DMCA Policy

 

THIS COPYRIGHT POLICY CONSTITUTES WATSON REALTY CORP.’S DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") POLICY AND GOVERNS USER GENERATED SUBMISSIONS

Background. Some of the services offered by Watson Realty Corp. on this website and other and related websites and internet domain names (collectively, the “Sites”) allow you and others to post, transmit, display, publish, distribute, or otherwise submit public user generated material and content (collectively "Submissions") to the Sites, including, but not limited to, images, video and other files, 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 products and services of Watson Realty Corp.

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; contains any content that is unlawful or in appropriate as determined by Watson Realty Corp. in its sole and absolute discretion; and/or is not otherwise in compliance with the Terms of Use applicable to a Watson Realty Corp. 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:

  1. You are the author of the Submission or the owner of all copyright and other intellectual property rights therein, or

  2. The Submission is not protected by copyright law, or

  3. You have express permission from the copyright and other intellectual property rights owner to use the Submission in connection with the Sites; and you have the right to grant Watson Realty Corp. the license set forth below, and your use of the Site(s) and Submission(s) do not violate Watson Realty Corp.’s Terms of Use applicable to the Site(s) to which you post the Submission.

User License Grant to Watson Realty Corp. You grant Watson Realty Corp., its affiliates, and related entities a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, create derivative works, display, store, publish, transmit, perform, distribute, reproduce any Submissions you provide to Watson Realty Corp. 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 Watson Realty Corp. to include the Submissions you provide in a searchable format that may be accessed by users of the Sites. You also grant Watson Realty Corp. and its related entities the right to use any of your information, which use is described in the applicable Watson Realty Corp. Privacy Policy, included with any Submission in connection with the use, reproduction or distribution of such Submission. You also grant to Watson Realty Corp. the right to use the Submission and any facts, ideas, concepts, know-how or techniques contained in any Submission or communication you send to Watson Realty Corp. 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. Watson Realty Corp. does not claim ownership of any Submissions.

Disclaimer of Responsibility for Material. Watson Realty Corp. does not endorse any Submissions, nor does any Submission necessarily represent the views of Watson Realty Corp. or their subsidiaries and affiliates, agents, officers or directors. You acknowledge and agree that Watson Realty Corp. does not control all Submissions, and disclaims any responsibility for such Submissions. Watson Realty Corp. specifically disclaims any duty, obligation, or responsibility, to review, screen, refuse to post, remove, or edit any Submissions. In addition, Watson Realty Corp. does not represent or warrant that any other content or information accessible via the Sites is accurate, complete, reliable, current or error-free. Watson Realty Corp. does not assume any responsibility or liability for any errors or omissions in the content of the Sites or in any Submissions.

Review & Removal of Material. Watson Realty Corp. 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. 

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 infringe your copyright, you (or your agent) may send Watson Realty Corp. 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:

  1.  A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  2.  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);

  3.  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, and information reasonably sufficient to allow Watson Realty Corp. to locate the Submission(s);

  4.  The name, address, telephone number and email address (if available) of the complaining party so it may be contacted;

  5.  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

  6.  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 http://www.copyright.gov/ for details.  DMCA Complaints concerning materials on Watson Realty Corp. Sites should be sent to Watson Realty Corp.’s Designated Agent to receive notification:

Watson Realty Corp.
ATTN: DMCA Complaint
7821 Deercreek Club Road
Suite 200
Jacksonville FL 32256,

You may also send the required information by email to customer@watsonrealtycorp.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 Watson Realty Corp. Site is infringing the copyrights of others. If you are uncertain whether material on a Watson Realty Corp. Site is infringing, Watson Realty Corp. recommends seeking advice of an attorney. 

DMCA Counter Notices. If Watson Realty Corp. removes or disables access to content in response to a DMCA Complaint, Watson Realty Corp. will make reasonable attempts to contact the owner of the removed or disabled content, or the owner’s agent.  If Watson Realty Corp. 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 Watson Realty Corp. with a counter-notification containing the following details:

  1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;

  2. Your name, address and telephone number;

  3. A statement that you consent to the jurisdiction of the Federal District Court for judicial district in which your address is located or, if your address is outside of the USA, for any judicial district in which Watson Realty Corp. may be found and that you will accept service of process from the person who submitted a notice in compliance with the section (c)(1)(C) of the DMCA, as generally described above;

  4. A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question; and

  5. Your physical or electronic signature.

You must send this notification to the following address:

Watson Realty Corp.
ATTN: DMCA Counter Notification
7821 Deercreek Club Road
Suite 200
Jacksonville FL 32256,

You may also send the required information by email to customer@watsonrealtycorp.com with "DMCA Counter Notification" in the subject line.

In addition to the foregoing, the DMCA Counter Notification should contain all of the necessary information required by the DMCA, which can be found at http://www.copyright.gov/.  Please note, however, that this is not a substitute for legal advice and you should obtain legal advice to better understand your rights and obligations under the DMCA and applicable laws.