DMCA

Varden Homes LLC ("Varden," "we," "us," or "our") respects the intellectual property rights of others and expects users of our services to do the same. In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), we will respond expeditiously to claims of copyright infringement committed using our platform.

This policy applies to all content uploaded, posted, or shared through Varden, including but not limited to property photos, listing descriptions, documents, and other materials.

1. Copyright-Protected Content on Varden

Users may upload various types of content to our platform, including:

• Property photographs: Interior and exterior photos of rental properties
• Property descriptions: Written descriptions of properties and amenities
• Documents: Lease agreements, addendums, and other legal documents
• Logos and branding: Property management company logos and materials
• Floor plans: Architectural drawings and layout diagrams
• Marketing materials: Brochures, flyers, and promotional content

All content uploaded to Varden must be owned by the uploader or properly licensed for use. Using copyrighted materials without authorization is a violation of our Terms of Service.

2. Reporting Copyright Infringement

If you believe that content available on or through Varden infringes your copyright, please submit a written notification containing the following information to our Designated DMCA Agent:

1. Identification of the copyrighted work: A description of the copyrighted work you claim has been infringed. If multiple copyrighted works are covered by a single notification, provide a representative list of such works.
2. Identification of the infringing material: Information reasonably sufficient to permit us to locate the material on our platform. Please provide specific URLs, property listing identifiers, or other precise location details.
3. Your contact information: Your full legal name, mailing address, telephone number, and email address.
4. Good faith statement: 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.
5. Accuracy statement: A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
6. Signature: A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.

3. Designated DMCA Agent

Submit DMCA takedown notices to our Designated Agent at:

Important Warning: Under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages, including costs and attorneys' fees incurred by the alleged infringer, the copyright owner or its licensee, or the service provider.

4. Processing of Infringement Notices

Upon receipt of a valid DMCA takedown notice, we will:

• Promptly remove or disable access to the allegedly infringing material
• Notify the user who posted the material that it has been removed
• Provide the user with a copy of the takedown notice
• Inform the user of their right to file a counter-notification
• Maintain records of the takedown for compliance purposes

We aim to process valid takedown notices within 2-5 business days. Notices that are incomplete or do not comply with DMCA requirements may be rejected or delayed.

5. Counter-Notification Procedure

If you believe your content was removed by mistake or misidentification, you may submit a counter-notification containing the following elements:

1. Identification of removed material: Identification of the material that was removed or disabled and the location at which the material appeared before it was removed or disabled.
2. Your contact information: Your full legal name, mailing address, telephone number, and email address.
3. Consent to jurisdiction: A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or the Northern District of California if you reside outside the United States), and that you will accept service of process from the party who submitted the original notification or an agent of such party.
4. Good faith statement: 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 of the material to be removed or disabled.
5. Signature: Your physical or electronic signature.

Submit counter-notifications to our Designated Agent at the address above. Upon receipt of a valid counter-notification, we will forward a copy to the original complaining party. If the original complaining party does not notify us within 10-14 business days that they have filed a court action seeking to restrain the allegedly infringing activity, we may restore the removed content.

6. Safe Harbor and User Responsibility

Varden operates as an online service provider entitled to the safe harbor protections under Section 512 of the DMCA. This means:

• We do not pre-screen user-uploaded content for copyright compliance
• We respond promptly to valid takedown notices
• We maintain a policy for terminating repeat infringers
• We do not interfere with standard technical measures used by copyright owners

Users are solely responsible for ensuring they have the right to upload and share content on our platform. This includes:

• Obtaining proper authorization for property photos taken by others
• Licensing or creating original listing descriptions
• Ensuring uploaded documents do not infringe third-party copyrights
• Not using copyrighted images from real estate listing services without permission

7. Property Photos and Real Estate Content

Property photos and real estate listing content present unique copyright considerations:

Photography Ownership

• The photographer, not the property owner, typically owns the copyright to photographs
• Professional photography contracts should specify licensing terms and transferable rights
• Photos from MLS systems may have separate licensing restrictions
• Stock photos require appropriate licenses for commercial use

Listing Descriptions

• Original listing descriptions are copyrightable creative works
• Copying descriptions from other listings or websites may constitute infringement
• Factual information about properties (square footage, bedrooms) is not copyrightable

Best Practices

• Use only photos you have taken or have explicit permission to use
• Obtain written releases from photographers for all professional photos
• Write original listing descriptions for each property
• Keep records of photo licenses and permissions

8. Repeat Infringer Policy

In accordance with the DMCA and our Terms of Service, Varden has adopted a policy of terminating, in appropriate circumstances, the accounts of users who are deemed to be repeat infringers.

What Constitutes a Repeat Infringer

• Users who receive multiple valid DMCA notices within a 12-month period
• Users who repeatedly post content after receiving takedown notices
• Users who submit counter-notifications in bad faith
• Users who demonstrate a pattern of willful infringement

Consequences

• First offense: Content removal and warning notice
• Second offense: Content removal, warning, and account flagging
• Third offense: Account suspension or termination

We reserve the right to terminate accounts for egregious first-time offenses or to take lesser action based on the circumstances of each case.

9. Third-Party Content and Integrations

Varden may display or integrate content from third-party sources. We are not responsible for copyright compliance of:

• Content from integrated MLS (Multiple Listing Service) feeds
• Third-party mapping or satellite imagery services
• Linked content from external websites
• Content uploaded by third-party property management companies

If you believe third-party content displayed on our platform infringes your copyright, please contact both us and the content source directly.

10. Trademark Notices

While this policy specifically addresses copyright under the DMCA, we also respect trademark rights. If you believe your trademark is being infringed on our platform:

• Contact us at legal@vardenhomes.com with "Trademark Notice" in the subject line
• Provide information about your trademark registration
• Identify the allegedly infringing use on our platform
• Explain how the use constitutes trademark infringement

Trademark concerns will be evaluated separately from DMCA copyright claims but with similar attention to protecting intellectual property rights.

11. International Users

While this policy is based on the U.S. Digital Millennium Copyright Act, we respect intellectual property rights globally. Users and rights holders outside the United States may still submit takedown notices following the procedures outlined above.

For users in the European Union, we also comply with the EU Copyright Directive and related member state implementations regarding online content sharing.

12. Record Keeping

We maintain records of all DMCA-related communications, including:

• Takedown notices received and processed
• Counter-notifications received
• Actions taken in response to notices
• Repeat infringer tracking
• Communications with rights holders

These records are retained for at least 3 years for compliance and legal purposes.

13. Modifications to This Policy

Varden reserves the right to modify this DMCA Policy at any time. Material changes will be communicated through our platform or via email to registered users. Your continued use of the service after changes are posted constitutes acceptance of the modified policy.

14. Contact Information

For questions about this DMCA Policy or intellectual property matters: