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MyREALTY

MyREALTY.com Terms of Service

By using MyREALTY.com, you agree to the following terms and conditions, and any policies, guidelines or amendments thereto that may be presented to you from time to time (collectively, the "Terms of Service"). We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. You are responsible for regularly reviewing the Terms of Service to stay apprised of any and all modifications. Your continued use of the Web site after any such changes constitutes your acceptance of the new Terms of Service. MyREALTY.com Terms of Services can be accessed online at http://www.MyREALTY.com/About/Terms_of_Service.aspx .

1. USE OF SERVICES

In consideration of your use of MyREALTY.com, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. In order to access certain services, you may be required to provide current, accurate identification, contact, and other information as part of the member registration process and/or continued use of the services offered by MyREALTY.com Inc., and its subsidiaries, partners or affiliated companies ("MyREALTY"). You are responsible for maintaining the confidentiality of your MyREALTY account member login and password, and are responsible for all activities that occur under your account. You agree to immediately notify MyREALTY of any unauthorized use of your password or account or any other breach of security. MyREALTY cannot and will not be liable for any loss or damage arising from your failure to comply with this Use of Services policy. MyREALTY reserves the right to refuse service to anyone at any time without notice for any reason.

2. RIGHTS OF USE

All software and code, including, but not limited to, all scripts, source code, language, XML, DHTML, HTML contained within the MyREALTY.com site, products, and services (“Software”) is owned by MyREALTY.com and/or its Licensors and as such is protected by international treaty provisions as well as copyright laws and other intellectual property laws. Any unauthorized access, display, reproduction, modification, redistribution, publication, duplication, or other use of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent permitted by law.

MyREALTY grants you a personal, non-transferable and non-exclusive right and license to use its Software on a single computer via the web; provided that you do not personally copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software or grant access to another for same purposes. You agree not to access MyREALTY.com by any means other than through the interface that is provided by MyREALTY.com for use in accessing MyREALTY.com products and services. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to MyREALTY services.

3. ACCEPTABLE USE AND APPROPRIATE CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. You understand that by using MyREALTY.com services, you may be exposed to Content that is offensive, indecent or objectionable.

You agree that you are responsible for your own conduct and Content while using MyREALTY.com and for any consequences thereof. You agree to use MyREALTY.com only for purposes that are legal, proper and in accordance with these Terms of Service and any applicable policies or guidelines.

4. NON-ACCEPTABLE USE

You agree that when using MyREALTY.com, by way of example, and not as a limitation, you will not engage in any of the following practices, or to allow anyone else to engage in the following practices, in using the web site, products, or services offered:

Posting, Uploading or Submitting Listings other than real estate

The posting of anything other than real property for sale, rent or lease in the Real Estate section of MyREALTY.com.

Misuse of data fields

The placing of irrelevant or incorrect data in an information, description or image field.

Posting, Uploading or Submitting Wrong Photo(s), Picture(s), or Image(s)

The uploading or submission of a photograph, drawing or other image that is not a photograph, drawing or image of the property being offered for sale, rent or lease. Displaying photos of properties other than the property for sale or lease is not acceptable. Any ‘photo coming soon’ or placeholder images are also not acceptable. Any rendering of the home intended to fully replace photographs such as artwork, sketch or other graphic design which is an actual rendition of the actual property may be acceptable, however this acceptability will be at the sole discretion of MyREALTY.com.

Providing incorrect, inaccurate, or false address and/or location of property

The uploading or submitting of street names, neighborhood(s), suburb(s), or any other location information that is inaccurate. For example: stating that a property is within a neighboring sub-division or area is not acceptable. If in doubt, do not enter incorrect location data as erroneous data may result in your property listing being removed from the system.

Posting, Uploading or Submitting Duplicate listing(s) of properties

The creation of more than one listing for the same property is not an acceptable use of the Service (for example: listing a single property more than once, but with different prices). A genuine listing of multiple units at the same address is not considered a duplicate listing of properties.

Posting, Uploading or Submitting listing(s) of multiple dwellings at the same physical street address

The posting or submission of multiple properties at the same street address is not acceptable. Using the same titles, images or descriptions for these listings is not acceptable.

Posting, Uploading or Submitting animated logos, graphics and image files

The posting of submission of animated .gif, flash, or other animated and/or motion enabled files through the Service for display as a logo or image, including image slideshows.

Posting, Uploading or Submitting without proper authority

The posting or submission of a property listing that you have not been authorized to market for sale, rent or lease.

Impersonating other persons or otherwise disguising your identity

The use of the MyREALTY service(s) in way that is impersonating another person or persons.

Reselling or Remarketing MyREALTY.com Service(s), Product(s) or Content

The reselling of any MyREALTY.com Products or Service or its Content to any other person or entity is not acceptable unless permission has been expressly granted, in writing, by MyREALTY.com, Inc.

Allowing others to use your MyREALTY.com Membership, Access, or Service

The granting of access to any other user via your member login for MyREALTY.com.

Engaging in misleading or deceptive conduct

The use of MyREALTY.com service(s) in any way that is, or may potentially be likely to be, misleading and/or deceptive to the public users of MyREALTY.com.

Disrupting service or access to members

Any actions directly or indirectly causing the intentional interference with or disruption to MyREALTY services, products, servers or networks.

Engaging in unauthorized use of MyREALTY.com services and information

The use of any application or means to retrieve or index any portion of MyREALTY.com website, data, membership or services or the collection of information for any unauthorized purpose .

Removing or masking marks, notices or ownership demarcation(s)

The removal of any copyright, trademark or other proprietary rights notices contained in or on MyREALTY.com products or services, including those of our partners and affiliates.

Creating false member accounts

The creation of user accounts by means other than the standard MyREALTY.com member registration process or under false or fraudulent pretenses, either individually or en mass.

Presenting false representation or endorsement of information by MyREALTY.com

The submission of any Content that falsely expresses or implies that such Content is sponsored or endorsed by MyREALTY.

Posting, uploading, distributing and/or downloading of restricted or prohibited Content

The posting, uploading, distributing or downloading of any file, in any manner, via MyREALTY.com that you know, or reasonably should know, cannot be legally distributed as such.

5. OTHER INAPPROPRIATE CONTENT

Using any MyREALTY.com Product or Service for any unlawful, illegal, malicious or improper purpose is expressly forbidden. You agree that it is not acceptable to display any Content whatsoever that:

    may defame or discredit another person or business, or disclose private, personal or otherwise confidential information

    might infringe the intellectual property rights of others

    may violate any law, regulation, standard, Content requirements or code

    may promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual

    may transmit any viruses, worms, defects, Trojan horses, or any items of a destructive or malicious nature

While MyREALTY.com prohibits such conduct and Content, you understand and agree that we provide an open directory of information in various categories and classifications. As such we reserve the right (but not the obligation) to pre-screen, refuse or remove any Content submitted to MyREALTY.com. You also understand and agree that you may potentially be exposed to such inappropriate and/or unauthorized conduct and/or Content and that you use MyREALTY.com at your own risk.

You agree to comply and maintain continual compliance with all applicable domestic and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of MyREALTY.com and its services.

6. MyREALTY.com PRIVACY POLICY

We take your privacy very seriously and collection and use of personal information is governed by our Privacy Policy. Please see our Privacy Policy at http://www.MyREALTY.com/About/PrivacyPolicy.aspx

7. USER SUBMITTED CONTENT

By submitting, posting or displaying any information, data, or materials (“Content”) on or through MyREALTY.com, you hereby grant to MyREALTY.com a limited license to use, modify, publicly perform, publicly display, reproduce, distribute, publish, and otherwise use such Content (including all components or underlying works) solely on and through the MyREALTY.com services.

Without this license, we would be unable to provide the MyREALTY.com service. For example, without the right to modify your Content, we would not be able to reformat and compress image files that you submit or otherwise format data to satisfy general and specific technical requirements. Likewise, without the right to publicly perform works of Content such as audio, video, and other multimedia files we would not be able to allow users and members to listen to audio advertisements on web pages, MyAd Plus, Property Details pages, and various other services of MyREALTY.com.

MyREALTY.com is made up of internet-based services, has a global reach, and leverages many 3rd party partners, affiliates, and subcontractors to deliver its services. As such the license you grant to MyREALTY.com is non-exclusive, perpetual, sub licensable, fully-paid, royalty-free, and worldwide.

The license does not grant MyREALTY.com the right to sell your Content, nor does the license grant MyREALTY.com the right to distribute your Content outside of the MyREALTY.com services.

You represent and warrant that: (i) you own the Materials posted or submitted by you on or through the MyREALTY.com or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Materials on or through MyREALTY.com does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted or submitted by you to or through MyREALTY.com or its services.

8. COPYRIGHT & TRADEMARK POLICIES

By submitting or posting Content to MyREALTY.com, you authorize MyREALTY.com to use your trademarks, service marks, trade names, proprietary logos, domain names and any other source or business identifiers in connection with MyREALTY.com's authorized use and distribution of said Content.

9. MODIFICATIONS TO SERVICE

MyREALTY.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, MyREALTY.com services or products (or any portion thereof) with or without notice. You agree that MyREALTY shall not be liable to you or to any third party for any modification, suspension or discontinuance of MyREALTY services or products.

10. TERMINATION

You may cancel your use of MyREALTY.com services and/or terminate this Terms of Service with or without cause at any time by providing notice to MyREALTY.com at support@MyREALTY.com. MyREALTY.com may at any time, at its sole discretion, and for any reason, including a period of account inactivity, terminate your access to MyREALTY.com services, terminate this Terms of Service, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other Content contained in your account although residual copies of information may remain in our system. Except as set forth above or unless MyREALTY.com has previously canceled or terminated your use of MyREALTY.com services MyREALTY.com will make reasonable attempts to notify you via email of any such termination or cancellation, which shall be effective immediately upon the transmittal or attempted transmittal of such notice. Sections 13 through 18 of the Terms of Service (including the section regarding limitation of liability), shall in all cases survive expiration or termination.

11. ADVERTISEMENTS

MyREALTY.com contains various products and services which may be, at times, supported by the display of advertisements and advertising revenue. The features, delivery and manner of advertising present on MyREALTY.com and its services are subject to change. You agree that MyREALTY shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any interactions or transactions with advertisers or as the result of the presence of such advertisers on any MyREALTY.com products and services.

12. LINKS

MyREALTY.com, its services, members, advertisers, or third parties may provide links or references to third party sites which will allow you to leave the site or open an additional browser window connecting you to the site. You acknowledge and agree that MyREALTY is not responsible for the availability of such external sites, pages or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other information or materials on or available from such sites or resources. You acknowledge that MyREALTY.com disclaims all liability with regard to your access to such linked web sites and pages, and access to any other Internet resources linked to MyREALTY.com and its products and services is at your own risk. You further acknowledge and agree that MyREALTY 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 use of or reliance on any such Content, goods or services available on or through any such site or resource.

13. INDEMNITY

You agree to hold harmless and indemnify MyREALTY.com, and its subsidiaries, corporate affiliates, directors, officers, agents and employees, advertisers or partners, from and against any third party claim arising from or in any way related to your use of MyREALTY.com services, violation of these Terms of Service or any other actions connected with use of MyREALTY.com services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.

14. DISCLAIMER OF WARRANTIES

NO WARRANTIES

WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, AND CONTENT ON THE SITE. WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED NOR THAT CONTENT IN THIS SITE ARE ACCURATE, COMPLETE, TIMELY, SECURE, OR ERROR-FREE. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO USER SUBMITTED CONTENT.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF MYREALTY.COM SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL

15. LIMITATION OF LIABILITY

IN NO EVENT SHALL MYREALTY.COM, INC., ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF USE, OR LOSS OF PROFITS) WHETHER IN AN ACTION IN CONTRACT, TORT, EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS OR SERVICES, ANY OTHER MATTER RELATING TO MYREALTY.COM SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

16. NO THIRD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third party beneficiaries to the Terms of Service.

17. NOTICE

You agree that MyREALTY may provide you with notices by email, postal mail, or internet postings on MyREALTY.com, including those regarding changes to the Terms of Service.

18. GENERAL INFORMATION

Entire Agreement

The Terms of Service constitute the entire agreement between you and MyREALTY.com and govern your use of MyREALTY.com products and services, and as such supersede any prior agreements between you and MyREALTY.com, Inc. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other MyREALTY services, products, partner and affiliate products and services, and third-party data, Content, or software.

Choice of Law and Forum

The Terms of Service shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions. You and MyREALTY agree to submit to the personal and exclusive jurisdiction of the courts located within Arapahoe County, Colorado

Waiver and Severability of Terms

The failure of MyREALTY.com, Inc. to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of MyREALTY.com services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.