Brokers and Agents + Photofy

Last Modified: July 15, 2019
Photofy is a content creation tool made for iOS and Android mobile devices. It can be accessed through www.photofy.com (the “Site”), a mobile application provided by Photofy (the “Applications”) and the photo sharing and enhancement services, features, content or applications offered by Photofy (together with the Site and the Applications, the "Services").  Please read these “Terms of Use,” which include and incorporate by reference Photofy Inc.’s Privacy Policy,  DMCA Copyright Policy, and "Terms of Service", fully and completely before using the Services.

The Services are offered to You (“You” or “Your”) by Photofy in partnership with RE/MAX, LLC (“RE/MAX” or “We” or “us”) subject to Your acceptance without modification of all of the Terms of Use.

1. Acceptance of the Terms of Use

• These Terms of Use are entered into by and between You and RE/MAX and govern Your access to and use of the Services, including any content, information, features, and functionality available on or through the Services.
  
• Please read the Terms of Use carefully before You use the Services. By using the Services or by clicking to accept or agree to the Terms of Use when this option is provided to You, You accept and agree to be bound and abide by these Terms of Use. If You do not want to agree to these Terms of Use, You must not access or use the Services.
  

2. Changes to the Terms of Use

• We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter.  Your continued use of the Services following the posting of revised Terms of Use means that You accept and agree to the changes.

3. Registration

• 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.
• You shall have the ability to delete Your Account, either directly or through a request made to RE/MAX or Photofy.  Any fees paid hereunder are non-refundable. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  

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.
• We have the right to disable any user name, password, or other identifier, whether chosen by You or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, You have violated any provision of these Terms of Use.

6. Payment and Billing

• RE/MAX may, at its sole discretion for any reason or no reason, offer financial support for the Services in the way of lower fees through arrangements with Photofy.  You remain ultimately responsible for the payment of all fees to Photofy that You incur for the use of the Services. Please fully and carefully read Photofy’s Paid Services page for a description of it’s current Paid Services. Please note that any payment terms presented to You in the process of using or signing up for a Paid Service are deemed part of these Terms of Use.
• Photofy uses a third-party payment processor (the "Payment Processor") to bill You through a payment account linked to your Account on the Services (your "Billing Account") for use of the Paid Services.  RE/MAX receives no payment information from the Payment Processor or Photofy.  The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to Photofy’s Paid Services and these Terms of Use.  We are not responsible for error by the Payment Processor. By choosing to use Paid Services, you agree to pay Photofy, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your "Payment Method"). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

7. License Grant and Restrictions

• The Services are made available to You by RE/MAX and these Terms of Use provide to You a personal, revocable, limited, non-exclusive, nontransferable, and (limited) non-sublicensable license to use the Services.  These Terms of Use provide only a license and not an assignment or sale.  We transfer no ownership or intellectual property interest or title in and to the Services to You or anyone else.  Further, we reserve all rights not expressly granted by these Terms of Use.  Accordingly, You may not modify, translate, decompile, reverse engineer, create derivative work(s) of, copy, distribute, disassemble, broadcast, film, transmit, display, publish, remove, or alter any proprietary notices or labels, license, sublicense, permit use by any (other) person or entity, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Services.  In addition, You shall not enter into any contractual relationship or other legally binding obligation with any third party or person which shall have the purpose or effect of encumbering RE/MAX or the Services.

User Obligations

• 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.
• If You modify the features and functionality or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Use, Your right to use the Services will stop immediately. No right, title, or interest in or to the Services is transferred to You, and all rights not expressly granted are reserved by RE/MAX.  Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

11. Trademarks

• 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 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. We are not a party to any In App Purchase, including auto-renewable subscriptions.

14. Prohibited Uses

• You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:
• 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.

17. Indemnification

• You agree to indemnify and hold harmless 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 from and against any and all claims, suits, demands, proceedings, liabilities, losses, damages, costs and expenses whatsoever, including but not limited to reasonable attorney fees and disbursements, court costs or arbitration costs, due to, arising out of, or relating to Your violation of these Terms of Use or Your use of the Services, including, but not limited to, Your contributions of content or information to the Services or any use of the Services’ content other than as expressly authorized in these Terms of Use.

18. Governing Law and Jurisdiction

• All matters relating to the Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Colorado, excluding any principles or rules of law that may direct the application of the law of another state. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state or federal courts in Colorado, U.S.A., for any litigation arising out of or relating to the use of the Services, waive any objection to the venue of any such litigation in the Colorado courts and agree not to plead or claim in any Colorado court that such litigation brought therein has been brought in an inconvenient forum. Use of the Services is only authorized in jurisdictions that give effect to all provisions of these Terms of Use. 

19. Waiver and Severability

• No waiver by RE/MAX of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of RE/MAX to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
• If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

20. Entire Agreement

• Terms of Use constitute the sole and entire agreement between You and RE/MAX regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

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: support@photofy.com.