DMCA Notice & Takedown Policy

Reporting alleged copyright infringement

Winchester Realty & Holdings LLC, doing business as Prop-Folio ("we," "us"), complies with the Digital Millennium Copyright Act, 17 U.S.C. § 512 ("DMCA"). If you are a copyright owner (or an agent authorized to act on behalf of one) and you believe that content stored or made available through the Prop-Folio mobile application or the prop-folio.app website (the "Service") infringes your copyright, you may submit a written notice of alleged infringement (a "Takedown Notice") to our designated agent.

Designated agent

Winchester Realty & Holdings LLC dba Prop-Folio
Attn: DMCA Designated Agent
Email: dmca@prop-folio.app
Physical address available on request. Our agent is also registered with the U.S. Copyright Office (Directory of Designated Agents).

Required contents of a Takedown Notice

To be valid under 17 U.S.C. § 512(c)(3), a Takedown Notice must include all of the following:

1. A physical or electronic signature of the copyright owner, or a person authorized to act on the owner's behalf.
2. Identification of the copyrighted work claimed to have been infringed (or, if multiple works are covered by a single notice, a representative list).
3. Identification of the material that is claimed to be infringing, with information reasonably sufficient to permit us to locate it — for example, an in-app screenshot, upload date, and the user account or property identifier where possible.
4. Information reasonably sufficient to permit us to contact you, including 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 the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

Notices that do not include all six items may be treated as invalid and rejected without action.

What happens after we receive a valid notice

We will review the Takedown Notice and, if we determine in good faith that it complies with the DMCA, we will remove or disable access to the identified material and take reasonable steps to notify the user who uploaded or posted it. We may also, in appropriate circumstances, terminate the accounts of users who repeatedly infringe copyright.

Please note: Prop-Folio user-generated content is generally limited to property photographs you or your users upload. If your Takedown Notice concerns a specific uploaded photograph, please include enough detail (property address, upload date if known, or a screenshot) to allow us to identify it.

Counter-notice procedure

If your content was removed under a Takedown Notice and you believe the removal was the result of a mistake or misidentification, you may submit a written counter-notice under 17 U.S.C. § 512(g) to dmca@prop-folio.app. A valid counter-notice must include:

1. Your physical or electronic signature.
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before removal.
3. 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 mistake or misidentification.
4. Your name, mailing address, and telephone number, and a statement that you consent to the jurisdiction of the federal court for the judicial district in which your address is located (or, if outside the United States, for any judicial district in which we may be found), and that you will accept service of process from the person who provided the original Takedown Notice or their agent.

If we receive a valid counter-notice, we may forward it to the original complainant. If the complainant does not notify us within ten (10) business days that they have filed an action seeking a court order to restrain the alleged infringement, we may restore the material.

Repeat infringer policy

We reserve the right, in our sole discretion, to terminate the accounts of users we determine, based on the circumstances, to be repeat infringers of the copyrights of others.

Misrepresentation

Under 17 U.S.C. § 512(f), you may be liable for damages, including costs and attorneys' fees, if you knowingly materially misrepresent that content is infringing or was removed by mistake. Do not submit a Takedown Notice unless you have a genuine, good-faith belief that infringement has occurred.

Not legal advice

This policy is a description of how we handle DMCA notices. It is not legal advice. If you have questions about your rights or obligations under copyright law, please consult a qualified attorney.