Any participant who believes another participant has engaged in the unauthorized use or display of listing content, including photographs, images, audio or video recordings, and virtual tours, shall send notice of such alleged unauthorized use to the Service. Such notice shall be in writing, specifically identify the allegedly unauthorized content, and be delivered to the Servicenot more than sixty (60) days after the alleged misuse was first identified. No participant may pursue action over the alleged unauthorized use and display of listing content in a court oflaw without first completing the notice and response procedures outlined in this Section 9.3 of the Service’s rules.
Upon receiving a notice, the staff will send the notice to the participant who is accused of unauthorized use. Within ten (10) days from receipt, the participant must either: 1) remove the allegedly unauthorized content, or 2) provide proof to the Board of Managers that the use is authorized. Any proof submitted will be considered by the Board of Managers, and a decision of whether it establishes authority to use the listing content will be made within thirty (30) days.
If the Board of Managers determines that the use of the content was unauthorized, the Board of Managers may issue a sanction pursuant to Section 7 of the MLS rules, including a request to remove and/or stop the use of the unauthorized content within ten (10) days after transmittal of the decision. If the unauthorized use stems from a violation of the MLS rules, that too will be considered at the time of establishing an appropriate sanction.
If after ten (10) days following transmittal of the Board of Managers determination the alleged violation remains uncured (i.e. the content is not removed or the rules violation remains uncured), then the complaining party may seek action through a court of law.
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