To file a copyright infringement notification with http://www.flexmls.com send a written communication that includes substantially the following information (please consult your legal counsel or see Section 512(c)(3) of the United States Copyright Act to confirm these requirements):
- Specific identification of the copyrighted work claimed to have been infringed, or, if multiple alleged copyrighted works at the Website are covered by a single notification, list of such works;
- 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, at and on the Website, as well as information reasonably sufficient to permit the Website service provider to locate the affected and protected material. (**Providing URLs in the body of an email is the best way to help us locate content quickly.**);
- Information reasonably sufficient to permit the Website service provider to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
- Include the following statement: in your communication: "I have good faith belief that the use of the copyrighted materials described above and contained on the Website service is not authorized by the copyright owner, its agent, or by protection of law;"
- Also include the following statement: in your communication: "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or I am authorized to act on behalf of the owner of the copyright that is allegedly infringed;" and
- A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.".
Such written notice should be sent to the Website's designated agent as follows:
Fargo-Moorhead Association of REALTORS®
1535 42nd St S #300
Fargo, ND 58103
You may also send the written notice by email to [email protected]
Please note that under Section 512(f) of the United States Copyright Act, any person who knowingly materially misrepresents that material or activity should be removed or disabled by mistake or misidentification may be subject to liability, including costs and attorneys’ fees.
- To file a counter-notification with respect to material, content or activity at or on the Website, you must provide a written communication to us that sets forth the following specific elements and information:
- Identification of the specific material that has been removed or to which access has been disabled;
- Your full name, address, telephone number, and email address;
- The statement: "I consent to the jurisdiction of the Federal District Court for the district in which my address is located, or if my address is outside of the United States, the judicial district in which ___________ is located, and I will accept service of process from the claimant.;" and
- The statement: "I swear under penalty of perjury that I 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."
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such written communication should be sent to our designated agent as follows:
3415 39th Street South
Fargo, ND 58104
You may also send it to us via email at [email protected]
We can only accept a counter-notification directly from the user who originally submitted the allegedly infringing maternal. For verification, we require that counter-notifications be submitted from the email address associated with the original submission.
After we receive a counter notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter notification, it will include your personal information. By submitting a counter notification, you consent to having your information communicated and revealed in this way. We will not forward the counter notification to any party other than the original claimant.
Please understand that filing a counter-notification may lead to legal proceedings between you and the claimant to determine ownership or rights. Also be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation by using
After we send the counter-notification to the original claimant, the claimant will have 10 business days (under currently applicable U.S. law) to reply whether or not the complaintant has filed an action seeking a court order to restrain engagement in infringing activity relating to the material on the Website. If we receive such a reply we will be unable to restore the material to the Website pending such court adjudication. If we do not receive such a reply, we may reinstate the material.
Please note that under Section 512(f) of the United States Copyright Act, any person who knowingly materially misrepresents that material, content or activity was removed or disabled by mistake or misidentification may be subject to liability, including costs and attorneys’ fees.