This DMCA Designated Agent Policy (“Policy”) describes how Praedium Insights LLC (“Praedium,” “we,” “us,” or “our”) responds to claims of copyright infringement under the Digital Millennium Copyright Act of 1998 (“DMCA”), 17 U.S.C. § 512. This Policy applies to all content uploaded to or transmitted through the Praedium cloud-based real estate platform (the “Services”), including listing photographs, property descriptions, marketing materials, documents, and communications. This Policy is incorporated by reference into our Terms & Conditions, Software as a Service Subscription Agreement, and Acceptable Use Policy.
1.Designated Agent
Praedium has registered the following Designated Agent to receive notifications of claimed copyright infringement under 17 U.S.C. § 512(c)(2):
Designated Agent: Zachary Majka, Praedium Insights LLC
Email: dmca@praediuminsights.com
Postal Address: 1985 McThurstan Ct. Apt 203, St. Charles, IL 60174
Telephone: +1 (630)740-3030
Praedium’s Designated Agent registration is on file with the U.S. Copyright Office and may be viewed at https://dmca.copyright.gov/osp/.
2.Notice of Claimed Infringement
If you believe that material accessible on or through the Services infringes your copyright, you may submit a written notice (“DMCA Notice”) to our Designated Agent. To be effective under 17 U.S.C. § 512(c)(3), your DMCA Notice must include substantially all of the following:
- a. A physical or electronic signature of the copyright owner or a person authorized to act on the owner’s behalf;
- b. Identification of the copyrighted work claimed to have been infringed (or, if multiple works at a single online site are covered by a single notice, a representative list of such works at that site);
- c. 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 disabled, with information reasonably sufficient to permit Praedium to locate the material (URL or listing identifier strongly preferred);
- d. Information reasonably sufficient to permit Praedium to contact you, such as your address, telephone number, and email address;
- e. A statement that you have a good-faith belief that use of the material 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
A template DMCA Notice form is available on request from dmca@praediuminsights.com.
3.Praedium’s Response
Upon receipt of a DMCA Notice that substantially complies with the requirements above, Praedium will:
- a. Promptly remove or disable access to the allegedly infringing material;
- b. Take reasonable steps to notify the user, subscriber, or account holder responsible for the material that the material has been removed or disabled (the “Affected User”);
- c. Forward a copy of the DMCA Notice to the Affected User; and
- d. Maintain a record of the DMCA Notice and Praedium’s response.
For DMCA Notices that do not substantially comply with § 512(c)(3), Praedium may, but is not required to, contact the sender to request the missing information.
4.Counter-Notification
If you are the Affected User and you believe in good faith that material identified in a DMCA Notice was removed or disabled by mistake or misidentification, you may submit a written counter-notification (“Counter-Notice”) to our Designated Agent. To be effective under 17 U.S.C. § 512(g)(3), a Counter-Notice must include substantially all of the following:
- a. Your physical or electronic signature;
- b. 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 access disabled;
- c. 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;
- d. Your name, address, and telephone number; and
- e. A statement that you consent to the jurisdiction of the U.S. District Court for the judicial district in which your address is located (or, if your address is outside the United States, the U.S. District Court for the Northern District of Illinois), and that you will accept service of process from the person who provided the DMCA Notice or that person’s agent.
5.Processing of Counter-Notifications
Upon receipt of a Counter-Notice that substantially complies with the requirements above, Praedium will:
- a. Promptly provide the original complainant with a copy of the Counter-Notice;
- b. Inform the original complainant that Praedium will restore the removed material or cease disabling access to it within 10 to 14 business days unless Praedium receives notice from the complainant that the complainant has filed an action seeking a court order to restrain the Affected User from engaging in infringing activity relating to the material; and
- c. If no such notice is received, restore the material or cease disabling access to it.
6.Repeat Infringer Policy
Praedium maintains a policy of terminating, in appropriate circumstances, the accounts of users who are repeat infringers of copyright. Under this policy:
- a. Praedium tracks DMCA Notices received against each user account and the disposition of each.
- b. A user account that receives three (3) or more substantiated, uncountered DMCA Notices within any twelve (12) month period may be terminated.
- c. A single egregious infringement (such as systematic, large-scale, or commercial-scale copying) may result in termination on the first instance.
- d. Praedium may, in its sole discretion, terminate accounts of users who Praedium believes in good faith are repeat infringers, regardless of the foregoing thresholds.
This policy is in addition to all other remedies available to Praedium under its Acceptable Use Policy and Software as a Service Subscription Agreement.
7.MLS-Licensed Photographs and Content
Customers should note that listing photographs and content received through MLS Grid, Repliers, or other MLS data feeds are licensed under specific terms set by the originating MLS and the broker who took, commissioned, or licensed the photograph. Praedium does not own these works and acts as a conduit for MLS-licensed display. Listing photographs and descriptions are fetched live from the MLS data provider and are not hosted or stored on Praedium’s servers, so Praedium can remove such content only from Praedium-controlled display surfaces; the underlying images remain controlled by the originating MLS and rights holder.
If a copyright owner identifies infringing MLS-derived content, Praedium will promptly remove the content from Praedium-controlled surfaces and may also notify the originating MLS for further investigation. Resolution of underlying ownership disputes between brokers, photographers, and MLS members is a matter for the parties and the applicable MLS.
8.No Legal Advice
Nothing in this Policy is legal advice. If you are unsure whether your use of material is authorized or whether a takedown notice is appropriate, consult a qualified attorney.
9.Changes
We may update this Policy from time to time to reflect changes in law, procedure, or platform capabilities. Material changes will be communicated through the Services or via email.
10.Contact
DMCA matters: dmca@praediuminsights.com
General legal matters: legal@praediuminsights.com
Praedium Insights LLC
https://praediuminsights.com