DMCA / Copyright Policy

Effective Date: March 7, 2026

1. Commitment to Intellectual Property Rights

John Schuch ("Company," "we," "us," or "our"), the developer and operator of Listing AutomatEr, respects the intellectual property rights of photographers, real estate professionals, brokerages, listing services, and all other copyright holders. We are committed to complying with the Digital Millennium Copyright Act (17 U.S.C. Section 512) ("DMCA") and other applicable intellectual property laws.

This DMCA / Copyright Policy describes how we address claims of copyright infringement related to content distributed through or facilitated by the Listing AutomatEr application.

2. Nature of Our Service

Listing AutomatEr is a desktop application supported by hosted infrastructure (cloud database and object storage services) that enables real estate agents to manage and distribute listings for marketing purposes. Our service is a tool — users direct all content selection, upload, storage, and distribution activity. John Schuch does not select, upload, curate, or distribute listing content on users' behalf.

Users access listing data through their own brokerage system memberships and make independent decisions regarding which listings to upload to the Service, retain on the Service's hosted infrastructure, and distribute to third-party destinations. Listing data, photographs, and related material uploaded by users are stored on Listing AutomatEr's hosted infrastructure (including managed object storage and managed database services) at the direction of the user, solely for the purpose of providing the Service. This storage arrangement is the type of "Information Residing on Systems or Networks At Direction of Users" addressed by 17 U.S.C. § 512(c), under which Listing AutomatEr operates as a service provider.

Listing AutomatEr does not independently verify users' real estate licensure, brokerage affiliation, listing service membership, or authority to market any specific listing. Users self-attest to these qualifications upon registration and at the time of each posting, and warrant their accuracy. Listing AutomatEr's role is limited to providing software and hosted infrastructure; verification of professional credentials and listing-marketing authority is solely the user's responsibility.

3. User Responsibility and Authorization

3.1 Listing Service Membership Requirement

Users of Listing AutomatEr must maintain a valid, active membership with their applicable listing service(s). Users represent and warrant that they possess current listing service membership at the time of use. Listing AutomatEr relies on user attestation and does not independently verify listing service membership.

3.2 Authorization for Content Distribution

By using Listing AutomatEr to distribute any listing, the user represents and warrants that:

• The user has obtained all necessary rights, licenses, permissions, and authorizations to distribute the listing content, including photographs, descriptions, and any other copyrighted material;
• The distribution of the listing content does not violate the intellectual property rights of any third party, including but not limited to photographers, listing agents, brokerages, or listing service organizations;
• The user's distribution activity complies with all applicable listing service rules and regulations, IDX and/or VOW agreement terms, and the NAR Code of Ethics (including Article 12 and Standard of Practice 12-4);
• Where the listing belongs to another agent or brokerage, the user has obtained prior consent from the listing broker as required by applicable listing service rules and ethical obligations; and
• The user acknowledges that listing photographs are copyrighted works with ownership typically retained by the photographer or the hiring agent/brokerage, and that listing service membership alone may not grant sufficient redistribution rights for all uses.

3.3 No Implied Authorization

Use of Listing AutomatEr does not constitute authorization from John Schuch or any third party to distribute copyrighted content. Authorization must be independently obtained by the user from the applicable rights holders.

4. DMCA Takedown Notification Procedure

If you are a copyright owner, or authorized to act on behalf of one, and you believe that content distributed through or facilitated by Listing AutomatEr infringes your copyright, you may submit a DMCA takedown notification to our Designated Agent.

4.1 Required Elements

To be effective under 17 U.S.C. Section 512(c)(3), your notification must be in writing and include all of the following:

• A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the copyright owner;
• Identification of the copyrighted work(s) claimed to have been infringed. If multiple copyrighted works are covered by a single notification, a representative list of such works;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit John Schuch to identify the material (e.g., the listing address, listing number, specific photograph descriptions, URLs where the material appears, or user account information if known);
• Contact information reasonably sufficient to permit John Schuch to contact you, including your name, mailing address, telephone number, and email address;
• 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; and
• 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.

4.2 Designated Agent Contact Information

DMCA takedown notifications should be sent to:

DMCA Designated Agent
John Schuch
Attn: Copyright Agent
Email: john@listingautomater.com
Subject Line: DMCA Takedown Notification

4.3 Important Note Regarding Good Faith

Under 17 U.S.C. Section 512(f), any person who knowingly materially misrepresents that material is infringing may be subject to liability for damages, including costs and attorneys' fees. Before submitting a DMCA takedown notification, please consider whether the use may constitute fair use or may be otherwise authorized.

5. Response to Takedown Notifications

5.1 Upon Receipt

When we receive a valid DMCA takedown notification that substantially complies with the requirements of Section 512(c)(3), we will:

• Acknowledge receipt of the notification to the complaining party;
• Review the notification for completeness and compliance with statutory requirements;
• Make reasonable efforts to identify the user associated with the allegedly infringing material;
• Notify the user that a takedown notification has been received and provide a copy of the notification or its substantive contents;
• Take appropriate action, which may include requiring the user to remove the identified content, restricting the user's ability to distribute the identified listing or photographs, or suspending the user's access to the service; and
• Act expeditiously upon obtaining knowledge of infringing material.

5.2 Incomplete Notifications

If a notification does not substantially comply with Section 512(c)(3), we may attempt to contact the complaining party to obtain the missing information. A notification that fails to comply substantially with the statutory requirements will not be considered sufficient to confer actual knowledge of infringement.

6. Counter-Notification Procedure

6.1 Right to Counter-Notify

If you are a user of Listing AutomatEr and believe that material attributed to you was removed or disabled as a result of mistake or misidentification, you may submit a counter-notification to our Designated Agent.

6.2 Required Elements

Under 17 U.S.C. Section 512(g)(3), a counter-notification must be in writing and include all of the following:

• Your physical or electronic signature;
• Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access was disabled;
• 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;
• Your name, address, and telephone number; and
• A statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if your address is outside of the United States, the judicial district in which John Schuch is located), and that you will accept service of process from the person who provided the original takedown notification or an agent of such person.

6.3 Counter-Notification Process

Upon receipt of a valid counter-notification, we will:

• Promptly provide a copy of the counter-notification to the original complaining party;
• Inform the complaining party that the removed material will be restored or access will be re-enabled in not less than 10 business days;
• Restore the material or re-enable access within 10 to 14 business days after receipt of the counter-notification, unless we first receive notice from the complaining party that they have filed a court action seeking to restrain the user from engaging in the infringing activity; and
• Notify the user of the restoration or re-enabling of access.

7. Repeat Infringer Policy

John Schuch maintains and reasonably implements a policy for the termination of users who are repeat copyright infringers, in accordance with 17 U.S.C. Section 512(i)(1)(A).

7.1 Strike System

John Schuch operates a three-strike policy:

• First Strike: Upon receipt of a valid DMCA takedown notification regarding a user's content, the user will receive a written warning explaining the infringement claim, the content at issue, and the user's obligations regarding copyright compliance. The user's account will be noted with a first strike.
• Second Strike: Upon receipt of a second valid DMCA takedown notification regarding the same user's content (whether involving the same or different copyrighted works), the user will receive a second written warning. The user's posting capabilities may be temporarily restricted. The user's account will be noted with a second strike.
• Third Strike: Upon receipt of a third valid DMCA takedown notification regarding the same user's content, the user's account will be terminated. The user will be notified of the termination and the basis for it.

7.2 Strike Resolution

A strike may be removed from a user's record if:

• The user successfully submits a valid counter-notification under Section 6 of this Policy, and the original complaining party does not file a court action within the statutory period; or
• The original complaining party withdraws the takedown notification in writing.

7.3 Discretionary Actions

John Schuch reserves the right, in its sole discretion, to:

• Terminate or suspend any user's account at any time for any copyright infringement, regardless of the number of prior strikes, particularly in cases of willful or egregious infringement;
• Decline to restore material or re-enable access where John Schuch has reason to believe the material is infringing, even after receipt of a counter-notification; and
• Modify this repeat infringer policy as necessary to ensure compliance with the DMCA and to protect copyright holders' rights.

8. Standard Technical Measures

John Schuch will accommodate and will not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works, as defined in 17 U.S.C. Section 512(i)(2). Standard technical measures are those that: (a) are developed pursuant to a broad consensus of copyright owners and service providers in an open, fair, voluntary, multi-industry standards process; (b) are available to any person on reasonable and nondiscriminatory terms; and (c) do not impose substantial costs on service providers or substantial burdens on their systems or networks.

9. No Obligation to Monitor

Nothing in this Policy requires John Schuch to monitor its service or affirmatively seek facts indicating infringing activity, except to the extent consistent with a standard technical measure complying with Section 512(i)(2). John Schuch has no obligation to pre-screen, review, or filter content that users choose to distribute through the application.

10. Limitation of Liability Regarding Third-Party Content

John Schuch does not claim ownership of any listing content, photographs, or other copyrighted material that users upload, store, access, or distribute through Listing AutomatEr. All listing content remains the property of the respective copyright holders. John Schuch's role is limited to providing the Service (the desktop application and the supporting hosted infrastructure on which user-directed content is stored); all content selection, retention, and distribution decisions are made by individual users.

11. Designated Agent Registration

John Schuch has registered its Designated Agent with the U.S. Copyright Office through the DMCA Designated Agent Directory (https://www.copyright.gov/dmca-directory/) in accordance with 17 U.S.C. Section 512(c)(2). Registration of a designated agent is a prerequisite to claiming safe harbor protection under Section 512(c).

Registration Number: DMCA-1071951
Effective Date: April 26, 2026
Status: Active
Next Renewal Due: April 26, 2029 (renewal required every three years)

The current designated agent information may be verified at any time via the U.S. Copyright Office's DMCA Designated Agent Directory at https://www.copyright.gov/dmca-directory/. The information published on this page and registered with the Copyright Office is kept current and accurate.

12. Modifications to This Policy

John Schuch reserves the right to modify this DMCA / Copyright Policy at any time. Material changes will be communicated to users through the Listing AutomatEr application or by email. Continued use of the service after modifications constitutes acceptance of the updated policy.

13. Contact Information

For questions about this DMCA / Copyright Policy, or to submit DMCA takedown notifications or counter-notifications:

John Schuch
Attn: DMCA Designated Agent / Copyright Agent
Email: john@listingautomater.com

For general inquiries about Listing AutomatEr:

Email: john@listingautomater.com