Commencing on the date on which you initiate membership or trial membership, you will have use of the Real Estate Shows services (hereafter “Services”) pursuant to the terms and conditions set forth herein. The Services shall continue until the Services are terminated and/or canceled by Real Estate Shows, as set forth herein, or Real Estate Shows ceases to offer the Services to the general public.
You hereby certify that you are not a minor. For purposes of identification, billing and marketing, you must provide accurate, complete, and updated information to register for use of the Services, including your legal name, address, telephone number(s), email address, and applicable payment data (for example, a credit card number and expiration date).
DISCLOSURE OF PERSONAL INFORMATION
Except as set forth in this privacy statement, we do not disclose, sell, rent, loan, trade or lease any personally identifying information collected at our Sites to any third party. We will disclose personal information in the following circumstances:
MEMBER RESPONSIBILITIES AND USE LIMITATIONS
You agree that you will not place or allow anyone using your account to place any copyrighted material on the Service without the permission of the copyright owner or persons authorized by the copyright owner to grant permission. You are responsible for obtaining the necessary permission before permitting any copyrighted material that belongs to others to be placed on the Service. Real Estate Shows reserves the right to suspend or terminate the Services to you, in the event that you use the service in a way that (i) constitutes violation of any law, regulation or tariff (including, without limitation, copyright and intellectual property laws); (ii) is defamatory, fraudulent, obscene or deceptive; (iii) is intended to threaten, harass or intimidate; (iv) tends to damage the name or reputation of Real Estate Shows; or (v) interferes with other customers' use of the Services provided by Real Estate Shows. You understand and agree that any attempt to break security, or to access an account which does not belong to you, shall be considered a material breach of this Agreement, and such breach may, without limiting Real Estate Shows's other remedies, result in suspension or termination of the Services with no refund to you of any unused portion of your previously paid subscription. You further agree to immediately notify Real Estate Shows of (i) any unauthorized use of your account and/or (ii) any breach, or attempted breach, of security known to you. You further understand and agree that a Real Estate Shows membership is for your sole personal use and shall not be used by more than one individual person, unless consent is expressly obtained, in writing, from Real Estate Shows. In no event can a show or subscription be resold or used by a third party in any manner or for any reason whatsoever without the prior written consent of Real Estate Shows. In no event can a show or subscription be resold or used by a third party in any manner or for any reason whatsoever without the prior written consent of Real Estate Shows. Violation of this provision may, at the sole option of Real Estate Shows, result in the immediate termination of the subscription with no refund or partial refund at the time of termination.
You understand and agree that in the event your subscription is terminated or interrupted for any reason, including but not limited to the expiration of your subscription and/or your failure to renew your subscription, that all of your shows will be taken down and will not be viewable on any site, nor will they be able to be sent via email links to anyone. In the event you terminate or fail to renew your subscription and subsequently renew said subscription, all of your previously created shows will again be live and will be viewable in the same manner as before your subscription terminated or lapsed.
Every licensed person who is an employee, associate, or independent contractor of the Real Estate Agency listing the property for sale, including but not limited to a broker, agent, salesperson, and Realtor, who is entitled to compensation, directly or indirectly, resulting from the sale of a property shown in a Real Estate Shows show, and who uses Real Estate Shows, in any manner, to advertise or promote said property, shall be deemed to require a separate, individual subscription, whether or not their name appears on the listing. For example, if a Realtor lists, or secures a listing of a property for sale, that Realtor must have his/her own subscription even if the listing is legally the property of the Broker/Owner of the Real Estate Agency, and/or the Agency, for whom the Realtor performs services.
Real Estate Shows reserves sole discretion to determine whether any use of the service is a violation of this policy. This information is only a guideline, and is not intended to be all-inclusive. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.
Real Estate Shows will not routinely monitor the contents of your Real Estate Shows. You are solely responsible for any information contained in your presentations. However, if complaints are received regarding language, content, or graphics contained in your shows, Real Estate Shows may, at its sole discretion, remove the shows hosted on Real Estate Shows servers and terminate your membership. You may not use your shows to publish material that Real Estate Shows determines, in its sole discretion, to be unlawful, indecent, or objectionable. Unlawful content is that which violates any law, statute, treaty, regulation, or order. This includes, but is not limited to: obscene material; defamatory, fraudulent, or deceptive statements; threatening, intimidating, or harassing statements, or material that violates the privacy rights or property rights of others (copyrights or trademarks, for example). Indecent content is that which depicts sexual or excretory activities in a patently offensive matter as measured by contemporary community standards. Objectionable content is otherwise legal content with which Real Estate Shows concludes, in its sole discretion, it does not want to be associated with in order to protect its reputation and brand image, or to protect its employees, shareholders and affiliates. Any termination of any and all subscriptions for use of Prohibited Content as defined herein is not eligible for any pro-rata refunds of unexpired or unused subscription time. Objectionable content may include, without limitation:
1. Materials that depict or describe scantily-clad and lewdly depicted male and/or female forms or body parts, and which lack serious literary, artistic, political or scientific value.
2. Materials that suggest or depict obscene, indecent, vulgar, lewd or erotic behavior, and which lack serious literary, artistic, political or scientific value.
3. Materials that hold Real Estate Shows including its affiliates, employees or shareholders up to public scorn or ridicule.
4. Materials that encourage the commission of a crime; or which tends to incite violence; or which tends to degrade any person or group based on sex, nationality, religion, color, age, marital status, sexual orientation, disability or political affiliation.
Any activity on our network that is a violation of any state or federal law is a violation of this policy and will result in immediate termination of service. Any termination of any and all subscriptions for Illegal Activity as defined herein is not eligible for any pro-rata refunds of unexpired or unused subscription time. Without limitation, you may not use the web site to:
1. Transmit obscene materials
2. Intentionally spread or threaten to spread computer viruses
3. Gain or attempt to gain unauthorized access to any network, including Real Estate Shows's private network infrastructure
4. Access or attempt to access information not intended for you
5. Transmit pirated software
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
Real Estate Shows will make commercially reasonable efforts to provide continuous, uninterrupted, expedient, and error-free Service to you. Under no circumstances shall Real Estate Shows be liable to you or any other person for any special, incidental, consequential, or punitive damages of any kind, including without limitation, loss of profits, loss of income or cost of replacement Services.
You further understand and agree that Real Estate Shows has no control over third party networks you may access in the course of the use of the Services, and therefore, delays and disruption of other network transmissions are completely beyond the control of Real Estate Shows.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, REAL ESTATE SHOWS HEREBY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING IMPLIED WARRANTIES OF FITNESS, MERCHANTABILITY, AND PERFORMANCE. REAL ESTATE SHOWS MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES REAL ESTATE SHOWS MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED, OR OTHERWISE OBTAINED, THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE UPLOAD OR DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY REAL ESTATE SHOWS, ITS EMPLOYEES, LICENSORS, AGENTS OR THE LIKE, WILL CREATE A WARRANTY, AND YOU MAY NOT RELY ON SUCH ORAL ADVICE OR WRITTEN INFORMATION.
Through your use of the Services, you may have the opportunities to engage in commercial transactions with other Internet users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. REAL ESTATE SHOWS MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE SERVICES, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK.
There are links in this web site will let the user leave Real Estate Shows's site. The linked sites are not under the control of Real Estate Shows, and Real Estate Shows is not responsible for the content available on any other Internet sites linked to the web site. Real Estate Shows is providing these links to other Internet sites as a convenience to users, and access to any other Internet sites linked to this web site is at the user's own risk. The inclusion of any link does not imply a recommendation or endorsement by Real Estate Shows of the linked site.
You agree to indemnify and hold Real Estate Shows harmless from all claims, losses, liens, expenses, suits and attorneys' fees ("Liabilities") for all damages, including without limitation injuries to or death of any person and for damages to or loss of any property which may in any way arise out of or result from or in connection with your use of the Services. You agree to indemnify Real Estate Shows, in the event that your use of the Services (i) constitutes a violation of any law, regulation or tariff (including, without limitation, copyright and intellectual property laws); (ii) is defamatory, fraudulent or deceptive, (iii) is intended to threaten, harass or intimidate, or (v) interferes with other customers' use of the Services provided by Real Estate Shows.
Real Estate Shows shall not be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
APPLICABLE LAWS AND VENUE
These terms and conditions are governed by and construed in accordance with the laws of the State of California, applicable to agreements made and entirely to be performed within the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions can be filed only in state or federal court located in Los Angeles, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.
If any part of the Terms and Conditions of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms will continue in effect. We may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in Real Estate Shows. Except as expressly stated herein, the Terms constitute the entire agreement between you and us with respect to Real Estate Shows.