DMCA Copyright Policy

PART I — FOUNDATION

Policy Overview & Purpose

PLAIN-LANGUAGE SUMMARY

Prime Partners Group, LLC respects copyright law and has adopted this DMCA Copyright Policy to protect

disputing takedowns, and holding repeat infringers accountable. Copyright owners: use Appendix A to report.

Users who received a takedown: use Appendix B to dispute.

Prime Partners Group, LLC, a Florida limited liability company doing business as 4EstateSale.com

("Company," "Platform," "we," "us," or "our"), is committed to respecting the intellectual property rights of

105-304, codified at 17 U.S.C. §§ 512 et seq. This DMCA Copyright Policy ("Policy") sets forth the procedures,

obligations, and rights of all parties in connection with copyright matters on the Platform.

The 4EstateSale.com Platform is an online advertising marketplace that enables estate sale companies, auction

companies, and individual sellers ("Users") to create and publish sale listings containing photographs, textual

descriptions, logos, and other content. Because Users upload and publish content independently, the Platform

operates as a hosting service and information location tool within the meaning of 17 U.S.C. §§ 512(c) and 512(d).

1.1 Types of Content Covered

This Policy covers all categories of creative content that may be uploaded to or displayed on the Platform,

including without limitation:

Content Type

Examples

Common Infringement Scenario

Photographs & Images

Item photographs, room photos, sale-day

images

Uploading professional

photographer's photos without

license; using stock images without

rights

Textual Descriptions

Item descriptions, sale narratives, condition

reports

Copy-pasting auction house or

competitor descriptions verbatim

Logos & Brand Marks

Company logos, business identity graphics

Using another estate company's

logo; using brand owner's trademark

in listing graphics

Part I — Foundation

www.4estatesale.com

Videos &

Multimedia

Sale preview videos, walkthrough

recordings

Including background music or film clips without a

synchronization license

Artwork &

Illustrations

Images of fine art, prints, posters

Reproducing an artist's work in a listing photo without

authorization from the rights holder

Catalogs &

Publications

Auction catalogs, appraisal

excerpts, reference guides

Scanning and uploading pages from copyrighted reference

materials

Software & Digital

Files

Digital downloads, software

included in an estate

Offering copyrighted software without proper licensing

disclosure

1.2 Purpose of This Policy

This Policy is designed to accomplish four principal objectives:

Legal compliance: Ensure the Company's full compliance with 17 U.S.C. § 512, thereby qualifying for and

maintaining all applicable DMCA safe harbor protections;

Rights protection: Provide copyright owners with a fast, effective, and legally compliant mechanism to

report and obtain removal of infringing content from the Platform;

User fairness: Provide Users with a clear procedure to dispute erroneous or bad-faith takedown notices and

seek restoration of legitimately owned content;

Platform integrity: Maintain a lawful, trustworthy marketplace by enforcing a clear and consistently

applied repeat infringer policy that deters serial copyright abuse.

Definitions

Term

Definition

DMCA

The Digital Millennium Copyright Act of 1998, Pub. L. 105-304, codified principally

at 17 U.S.C. §§ 512, 1201–1205, 1301–1332, and 28 U.S.C. § 4001, as may be

amended from time to time.

Designated DMCA Agent

The individual or department designated by Prime Partners Group, LLC and registered

with the U.S. Copyright Office to receive Takedown Notices under 17 U.S.C. § 512(c)

(2).

Takedown Notice

A written notification submitted to the Designated DMCA Agent by a copyright owner

or authorized agent asserting that content on the Platform infringes the owner's

Counter-Notice

A written notification submitted by a User disputing a Takedown Notice and requesting

restoration of removed content, meeting all requirements of 17 U.S.C. § 512(g)(3).

Part I — Foundation

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Safe Harbor

The limitation on liability for online service providers set forth in 17 U.S.C. § 512, which protects

qualifying service providers from monetary liability for copyright infringement committed by their

users, provided the service provider complies with the DMCA's procedural and substantive

requirements.

Infringement

Strike

A formal finding by the Company that a User has submitted content that infringed a third party's

Counter-Notice) or by the Company's independent determination of infringement.

Repeat

Infringer

A User who has received two or more Infringement Strikes on the Platform within any rolling 24-

month period, or three or more strikes at any time over the account's lifetime.

Complainant

The copyright owner, or an agent authorized in writing to act on the copyright owner's behalf, who

submits a Takedown Notice to the Company.

User Content

Any photograph, image, text, logo, video, audio file, or other material submitted to or published on

the Platform by a User in connection with a sale listing or account profile.

U.S. Copyright

Office

The government agency within the Library of Congress (https://www.copyright.gov) responsible for

administering the copyright laws of the United States, including the registration of Designated DMCA

Agents under 37 C.F.R. § 201.38.

DMCA Safe Harbor — Legal Framework

3.1 Overview of 17 U.S.C. § 512

The Online Copyright Infringement Liability Limitation Act, enacted as Title II of the DMCA (codified at 17

U.S.C. § 512), limits the copyright infringement liability of online service providers ("OSPs") who act in

qualifying capacities. Congress enacted Section 512 to encourage OSPs to take prompt action against infringing

content while shielding them from potentially ruinous monetary liability for infringement committed by their

users over whom they have no direct control.

17 U.S.C. § 512(C) — SAFE HARBOR FOR USER-STORED CONTENT

A service provider shall not be liable for monetary relief for infringement of copyright by reason of the storage at the

direction of a user of material that resides on a system or network controlled or operated by or for the service provider,

provided the service provider: (1) does not have actual knowledge of infringement, or upon obtaining such knowledge,

acts expeditiously to remove or disable access; (2) does not receive a financial benefit directly attributable to the

infringing activity where the service provider has the right and ability to control it; and (3) upon notification of claimed

infringement, responds expeditiously to remove or disable access to the allegedly infringing material.

Part I — Foundation

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3.2 Safe Harbor Conditions — Our Compliance Commitments

To qualify for and maintain DMCA safe harbor protection, Prime Partners Group, LLC is required to satisfy each

of the following conditions on an ongoing basis. This Policy constitutes the Company's affirmative commitment to

satisfy all of them:

Safe Harbor Condition

Company's Compliance Commitment

Designated Agent Registration (17 U.S.C. §

512(c)(2))

The Company has designated and registered a DMCA Agent with the

U.S. Copyright Office in accordance with 37 C.F.R. § 201.38, and

maintains that registration with annual renewals. Agent contact

information is posted on this page and maintained in the Copyright

Office's online directory.

Expeditious Removal (17 U.S.C. § 512(c)(1)

(C))

Upon receipt of a valid Takedown Notice, the Company will act

expeditiously to remove or disable access to the allegedly infringing

content — targeting within 24–48 hours of receiving a complete, valid

notice.

No Actual Knowledge / No Red-Flag

Knowledge (17 U.S.C. § 512(c)(1)(A))

The Company does not pre-screen User Content for copyright

compliance. Upon acquiring actual knowledge or red-flag awareness of

specific infringement, we act expeditiously to remove the content even

absent a formal Takedown Notice.

No Direct Financial Benefit from

Infringement (17 U.S.C. § 512(c)(1)(B))

The Company earns subscription fees for providing advertising services

generally, not for hosting any specific infringing content. The Company

does not financially benefit from specific infringing listings in a way

that gives it the right and ability to control the infringing activity.

Repeat Infringer Policy (17 U.S.C. § 512(i)

(1)(A))

The Company has adopted, reasonably implemented, and notified

subscribers of a policy providing for termination, in appropriate

circumstances, of Users who are repeat copyright infringers. See

Section 11.

Standard Technical Measures (17 U.S.C. §

512(i)(1)(B))

The Company accommodates and does not interfere with standard

technical measures used by copyright owners to identify or protect their

works, as may be adopted by broad consensus in the copyright and

online service provider industries.

Counter-Notice & Putback Procedure (17

U.S.C. § 512(g))

The Company provides a clear Counter-Notice procedure (see Section

9) and restores content following a valid Counter-Notice unless the

Complainant files a lawsuit within the 10–14 business day window.

Part I — Foundation

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3.3 Scope of Safe Harbor Coverage

The Company asserts safe harbor protection under multiple provisions of 17 U.S.C. § 512:

Section 512(c): For content stored at the direction of Users (sale listing photographs, descriptions, logos,

and other content uploaded by Subscribers);

Section 512(d): For information location tools — any search or linking function that directs users to third-

party locations containing potentially infringing material;

Section 512(a): For transitory digital network communications — automatic, temporary copies made in

the routing or transmission of content through our network infrastructure;

Section 512(b): For system caching — intermediate and temporary storage of content for purposes of

improving service efficiency.

Designated DMCA Agent

Copyright Office Registration Notice

Under 17 U.S.C. § 512(c)(2) and 37 C.F.R. § 201.38, online service providers must register a Designated Agent

with the U.S. Copyright Office to qualify for DMCA safe harbor protection. Prime Partners Group, LLC has

registered its Designated DMCA Agent through the Copyright Office's online registration system at

https://www.copyright.gov/dmca-directory/" target="_blank" rel="noopener">https://www.copyright.gov/dmca-directory/. The registration is renewed annually as required by law. Takedown

Notices sent to any address other than those listed below will not trigger the Company's DMCA obligations or

any safe harbor clock.

Official Designated DMCA Agent — Prime Partners Group, LLC

Designated Agent Name: DMCA Agent, Prime Partners Group, LLC

Company / DBA: Prime Partners Group, LLC d/b/a 4EstateSale.com

Email (Preferred): dmca@4estatesale.com

Online Submission: Contact form at https://www.4estatesale.com → "DMCA / Copyright Claim"

Subject Line Required: "DMCA TAKEDOWN NOTICE — [Brief Description of Work]"

Mailing Address (for written notices only):

DMCA Agent — Copyright Matters

Prime Partners Group, LLC

Miami-Dade County, Florida, USA

Copyright Office Directory: https://www.copyright.gov/dmca-directory/" target="_blank" rel="noopener">https://www.copyright.gov/dmca-directory/ (search: "Prime Partners Group" or

"4EstateSale")

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Response Time: Valid Takedown Notices acknowledged within 2 business days; removal within 24–48 hours

of validation

Notices Sent to Other Addresses

A Takedown Notice that is not sent to the Designated DMCA Agent at the addresses listed above is NOT an

effective DMCA notice and does not trigger any of the Company's DMCA obligations, including any obligation

to remove content, provide counter-notice rights, or initiate the putback timeline. Only notices sent to the

Designated DMCA Agent constitute valid DMCA notices under 17 U.S.C. § 512(c)(3). General customer service

emails and contact form submissions using categories other than "DMCA / Copyright Claim" will not be treated

as valid DMCA notices.

Part II — Infringement Reporting

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PART II — INFRINGEMENT REPORTING

What Constitutes Copyright Infringement

5.1 Copyright Basics

works of authorship fixed in any tangible medium of expression. Copyright protection attaches automatically at

the moment of creation and fixation — no registration, notice, or publication is required to establish copyright

ownership, though registration with the U.S. Copyright Office (17 U.S.C. § 411) is a prerequisite to filing a

federal copyright infringement lawsuit for works of U.S. origin and provides significant legal advantages.

5.2 What Constitutes Infringement on This Platform

works from a copyrighted work without the authorization of the copyright owner and without a valid legal defense

(such as fair use). In the context of the Platform, common infringement scenarios include:

Uploading a photograph taken by a professional photographer without obtaining a license to use it in a

commercial sale listing;

Copying the listing description, narrative, or catalog text written by another estate company or auction

house and using it in your own listing;

Including a recording of copyrighted music as a soundtrack in a sale preview video without a

synchronization license;

Reproducing images of fine art, prints, or illustrations in listing photos without authorization from the artist

or rights holder;

Using a competitor's company logo or a brand owner's trademark in your listing graphics without

authorization;

Scanning and uploading pages from copyrighted reference books, auction catalogs, or price guides;

Using stock photography from services such as Getty Images or Shutterstock without a commercial license

that permits use in online sale listings.

5.3 Fair Use — Not All Copying Is Infringement

Not every use of a copyrighted work without authorization constitutes infringement. The doctrine of fair use (17

U.S.C. § 107) permits limited use of copyrighted material without the owner's permission in certain

circumstances. Fair use is evaluated on a case-by-case basis using four statutory factors: (1) the purpose and

character of the use (commercial vs. educational; transformative vs. merely reproductive); (2) the nature of the

copyrighted work; (3) the amount and substantiality of the portion used; and (4) the effect of the use on the

potential market for the original work. See Section 16 for more information on fair use. The Company does not

make fair use determinations on behalf of Users — that determination is the User's responsibility.

Part II — Infringement Reporting

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5.4 What Is NOT Covered by This Policy

This Policy addresses copyright infringement only. It does not govern complaints about:

Trademark infringement: Unauthorized use of brand names, logos, or trade dress — report trademark

issues through the Company's Acceptable Use Policy reporting channel;

Defamation or false statements: Report through the general Contact form;

Privacy violations or unauthorized use of personal photographs: Report through the Privacy Policy or

general Contact form;

Patent infringement: Not addressed by the DMCA or this Policy.

Before You Submit a Takedown Notice

Please verify that: (a) you own the copyright or are authorized in writing to act on the owner's behalf; (b) the

content you are reporting is actually protected by copyright (facts, ideas, common phrases, and unoriginal works

are not copyrightable); (c) the use does not qualify as fair use (see Section 5.3 and 16); and (d) you include ALL

required elements — incomplete notices cannot be processed and will be returned. False notices may expose you

to liability under 17 U.S.C. § 512(f) (see Section 7).

6.1 Statutory Requirements — 17 U.S.C. § 512(c)(3)

To be effective under the DMCA, a Takedown Notice must be a written communication submitted to the

Designated DMCA Agent (see Section 4) and must include substantially all of the following elements:

Physical or electronic signature: A physical signature or a functioning electronic signature (e.g., typing your full name

and including the declaration "I am submitting this notice with my electronic signature" constitutes a valid electronic

signature) of the copyright owner or the owner's authorized agent. A digital signature certificate is not required but is

acceptable.

[1]

Identification of the copyrighted work: Clear identification of the specific copyrighted work or works claimed to

have been infringed. If multiple works at a single online site are covered by a single notification, a representative list

of such works is sufficient. Include the title, author, date of creation, and, if applicable, the copyright registration

number.

[2]

Identification of the infringing material: Identification of the material that is claimed to be infringing or to be the

subject of infringing activity, with information reasonably sufficient to permit the Company to locate the material.

This should include: (a) the specific URL(s) of the Listing page(s) where the infringing material appears; (b) the

Listing ID shown on the Platform (if available); and (c) a description of the specific element (e.g., "the second

photograph in the listing gallery") if the listing contains multiple elements only some of which are infringing.

[3]

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6.2 Substantially Compliant Notices

Under 17 U.S.C. § 512(c)(3)(B), if a Takedown Notice fails to comply with the requirements in items (1) through

(3) above (signature, copyrighted work identification, and infringing material identification), the Company may

notify the Complainant of the deficiency and allow a reasonable opportunity to supplement the notification. The

Company is not required to process substantially non-compliant notices and is not liable for failing to act on

notices that lack the essential elements. Notices lacking only non-material information (e.g., a telephone number

when email contact information is provided) may still be processed at the Company's discretion.

6.3 Where to Send Takedown Notices

Takedown Notices must be directed exclusively to the Designated DMCA Agent using the contact information in

Section 4. The Company strongly prefers email submissions with "DMCA TAKEDOWN NOTICE" in the subject

line for fastest processing. See also Appendix A for the official Takedown Notice template.

6.4 What Happens After a Valid Notice Is Received

Upon receipt of a Takedown Notice that the Company, in its reasonable judgment, determines to be valid and

compliant with 17 U.S.C. § 512(c)(3):

The Company will send an email acknowledgment to the Complainant within two (2) business days of

receipt;

The Company will expeditiously disable access to or remove the identified content, targeting completion

within twenty-four (24) to forty-eight (48) hours of validation of the notice;

The Company will notify the User whose content was removed, providing them with (a) a copy or summary

of the Takedown Notice (redacting the Complainant's contact information if the Company determines this

to be appropriate); (b) an explanation of the counter-notification procedure under Section 9; and (c)

information about the strike recorded against their account;

Contact information of Complainant: Information reasonably sufficient to permit the Company to contact you (the

Complainant), including your full legal name, mailing address, telephone number, and email address. If you are

acting as an authorized agent for the copyright owner, include both your contact information and the owner's name

and contact information.

[4]

Good faith statement: A statement that you have a good faith belief that the use of the material in the manner

complained of is not authorized by the copyright owner, its agent, or the law. This statement must reflect your

genuine belief — filing a notice without a good faith basis may constitute misrepresentation under 17 U.S.C. §

512(f).

[5]

Statement of accuracy and authority under penalty of perjury: 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 the exclusive right

that is allegedly infringed. This is a legally significant declaration — false statements made under penalty of perjury

may result in criminal prosecution under 18 U.S.C. § 1621 in addition to civil liability under 17 U.S.C. § 512(f).

[6]

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The Company will preserve a copy of the removed content in a secure, non-public archive for the purpose

of potential legal proceedings, for a period of no less than one (1) year from the date of removal;

The Company will record the Infringement Strike in the User's account history in accordance with the

repeat infringer tracking procedures described in Section 11.

Misrepresentation & False Claims — 17 U.S.C. § 512(f)

Statutory Warning — False DMCA Notices Carry Civil and Criminal Liability

Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents: (a) that material is infringing, or

(b) that material was removed by mistake or misidentification, is liable for any damages, including costs and

attorneys' fees, incurred by the alleged infringer, the copyright owner, the OSP, or a license holder who is injured

by such misrepresentation. Additionally, false declarations made under penalty of perjury may constitute criminal

perjury under 18 U.S.C. § 1621. The Company will vigorously defend against, and may pursue counterclaims

arising from, bad-faith Takedown Notices.

7.1 What Constitutes a False or Abusive Takedown Notice

A Takedown Notice may constitute a material misrepresentation actionable under 17 U.S.C. § 512(f) if the

Complainant:

Does not actually own the copyright in the identified work;

Is not authorized to act on behalf of the copyright owner;

Knows or should know that the use complained of is a fair use or is otherwise legally authorized;

Files the notice to suppress legitimate speech, silence a competitor, or harass a user, rather than to address

a genuine copyright concern;

Identifies material as infringing when the Complainant cannot in good faith believe it infringes;

Files notices against content the Complainant does not own and has no connection to.

7.2 The Company's Response to Bad-Faith Notices

The Company reserves the right to:

Decline to process a notice that, on its face, appears to be filed in bad faith, without a genuine copyright

basis, or as an abuse of the DMCA process;

Restore content that was removed in response to a notice subsequently determined to be made in bad faith;

Terminate the DMCA notice submission privileges of Complainants who file systematic abusive or false

notices;

Share the Complainant's notice and contact information with the affected User as appropriate to enable the

User to pursue a Section 512(f) claim;

Seek recovery of its own legal fees and costs from a Complainant who files a materially false notice.

Part II — Infringement Reporting

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7.3 Similarly — False Counter-Notices

The same misrepresentation liability applies symmetrically to Counter-Notices. A User who files a Counter-Notice

knowing that the material was in fact removed for copyright infringement, or who falsely declares a good faith

belief that the removal was made by mistake, may be liable to the original Complainant for damages and

attorneys' fees under 17 U.S.C. § 512(f). Both parties in the DMCA process are subject to the accuracy and good

faith requirements.

Part III — Takedown & Restoration

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PART III — TAKEDOWN & RESTORATION

Takedown Procedure & Timeline

8.1 Processing Workflow

Stage

Target Timeline

Description

Receipt & Logging

Day 0

Takedown Notice received by Designated DMCA Agent. Notice is

timestamped, assigned a case reference number, and logged in the

Company's DMCA tracking system. An auto-acknowledgment email is

sent to the Complainant's email address.

Initial Review

Within 4 business

hours of receipt

during business

hours; within 8

hours on

evenings/weekends

The DMCA team reviews the notice for the six required elements

under 17 U.S.C. § 512(c)(3). If deficient, a deficiency notice is sent to

the Complainant identifying the missing elements. If the notice is

substantially compliant, it proceeds to validation.

Validation

Within 2 business

days

The DMCA team verifies that: (a) the identified URL/Listing exists on

the Platform; (b) the identified content is plausibly what is described in

the notice; and (c) there is no obvious legal defense (e.g., the content

appears to be the User's own original photograph). A substantive

acknowledgment is sent to the Complainant confirming processing.

Content Removal

Within 24–48

hours of validation

The identified content (specific photograph, text element, or entire

listing as appropriate) is disabled from public view on the Platform.

The content is archived in a secure, non-public location. Removal is

confirmed to the Complainant by email.

User Notification

Within 24 hours of

content removal

The User whose content was removed is notified by email to their

account email address. The notification includes: a description of the

removed content; a summary of the Takedown Notice; an explanation

of the counter-notification procedure; the Infringement Strike count on

their account; and a warning about the repeat infringer policy.

Infringement Strike

Recorded

Concurrent with

User notification

One Infringement Strike is recorded against the User's account in the

DMCA tracking system. The strike record includes the date, the case

reference number, the Complainant's name, the infringing content

description, and the User's account ID. See Section 11.

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Counter-Notice

Window Opens

Upon User

notification

The User has 14 calendar days from receipt of the User Notification to

submit a valid Counter-Notice. See Section 9.

8.2 Partial Versus Complete Removal

Where a Takedown Notice identifies only a specific element of a Listing (e.g., one photograph out of ten), the

Company will, wherever technically feasible, remove only the identified element rather than the entire Listing.

Where the identified infringing content is so integral to the Listing that its removal leaves the Listing incomplete,

misleading, or non-functional, the Company may, in its discretion, remove the entire Listing and notify the User

accordingly.

8.3 Preservation of Removed Content

In accordance with the good-faith cooperation principles underlying the DMCA, the Company will preserve an

archived copy of removed content for a minimum of one (1) year following removal. Preserved copies will be

made available to parties in litigation pursuant to valid legal process (subpoena, court order, or civil investigative

demand). Preservation is maintained solely for legal purposes and does not constitute any representation regarding

the content's legality, ownership, or copyright status.

8.4 No Liability for Good-Faith Removals

Under 17 U.S.C. § 512(g)(1), the Company — and its members, managers, officers, employees, and agents —

shall not be liable to any person for any claim based upon a good-faith disabling of access to, or removal of,

material or activity claimed to be infringing or based on facts or circumstances from which infringing activity is

apparent, regardless of whether the material is ultimately determined to be infringing. You acknowledge and agree

that the Company's removal of content pursuant to a Takedown Notice — even if the Takedown Notice is

subsequently determined to have been erroneous — does not give rise to any liability on the Company's part,

provided the Company acted in good faith.

Counter-Notification Procedure

YOUR RIGHT TO DISPUTE A TAKEDOWN

If your content was removed in response to a Takedown Notice and you believe the removal was made in error

— for example, because you own or have a license to the content, because the use constitutes fair use, or because

the Complainant made a mistake — you have the right to submit a Counter-Notice under 17 U.S.C. § 512(g). A

valid Counter-Notice initiates a legally defined process that may result in restoration of your content within 10–

14 business days unless the Complainant files a lawsuit.

9.1 When to Submit a Counter-Notice

Submit a Counter-Notice if you genuinely believe that:

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The removed content was your own original work and does not infringe anyone's copyright;

You have a valid license, written permission, or other legal authorization from the copyright owner to use

the content;

The content was identified in error — e.g., the Takedown Notice misidentified the material or the wrong

listing was targeted;

The use of the content clearly qualifies as fair use under 17 U.S.C. § 107;

The claimed copyright in the identified material has expired or is invalid.

Do Not Submit a Counter-Notice If:

You know that the content infringes someone else's copyright — a false Counter-Notice exposes you to

liability under 17 U.S.C. § 512(f);

You are hoping to "buy time" — the Counter-Notice process is a legal proceeding, not a delay

mechanism;

You plan to immediately re-upload the same content — re-uploading content removed pursuant to a valid

DMCA notice is an Infringement Strike violation and may result in accelerated enforcement action.

9.2 Statutory Requirements — 17 U.S.C. § 512(g)(3)

To be effective under the DMCA, a Counter-Notice must be a written communication submitted to the Designated

DMCA Agent and must substantially include all of the following elements:

Physical or electronic signature: Your physical signature or a functioning electronic signature. The Counter-Notice

must be signed by you as the User (or, for a business account, by an authorized officer or representative of the

business).

[1]

Identification of removed material and its prior location: A description of the material that was removed or to which

access was disabled, and the location at which the material appeared on the Platform before it was removed. Include

the Listing URL (if you still have it), the Listing ID, and a description of the specific content element that was

removed.

[2]

Good faith statement of mistake or misidentification: 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. Specify the basis for your belief (e.g., "I am the original photographer who took this

photograph," or "I have a license from [Licensor] dated [Date] to use this image commercially").

[3]

Basis for your claim: A concise explanation of why you believe the removal was in error, including any documentation

you can provide (e.g., license agreements, copyright registrations, timestamps of original creation).

[4]

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, if your address is outside the United States, for any judicial district in

which the service provider may be found. For this purpose, the applicable court is the U.S. District Court for the

Southern District of Florida, Miami Division, consistent with the Company's governing law provisions.

[5]

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9.3 Submission Deadline

Counter-Notices must be submitted to the Designated DMCA Agent within fourteen (14) calendar days of the

date of the User Notification of content removal. Counter-Notices submitted after this deadline will not be

processed under the DMCA's counter-notice and putback procedures, though the Company may, in its sole

discretion, consider late-filed counter-notices on a case-by-case basis. The 14-day period runs from the date of the

User Notification email, not from the date of removal. See also Appendix B for the official Counter-Notice

template.

9.4 Incomplete Counter-Notices

A Counter-Notice that is missing any of the elements in Section 9.2 will be treated as deficient. The Company will

notify you of the deficiency and allow a reasonable time (not less than five business days) to supplement your

Counter-Notice with the missing elements. A deficient Counter-Notice does not restart the 14-day submission

deadline.

Content Restoration Procedure

10.1 Forwarding the Counter-Notice to the Complainant

Upon receipt of a Counter-Notice that the Company, in its reasonable judgment, determines to be valid and

compliant with 17 U.S.C. § 512(g)(3):

The Company will promptly send a copy of the Counter-Notice to the Complainant who submitted the

original Takedown Notice, using the contact information provided in the Takedown Notice;

The Company will inform the Complainant that it will restore the removed content in 10 to 14 business

days unless the Complainant notifies the Company that it has filed a legal action seeking a court order to

restrain the User from engaging in infringing activity with respect to the material;

The Company will simultaneously acknowledge receipt of the Counter-Notice to the User.

10.2 The Waiting Period — 10 to 14 Business Days

Following the forwarding of the Counter-Notice to the Complainant, the Company will observe a waiting period

of ten (10) to fourteen (14) business days as required by 17 U.S.C. § 512(g)(2)(C). During this waiting period:

The removed content will remain disabled on the Platform;

The Complainant has the opportunity to file a lawsuit in federal court seeking an injunction against the

User;

Agreement to accept service of process: A statement that you will accept service of process from the Complainant (or

the Complainant's agent) who submitted the original Takedown Notice.

[6]

Your contact information: Your full name, mailing address, telephone number, and email address.

[7]

Part III — Takedown & Restoration

www.4estatesale.com

The User may not re-upload the same or substantially similar content during the waiting period.

Why 10–14 Business Days?

Congress established this waiting period to give the Complainant time to seek emergency judicial relief if they

believe the Counter-Notice was filed in bad faith or that the underlying infringement is so serious as to warrant

immediate court action. The 10-to-14-business-day window (not calendar days) is specified by statute. The

Company targets the lower end (10 business days) for standard cases and the upper end (14 business days) for

complex or disputed cases.

10.3 Restoration of Content

If, after the 10–14 business day waiting period, the Company has not received notification from the Complainant

that: (a) the Complainant has filed a lawsuit; (b) a court has issued an order restraining the User from engaging in

infringing activity; or (c) the Complainant is otherwise pursuing legal action, then:

The Company will restore the removed content to the Platform, or provide the User with the means to

restore it through their account;

The Infringement Strike recorded against the User's account for this specific incident will be annotated as

"Counter-Notice Filed — Restored" in the DMCA tracking system, though it will not be removed from the

strike record;

The Company will notify both the User (that content has been restored) and the Complainant (that content

has been restored pursuant to the DMCA's counter-notice procedure) by email.

10.4 No Restoration in Certain Circumstances

Notwithstanding the foregoing, the Company retains absolute discretion not to restore content if:

The Complainant has notified the Company of a filed lawsuit or pending court order;

The Company independently determines that the content is clearly infringing, regardless of the Counter-

Notice;

The content violates the Company's Acceptable Use Policy on grounds independent of copyright;

The Court has issued an injunction or temporary restraining order;

The User has been terminated as a Repeat Infringer under Section 11.

10.5 No Liability for Restoration

Under 17 U.S.C. § 512(g)(1), the Company shall not be liable to any person for any claim based upon a good-faith

restoration of content following the receipt of a Counter-Notice and the expiration of the statutory waiting period,

provided no court order was in effect at the time of restoration.

Part IV — Repeat Infringer Policy

www.4estatesale.com

PART IV — REPEAT INFRINGER POLICY

Repeat Infringer Policy — Three-Strike System

DMCA SAFE HARBOR REQUIREMENT — MANDATORY POLICY

17 U.S.C. § 512(i)(1)(A) requires that, to qualify for DMCA safe harbor protection, a service

provider must have "adopted and reasonably implemented, and informed subscribers and account

holders of the service provider's system or network of, a policy that provides for the termination in

appropriate circumstances of subscribers and account holders of the service provider's system or

network who are repeat infringers." The following Three-Strike Policy is Prime Partners Group,

LLC's implementation of this statutory requirement. Compliance with this policy is MANDATORY

for maintenance of DMCA safe harbor status.

11.1 What Constitutes an Infringement Strike

An Infringement Strike is recorded against a User's account upon any of the following:

The Company's receipt and validation of a Takedown Notice identifying User Content as infringing, where

the User does not file a timely Counter-Notice;

The Company's receipt and validation of a Takedown Notice, followed by a Counter-Notice that does not

result in restoration (i.e., the Complainant files a lawsuit or obtains a court order);

The Company's independent determination — based on clear and obvious facts — that specific User

Content infringes a third party's copyright, even absent a formal Takedown Notice;

A judicial finding or consent decree establishing that User Content on the Platform infringed a third party's

A Takedown Notice that results in a successful Counter-Notice and content restoration (i.e., the Complainant did

not file suit) will be annotated but will not be deleted from the strike record — however, the Company, in its

discretion, may give reduced weight to such annotated strikes in the repeat infringer calculus.

Part IV — Repeat Infringer Policy

www.4estatesale.com

11.2 Three-Strike System — Tiers and Consequences

Strike 1 — Formal Warning & Content Removal

When Applied: Upon validation of the first Infringement Strike against the User's account, whether resulting from a

Takedown Notice or the Company's independent determination.

Actions Taken:

The identified infringing content is removed or disabled from the Platform (see Section 8).
The User receives a formal written warning by email to their account email address, including: (a) identification of the

removed content; (b) a summary of the copyright complaint; (c) a clear statement that this constitutes Strike 1 of 3 under

the Repeat Infringer Policy; (d) instructions for submitting a Counter-Notice if the User believes removal was in error;

and (e) a warning that a second strike within 24 months will result in a 30-day suspension.

The Strike is recorded in the DMCA tracking system with date, Complainant, and content description.

Account Status: Account remains active. All other listings continue to be published.

Duration of Effect: Strike 1 remains active in the system for a 24-month rolling period.

Strike 2 — Account Suspension (30 Days)

When Applied: Upon validation of a second Infringement Strike against the User's account within any rolling 24-month

period measured from the date of Strike 1.

Actions Taken:

All active Sale Listings are immediately unpublished and removed from public view.
The User's account is suspended for a period of thirty (30) calendar days from the date of the Strike 2 notification.
The User receives a formal Strike 2 notification by email including: (a) identification of the infringing content giving

rise to Strike 2; (b) a clear statement of the 30-day suspension period and its start and end dates; (c) a warning that a

third strike at any time in the account's lifetime will result in permanent termination with no refund; and (d) a reminder

of the Counter-Notice procedure.

During suspension, the User may not publish new listings, edit existing listings, or otherwise use subscription features,

though they may access their account in read-only mode to retrieve information.

Subscription Fees During Suspension: Subscription fees continue to accrue during the 30-day suspension. No refund

or credit is issued for the suspended period — the suspension is a consequence of the User's own conduct, not a service

interruption.

Account Status After 30 Days: Account is automatically reactivated at the end of the 30-day suspension period. The

User is notified by email of reactivation.

Part IV — Repeat Infringer Policy

www.4estatesale.com

Strike 3 — Permanent Account Termination (No Refund)

When Applied: Upon validation of a third Infringement Strike against the User's account at any time over the account's

lifetime. The third strike is not subject to the 24-month rolling window — it is cumulative over the entire account

history.

Actions Taken:

All active Sale Listings are immediately and permanently removed from the Platform.
The User's account is permanently terminated.
All subscription services are immediately cancelled. No further charges are made on the User's payment method.
The User is permanently banned from creating a new account on the Platform under any name, email address, or

payment method.

The User receives a Strike 3 / Termination notice by email including: (a) identification of the Strike 3 infringing

content; (b) confirmation that the account has been permanently terminated; (c) the forfeiture of all prepaid subscription

fees; and (d) information about the right to submit a Counter-Notice (which will not restore the account but may affect

the Company's future cooperation with the Complainant).

No Refund: ALL SUBSCRIPTION FEES PAID UP TO AND INCLUDING THE BILLING PERIOD IN WHICH

TERMINATION OCCURS ARE FORFEITED. THE COMPANY DOES NOT ISSUE REFUNDS TO ACCOUNTS

TERMINATED FOR REPEAT COPYRIGHT INFRINGEMENT. This is consistent with the Refund and Cancellation

Policy and is a necessary consequence of the User's serial copyright violations.

Law Enforcement Referral: For Strike 3 cases involving significant or willful infringement, the Company reserves the

right to refer the matter to the U.S. Copyright Office, the FBI's Internet Crime Complaint Center (IC3), and/or the

content owner for further legal action.

11.3 Accelerated Termination — No Strikes Required

Notwithstanding the three-strike framework above, the Company reserves the right to immediately terminate any

account, without prior warning and without progressing through the three-strike system, upon the occurrence of

any of the following:

A single incident involving willful, large-scale, or commercially motivated copyright infringement — e.g.,

a User who systematically uploads hundreds of infringing photographs taken by professional

photographers, or who operates the account primarily to distribute infringing content;

A court order or judicial finding of copyright infringement against the User;

A consent decree or settlement agreement between the User and a copyright owner that includes terms

restricting the User's use of the Platform;

A finding that the User has engaged in copyright infringement coupled with other Platform policy

violations (e.g., fraud or impersonation);

Any infringement involving the exploitation of minors' images, artistic works, or other especially sensitive

copyrighted content.

Part IV — Repeat Infringer Policy

www.4estatesale.com

11.4 Tracking System

The Company maintains a DMCA Infringement Tracking System — a secure, internally maintained database —

that records the following information for each Infringement Strike:

User account ID and email address;

Case reference number;

Date and time of Takedown Notice receipt;

Date of content removal;

Complainant's name (not publicly disclosed);

Description of infringing content;

Strike number (1, 2, or 3);

Whether a Counter-Notice was filed and its outcome;

Whether content was restored and the date of restoration;

Account action taken (warning, suspension, termination);

Date of notification to User;

Notes from the DMCA review team.

Records in the Tracking System are retained for a minimum of seven (7) years from the date of each entry to

support potential legal proceedings, regulatory inquiries, and the Company's ongoing DMCA safe harbor

compliance documentation.

11.5 Strike Appeal Process

A User who believes that an Infringement Strike was recorded in error — for example, because the Takedown

Notice was invalid, the content was misidentified, or the User had a valid license — may appeal the strike by:

Submitting a written appeal to the Designated DMCA Agent at dmca@4estatesale.com within thirty (30)

calendar days of the strike notification, with the subject line "DMCA STRIKE APPEAL — [Case

Reference Number]";

The appeal must clearly identify the case reference number, the specific basis for the appeal, and any

supporting documentation (e.g., license agreements, original creation files with metadata);

The Company's DMCA team will review the appeal within fifteen (15) business days and issue a written

determination;

If the appeal is sustained, the strike will be removed from the User's record and any account action taken

based solely on that strike will be reversed;

The appeal determination is final. There is no further internal appeal.

Part V — User Obligations

www.4estatesale.com

PART V — USER OBLIGATIONS

User Content Warranties & License Grant

12.1 Representations and Warranties

By uploading, submitting, or publishing any content to the Platform — including any photograph, image, text,

logo, video, or other creative material — each User unconditionally represents and warrants to the Company and

to all third parties that:

Original authorship or valid license: The User is either (a) the sole, original author and owner of all

copyrighted work; or (b) the holder of a valid, current, enforceable license, assignment, or other written

authorization from the copyright owner that expressly permits the User to reproduce and publicly display

the content in online commercial sale listings of the type published on the Platform;

No infringement: The content, as submitted, does not and will not infringe, misappropriate, or violate the

personal right of any third party;

No third-party restrictions: There are no pending or threatened claims, litigation, or legal proceedings by

any third party relating to the copyright in the content; no court order, injunction, or other legal restriction

prevents the User from publishing the content;

Photographer authorization: Where content includes photographs taken by a professional photographer or

other third-party creator, the User has obtained a written license from that photographer permitting

commercial use of the photographs in online advertising of the type represented by Platform listings;

Model releases: Where content includes photographs or videos in which identifiable persons appear, the

User has obtained all necessary model releases or written consents from those persons permitting the use of

their likeness in the content;

Music and audio: Where content includes music, sound effects, or other audio material, the User has

obtained all necessary synchronization licenses, master use licenses, and public performance rights

authorizations from the applicable rights holders;

Public domain: Where the User relies on the content being in the public domain, the User has conducted a

reasonable investigation confirming that the copyright in the content has expired or was never established,

and is not relying on an erroneous or unconfirmed assumption of public domain status.

12.2 License Grant to the Platform

By submitting content to the Platform, each User grants Prime Partners Group, LLC a non-exclusive, royalty-free,

worldwide, sublicensable license to:

Part V — User Obligations

www.4estatesale.com

Host, store, reproduce, display, distribute, and make available the content through the Platform and any

third-party distribution partnerships (including search engine indexing, RSS feeds, and aggregator

services);

Create thumbnail images, previews, and excerpts of the content for use in Platform search results and

promotional communications;

Use the content in the Company's marketing materials, email communications, social media, and press

materials for the purpose of promoting the Platform — subject to any opt-out right provided in the

Acceptable Use Policy;

Preserve, archive, and retain the content in accordance with the Company's data retention policies and

legal obligations;

Produce derivative works (such as cropping, resizing, or format-converting) to the extent necessary for

technical hosting and display purposes.

This license: (a) does not transfer any copyright ownership from the User to the Company; (b) does not grant the

Company the right to sell the User's content to third parties for their independent use; and (c) terminates upon the

User's cancellation of their account, except to the extent the Company has a legitimate need to retain a copy for

legal compliance, archival, or enforcement purposes.

12.3 Consequences of Warranty Breach

A breach of any warranty in Section 12.1 — for example, uploading a photograph taken by a professional

photographer without a license — constitutes: (a) an Acceptable Use Policy violation; (b) grounds for an

Infringement Strike under Section 11; (c) a trigger for the indemnification obligations in Section 13; and (d)

grounds for account suspension or termination under Section 11, depending on the severity and pattern of the

breach.

User Responsibilities & Indemnification

13.1 User Responsibility for Copyright Compliance

Each User is solely and exclusively responsible for ensuring that all content they upload, publish, or submit to the

Platform complies with all applicable copyright laws. The Company provides no copyright clearance services,

does not review User Content for copyright compliance prior to publication, and does not assume any

responsibility for the copyright status of User-submitted content. Users who are uncertain whether content is

subject to copyright protection, or whether their use of such content is authorized, are strongly encouraged to

consult with a qualified intellectual property attorney before uploading the content.

13.2 Obtaining Rights and Permissions

Users are solely responsible for:

Part V — User Obligations

www.4estatesale.com

Obtaining and maintaining all licenses, permissions, releases, and authorizations necessary to publish their

content on the Platform;

Keeping records of all such licenses and authorizations in a form that can be produced as documentary

evidence in the event of a copyright dispute;

Monitoring the continued validity of licenses (e.g., ensuring that limited-term licenses are renewed before

expiration);

Ceasing use of any content if they become aware that their license or authorization has been revoked or has

expired.

13.3 Indemnification

To the fullest extent permitted by applicable law, each User agrees to defend, indemnify, and hold harmless

Prime Partners Group, LLC and its members, managers, officers, employees, agents, successors, and assigns

(collectively, the "Indemnified Parties") from and against any and all claims, demands, actions, proceedings,

judgments, settlements, damages, losses, liabilities, penalties, fines, costs, and expenses — including reasonable

attorneys' fees, expert witness fees, and court costs — arising out of or related to:

Any allegation or finding that any content submitted by the User to the Platform infringes the copyright,

trademark, trade secret, or other intellectual property right of any third party;

Any breach by the User of the warranties set forth in Section 12.1;
Any Takedown Notice received by the Company in connection with the User's content, including the

Company's costs of processing the notice, removing the content, and managing the resulting DMCA

process;

Any claim by a Complainant that the Company failed to remove infringing content uploaded by the User

promptly enough or that the User re-uploaded previously removed infringing content;

Any false Counter-Notice submitted by the User that results in a Section 512(f) claim against the Company;
Any legal action brought by a copyright owner against the Company arising from the User's infringing

content, including any judgment, award, or settlement amount;

The Company's costs incurred in asserting its DMCA safe harbor defense in connection with the User's

infringing content;

Any claim arising from the User's unauthorized use of third-party music, video, or other content in

connection with the Platform.

The Company reserves the right to assume the exclusive defense and control of any matter subject to

indemnification by a User, at the User's expense, in which case the User agrees to cooperate fully with the

Company's defense. The User may not settle any indemnifiable claim without the Company's prior written

consent.

Part VI — Platform Rights

www.4estatesale.com

PART VI — PLATFORM RIGHTS

Platform Rights & Limitations of Liability

14.1 Right to Remove Any Content

In addition to its obligations under the DMCA, the Company reserves the absolute right, exercisable in its sole

discretion at any time without prior notice, to remove, disable access to, or refuse to publish any User Content for

any reason — including:

Belief that the content infringes any third party's copyright or other intellectual property right, regardless of

whether a formal Takedown Notice has been received;

Receipt of a credible complaint from a copyright owner through any channel, even if the complaint does

not meet all formal DMCA requirements;

The Company's determination that the content violates the Acceptable Use Policy on grounds other than

A court order, regulatory directive, or law enforcement request;

The Company's reasonable concern that hosting the content may expose the Company to legal liability,

reputational harm, or regulatory consequences.

14.2 No Liability for User Copyright Infringement

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRIME PARTNERS GROUP, LLC IS

NOT RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, LOSSES, OR LIABILITIES ARISING

FROM COPYRIGHT INFRINGEMENT COMMITTED BY PLATFORM USERS IN CONNECTION WITH

CONTENT THEY UPLOAD OR PUBLISH ON THE PLATFORM, PROVIDED THAT THE COMPANY

COMPLIES WITH ITS DMCA OBLIGATIONS AS SET FORTH IN THIS POLICY. THE COMPANY'S

LIMITATION OF LIABILITY IS GOVERNED BY AND SUBJECT TO THE CONDITIONS OF 17 U.S.C. §

512 AND BY THE LIMITATION OF LIABILITY PROVISIONS IN THE PLATFORM'S TERMS OF SERVICE.

14.3 No Warranty of Infringement-Free Content

THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT ANY CONTENT

PUBLISHED ON THE PLATFORM BY A USER IS FREE FROM COPYRIGHT INFRINGEMENT OR

COMPLIES WITH ANY INTELLECTUAL PROPERTY LAW. THE PLATFORM IS A PASSIVE HOSTING

SERVICE AND DOES NOT INDEPENDENTLY VERIFY THE COPYRIGHT STATUS OF USER-

SUBMITTED CONTENT. BUYERS AND VISITORS WHO ACCESS THE PLATFORM DO SO

UNDERSTANDING THAT LISTING CONTENT IS USER-GENERATED AND HAS NOT BEEN PRE-

SCREENED FOR COPYRIGHT COMPLIANCE.

Part VI — Platform Rights

www.4estatesale.com

14.4 Cooperation with Copyright Owners

The Company actively cooperates with copyright owners in the following ways beyond strict DMCA compliance:

Responding promptly to informal inquiries from copyright owners who believe their work appears on the

Platform, even if those inquiries do not meet formal DMCA requirements, and directing them to the

appropriate DMCA notice procedure;

Proactively removing content that the Company independently and obviously identifies as infringing (e.g.,

a listing that contains a watermarked stock agency photograph);

Maintaining the DMCA Infringement Tracking System described in Section 11.4 to enable effective

enforcement of the repeat infringer policy;

Registering and maintaining the Designated DMCA Agent with the U.S. Copyright Office and keeping that

registration current with annual renewals.

No Monitoring Obligation & Section 230 Interplay

15.1 No Obligation to Monitor

The Company has no obligation under the DMCA or any other applicable law to: (a) pre-screen User Content for

ongoing basis; or (c) investigate potential infringement absent a valid Takedown Notice or actual knowledge of

specific infringement. The DMCA's safe harbor is designed precisely to protect OSPs that do not engage in pre-

screening, on the theory that universal pre-screening would impose excessive burdens that would chill the

development of online platforms and services.

15.2 Voluntary Monitoring — No Waiver of Safe Harbor

When the Company voluntarily reviews or moderates content — for example, as part of quality control,

Acceptable Use Policy enforcement, or general platform integrity efforts — such voluntary monitoring does not:

(a) constitute an assumption of a legal obligation to monitor all content; (b) waive the Company's DMCA safe

harbor protections; or (c) create liability for content that the Company did not remove during the course of

voluntary monitoring but that is subsequently found to be infringing. The Company's voluntary enforcement

actions are undertaken in its sole discretion and do not establish a course of conduct that requires consistent

monitoring going forward.

15.3 Relationship to CDA Section 230

The Company also claims the protections afforded by Section 230(c) of the Communications Decency Act (47

U.S.C. § 230). Section 230(c) and DMCA Section 512 provide overlapping but distinct protections: Section

230(c)(1) protects OSPs from being treated as publishers of User-Generated Content for purposes of most civil

law claims (other than federal intellectual property claims), while DMCA Section 512 provides specific

Part VI — Platform Rights

www.4estatesale.com

protections against copyright infringement liability. Both protections are maintained by the Company and apply

concurrently. Neither protection is waived by the Company's voluntary content moderation activities under this

Policy or the Acceptable Use Policy.

Part VII — Educational Resources

www.4estatesale.com

PART VII — EDUCATIONAL RESOURCES

Understanding Copyright & Fair Use

16.1 What Copyright Protects

independently created by the author with at least a minimal degree of creativity); and (2) fixed in a tangible

medium of expression (including digital files, photographs, written documents, recordings, and digital images).

Copyright law does NOT protect:

Facts, data, and purely factual information (e.g., "This vase is 12 inches tall and was made in 1940");

Ideas, concepts, methods, or systems (only their expression is protectable);

Common words and phrases, titles, names, and slogans (though these may be protected by trademark law);

Works that are entirely in the public domain because their copyright has expired or because they were

created by the U.S. federal government;

Works that lack the minimum creativity threshold required for copyright protection (e.g., purely

mechanical photographs of flat documents with no creative element).

16.2 Duration of Copyright

The duration of copyright protection depends on when a work was created and first published:

Work Category

Works created on or after January 1, 1978

Life of the author plus 70 years; for works made for hire and

anonymous works, 95 years from first publication or 120 years from

creation, whichever expires first

Works published in the U.S. before 1928

In the public domain — copyright has expired

Works published 1928–1977 with proper

notice & renewal

95 years from date of publication (may still be protected)

Works published 1978–1989 without

Generally entered the public domain upon publication without notice

(verify each case)

U.S. Government works

No copyright protection — always in the public domain

Works published outside the U.S.

Varies by country; do not assume public domain without verification

Part VII — Educational Resources

www.4estatesale.com

Public Domain Warning:

Determining whether a work is truly in the public domain is complex and depends on when and where it was

published, whether proper copyright formalities were followed, and whether renewal occurred. Do not assume a

work is in the public domain based on its age alone without conducting proper due diligence or consulting an

intellectual property attorney.

16.3 Fair Use — 17 U.S.C. § 107

Fair use is a statutory exception to copyright infringement that permits limited use of copyrighted works without

authorization in certain circumstances. Courts apply a four-factor balancing test:

Factor

Favors Fair Use

Disfavors Fair Use

Purpose and character of the

use

Non-profit, educational,

commentary, criticism, news

reporting, transformative

Commercial, entertainment, exact

reproduction with no

transformation

Nature of the copyrighted work

Factual, informational, published

work

Highly creative, unpublished,

personal work

Amount and substantiality of

the portion used

Small portion, not the "heart" of

the work

Large portion, or the most

distinctive/essential part ("the

heart")

Effect on the market for the

original

No market harm; adds value to

original

Substitutes for the original;

destroys licensing market

Critical Fair Use Warning for Estate Sale Listings

Commercial sale listings on an advertising platform are very unlikely to qualify for fair use. All four fair use

factors must be weighed together — and the commercial nature of Platform listings, combined with verbatim

reproduction of creative photographs or descriptions, will almost always result in a finding that fair use does not

apply. Do not rely on fair use as a justification for using others' photographs or descriptions in your listings

without securing a license.

Best Practices for Content Uploaders

The following best practices will help estate sale professionals and auction companies avoid copyright

infringement on the Platform and maintain a clean infringement record:

Part VII — Educational Resources

www.4estatesale.com

17.1 Photographs

Take your own photos. The most reliable way to avoid infringement in photographs is to take them

yourself using your own equipment. As the photographer, you are the original copyright owner and need no

license;

Hire a photographer with a commercial license agreement. If you hire a professional photographer,

ensure your written agreement expressly grants you a license to use the photographs in online commercial

advertising, including on third-party listing platforms. "We paid for the photos" is not sufficient — without

a written license, the photographer owns the copyright;

Avoid using photos from prior listings. Do not repurpose photographs from another estate company's

previous listings, even if you are listing items from the same estate. Those photos were taken by and for

that company;

Be careful with consigned items. Photographs of an item provided by a consignor or seller may or may

not be accompanied by a license to use them in advertising. Confirm in writing before using;

Do not use stock photography. Do not use images from Google Image Search, Pinterest, or stock

photography sites unless you have a specific commercial license for that image. "Free for personal use"

stock licenses do not cover commercial listings.

17.2 Written Descriptions and Text

Write original descriptions. Always write your own original descriptions of items. Do not copy-paste

from auction house catalogs, competitor listings, reference guides, or any other published source;

Facts are free, creativity is not. You are free to state factual information (e.g., "Chippendale-style

mahogany desk, circa 1780, 54 inches wide") — facts are not copyrightable. But a beautifully crafted

narrative description is protected by the author's copyright;

Attributing the source does not make copying legal. Copyright infringement is not cured by giving

credit to the original author. You need authorization, not just attribution.

17.3 Logos, Branding, and Artwork

Do not reproduce fine art in listing photos. If a piece of art is the item being sold, you may photograph it

for listing purposes — but be mindful that the reproduction of a two-dimensional artwork in a photograph

may require a license from the artist or the artist's estate if the artwork is still under copyright;

Do not use brand logos without authorization. Using a brand's logo in your listing graphics (other than

by photographing a genuine branded item as part of the item photo) typically requires written permission

from the brand owner;

Check estate sale company logos. Ensure your own company logo is original and does not infringe

another company's trademark or copyright.

Part VII — Educational Resources

www.4estatesale.com

17.4 Videos and Multimedia

Mute background music, or use licensed music. If you record a sale walkthrough video with background

music playing, that music may be copyrighted and your recording could infringe the composer's and

recording artist's rights. Use royalty-free music licensed for commercial use, or mute the audio in your

edited video;

Do not include film clips, TV excerpts, or news footage in sale videos without a synchronization license.

17.5 Documentation to Keep

Maintain the following records for all content you upload to the Platform:

For your own photographs: RAW or original files with intact EXIF metadata (camera, date, time, GPS)

stored securely;

For licensed photographs: A copy of the license agreement with the photographer or stock agency;

For consigned content: Written confirmation from the consignor authorizing your use of any photographs

they provide;

For public domain claims: Documentation of your research confirming public domain status.

Part VIII — Legal Provisions

www.4estatesale.com

PART VIII — LEGAL PROVISIONS

Governing Law & Jurisdiction

18.1 Federal Copyright Law

This Policy is governed by and construed in accordance with federal copyright law as codified in Title 17 of the

United States Code, including without limitation the Copyright Act of 1976 (17 U.S.C. §§ 101 et seq.) and the

Digital Millennium Copyright Act of 1998 (17 U.S.C. §§ 512 et seq.), as amended from time to time. Copyright

infringement claims and DMCA-related matters are exclusively governed by federal law and fall within the

exclusive subject matter jurisdiction of the federal courts pursuant to 28 U.S.C. § 1338(a).

18.2 Florida State Law

To the extent any aspect of this Policy is governed by or construed under state law (for example, contractual

provisions regarding the relationship between the Company and its Users, indemnification obligations, or dispute

resolution procedures), such matters shall be governed by and construed in accordance with the laws of the State

of Florida, without regard to Florida's choice-of-law principles.

18.3 Exclusive Jurisdiction and Venue

Any legal action or proceeding arising under or related to this Policy — including but not limited to copyright

infringement claims, DMCA-related disputes, and disputes arising from this Policy's contractual provisions —

shall be brought exclusively in:

The United States District Court for the Southern District of Florida, Miami Division, for matters

arising under federal law (including all copyright claims); or

The state courts of Miami-Dade County, Florida, for any state-law matters not within federal subject

matter jurisdiction.

Each party hereby irrevocably consents to the personal jurisdiction of these courts and waives any objection to

venue on grounds of inconvenience or otherwise.

18.4 Attorneys' Fees

Under 17 U.S.C. § 505, a court may award attorneys' fees to the prevailing party in a copyright infringement

action at its discretion. Under 17 U.S.C. § 512(f), attorneys' fees are available as a matter of right (without judicial

discretion) to a party injured by a knowing material misrepresentation in a Takedown Notice or Counter-Notice.

Users and Complainants should be aware of these fee-shifting provisions before filing notices or initiating

litigation.

Part VIII — Legal Provisions

www.4estatesale.com

Modifications to This Policy

19.1 Right to Modify

Prime Partners Group, LLC reserves the right to modify, update, supplement, or replace this DMCA Copyright

Policy at any time, including in response to changes in applicable law, DMCA regulations, U.S. Copyright Office

guidance, or judicial decisions interpreting the DMCA. All changes are effective upon posting the revised Policy

to the Platform with an updated effective date.

19.2 Notice of Material Changes

For material changes to this Policy — including significant changes to the Repeat Infringer Policy, the takedown

timeline, or Users' procedural rights — the Company will provide at least thirty (30) days' advance notice to

Subscribers by email to their account email address before the changes take effect. Changes required by newly

enacted or amended law may take effect immediately upon posting if compliance with the new law requires

immediate implementation.

19.3 Continued Use as Acceptance

Your continued use of the Platform after the effective date of any modification to this Policy constitutes your

acceptance of the modified Policy. If you do not agree with any modification, you may cancel your subscription

and discontinue your use of the Platform prior to the effective date of the change.

19.4 DMCA Agent Registration Updates

The Company commits to maintaining current and accurate Designated DMCA Agent information in the U.S.

will be updated in this Policy and in the Copyright Office directory simultaneously. Until such update, the

previously listed contact information remains the official channel for Takedown Notices.

Severability, Waiver & Entire Agreement

20.1 Severability

If any provision of this Policy is held by a court of competent jurisdiction to be unlawful, void, or unenforceable

for any reason, that provision shall be deemed severed from this Policy to the minimum extent necessary to render

the remaining provisions enforceable, and the remaining provisions shall continue in full force and effect,

provided that the core obligations required for DMCA safe harbor compliance (designated agent, expeditious

removal, repeat infringer policy, counter-notice procedure) are preserved to the maximum extent permitted by law.

Part VIII — Legal Provisions

www.4estatesale.com

20.2 No Waiver

The Company's failure to enforce any provision of this Policy on any particular occasion does not constitute a

waiver of its right to enforce that provision on any subsequent occasion. The Company's decision not to act on a

particular piece of content — whether because it did not receive a valid Takedown Notice, because it exercised

editorial discretion, or for any other reason — does not create any obligation to treat similar content the same way

in the future and does not waive the Company's safe harbor protections with respect to other content.

20.3 Entire Agreement on DMCA Matters

This DMCA Copyright Policy, together with the Terms of Service, Acceptable Use Policy, Privacy Policy, and

Refund and Cancellation Policy (all of which are incorporated herein by reference), constitutes the entire

agreement between Users and Prime Partners Group, LLC with respect to copyright compliance and DMCA

matters on the Platform. This Policy supersedes all prior representations, policies, or informal communications on

the subject of copyright infringement, takedowns, and DMCA compliance.

Contact Information

DMCA & Copyright Matters — Official Contacts

Designated DMCA Agent: DMCA Agent, Prime Partners Group, LLC

Email (Preferred — fastest response): dmca@4estatesale.com

Online Form: https://www.4estatesale.com → Contact Us → "DMCA / Copyright Claim"

Mailing Address: DMCA Agent — Copyright Matters, Prime Partners Group, LLC, Miami-Dade County,

Florida, USA

Copyright Office Agent Directory: https://www.copyright.gov/dmca-directory/" target="_blank" rel="noopener">https://www.copyright.gov/dmca-directory/

Subject Lines:

Takedown Notice: "DMCA TAKEDOWN NOTICE — [Work Title / Brief Description]"

Counter-Notice: "DMCA COUNTER-NOTICE — [Case Reference #] — [Account Email]"

Strike Appeal: "DMCA STRIKE APPEAL — [Case Reference #]"

General Copyright Question: "COPYRIGHT INQUIRY — [Brief Topic]"

Response Times:

Takedown Notices: Acknowledgment within 2 business days; removal within 24–48 hours of validation

Counter-Notices: Acknowledgment within 2 business days; forwarding to Complainant within 3 business days

Strike Appeals: Response within 15 business days

General Inquiries: Response within 5 business days

Part VIII — Legal Provisions

www.4estatesale.com

4EstateSale.com DMCA Copyright Policy • Prime Partners Group, LLC • Version 1.0 • Effective May 7, 2026

DMCA Agent: dmca@4estatesale.com • https://www.4estatesale.com

compliance purposes and does not constitute legal advice. Prime Partners Group, LLC recommends periodic review of this Policy with qualified

intellectual property counsel to ensure continued compliance with evolving DMCA regulations, Copyright Office guidelines, and judicial

interpretations of 17 U.S.C. § 512.

Appendices

www.4estatesale.com

A P P E N D I C E S

App. A

DMCA Takedown Notice Template

How to Use This Template

Complete all fields marked below. Replace all bracketed instructions with your actual information. Submit the

completed form by email to

dmca@4estatesale.com

with the subject line "DMCA TAKEDOWN NOTICE — [Brief Description of Work]." You may also submit via

the Contact form at https://www.4estatesale.com. Keep a copy for your records. Incomplete notices may be

returned for supplementation.

Appendices

www.4estatesale.com

Appendices

www.4estatesale.com

App. B

DMCA Counter-Notice Template

How to Use This Template

Complete all fields. Submit to the Designated DMCA Agent at

dmca@4estatesale.com

with the subject line "DMCA COUNTER-NOTICE — [Case Reference #] — [Your Account Email]" within

14 calendar days

of receiving the content removal notification. Filing a false Counter-Notice may expose you to civil liability

under 17 U.S.C. § 512(f). Only submit if you genuinely believe the removal was made in error.

Appendices

www.4estatesale.com

Appendices

www.4estatesale.com

App. C

Infringement Strike Record Summary

Internal Use Document — Tracking Reference

This table summarizes the Three-Strike System for internal reference and for User notification purposes. Each

User's strike history is maintained in the DMCA Infringement Tracking System described in Section 11.4. This

summary is provided as a reference for DMCA team personnel processing infringement notices and for User

communications.

Strike

Trigger

Account Action

Listing Status

Refund?

Strike 1

(1st

validated

infringement)

Valid Takedown Notice

received; content

confirmed infringing;

no timely Counter-

Notice OR Counter-

Notice did not result in

restoration

Account remains

active. Formal written

warning issued by

email. Strike recorded

in DMCA Tracking

System.

Infringing content

removed. All other

listings remain

published and active.

No refund issued.

Account continues to

operate normally.

Strike 2

(2nd

infringement

within 24-

month rolling

window from

Strike 1)

Second valid Takedown

Notice within 24

months of Strike 1 date

Account SUSPENDED

for 30 calendar days.

Formal Strike 2

notification issued.

Strike recorded.

ALL active listings

unpublished

immediately. No new

listings may be created

during suspension.

Read-only account

access only.

No refund.

Subscription fees

continue during 30-

day suspension.

Account

automatically

reactivates at day 31.

Strike 3

(3rd

infringement,

any time over

account

lifetime)

Third valid Takedown

Notice at any time in

account history (not

time-limited)

Account

PERMANENTLY

TERMINATED. All

subscriptions cancelled.

Permanent platform

ban. Strike 3 /

Termination notice

issued.

ALL listings

permanently removed.

No further listing or

platform access

permitted under any

account.

NO REFUND. All

prepaid subscription

fees forfeited.

Company may

pursue legal

remedies for

damages.

Accelerated

Termination

(No prior

strikes

required)

Single incident of

willful large-scale

infringement; court

order; fraud +

infringement; CSAM

involvement; or other

factors in Section 11.3

Account

IMMEDIATELY AND

PERMANENTLY

TERMINATED

without prior warning

or progressive strikes.

ALL listings

permanently removed

immediately.

NO REFUND.

Referral to law

enforcement and/or

further legal action.

Appendices

www.4estatesale.com

Strike Resolution Outcomes

DMCA Process Outcome

Strike Recorded?

Content

Restored?

Impact on Account

Valid Takedown Notice — no

Counter-Notice filed within 14

days

YES — Full Strike

Strike count incremented;

account action per tier

Valid Takedown Notice —

Counter-Notice filed —

Complainant files lawsuit

YES — Full Strike

No (pending court

outcome)

Strike count incremented; court

outcome governs further action

Valid Takedown Notice —

Counter-Notice filed — 10–14

days pass, no lawsuit — content

restored

YES — Annotated

Strike ("CN Restored")

YES — Restored

after waiting period

Strike recorded but annotated;

reduced weight in repeat

infringer analysis

Takedown Notice deemed invalid

or deficient — not processed

Content was never

removed

No impact on account

Strike Appeal sustained — strike

determined to be erroneous

Strike removed from

record

Content restored if

applicable

Strike count decremented; prior

account action (if any) reversed

Company-initiated removal (no

Takedown Notice — Company

determines obvious infringement)

YES — Recorded as

Company-Initiated

Strike

Strike count incremented; User

notified with Counter-Notice

option

Key Dates and Deadlines Reference

Event

Deadline / Timeline

Takedown Notice acknowledgment

Within 2 business days of receipt

Content removal after validated Takedown Notice

Within 24–48 hours of validation

User notification of content removal

Within 24 hours of removal

Counter-Notice submission deadline (by User)

14 calendar days from User Notification date

Company forwards Counter-Notice to Complainant

Within 3 business days of receiving valid Counter-Notice

Waiting period before content restoration

10–14 business days after Complainant receives Counter-Notice

Strike Appeal submission deadline

30 calendar days from Strike Notification date

Appendices

www.4estatesale.com

Strike Appeal determination

Within 15 business days of Appeal receipt

Infringement record retention period

Minimum 7 years from date of each entry

Rolling window for Strike 1 → Strike 2

escalation

24 months from date of Strike 1

Strike 2 suspension duration

30 calendar days from suspension effective date

Preserved removed content retention

Minimum 1 year from date of removal

Takedown Notice submission deadline for

Complainant

Within 60 days of learning of infringement (recommended; no statutory

deadline but delays may affect legal rights)

Billing Error / DMCA dispute notice to

Company (Complainant)

Within 60 days of original Takedown Notice for any challenge to

Company's response

4EstateSale.com DMCA Copyright Policy • Prime Partners Group, LLC • Version 1.0 • Effective May 7, 2026 • Appendices A, B & C

DMCA Agent: dmca@4estatesale.com • Designated Agent Registration: https://www.copyright.gov/dmca-directory/" target="_blank" rel="noopener">https://www.copyright.gov/dmca-directory/

intellectual property counsel for specific copyright matters.

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