Complaints of Unauthorized Use of Listing Content
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 Triad MLS and Participant’s Association executive. Such notice shall be in writing, specifically identify the allegedly unauthorized content, and be delivered to Triad MLS and Participant’s Association executive not 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 of law without first completing the notice and response procedures outlined in this Section 9.4 of the MLS rules.
Upon receiving a notice, Triad MLS Board of Directors will send the notice to the participant who is accused of unauthorized use. Triad MLS shall provide a copy of the notice to Participant’s Association executive. Within ten (10) days from receipt, the participant must either: 1) remove the allegedly unauthorized content, or 2) provide proof to Triad MLS Board of Directors that the use is authorized. Any proof submitted will be considered by Triad MLS Board of Directors, and a decision of whether it establishes authority to use the listing content will be made within thirty (30) days.
If Triad MLS Board of Directors determines that the use of the content was unauthorized, Triad MLS Board of Directors 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 Triad MLS Board of Director’s 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.