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Terms and Conditions
- To sign up for the Services, You may register for an account on the Services (an "Account") or log in via Facebook Connect, Google or another authentication mechanism (a "Third Party Account). You must provide accurate and complete information and keep Your Account information updated. To the extent You can create or select a username through the Services, You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than You without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on Your Account, and for keeping Your Account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in Your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of Your Account. You should never publish, distribute or post login information for Your Account.
4. The Services and its content
- RE/MAX reserves the right to access and use the Services, and any content and information therein, to the extent necessary to run the Services and make it available to You and others, to protect the Services, to improve the Services, and to otherwise use the Services and its content for a legitimate business purpose.
- The laYout, formatting, and features of and access privileges for the Services shall be as determined or specified by us in our sole discretion. We shall also have the sole right to modify, upgrade, and change the Services. We will not be liable if for any reason all or any part of the Services or its content is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, in our sole discretion.
5. Accessing the Services and Account Security
- You also acknowledge that Your account is personal to You and agree not to provide any other person with access to the Services or portions of it using Your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of Your user name or password or any other breach of security. You also agree to ensure that You exit from Your Account at the end of each session. You should use particular caution when accessing Your Account from a public or shared computer so others cannot view or record Your password or other personal information.
6. Payment and Billing
7. License Grant and Restrictions
- You agree to abide by all applicable local, state, national, and international laws and regulations regarding Your use of the Services. By accessing or using the Services, You represent that You are at least eighteen (18) years of age (or the legal age of majority, whichever is greater) and will, at all times, provide true, accurate, current, and complete information when uploading, adding, including, storing, or sharing content on or through the Services. You also acknowledge and agree that use of the Internet and the Services is solely at Your own risk.
8. Use of RE/MAX Marketing Content
- As part of the Services, RE/MAX may make available for use certain website, marketing and promotional content, including website templates, e-mail marketing materials, social media content and imagery (the "RE/MAX Marketing Content"). You hereby acknowledge and agree that You will observe any limits on the use of such RE/MAX Marketing Content that are required by RE/MAX, by law, or by anyone with an interest in such RE/MAX Marketing Content. The use of any RE/MAX Marketing Content may be discontinued at any time at RE/MAX's sole option, and You agree to take any action required to discontinue such use when required. You further agree to:
- (a) use the RE/MAX Marketing Content in a manner compliant with the RE/MAX Brand Identity Trademark And Graphic Standards manual;
- (b) use the RE/MAX Marketing Content only for promoting and advertising Your RE/MAX real estate activities and not in any way that harms, disparages, detracts from, or devalues RE/MAX or its affiliates;
- (c) comply with any expiration date(s) for such RE/MAX Marketing Content, regardless of how such dates are communicated;
- (d) upon an expiration date that applies to particular RE/MAX Marketing Content, immediately delete, destroy, and otherwise stop any and all usage of, any products or materials, even ones that You have created or purchased, that incorporate or use any portion of such expired RE/MAX Marketing Content; and
- (e) upon any notification from RE/MAX requiring that You do so, immediately delete, destroy, and otherwise stop any and all usage of, any products or materials, even ones that You have created or purchased, that incorporate or use any portion of the RE/MAX Marketing Content that is the subject of such notification.
- You also hereby agree that if You modify the RE/MAX Marketing Content in any manner, including but not limited to adding on Your business contact information, You do so at Your own risk and You assume any and all liability for
- (i) any claims that such usage violates applicable rules, laws or regulations or is otherwise improper, including due to copyright infringement or a misleading or false advertisement and
- (ii) any and all costs incurred by RE/MAX arising from any claims relating to Your usage of the RE/MAX Marketing Content, including court costs and attorney fees.
9. User Generated Content
- The following terms control when You post, upload, transmit, submit or otherwise make available messages, text, photographs, data, graphics, images, videos or any other materials, when using the Services ("User Content''). You are entirely responsible for Your User Content and any posting, uploading, transmission, submission or other ways of making available User Content using the Services is undertaken at Your own risk.
- For all of Your User Content, You represents and warrants that:
- (a) You own all rights in and to the User Content or, if the User Content is subject to third-party rights, You have all necessary licenses, rights, permissions and consents to use the User Content (including but not limited to permission from all person(s) appearing in the User Content), and to grant the rights contained herein;
- (b) the use of the User Content as described herein will not violate the rights, including but not limited to copyright, trademark, privacy, publicity or other proprietary rights, of any third party or any law; and
- (c) the User Content does not contain anything that is illegal, defamatory, libelous, pornographic, obscene, abusive, threatening, harassing, hateful or offensive.
- RE/MAX reserves the right, at its sole discretion, to remove or choose not to allow any displayed User Content if it does not meet the requirements set forth in these terms or if RE/MAX otherwise determines, in its sole discretion, that the User Content is not appropriate.
10. Intellectual Property Rights
- The Services and their features and functionality (including but not limited to all software, displays, capabilities, and the design, selection, and arrangement thereof) are owned by RE/MAX, its licensors, or other providers of such features and functionality and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
- RE/MAX’s name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of RE/MAX or its affiliates or licensors, which may be registered in the United States or other jurisdictions. You must not use such marks without the prior written permission of RE/MAX.
12. Copyright Complaints
- It is the policy of RE/MAX to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). If RE/MAX removes or restricts access to Your User Content in response to a copyright complaint, RE/MAX will make a good faith effort to contact You with information concerning the removal or restriction of access, including a copy of the complaint. If You believe Your User Content was removed in error, then pursuant to the DMCA, You can submit a counter-notification to RE/MAX requesting that the removed content be reinstated. You are advised that RE/MAX has a policy of terminating repeat infringers. If Your account receives multiple copyright complaints, RE/MAX may terminate or restrict Your access to the Services.
Third Party Services
- The Services may permit You to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When You access third party resources on the Internet, You do so at Your own risk. These other resources are not under our or Photofy’s control, and You acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
13. In App Purchases
- Through the Applications, You may purchase ("In App Purchase") certain goods designed to enhance the performance of the Services ("Goods"). When You purchase Goods, You are doing so through either Apple iTunes service or the Google Play service or the Amazon AppStore service and You are agreeing to their respective Terms and Conditions. (http://www.apple.com/legal/internet-services/itunes/us/terms.html; http://play.google.com/intl/en_us/about/play-terms.html; http://www.amazon.com/gp/help/customer/display.html?nodeId=201485660). We are not a party to any In App Purchase, including auto-renewable subscriptions.
14. Prohibited Uses
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries and any laws relating to the protection of personal data of individuals).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material that would be considered improper, inappropriate, or burdensome to clients or potential clients such as “junk mail,” “chain letter,” “spam,” or any other similar solicitation, including unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), or instant messages. This does not include marketing communications in the ordinary course of business and consistent with an individual’s expectations of their interaction with a broker, agent, or other brokerage representative.
- To impersonate or attempt to impersonate another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm RE/MAX or users of the Services, or expose them to liability.
- Additionally, You agree not to:
- Circumvent any restrictions on access to or availability of the Services.
- Engage in activity that is harmful to You, the Services, or others.
- Infringe upon the rights of others.
- Engage in activity that violates the privacy of others.
- Help others break these rules.
- Otherwise attempt to interfere with the proper working of the Services.
15. Disclaimer of Warranties
- YOUR USE OF THE SERVICES AND ITS CONTENT IS AT YOUR OWN RISK. THE SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER RE/MAX NOR ANY PERSON ASSOCIATED WITH RE/MAX MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER RE/MAX NOR ANYONE ASSOCIATED WITH RE/MAX REPRESENTS OR WARRANTS THAT THE SERVICES WILL OPERATE UNINTERRUPTED OR IN A MANNER THAT WILL MEET YOUR PARTICULAR REQUIREMENTS AND/OR NEEDS. TO THE FULLEST EXTENT PROVIDED BY LAW, RE/MAX HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. RE/MAX ALSO DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT, THE MATERIALS, THE ACCURACY OF THE INFORMATION, AND/OR THE QUALITY OF THE INFORMATION PROVIDED BY OR AVAILABLE THROUGH THE SERVICES.
- THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
16. Limitation on Liability
- TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL RE/MAX, ITS SHAREHOLDERS, DIRECTORS, AFFILIATES, OFFICERS, AGENTS AND EMPLOYEES, LICENSORS, SERVICE PROVIDERS, AND ALL THIRD PARTIES THAT PROVIDE CONTENT, INFORMATION OR SERVICES TO THE SERVICES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY APPLICATIONS LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER APPLICATIONS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
- THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
18. Governing Law and Jurisdiction
19. Waiver and Severability
20. Entire Agreement
21. Termination of Services
- RE/MAX reserves the right to suspend or terminate Your access to the Services, without notice to You, at any time, in the event: (a) You cease or fail, for any reason, to meet the definition of a Member (defined in the next paragraph), as determined solely by RE/MAX; (b) Member fails to honor or is in breach of any term or condition of this Agreement, as determined solely by RE/MAX; (c) Member ceases, for any reason, to be affiliated with the RE/MAX organization; (d) Member fails to notify RE/MAX of a change of office address; or (e) Member engages in any prohibited use or any other conduct which, in the sole judgment of RE/MAX, compromises or may compromise the value, integrity or viability of the Services or detracts from the reliability or reputation of such extranet service or of the RE/MAX name or organization.
- To be a Member You must be one of the following: (a) a RE/MAX Franchisee or RE/MAX Sales Associate affiliated with a RE/MAX Franchisee who is current on all annual dues and fees owed to RE/MAX and in compliance with all applicable RE/MAX policies (including, but not limited to, the RE/MAX Brand Identity Trademark and Graphics Standards manual); or (b) an individual who is currently employed by a RE/MAX Franchisee in some capacity for which annual dues are not assessed or for which membership in RE/MAX is not available (e.g., office receptionist, secretary).
22. Contact Information
- The Services are operated by RE/MAX, LLC at 5705 South Syracuse Street; Denver, CO 80237.
- If You have any feedback, comments, requests for technical support, and other communications relating to the Services, please email us at: firstname.lastname@example.org.
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