Internal DMCA Statement
This document (the “Policy”) sets forth Nestfully LLC’s (“Nestfully”) internal policies and procedures for responding to claims of copyright infringement at www.nestfully.com and any of Nestfully’s other websites, mobile applications, and online products and services operated by Nestfully (collectively, the “Sites”).
Nestfully’s policy is to respond to notices of alleged copyright infringement (“Notices”) which are in compliance with the DMCA, as reflected in Nestfully’s policy titled Copyright Claims - Digital Millennium Copyright Act (DMCA) Notice, available here (“Notice Procedures”). Upon receipt of a Notice, the Nestfully DMCA Agent (“DMCA Agent”) will review the Notice to confirm that it satisfies the requirements of the Notice Procedures. If not, Nestfully will attempt to communicate the deficiency to the party that submitted the Notice (“Complaining Party”), assuming the Notice includes the Complaining Party’s contact information.
The Notice must substantially include the following:
- Complaining Party's contact information.
- Identification of the copyrighted work(s) claimed to be infringed.
- Identification of the allegedly infringing material.
- A physical or electronic signature of a person authorized to act on the copyright owner's behalf.
- A statement that the Complaining Party has a good faith belief that the infringing material is not authorized by the copyright owner, the copyright owner's agent, or law.
- A statement that the information in the notice is accurate and, under penalty of perjury, that the Complaining Party is authorized to act on behalf of the copyright owner.
Upon receipt of a valid Notice, the DMCA Agent will:
- Capture a record of the allegedly infringing material;
- Expeditiously remove the material in question (there are no prescribed deadlines by law, but the preference is to do so within 24-72 hours );
- Capture a record of the relevant portion of the Sites with the material removed;
- Attempt to inform the user responsible for the material, as well as any related parties in Nestfully’s records, e.g., a real estate professional associated with a listing (collectively, the “Responsible User”);
- Respond to the Complaining Party to communicate the steps that have been taken; and
- Log the Responsible User’s information (to track repeat offenders).
Upon receipt of a counter notification from the Responsible User (“Counter Notice”), the DMCA Agent will review the Counter Notice to confirm that it satisfies the requirements of the Notice Procedures. If not, Nestfully will attempt to communicate the deficiency to the Responsible User.
The Counter Notice must substantially include the following:
- Name, address, telephone number, and physical or electronic signature.
- Identification of the material that was taken down.
- The online location of the material before it was taken down.
- A statement, under penalty of perjury, of good faith belief that the material was taken down due to a mistake or misidentification.
- Consent to the jurisdiction of the appropriate federal district court and to service of process from/on behalf of the Complaining Party.
Upon receipt of a valid Counter Notice, the DMCA Agent will:
- Provide a copy of the Counter Notice to the Complaining Party with notice that the removed material will be restored in 10 business days .
- Restore the removed material within 10 to 14 business days after receiving the Counter Notice, unless the DMCA Agent first receives notice from the Complaining Party that it has filed an action for a court order restraining the Responsible User from engaging in the alleged infringement on the Sites.
The DMCA Agent will keep a record of all Notices and Counter Notices. Users whose content is the subject of three Notices or who refuse to remove material when requested will be barred from use of the Sites.
External DMCA Statement
Copyright Claims - Digital Millennium Copyright Act (DMCA) Notice
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT UNDER THE DMCA
Nestfully, LLC ("Nestfully") respects your intellectual property rights. If you believe your copyrighted work has been reproduced on our websites or services (the "Sites") in a way that constitutes copyright infringement, you may notify our Designated Agent IN WRITING as follows:
Service Provider: Nestfully, LLC
Designated Agent: Danielle Diallo
Address: 9707 Key West Avenue, Suite 300, Rockville, MD 20850
Pursuant to 17 U.S.C. Section 512(c)(3)(A), all notices of claimed copyright infringement ("Notices") must be made in writing and must include the following information:
- Identification of the copyrighted work that you claim has been infringed, or if the claim involves multiple works, a representative list of such works;
- Identification of the material that you claim is infringing, including where it is located on our Sites, so that our Designated Agent can locate it;
- Your name, address, telephone number, and email address;
- A statement that the information provided in the Notice is accurate;
- A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, anyone authorized to act on behalf of the copyright owner, or the law;
- A statement, under penalty of perjury, that you are, or are authorized to act on behalf, of the copyright owner; and
- An electronic or physical signature of the copyright owner or person authorized to act on behalf of the copyright owner.
If you fail to comply with all of the requirements of the DMCA, your Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Sites is infringing, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
COUNTER NOTIFICATION PROCEDURES
When we receive a report of copyright infringement, we may give notice to the user responsible for the allegedly infringing content by means of a general notice on the Sites, email to the user's address in our records, or written communication sent to the user's physical address in our records.
If you receive such a notice, you may provide a counter-notification ("Counter Notice") in writing to the Designated Agent. To be effective, the Counter Notice must be made in writing and include the following information:
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared prior to removal;
- A statement under penalty of perjury by you that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification
- A statement that you consent to the jurisdiction of the federal district court for the judicial district in which your office is located and that you will accept service of process from the complainant or an agent of the complainant;
- Your name, address, and telephone number; and
- Your physical or electronic signature.
Upon receipt of a valid Counter Notice, the DMCA allows Nestfully to restore the removed content if the party filing the original Notice does not file a court action against you within ten (10) business days of receiving notification a Counter-Notice.
Please be aware that if you knowingly materially misrepresent that material on the Sites was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.