Digital Millennium Copyright Act ("DMCA") Policy and User Generated Submissions
Background
Some of the services offered by the M.L.S. of Naples ("Naples MLS") on the Sites that it operates allow you and others to post, transmit, display, publish, distribute, or otherwise submit public user generated material (collectively "Submissions") to the Sites, including, but not limited to, information about real property for sale or rent, the products or services related to a real estate transaction, issues related to home ownership and the acquisition or sale of real estate, and membership and products and services of the Naples MLS parent, the Naples Area Board of REALTORS® and Association of Real Estate Professionals, Inc. d/b/a/ the Naples Area Board of REALTORS® ("NABOR®").
Inappropriate Submissions
You agree not to post any Submission to the Sites that: contains vulgar, profane, abusive, hateful, or sexually explicit language, epithets or slurs, text in poor taste, inflammatory attacks of a personal, sexual, racial or religious nature, or expressions of bigotry, racism, discrimination or hate; is defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, or unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights or right of publicity of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity; unfairly interferes with any third party's uninterrupted use and enjoyment of the Sites; advertises, disparages, promotes or offers to trade any goods or services in any manner that does not comport with the purpose or spirit of the Sites, is intended primarily to promote a cause or movement, whether political, religious or other; contains copyrighted content (copyrighted articles, illustrations, images, text, or other content) without the express permission of the owner of the copyrights in the content; constitutes, promotes or encourages illegal acts, the violation of any right of any individual or entity, the violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability; discloses any personal identifying information relating to or images of a minor without consent of a parent, guardian or educational supervisor; infringes any copyright, trademark, patent, trade secret, or other intellectual property right; contains viruses or other harmful, disruptive or destructive files; or is inappropriate for minors to View; links to any commercial or other website; and/or is not otherwise in compliance with the Terms of Use applicable to a NABOR® operated Site.
Your Representations and Warranties
Each time you provide a Submission to the Sites, you represent and warrant that you have the right to provide such Submission, which means:
You are the author of the Submission, or
The Submission is not protected by copyright law, or
You have express permission from the copyright owner to use the Submission in connection with the Sites; and you have the right to grant NABOR® the license set forth below, and your use of the Site(s) and Submission(s) do not violate the NABOR®’s Terms of Use applicable to the Site(s) to which you post the Submission.
User License Grant to Naples MLS
You grant Naples MLS, its affiliates, and related entities a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, store, publish, transmit, perform, distribute, reproduce any Submissions you provide to the Naples MLS or to NABOR® in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize the Naples MLS to include the Submissions you provide in a searchable format that may be accessed by users of the Sites. You also grant the Naples MLS and its related entities the right to use any of your Personally Identifiable Information (as that term is defined in the applicable Naples MLS Privacy Policy), included with any Submission in connection with the use, reproduction or distribution of such Submission. You also grant to the Naples MLS the right to use the Submission and any facts, ideas, concepts, know-how or techniques contained in any Submission or communication you send to the Naples MLS or NABOR® for any purpose whatsoever, including but not limited to, developing, promoting and/or marketing products and services. You grant all rights described in this paragraph in consideration of your use of the Sites, without compensation of any sort to you. Neither the Naples MLS nor NABOR® claim ownership of any Submissions.
Disclaimer of Responsibility for Material
Neither the Naples MLS nor NABOR® endorse any Submissions, nor do any Submission necessarily represent the views of the Naples MLS or NABOR® or their subsidiaries and affiliates, agents, members, officers or directors. You acknowledge and agree that the Naples MLS does not control all Submissions, and disclaims any responsibility for such Submissions. The Naples MLS and NABOR® specifically disclaim any duty, obligation, or responsibility, to review, screen, refuse to post, remove, or edit any Submissions. In addition, neither the Naples MLS nor NABOR® represent or warrant that any other content or information accessible via the Sites is accurate, complete, reliable, current or error-free. Neither the Naples MLS nor NABOR® assume any responsibility or liability for any errors or omissions in the content of the Sites or in any Submissions.
Review & Removal of Material
The Naples MLS reserves the right (but disclaims any duty, obligation or responsibility) to review, screen, refuse to post, remove in their entirety, or edit (at any time and without prior notice) any Submissions. If you believe any Submission or other content appearing on a MLS of Naples Site infringes upon your rights, you may contact the M.L.S. of Naples, Inc. at cindy@nabor.com or the M.L.S. of Naples. Inc. , 1455 Pine Ridge Road, Naples, Florida 34109 to request removal of such content or Submission; however, the Naples MLS disclaims any duty, obligation or responsibility to comply with such request except as specifically outlined in this paragraph. The Naples MLS also reserves the right (but disclaims any duty, obligation, or responsibility) to refuse to post, remove in their entirety, or edit (at any time and without prior notice) any Submissions on the Sites for any reason or no reason whatsoever, in its absolute and sole discretion.
Digital Millennium Copyright Act (DMCA) Procedure
DMCA Complaints. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under United States Copyright Law. If you believe in good faith that Submissions posted by users of the Naples MLS Sites infringe your copyright, you (or your agent) may send the Naples MLS a notice requesting that the Submission(s) be removed from the Site(s), or access to it be blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Sites are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow NABOR® to locate the Submission(s) on the Sites; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the Submission in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. DMCA Complaints must meet the then current statutory requirements imposed by the DMCA; see https://www.copyright.gov for details. DMCA Complaints concerning materials on the Naples MLS Sites should be sent to the M.L.S. of Naples, Inc. , 1455 Pine Ridge Road, Naples, Florida 34109 ATTN: DMCA Complaint, or send the required information by email to cindy@nabor.com with "DMCA Complaint" in the subject line. Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material on a Naples MLS Site is infringing the copyrights of others. If you are uncertain whether material on a Naples MLS Site is infringing, the Naples MLS and NABOR® recommend seeking advice of an attorney.
DMCA Counter Notices. If the Naples MLS removes or disables access to content in response to a DMCA Complaint, the Naples MLS will make reasonable attempts to contact the owner of the removed or disabled content, or the owner’s agent. If the Naples MLS removed your material pursuant to another person’s DMCA Complaint and you contend that such material does not infringe upon another’s copyright rights, you may provide the Naples MLS with a counter notification by written communication labeled "DMCA Counter Notification" by sending such information to the M.L.S. of Naples, Inc., 1455 Pine Ridge Road, Naples, Florida 34109, or by email to cindy@nabor.com. The DMCA Counter Notification should contain all of the necessary information required by the DMCA, which can be found at https://www.copyright.gov/title17/92chap5.html#512.
