Effective March 1st 2017
a) This site is part of the network of web sites created and operated by Real Estate Daily LLC (“RED”), which are collectively referred to herein as the “Site”. When you choose to use the web service(s) provided on the Site (the “Services”), you are agreeing to all of the terms and conditions of this Agreement between you and RED.
b) RED shall have the right, at its discretion, to change, modify, add or remove terms of this Agreement at any time without notice. While we will endeavor to post such changes, nonetheless, changes shall be effective immediately.
c) The Services are not intended for users under the age of 13, and RED does not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from submitting their personally identifiable information to us, and from using the Site’s public areas. Any information submitted by such users will not knowingly be used, posted, or retained by us.
e) RED may change, suspend or discontinue any aspect of the Services at any time, including the availability of any feature, database, or content. RED may also impose limits on certain features and Services or restrict your access to parts or all of the Site or the Services provided without notice or liability.
- CONTENT; COPYRIGHTS; TRADEMARKS
a) All of the information, content, services and software displayed on, transmitted through, or used in connection with the Site, including advertising, directories, guides, articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video, html, source and object code, software, data, and all other matters related to the Site, and including the selection and arrangement of the aforementioned and the “look and feel” of the Site (collectively, the “Content”), are: Copyright Real Estate Daily Inc. All third-party content providers, and are protected by U.S. and international copyright laws. All rights reserved.
b) All Content is protected by copyright, and owned or controlled by RED or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Site. To the extent that copyright protection exists in your Content, you will retain ownership on such copyright when you submit Content to our site, subject to certain licenses granted to us and/or parties who wish to use your Content, as more particularly described herein.
c) The Content made available on the Site or in connection with the Services is intended for your personal, noncommercial use. You may use the Content online and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained in such Content. Other than as expressly provided in this Agreement, no other use is permitted without express permission from RED or the third-party content provider that holds the copyright.
d) You may not modify, copy, frame, rearrange, distribute or redistribute, reproduce, sell, publish, transmit, display or otherwise use any of the Content or any part of the Site, or remove or alter advertising, whether or not for payment or other consideration, without prior written permission from RED or the third-party content provider that holds the copyright.
e) In exchange for the access provided to the Content, you agree that you will not remove, obstruct, modify or otherwise interfere with the delivery or display of advertisements on the Site.
f) The Content includes logotypes, trademarks and service marks owned by RED and by other information providers and third parties, none of which may be used in any manner unless approved, in advance and in writing, by RED or the third-party content provider that holds the copyright.
g) Requests to use the Content for any purpose other than as permitted in this Section 2 should be directed to the appropriate RED third party publisher; if you are unsure, please contact info@REDadar.com. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material placed by any third party on the Site, please contact us.
- SUBMISSIONS AND USER-CREATED CONTENT
a) You are solely responsible for the Content you submit to the Site.
b) You represent, warrant and covenant that all Content you submit to the Site
(i) are owned or otherwise controlled by you,
(ii) are accurate,
(iv) will not cause injury to any person or entity,
(v) will not violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; and
(vi) do not contain libelous or otherwise unlawful material.
c) You acknowledge that any Content you submit may be edited, removed, modified, published, transmitted, and displayed by RED, in its discretion, including those it deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable, and you waive any moral rights (as that term is understood in copyright law) you may have in having the Content altered or changed in a manner not agreeable to you.
d) By submitting Content to the Site, you hereby grant to RED, its affiliates and related entities the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub licensable right and license to use, copy, exploit, modify, archive, store, reproduce, adapt, publish, translate, create derivative works from, distribute, perform and display all such Content in any form, media, software or technology of any kind now existing or developed in the future. You further grant RED the right to use your name and any other information about you that you provide in connection with the reproduction or distribution of such Content. All rights in this paragraph are granted without the need for additional compensation of any sort to you. Such Content (in whole or part) and / or to incorporate them in other works in any form, media, or technology now known or later developed.
e) Anything in this Section 3 to the contrary notwithstanding, all such uses of the Content shall be attributable to you, unless you indicate in writing at the time of posting the Content that you do not wish attribution. You understand and agree that we shall not be liable in any way whatsoever for the inadvertent failure to attribute Content to you or the failure of any of our members to attribute Content to you.
f) You understand and agree that others may use your Content and therefore license all of our present and future site visitors and hereby grant to such site visitors an irrevocable, non-exclusive license to use such Content, but only for their personal use. The limitations of such license are set forth in the paragraph g) below.
g) The Content posted by others on our web sites is intended solely for your personal use. Accordingly, you may not use such Content in any form for any commercial purpose whatsoever or reproduce such Content except as specified below. In this regard, you may only make (a) one machine readable copy, (b) on backup copy and (c) one print copy of the pages on the web site. You acknowledge and agree that all other copying, whether in electronic, hard copy or other format, is prohibited and may breach intellectual property laws and other laws worldwide. Furthermore, you acknowledge and agree that you are not entitled to reproduce, transmit, publicly perform, distribute, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material, or use it for commercial purposes. All other rights are reserved.
h) Apart from those designated sections of our web sites that provide for user submissions of Content, RED, its affiliates and related entities do not accept unsolicited materials or ideas for use or publication. RED, its affiliates and related entities shall not be responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to the Site.
- INTERACTIVE AREAS; POSTING RULES
a) The Site may contain bulletin boards and other such interactive areas, which are provided to give users an interesting and stimulating forum to express their opinions and share their ideas and information. Given the nature of the Site and the volume of messages and postings, while we make every effort to be aware of how the Site is being used, we cannot and do not monitor all of the material posted or transmitted by users and third-party information providers. To protect your safety, please use your best judgment when using these forums. We particularly discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you.
b) We reserve the right, but not the obligation, to monitor all postings and to remove or alter any Content which, in our sole and absolute discretion, constitutes a misuse thereof these and may restrict, suspend or terminate your use of the Services or our Site where we believe that there has been such a misuse. Due to the global nature of the Internet, you hereby agree to comply with any applicable rules regarding the export of any data from any country. Without limiting this right, we have attempted to provide below guidelines to those posting content on our Site. A violation of certain of these posting rules may be referred to law enforcement authorities. When using the Site, please do not post material that:
i) contains vulgar, profane, abusive or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate; or
ii) is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, deceptive, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity; or
iii) violates any right of RED or any third party; or
iv) discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law; or
v) violates any municipal, state or federal law, rule, regulation or ordinance, or attempts to encourage such an evasion or violation; or
vi) unfairly interferes with any third party’s uninterrupted use and enjoyment of the Site; or
vii) advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose; or
viii) uploads copyrighted or other proprietary material of any kind on the Site without the express permission of the owner of that material; or
x) includes images, photos, articles or other content that constitutes, promotes or encourages illegal acts, violation of any right of any individual or entity, violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability; or
xi) uploads or transmits viruses or other harmful, disruptive or destructive files; or
xii) disrupts, interferes with, or otherwise harms or violates the security of the Site, or any Services, system resources, accounts, passwords, servers or networks connected to or accessible through the Site or affiliated or linked sites; or
xiii) “flames” any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects.
c) Any Content posted by you or others will be deemed not to be confidential or secret. You understand that personal and other information (e.g., username, e-mail address, phone number) that you post on our Site is generally accessible to, and may be collected and used by others, and may result in unsolicited messages or other contact from others. We shall not be liable for the use or misuse of any information or data, including personal information that is included in your posted Content.
d) We are not responsible for maintaining your posted Content and we may delete or destroy it at any time in our absolute and sole discretion with no liability or obligation to you of any sort.
- USE OF REGISTRATION DATA
a) Certain areas of the Site may require registration or may otherwise ask you to provide information to participate in certain features or access certain Content. The decision to provide this information is purely optional, however if you elect not to provide such information, you may not be able to access certain Content or features or participate in various areas of the Site. You may also provide information to the Site in other contexts, including, for example, in order to register for RED events, subscribe to RED publications, or to enterintoa sweepstakes or promotion. When you use or visit the Site or provide information to the Site in any other manner, you agree to provide only true, accurate, current and complete information on all registration pages.
c) You agree that any registration data you provide may be shared by RED with select third party business partners, unless you state a preference not to be contacted. RED shall inform its partners if you state a preference not to be contacted. However, RED shall not be responsible or liable if a partner contacts you, permits a third party to contact you, or provides or discloses your registration data to any third party.
d) You agree that RED, its business partners, or their designees may disclose registration data to third parties about you and information about your use of the Site, provided that such disclosures do not include your name, mailing address, email address, telephone or facsimile number, or account number, unless:
(i) you have registered to receive any third party products or services, or have otherwise authorized such disclosure; or
(ii) such disclosure is required by law or legal process.
- USERNAME AND PASSWORD
In accessing and using various Site features, you may receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to
(i) immediately notify RED of any unauthorized use of your password or account or any other breach of security, and
(ii) ensure that you exit from your account at the end of each session.
RED cannot and will not be liable for any loss or damage arising from unauthorized use of your username and/or password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at RED’s sole discretion, and RED may refer you to appropriate law enforcement agencies.
a) The Site may contain links to other related Internet sites, resources, and our sponsors. Your dealings or communications through the Site with any party other than RED are solely between you and that third party. Under no circumstances will the Site be liable for any goods, services, resources or content available through such third-party dealings or communications, or for any harm related thereto. Please review carefully that third party’s policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Since we are not responsible for the availability of these outside resources, or their contents, you should direct any complaints, concerns or questions regarding any external link to such site’s administrator.
b) If you operate a web site and wish to link to the Site, you may link either to our home page or to any other page or sub-domain of the Site. You may not frame or utilize framing techniques that involve any trademark, logo, copyrighted material or other proprietary information (including images, text, page layout, or form) of any portion of the Site without our express written consent. You may not alter or modify in any way, the Site, including using any software to suppress or alter the display of advertising on the pages of the Site. In addition, you agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, not to insert any code or product or manipulate the content of the Site in any way that affects the user’s experience, and not to use any data mining, robots, cancel-bots, Trojan horse, or any data gathering or extraction method in connection with your use of the Site.
- REPRESENTATIONS AND WARRANTIES
a) You expressly agree that use of the Site and the Services is at your own risk. Neither RED nor any of their affiliates, employees, agents, content providers or licensors make any representations or warranties of any kind regarding the Site or the Services, the Content or the results that may be obtained from use of the Site.
b) None of RED, their affiliates, employees, agents, content providers and licensors shall be liable for any damages or losses, including direct, indirect, consequential, special, incidental or punitive damages, resulting from or caused by the Site or its content, including losses related to your use or inability to use the Services, any errors, omissions or defects in the content, or any interruptions, delays in transmission or computer viruses.
c) RED is a distributor with regard to content supplied by third-party suppliers and users and, as such, we have no more editorial control over such content than a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of RED. RED does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed on the Site by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk.
- FEES AND PAYMENTS
RED reserves the right at any time to charge fees for access to portions of the Site or particular Services offered. However, in no event will you be charged for access to these Services unless we obtain your prior agreement to pay such charges. All new fees, if any, will be posted appropriate locations on the Site. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including charges for any products or services offered for sale through the Site by RED or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Service through your account.
- SOFTWARE LICENSES
a) With respect to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Site and the Services provided: (a) you shall have no rights to such software; (b) you may not sublicense, assign or transfer any licenses granted by RED, and any attempt at such sublicense, assignment or transfer shall be null and void; (c) you may make one copy of such software for archival purposes only; and (d) you may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from such software.
b) Any software that is made available to download from the Site is the copyrighted work of RED’ suppliers. Use of such software is governed by the terms of the end-user license agreement, if any, which accompanies or is included with such software. End users shall not install or use any such software that is accompanied by or includes an end-user license agreement unless the end user first agrees to the license agreement terms. Any such software is not available to users in territories where its distribution is prohibited by law.
- INTERNATIONAL USERS
The Site is controlled, operated and administered by RED from its offices within the United States. RED makes no representation that materials or Content available through the Site are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Content in violation of U.S. export laws and regulations. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws.
- INDEMNITY/LIMITATIONS OF LIABILITY
a) As a condition of use of the Site and the Services, you agree to indemnify, defend and hold harmless RED, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees from and against any and all claims, liability and costs, including attorneys’ reasonable fees, arising from or relating to any allegation regarding
(i) your use of the Site and/or Services,
(ii) RED’s use or distribution of any content or information you provide,
(iii) information or material posted or transmitted through your account, even if not posted by you, and
b) You shall cooperate as fully as reasonably required in the defense of any such claim. RED reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
c) Under no circumstances, including negligence, shall RED, or its affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the Content, unauthorized access to or alteration of your transmissions or data, the Content or any errors or omissions in the Content, even if advised of the possibility of such damages. You specifically acknowledge and agree that RED is not liable for any conduct of any user.
d) If you are dissatisfied with any RED material, or with any of RED’s terms and conditions, your sole and exclusive remedy is to discontinue using the Site.
- TAKE DOWN POLICY
RED respects the intellectual property rights of others and expects others to do the same. Accordingly, and pursuant to the Digital Millennium Copyright Act, 17 U.S.C. 512 (the “DMCA”), RED (also identified herein as “we” or “us”) has adopted the following policy. If you (with end users, claimants, or visitors identified herein as “You”) believe that any materials made accessible by RED have been used or copied in a way that infringes your copyright or other intellectual property rights, You may request removal of those materials from RED by providing us with the following information:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• A description of the copyrighted work or other intellectual property that You claim has been infringed;
• A description of where the material that You claim is infringing is located on RED site or service (including the specific URL of each item in dispute, which should help us to quickly locate the relevant content);
• Your address, telephone number, and email address;
• A statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A notarized statement by You, made under penalty of perjury, that the above information in your notice is accurate and that You are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.
FAILURE TO INCLUDE ALL OF THE ABOVE INFORMATION, ESPECIALLY A NOTARIZED STATEMENT AND SPECIFIC URLS WHERE CONTENT MAY BE FOUND, WILL RESULT IN A DELAY IN THE PROCESSING OF YOUR DMCA NOTIFICATION AND MAY RESULT IN YOU HAVING TO REPEAT SOME OR ALL OF THE ABOVE PROCESS. RED WILL NOT TAKE RESPONSIVE ACTION TO REMOVE CONTENT UNTIL ALL OF THE NECESSARY INFORMATION IS PROVIDED.
a)Notice And Takedown
If RED receives proper notification of claimed copyright infringement, it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing, as described below, or to be the subject of infringing activity. RED will also comply with the appropriate provisions of the DMCA in the event a counter-notification is received, as further described below. In addition, RED may, at its discretion, deny access to its site by disablement and/or termination of accounts.
b) Designated Agent
Notice of claims of copyright or other intellectual property infringement can be delivered as follows, by emailto:firstname.lastname@example.org
Upon receipt of proper notification of claimed infringement, RED will follow the procedures outlined herein.
c) Copyright Counter-Notices
If content You posted on the site was removed due to a claim(s) of copyright or intellectual property infringement and You would like to dispute that removal, the process for counter-notifications is governed by Section 512(g) of the DMCA:
• To file a counter-notification with us, You must provide a written communication that sets forth the items specified below.
• Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of users (and removal of content from users) who are infringers. Accordingly, if You are not sure whether certain material infringes the copyrights of others, we suggest that You first contact an attorney.
d) Elements of Counter-Notification
To expedite our ability to process your counter-notification, please use the following format (including section numbers):
• Identify the specific URLs of material that RED has removed or to which RED has disabled access.
• Provide your full name, address, telephone number, email address and, if You are a registered RED user, the user name of your RED account.
• Provide a notarized statement that You consent to the jurisdiction of the courts of the state of Delaware, and that You will accept service of process from the person who provided notification to RED in accordance with the process outlined above or an agent of such person.
• Include the following statement: “I swear, under penalty of perjury, that I have a good-faith belief that the material was removed or disabled as a result of a mistake or mis-identification of the material to be removed or disabled.”
• Sign the notice. If You are providing notice by e-mail, a scanned physical signature or a valid electronic signature will be accepted. Send the communication to the following email address: dmca@REDadar.com
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it may include any of your identifying information set forth in the counter-notification. By submitting a counter-notification, You, therefore consent to having such identifying information revealed in this way.
After we send out the counter-notification, the claimant must then notify us within ten (10) days that he or she has filed an action seeking a court order to restrain You from engaging in infringing activity relating to the material on the site. If we receive such notification, we will be unable to restore the items. If we do not receive such notification, we may, but are not obligated to, reinstate the disputed item(s).
f) Foreign Counter-Notification
If You reside outside of the United States, please understand that filing a counter-notice may lead to legal proceedings between You and the complaining party to determine ownership. Therefore, please be aware that there may be adverse legal consequences in your country and/or the United States of America if You make a false or bad faith allegation by using this process. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of users who are infringers. So, if You are not sure whether content You posted on the site is being infringed, or are otherwise unsure of whether to file a counter-notification using these procedures, we recommend You first contact a lawyer knowledgeable in the laws of the United States and the state of Delaware. If You do wish to file a counter-notice, You should follow the process set forth above under the heading “Elements of Counter-Notification.”
a) RED may, in its sole discretion, terminate, block or suspend your access to all or part of the Site or the Services offered for any reason, including breach or assignment of this Agreement. b) Termination of this Agreement for any reason, will not affectsurvivalof those provisions of this Agreement for which survival is equitable or appropriate.
- a) This Agreement is accepted upon your use of the Site or any of the Services. This Agreement constitutes the entire agreement between you and the Site regarding the use of the Site and the Services and shall be deemed to include all other notices, policies, disclaimers, and other terms contained in the Site; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control.
b) The failure of RED to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. If any provision is deemed to be unlawful or unenforceable, that shall not affect the validity and enforceability of the remaining provisions.
c) This Agreement has been made in and shall be construed and enforced in accordance with Delaware law and operates to the fullest extent permissible by law. Any action to enforce this Agreement shall be brought in the federal or state courts located in the state of Delaware. Any rights not expressly granted herein are reserved.