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TripAdvisor: Notice & Takedown Procedure


Depending on the nature of your complaint, please select one of the following notices:


(1) Notice to TripAdvisor of Defamatory Content

Notes

Statements that are true or that reflect an honest opinion (e.g. negative review) are not usually themselves a basis for defamation. You should carefully consider the facts before you make a claim (and take legal advice if in doubt), as a false claim may expose you to liability.

TripAdvisor reserves the right to ask for verification of your identity and to seek further information from you to clarify the basis of your claim. Please note that TripAdvisor may not be able to investigate claims that are anonymous or incorrectly addressed or do not provide sufficient information in the form of the Notice set out below. We will use reasonable efforts to identify defamatory content when notified but cannot be responsible where you have failed to provide all the relevant facts or where these facts cannot be ascertained. Any personal data you provide to us will be used in accordance with our Privacy Policy; please review this before sending personal data to us.

Warning: Any statement you make may be used in court proceedings. Any false, misleading or inaccurate information provided by you may result in civil and criminal liability.

If you wish to notify TripAdvisor of an allegedly defamatory statement contained on this website please complete the ‘Notice to TripAdvisor of Defamatory Content’ below and send a signed and dated copy to:

TripAdvisor LLC
Attn: Content Notice Department
400 1st Avenue
Needham, MA 02494, USA

You must also include a postal address, your daytime telephone number and an e-mail address so that TripAdvisor may respond to the Notice.

Notice to TripAdvisor of Defamatory Content

I [state your full name] of [state your postal address, daytime telephone number and email address], say as follows:

  1. I refer to the website [please insert the relevant TripAdvisor website (e.g. www.tripadvisor.ie)] (the “Website”) and now give notice to TripAdvisor that via its Website it is causing or contributing to the publication of a defamatory statement.

  2. The relevant statement appears on the Website at [please cut and paste the posting in which the relevant statement appears and the address of the relevant web page from the Website where the defamatory words appear].

  3. The words I consider to be defamatory are: [please repeat the exact words appearing on the Website which you are complaining about].

  4. I submit that these words are defamatory because [please state why you consider these words to be defamatory].

  5. The defamatory words are untrue because [please state why the words complained of are untrue and what you believe the true position is].

  6. [If the person making the statement is acting on behalf of the claimant, please include the following statement: I am authorised to act on behalf of the claimant. The [person/entity] claiming that words are defamatory is [please state the name and address of the person/entity] (“Complainant”). I am [please explain the relationship of the signatory to the Complainant]].

I declare that the above claim to be true, and understand that this notice may be used in any subsequent court proceedings relating to the above defamation complaint.

Signed:

Dated:


(2) Notice to TripAdvisor of Intellectual Property Rights Infringement


Notes

If you believe that work or material has been dealt with in a way which constitutes infringement of your intellectual property rights, please notify TripAdvisor by using the following ‘Notice to TripAdvisor of Intellectual Property Rights Infringement’.

TripAdvisor reserves the right to ask for verification of your identity and to seek further information from you to clarify the basis of your claim. Please note that TripAdvisor may not be able to investigate claims that are anonymous or incorrectly addressed or do not provide sufficient information in the form of Notice set out below. We will use reasonable efforts to identify allegedly infringing content but cannot be responsible where you have failed to provide all the relevant facts or where these facts cannot be ascertained.

Warning: Any statement you make may be used in court proceedings. Any false, misleading or inaccurate information provided by you may result in civil and criminal liability.

If you wish to notify TripAdvisor of an alleged intellectual property right infringement contained on this website, please complete the ‘Notice to TripAdvisor of Intellectual Property Rights Infringement’ below and send a signed and dated copy to:

TripAdvisor LLC
Attn: Content Notice Department
400 1st Avenue
Needham, MA 02494, USA

You must also include a postal address, your daytime telephone number and an e-mail address so that TripAdvisor may respond to the Notice.


Notice to TripAdvisor of Intellectual Property Rights Infringement


STATEMENT:

I, [please insert your full name] of [please give your postal address, daytime telephone number and email address], say as follows:

  1. I refer to the website [please insert the relevant TripAdvisor website (e.g. www.tripadvisor.ie)] (the “Website”) and now give notice to TripAdvisor that the content on your Website as identified below is infringing or contributing to an infringement of intellectual property rights.

  2. The work in which intellectual property rights are claimed is [please clearly identify and describe the material or work(s) claimed to be infringed] (the “Work”).
    [Note: Please specify the intellectual property right being infringed – e.g. copyright; patent; trademark; design right; and give details of relevant registrations if available.]

  1. The material which is claimed to infringe the Work (“Infringing Material”) is [please clearly identify and describe the alleged infringing material or work(s)].

  2. The Infringing Material appears on the Website at [please cut and paste the address of the relevant web page from the Website where the infringing material appears].

  3. The use of the Infringing Material described in paragraph 4 infringes [my rights] [or] [the rights of the Complainant] [delete as appropriate] in the Work and is not authorised by the owner of the rights, its agent(s) or the law.

  4. [I am] [or] [I am authorised to act on behalf of] the owner of an exclusive right in the Work that is claimed to be infringed. [If the person making the statement is acting on behalf of the claimant please include the following statement: The [person/entity] claiming that its rights in the Work have been infringed is [please state the name and address of the person/entity] (“Complainant”). I am [please explain the relationship of the signatory to the Complainant].

I declare the above claim to be true and understand that the above claims may be used in any subsequent court proceedings relating to the above complaint of infringement.

Signed:

Date: