All media on this Website is either: licensed by Kohala Gallery, submitted to Website by users, readily available and believed to be in the public domain, or used in “fair use” under the U.S. Copyright Act. Kohala Gallery respects the intellectual property rights of others and expects its users to do the same.
For Copyright Owners.
If you are a copyright owner of a photograph, image, or other material that appears on this Website, which you claim violates your copyright, please notify us as provided below. Keep in mind that submitting intentionally misleading reports of infringement may be punishable under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”) in the United States or similar laws in other countries.
Notification of Copyright Infringement – DMCA
Kohala Gallery is an Online Service Provider under the DMCA. Kohala Gallery respects the legitimate rights of copyright owners and has adopted an efficient notice and takedown procedure as required by the DMCA and described herein. This policy is intended to guide copyright owners in utilizing that procedure.
Notice to Owners of Copyrighted Works
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Website by completing the following DMCA notice (“Notice”) and delivering it to Website’s Designated Copyright Agent by email or by using the form
As a copyright owner, to provide Kohala Gallery with a proper Notice of claim of your copyright, your notice must be in English and must substantially contain the following:
1. An electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. An identification of the copyrighted work claimed to have been infringed or a representative list of such works.
3. An identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled. This identification should include information reasonably sufficient to permit Kohala Gallery to locate the material, such as any URLs identifying the allegedly infringing material along with any other information that might assist Kohala Gallery’s Designated Copyright Agent in investigating your claim.
4. Information reasonably sufficient to permit Kohala Gallery to contact the complaining party, such as your address, telephone number, and, if available, an electronic mail address at which you may be contacted.
5. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by you, your agent, or the law.
6. A statement that the information in the Notice is accurate, and under penalty of perjury, that you, are the owner of the copyright or are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Failure to include all of the above information may result in a delay in processing the DMCA Notification. If you materially misrepresent that any material infringes your copyright interest, you may be liable for damages, including court costs and attorneys’ fees, and could be subject to criminal prosecution for perjury.
Delivery of the Notice
Deliver all takedown Notices to TheTopTens’s Designated Copyright Agent by Email to copyright[at]thetoptens.com or by completing the DMCA
Upon receipt of a valid Notice, TheTopTens will process the claim, which may result in removing or disabling access to the allegedly infringing material. In appropriate circumstances, TheTopTens will have the disputed material removed from public view, and will also notify the user who posted the allegedly infringing material, which notification may include a complete copy of the Notice submitted regarding that material.
Disabling or Termination of Accounts
The publication of images containing trademarks are not necessarily authorized by the respective trademark owners and such publication does not imply an endorsement or sponsorship by the trademark owner.
It is believed that the use of low-resolution images of trademarks for certain uses involving identification and critical commentary may qualify as “fair use” under United States copyright law, however, we wish to respect the wishes of trademark owners and will remove such images when requested by the owner. If you are the owner of a trademark displayed on this site or are authorized to act on behalf of the owner and would like to request its removal, please follow the instructions on this page for submitting a takedown notice.