that material was removed or disabled by mistake or misidentification, may be liable for damages, including costs and attorneys’ fees.