DMCA Copyright Policy

Better Listing Media LLC (“Better Listing Media,” “we,” “us”) respects the intellectual-property rights of others and complies with the safe-harbor procedures of the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”). This policy describes how to submit a copyright-infringement notice, how a user may submit a counter-notification, and how we treat repeat infringers.

This policy is incorporated into our Terms of Service and is part of your binding agreement with Better Listing Media.

1. Designated copyright agent

Notices alleging copyright infringement on the Platform must be sent to our designated agent:

2. Filing a takedown notice (17 U.S.C. § 512(c)(3))

A valid DMCA notice must include all of the following, in writing, signed (physically or electronically) by you:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed (or, for multiple works, a representative list of such works).
3. Identification of the material that is claimed to be infringing or the subject of the infringing activity, in sufficient detail to permit us to locate it — for our service, please include the public URL, brand subdomain, photographer's business name, job identifier (if known), and the filename or visual description of the specific file.
4. Your name, mailing address, telephone number, and email address.
5. 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.
6. A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the owner's behalf.

Notices that do not substantially comply with the requirements above may be disregarded.

3. Our response to a valid notice

Upon receipt of a substantially compliant notice we will, without limitation:

• act expeditiously to remove or disable access to the allegedly infringing material;
• take reasonable steps to notify the user who uploaded the material (the “uploader”) and provide a copy of the notice;
• document the notice and our response for our records and, where applicable, our repeat-infringer determination (Section 5); and
• where required, reimplement the material upon receipt of a valid counter-notice in accordance with Section 4.

We do not make legal determinations regarding infringement. We act on the basis of facially valid notices and counter-notices.

4. Counter-notification (17 U.S.C. § 512(g))

If you are an uploader and you believe your material was removed or disabled as a result of mistake or misidentification, you may submit a written counter-notice that includes all of the following:

1. Your physical or electronic signature.
2. Identification of the material that was removed or disabled and the location at which it appeared before it was removed or disabled.
3. 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.
4. Your name, address, and telephone number.
5. A statement that you consent to the jurisdiction of the federal court for the judicial district in which your address is located (or, if your address is outside the United States, of any judicial district in which Better Listing Media may be found), and that you will accept service of process from the person who provided the original notice under § 512(c)(1)(C), or from an agent of that person.

Upon receipt of a substantially compliant counter-notice, we will provide a copy to the original complainant and inform that party that we will replace the removed material or cease disabling access to it in not less than 10 and not more than 14 business days following receipt of the counter-notice — unless we first receive notice from the original complainant that they have filed an action seeking a court order to restrain the uploader from engaging in infringing activity related to the material on the Platform.

5. Repeat-infringer policy

In accordance with 17 U.S.C. § 512(i), Better Listing Media has adopted and reasonably implements a policy of terminating, in appropriate circumstances, accounts of users who are repeat infringers.

For purposes of this policy, a “repeat infringer” is any user against whom we have received two (2) or more separate, substantially compliant DMCA notices that are not successfully challenged by counter-notice or otherwise withdrawn. Upon a third (3rd) such notice, we will terminate the user's account, forfeit any remaining platform credits without refund, and bar the user from creating future accounts. We may, at our sole discretion, terminate an account on a first or second notice if the circumstances warrant. Termination determinations are made by our DMCA Agent and are final.

6. Misrepresentation; Section 512(f) liability

Any party who knowingly materially misrepresents that material is infringing, or that material was removed or disabled by mistake or misidentification, may be liable for damages, including costs and attorneys' fees, under 17 U.S.C. § 512(f). Better Listing Media may pursue § 512(f) claims and may share notices and counter-notices with affected parties and with law enforcement where appropriate.

7. International notices

While this policy implements the United States DMCA safe harbor, we will also evaluate copyright complaints arising under other jurisdictions in good faith. Foreign claimants should still submit notices that meet the substantive requirements of Section 2 above, with any additional information required by applicable foreign law.

8. No legal advice

This policy is procedural. Nothing in it constitutes legal advice. You should consult an attorney if you have questions about the merits of a copyright claim, the operation of the DMCA, or your obligations under applicable law.

9. Confidentiality and publication

We may share your notice or counter-notice (including your contact information) with affected users, our processing partners, our counsel, regulators, and any party who is the subject of or otherwise involved in the dispute. We may also publish anonymized or redacted DMCA data in periodic transparency reports.

10. Policy updates

We may update this policy from time to time to reflect changes in our procedures or applicable law. The effective date at the top of this page identifies the most recent revision. Continued use of the Platform after an update constitutes acceptance of the updated policy.