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Copyright and Trademark Infringements

Return to our complaint policy table of contents.

We work with copyright and trademark holders to ensure that copyrighted or trademarked material does not stay on our website. Since it is not usually obvious what is copyrighted, we need the help of copyright and trademark owners in identifying infringing material that has been posted by visitors to our website.

Examples of Copyright and Trademark Infringements

  • Photos: If someone has posted photos on their ad that belong to you, then they must have your permission. If they don't have your permission, then you can request that they be removed and we will remove them.
     
  • Text: If someone has stolen the description of a horse or product from your copyrighted material, you can request to have it removed.
     
  • Trademarks: If someone has posted an ad using your registered trademark, send us a complaint to have it removed.
     
  • Other: If you believe your copyright or trademark rights have been violated in any other way, you can also submit a complaint using the procedure described below.

How to submit a Complaint

To submit a complaint, you must fill out our Copyright/Trademark Infringement Complaint Form and fax it to us at the number provided on the form. All of the required information must be filled in for the complaint to be processed.

How we respond to complaints

When we receive your complaint, we will remove the alleged infringing material as soon as possible. At that time, the person who posted the material will have the opportunity to file a DMCA counter-complaint. If we receive a counter-complaint, we may reinstate the material. We are required by the Digital Millenium Copyright Act (DMCA) to have this policy.

Be aware that this process is NOT PRIVATE: we will share your contact information with the alleged infringing party. If the alleged infringing party disagrees with your claim, then they have the right to take you to court under the DMCA, the Digital Millenium Copyright Act.

False Complaints

Please be aware that under the Digital Millenium Copyright Act, issuing a false complaint can result in substantial financial penalties. Usually under the DMCA, the loser of a contested claim is required to pay the court and attorney fees of the winning party, and there have been cases where filing a false claim resulted in payment of damages up to $100,000.

However, Horsetopia.com and Horsetopia LLC take no part in such conflicts after we receive your complaint. The DMCA protects content providers, like Horsetopia, from liability for copyright violations by our users, as long as we follow the complaint counter-complaint policy outlined above.

How we deal with copyright/trademark infringers

If we receive a complaint that you posted copyrighted or trademarked material, we will remove it. You may send us a counter-complaint, in which case we may or may not reinstate the material. (Horsetopia is required by the DMCA to have this policy.)

If you re-post any material that we have informed you was removed for copyright or trademark reasons, and we have not given you permission to re-post the material, then all of your ads will be deleted and your account will be disabled. If you paid for the ads, then you will not receive a refund.

If you believe that a complaint against was made falsely, we encourage you to contact an attorney. You may be entitled to monetary damages paid by the accusing party.

Repeat offenders will have all of their ads deleted, their accounts disabled, and may be prevented from accessing our website in the future.

Copyright/Trademark Infringement Complaint Form

To submit a complaint, you must use our Copyright/Trademark Infringement Complaint Form. You might need to download and install Adobe Acrobat Reader to view and print the form. The form must be faxed to the number provided.

Counter-Complaints

If we ask you to send us a counter-complaint, it must be sent by fax or postal mail (not email). Here are the steps to follow to send your counter complaint:
  1. Include a specific description of the content that you would like reinstated
  2. Include your name, address, telephone number, and email address
  3. Include the following statement, exactly: "I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material."
  4. Sign and date the paper.
  5. Fax the paper to 310-280-4807 or mail it to the address that we provide.
NOTE: This info is not private; a copy of the counter-complaint will be sent to the person who sent the original complaint.

Disclaimer

This page should not be taken as legal advice. Please consult an attorney for legal advice.




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