smover respects intellectual property rights and complies with the Digital Millennium Copyright Act (DMCA). This policy describes how to submit a copyright takedown notice, how we respond, your right to file a counter-notice, and our policy for terminating repeat infringers.
Designated DMCA Agent
Copyright notices and counter-notices should be sent to smover’s designated DMCA agent. To be effective under 17 U.S.C. § 512(c), notices must include the elements listed below.
- Name: Philip Johnson, Designated DMCA Agent
- Email: dmca@smover.co
- Mailing address: Available on request via the email above.
How to Submit a Takedown Notice
To submit a valid copyright takedown notice under 17 U.S.C. § 512(c)(3), the notice must include all of the following:
- A physical or electronic signature of the copyright owner (or their authorized representative).
- Identification of the copyrighted work claimed to have been infringed (or a representative list if multiple works).
- Identification of the material claimed to be infringing, including its URL on smover, sufficient for us to locate it.
- Contact information for the notifying party (mailing address, phone number, and email).
- A statement that the notifying party has a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law.
- A statement, under penalty of perjury, that the information in the notice is accurate and that the notifying party is the owner (or authorized to act on behalf of the owner) of the copyright at issue.
Send completed notices to dmca@smover.co. Notices missing any required element may be ineffective under the DMCA and may result in delayed response.
Our Response
Upon receipt of a valid notice, smover will: (a) remove or disable access to the allegedly infringing material; (b) notify the user who posted the material, if applicable; and (c) forward the notice to upstream data licensors when the material originated from a licensed feed. For Bright MLS IDX content, takedown notices are forwarded to legalaffairs@brightmls.com within 24 hours of receipt, per our IDX subscription agreement.
Counter-Notice
If you believe material was removed in error, you may submit a counter-notice under 17 U.S.C. § 512(g)(3). A valid counter-notice must include:
- Your physical or electronic signature.
- Identification of the material that was removed and the URL where it appeared before removal.
- A statement, under penalty of perjury, that you have a good-faith belief that the material was removed by mistake or misidentification.
- Your name, address, phone number, and a statement consenting to the jurisdiction of the federal district court for the judicial district in which you reside (or, if outside the U.S., for any judicial district in which smover may be found), and that you will accept service of process from the original notifying party.
After we receive a valid counter-notice, we may restore the removed material in 10 to 14 business days unless the original notifying party files a lawsuit seeking a court order against you.
Repeat Infringer Policy
smover terminates the accounts of users who are determined to be repeat infringers. We consider the totality of circumstances, including the number of valid takedown notices received, in making this determination.
Misrepresentation
Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing, or that material was removed by mistake, may be liable for damages. Please consider consulting an attorney before filing a notice or counter-notice.
Questions? See Privacy Policy, Terms of Service, or contact hello@smover.co.