PLEASE READ VERY CAREFULLY THESE TERMS AND CONDITIONS BEFORE REGISTERING TO REALTOREUROPE.COM. THE TERMS AND CONDITIONS OF THIS AGREEMENT (THE "AGREEMENT") GOVERN YOUR PROVISION OF CONTENT TO REALTOREUROPE.COM (INCLUDING, IF APPLICABLE, YOUR LISTINGS AND USE OF THE WEBSITE TOOLS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU HAVE NO RIGHT TO LIST YOUR COMPANY INFORMATION OR UPLOAD AND LIST PROPERTIES ON THIS WEBSITE. THIS AGREEMENT BETWEEN YOU (AS DEFINED BELOW) AND REALTOREUROPE.COM AND ITS AFFILIATES ("REALTOREUROPE.COM" OR "WE" OR "US") IS SUBJECT TO CHANGE BY REALTOREUROPE.COM AT ANY TIME IN ITS SOLE AND ABSOLUTE DISCRETION. BY CLICKING ON THE "I AGREE WITH RULES AND CONDITIONS" BUTTON BELOW OR BY SIGNING THIS AGREEMENT YOU ACCEPT THIS AGREEMENT EITHER FOR YOURSELF OR ON BEHALF OF YOUR EMPLOYER OR ANOTHER ENTITY, AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND HAVE ENTERED INTO A BINDING AGREEMENT BETWEEN YOU AND REALTOREUROPE.COM. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER OR ANOTHER ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL LEGAL AUTHORITY TO BIND YOUR EMPLOYER OR SUCH ENTITY TO THESE TERMS AND CONDITIONS.
By entering into this Agreement, You are requested to provide your or your company‘s information and/ or list the properties you sell or rent, subject to the terms of this Agreement. "You" means you or, if you are entering into this Agreement on behalf of your employer or another entity, then "You" means that employer or entity and affiliates. We may revise the terms of this Agreement by providing the new terms and conditions for You to accept or reject when You next log in to the Website and by sending notice to You at your email address of record. You must accept or reject the new terms and conditions within thirty (30) days from the date the notice was sent to You, by logging into the Website at http://www.manage.realtoreurope.com/login.html or as otherwise designated in writing by RealtoEurope.com, and accepting or rejecting the new terms. If You do not accept or reject the new terms within the thirty (30) day period, this Agreement will be terminated and You will no longer be able to login to the Website and all information and data related to your company will be deleted from the Realtoreurope.com database and will not be published on RealtorEurope.com website.
1. Listing Information
Listing information about your company or properties on Realtoreurope.com website is subject to RealtoEurope's prior approval and Your continued compliance with the terms of this Agreement. We reserve the right to refuse listing to any applicant or participant at any time in our sole and absolute discretion, and to withdraw content, suspend, restrict and/or terminate the services provided under this Agreement and Your participation in the Program, immediately without notice to You and without liability to RealtoEurope.com, for any reason, including repeat violations of our copyright policy or other policies. You are solely responsible for keeping your email address and other contact information updated.
2. Your Content
After entering into this Agreement, You may designate content for display to end users by uploading such content directly to Us or by sending copies of Your content to RealtorEurope.com at email@example.com. All content so designated by You and contained within or provided by You in association with such content, including but not limited to all images, is referred to collectively as "Authorized Content." RealtoEurope.com shall have no obligation whatsoever to return any materials delivered to it for uploading under this Agreement.
3. Use of Content
By entering into this Agreement and uploading, sending or otherwise making available Your Authorized Content to RealtorEurope.com, you are directing and authorizing RealtoEurope.com to, and granting RealtoEurope.com a royalty-free, non-exclusive right and license to, host, cache, route, transmit, store, copy, modify, distribute, perform, display, reformat, excerpt, facilitate the sale or rental of copies of, analyze, and create algorithms based on the Authorized Content in order to
3.1. host the Authorized Content on RealtorEurope.com's servers,
3.2. index the Authorized Content;
3.3. display, perform and distribute the Authorized Content, in whole or in part, in the territory(ies) designated in the Form, in connection with RealtoEurope.com products and services now existing or hereafter developed, including without limitation for syndication on third party sites.
This license gives RealtoEurope.com the right to display Your Authorized Content via streaming and/or downloading technologies, and to display limited excerpts of Your Authorized Content for no fee to the end user. RealtorEurope.com may in its sole discretion display a link or links to the website You designate in the Form in connection with any display of Your Authorized Content, and to display links to third party commercial retailer web sites where purchases of the Authorized Content may be available, to the extent such third party commercial retailer web site serves as a distributor of the Authorized Content. You expressly agree that any and all links provided by You shall function properly and effectively to allow end users to transfer immediately to the intended and indicated site(s), and that You are solely responsible for maintaining and updating as necessary any such links. Failure to do so may result in immediate termination without notice to You. Notwithstanding the foregoing, RealtoEurope.com is not required to display any Authorized Content uploaded or otherwise provided to RealtorEurope.com, and may remove or refuse to display any Authorized Content. RealtorEurope.com is not responsible for any loss, theft, intellectual property infringement or damage of any kind to the Authorized Content.
4. Brand Features and Publicity
You hereby grant RealtoEurope.com a non-exclusive, world-wide, royalty-free license to use Your name and logo ("Brand Features"), in connection with Your Authorized Content, and to use limited excerpts from Your Authorized Content for advertising or promotional purposes, including without limitation the right to publicly display, perform, reproduce and distribute such excerpts and Brand Features on the Internet and in presentations, marketing materials, customer lists, financial reports and Web site listings of customers. If this Agreement is terminated, RealtorEurope.com may continue to use such excerpts and Brand Features in printed (versus "online") materials that are in existence as of the date of termination until such materials are depleted or are redesigned, whichever comes first.
You may use the Uploader for the sole purpose of providing Your Authorized Content to RealtorEurope.com. You must immediately notify Us of any known unauthorized use of the Uploader. You may not use the Uploader for any other reason, including but not limited to
5.1. selling or otherwise redistributing any aspect of the Uploader,
5.2. modifying, adapting, translating, or reverse engineering any portion of the Uploader;
5.3. attempting to break security, access, tamper with or use any unauthorized areas of the Uploader;
5.4. removing any copyright, trademark or other proprietary rights notices contained in or on the Uploader;
5.5. attempting to collect or maintain any information about other users of the Uploader or other third parties for unauthorized purposes;
5.6. transmitting any viruses, worms, defects, Trojan horses or other malicious code or items of a destructive nature; or
5.7. using the Uploader for any unlawful, harassing, abusive, criminal or fraudulent purpose.
6. Proprietary Rights
Nothing contained in this Agreement conveys any ownership right to Us in any of the Authorized Content, or other materials provided by You. You acknowledge that as between You and RealtorEurope.com, RealtorEurope.com owns all rights, title and interest in and to the Program, RealtorEurope.com products and services, and the Uploader and portions thereof, including without limitation, all intellectual property rights.
You agree not to disclose RealtorEurope.com Confidential Information without Our prior written consent. "Confidential Information" includes without limitation:
7.1. all RealtorEurope.com software, technology, programming, technical specifications, materials, guidelines and documentation relating to this Program;
7.2. any click-through rates, financial information (including pricing), business information, including operations, planning, marketing interests, products, and any other reporting information provided by RealtorEurope.com;
7.3. any other information designated in writing by RealtorEurope.com as "Confidential" or an equivalent designation or that would otherwise be reasonably considered confidential or proprietary under the circumstances.
It does not include information that has become publicly known through no breach by You, or information that has been independently developed without access to RealtorEurope.com Confidential Information, as evidenced in writing; rightfully received by You from a third party without a breach of confidentiality by such third party; or required to be disclosed by law or by a governmental authority.
8. Disclaimer and Limitation of Liability
THE WEBSITE, REALTOREUROPE.COM PRODUCTS AND SERVICES, ANY COPY PROTECTION, SECURITY FEATURES AND THE UPLOADER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. REALTOREUROPE.COM AND ITS LICENSORS AND THIRD-PARTY SERVICE PROVIDERS (INCLUDING BUT NOT LIMITED TO TELECOMMUNICATIONS, SERVER AND HOSTING SERVICES, POWER SUPPLIERS, AND OTHER SERVICE PROVIDERS (COLLECTIVELY, "SERVICE PROVIDERS") EXPRESSLY DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, AND PERFORMANCE OF THE PROGRAM, ANY TECHNOLOGY USED IN CONNECTION THEREWITH, THE AUTHORIZED CONTENT, TERRITORY RESTRICTION FEATURES AND TECHNOLOGY, AND THE UPLOADER, THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE AND WARRANTIES AS TO THE PERFORMANCE OF COMPUTERS OR NETWORKS. REALTOREUROPE.COM, ITS LICENSORS AND SERVICE PROVIDERS MAKE NO WARRANTY THAT ANY REALTOREUROPE.COM PRODUCTS OR SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE OR THAT THE RESULTS OR INFORMATION OBTAINED FROM USE OF REALTOREUROPE.COM PRODUCTS OR SERVICES WILL BE ACCURATE OR RELIABLE. IN NO EVENT SHALL REALTOREUROPE.COM, ITS LICENSORS AND SERVICE PROVIDERS BE LIABLE UNDER THIS AGREEMENT FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
YOU UNDERSTAND AND AGREE THAT YOU USE THE PROGRAM AND THE UPLOADER AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR AUTHORIZED CONTENT, AND FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE UPLOADER.
9. Representation and Warranties
By entering into this Agreement and uploading or otherwise providing Your Authorized Content to RealtorEurope.com, You represent and warrant to RealtorEurope.com the following:
9.1.1. You are at least 18 years of age if You are a natural person;
9.1.2. all of the information provided by You to RealtorEurope.com to enroll and participate in the Program is correct and current;
9.1.3. the Authorized Content is not, in whole or in part, obscene;
9.1.4. You have the Right to use all of the images and data of any sort in your Authorized Content, and you have the Right to grant the Licenses in this Agreement;
9.1.5 You hold and will continue to hold the necessary rights, including but not limited to all copyrights, trademark rights and rights of publicity in and to Your Authorized Content and Your Brand Features to enter into this Agreement and to grant the rights granted herein;
9.1.6. You have the legal right and authority to enter into this Agreement, to perform the acts required of You under the Agreement, and to grant the rights and licenses described in this Agreement.
You further represent and warrant that
9.2.1. the Authorized Content and the rights and licenses granted to RealtorEurope.com under this Agreement and RealtorEurope.com 's authorized use of Your Authorized Content (including the public display, public performance, distribution and reproduction of Your Authorized Content):
126.96.36.199. do not and will not violate any applicable law, statute, ordinance or regulation;
188.8.131.52. do not breach and will not breach any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort or contract theories.
9.2.2. that the web site (including products and services therein) You designate in the Form to which RealtorEurope.com may display a link in connection with the display of the Authorized Content does not and will not violate or encourage violation of any applicable law, statute, ordinance or regulation.
10. Termination and/or Withdrawal of Content
Either party may terminate this Agreement immediately upon written notice to the other party if the other party files a petition for bankruptcy, becomes insolvent, or makes an assignment for the benefit of its creditors, or a receiver is appointed for the other party or its business. You may terminate this Agreement for convenience upon thirty (30) days prior written notice. You may withdraw Your Authorized Content from public display at any time. RealtorEurope.com will use commercially reasonable efforts to remove Your Authorized Content from public display within thirty (30) days from receipt of notice of termination or withdrawal. RealtorEurope.com may at any time in its sole discretion and without liability to RealtorEurope.com terminate the Program or any product, service or feature offered on the Website, terminate this Agreement, or withdraw any Authorized Content from the Website.
11. Privacy and Information Rights
Unless provided for to the contrary in this Agreement, any and all notices or other communications or deliveries required or permitted to be made under this Agreement shall be sent
12.1. if to You at the electronic mail address You provide in Registration Form for Login;
12.2. if to RealtorEurope.com at the electronic mail address firstname.lastname@example.org or as otherwise provided in writing for such notice purposes.
Contact information shall be updated as necessary to ensure that each party has current information regarding all such contacts.