DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) POLICY
I. Overview and Statutory Basis
Armada Real Estate, Inc. ("Company") respects the intellectual property rights of others and expects all users of its website, located at ArmadaTeam.com (the "Site"), to do the same. In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), specifically 17 U.S.C. § 512, the Company has adopted the following policy governing the receipt, processing, and response to notices of alleged copyright infringement. The DMCA creates a notice-and-takedown framework that, when followed, provides online service providers with a safe harbor from liability for the infringing content of third parties. The Company's compliance with these procedures is conditioned upon receipt of notices that satisfy all statutory requirements set forth herein.
The DMCA's safe harbor provisions require that the Company: (i) designate a Copyright Agent to receive infringement notices; (ii) expeditiously remove or disable access to material identified as infringing upon receipt of a compliant notice; (iii) notify the user who uploaded the allegedly infringing content of its removal; and (iv) restore removed content if a valid counter-notification is received and no federal court action is initiated within the prescribed period. This Policy sets forth the procedures by which copyright owners, their authorized agents, and users of the Site may exercise their respective rights under the DMCA.
II. Designated Copyright Agent
Pursuant to 17 U.S.C. § 512(c)(2), the Company has designated the following agent to receive notifications of claimed copyright infringement on behalf of the Company (the "Copyright Agent"):
Armada Real Estate, Inc.
Attn: Copyright Agent / DMCA Compliance
2431 First Street
Fort Myers, FL 33901
Office: (239) 788-2738
Email: Hello@ArmadaTeam.com (Subject Line: "Copyright Infringement")
The Company's designated Copyright Agent information has been registered with the United States Copyright Office as required by 17 U.S.C. § 512(c)(2). Notices submitted to any address other than those listed above, or that do not comply with the requirements set forth in Section III of this Policy, may not receive a response and may not qualify for protection under the DMCA's notice-and-takedown framework.
III. Submitting a DMCA Takedown Notice (Infringement Notification)
If you have a good faith belief that copyrighted material in which you hold an ownership interest, or for which you are authorized to act, has been posted to the Site without authorization, you may submit a written notification of claimed infringement to the Company's Copyright Agent. To be effective under 17 U.S.C. § 512(c)(3), your written notification must include all of the following elements:
1. Physical or Electronic Signature. A physical or electronic signature of the copyright owner or a person expressly authorized to act on behalf of the owner of the exclusive right alleged to have been infringed. A typed name at the bottom of a written notice constitutes a valid electronic signature for this purpose.
2. Identification of the Copyrighted Work. A description of the copyrighted work or other intellectual property that you claim has been infringed. If your notification covers multiple copyrighted works on the Site, you may provide a representative list of such works. Where available, include the copyright registration number and the date of registration with the United States Copyright Office, as well as any URL or copy of the original work.
3. Identification of the Infringing Material. A description of the material you claim is infringing or is the subject of infringing activity, and information reasonably sufficient to permit the Company to locate the material on the Site. The most effective way to provide this information is to supply the specific URL or URLs on ArmadaTeam.com where the allegedly infringing material is located. General identification of a page or section of the Site, without a specific URL, may be insufficient to allow the Company to locate and evaluate the reported content.
4. Contact Information. Information sufficient to permit the Company or, where applicable, the alleged infringing party to contact you directly, including your full legal name, mailing address, telephone number, and email address. Please note that your contact information may be disclosed to the party alleged to have posted the infringing content, as permitted under 17 U.S.C. § 512(h), to enable that party to respond appropriately to your claim.
5. Good Faith Statement. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner's agent, or applicable law. Under the DMCA and the decision in Lenz v. Universal Music Corp., 801 F.3d 1126 (9th Cir. 2015), you are required to consider whether the use may constitute fair use under 17 U.S.C. § 107 before asserting that use is unauthorized.
6. Statement Under Penalty of Perjury. A statement, made under penalty of perjury, that the information provided in the notification is accurate, and that you are the copyright owner or are expressly authorized to act on behalf of the copyright owner with respect to the exclusive right alleged to have been infringed.
Failure to include all of the elements listed above may result in your notice being deemed deficient under 17 U.S.C. § 512(c)(3) and may delay or prevent the Company from acting on your claim. The Company reserves the right to request additional information before removing any material identified in a notice.
IV. Company Response to Infringement Notices
Upon receipt of a notice that substantially complies with the requirements of 17 U.S.C. § 512(c)(3), the Company will act expeditiously to remove or disable access to the allegedly infringing material. The Company will also take reasonable steps to notify the user who uploaded or posted the content that the material has been removed or that access to it has been disabled. The Company reserves the right to request supplemental information from the notifying party before acting on a notice where the submitted information is insufficient to permit the Company to identify or locate the allegedly infringing material with reasonable certainty.
The Company's response to a valid infringement notice does not constitute a determination that the identified material is, in fact, infringing. The Company makes no representations regarding the merits of any infringement claim and assumes no liability for its good-faith response to a compliant notice.
V. Repeat Infringer Policy
In accordance with 17 U.S.C. § 512(i), the Company has adopted and reasonably implemented a policy of terminating, in appropriate circumstances, the accounts of users who are found to be repeat infringers. A user may be deemed a repeat infringer where the Company receives multiple valid DMCA notices identifying that user as the uploader of infringing content, or where a user is found to have engaged in a pattern of uploading material without authorization. The Company reserves the right to determine, in its sole discretion, when the circumstances warrant termination of a user's access to the Site.
VI. DMCA Counter-Notification Procedures
If you are a user of the Site and you believe that material you uploaded or posted was removed or disabled as a result of a mistake or misidentification, you may submit a counter-notification to the Company's Copyright Agent pursuant to 17 U.S.C. § 512(g)(3). To be effective, your counter-notification must be submitted in writing and must include all of the following:
1. Physical or Electronic Signature. Your physical or electronic signature.
2. Identification of Removed Material. 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 to it was disabled (e.g., the specific URL on ArmadaTeam.com where it was located).
3. Statement Under Penalty of Perjury. A statement made under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
4. Consent to Jurisdiction. Your full legal name, mailing address, telephone number, and email address, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located, or, if your address is outside the United States, for any judicial district in which the Company may be found, and that you will accept service of process from the person who provided the original infringement notification or an agent of such person.
Upon receipt of a valid counter-notification, the Company will forward a copy of the counter-notification to the original notifying party and will inform that party that the removed material may be restored or re-enabled no sooner than ten (10) business days and no later than fourteen (14) business days following receipt of the counter-notification, unless the Company first receives notice from the original notifying party that it has filed a federal court action seeking a court order to prevent the user from continuing the allegedly infringing activity. If no such court action is timely initiated, the Company may restore the removed material in its discretion.
VII. Misrepresentation and Liability for Abuse
Pursuant to 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity is infringing, or that material was removed or disabled by mistake or misidentification, may be liable for any resulting damages, including costs and attorneys' fees incurred by the alleged infringer, the copyright owner or their licensee, or the Company. Claimants are strongly advised to consult with legal counsel before submitting an infringement notice or counter-notification. The Company will not be liable for any damages arising from its good-faith reliance on a notice or counter-notification that is later determined to contain material misrepresentations.
The Company will not process or act upon notices that are submitted in bad faith, for harassment, competitive interference, or retaliatory purposes, or that otherwise constitute an abuse of the notice-and-takedown process. Such notices may be reported to appropriate authorities and may expose the sender to liability under applicable federal and state law.
VIII. Fair Use and Other Defenses
The DMCA and applicable copyright law recognize that not all uses of copyrighted material constitute infringement. Uses that may qualify as fair use under 17 U.S.C. § 107, or that are otherwise permitted by law, are not actionable under the DMCA. Copyright owners are required, as a matter of law, to consider whether an alleged use constitutes fair use before asserting that such use is unauthorized. The Company encourages all parties to engage in good-faith evaluation of potential fair use and other applicable defenses before initiating or responding to any DMCA claim.
IX. Third-Party Content and Limitation of Liability
The Company may host or facilitate access to content uploaded or posted by third-party users of the Site. The Company does not independently review all such content prior to posting and does not represent that such content is free from infringement. The Company's compliance with the DMCA notice-and-takedown framework is intended to qualify the Company for the safe harbor protections set forth in 17 U.S.C. § 512(c), and nothing in this Policy shall be construed as an admission that the Company has actual or constructive knowledge of any particular infringement, or that the Company has the right or ability to control any infringing activity of third parties using the Site.
The alleged infringing party in any given notice may be a third-party user of the Site rather than the Company itself. Where a submitted notice identifies a third party as the uploader of allegedly infringing content, the Company will make reasonable efforts to notify that party and provide it with an opportunity to respond, in accordance with the procedures set forth in this Policy.
X. Governing Law
This Policy shall be governed by and construed in accordance with the laws of the State of Florida and applicable federal law, including the Digital Millennium Copyright Act, 17 U.S.C. § 512. Any disputes arising from or related to this Policy that are not resolved through the DMCA's notice-and-takedown or counter-notification procedures shall be subject to the governing law and jurisdiction provisions set forth in the Company's Terms of Service.
XI. Updates to This Policy
The Company reserves the right to modify or amend this Policy at any time to reflect changes in applicable law, the Company's operational practices, or the Copyright Agent's contact information. All modifications will become effective upon posting of the revised Policy to the Site with an updated effective date. The Company encourages users to review this Policy periodically. Questions regarding this Policy should be directed to the Copyright Agent at the contact information set forth in Section II above.
XII. Contact Information
All DMCA notices, counter-notifications, and inquiries regarding this Policy should be submitted to:
Armada Real Estate, Inc.
Attn: Copyright Agent / DMCA Compliance
2431 First Street
Fort Myers, FL 33901
Office: (239) 788-2738
Email: Hello@ArmadaTeam.com (Subject Line: "Copyright Infringement")