You may not use any Site to:
- violate any law or regulation;
- provide any false or misleading information on or through the Site;
- impersonate any person or entity, or misrepresent affiliation with a person or entity;
- violate or infringe other people’s intellectual property, privacy, publicity, or other legal rights;
- stalk, harass, or harm any Realtor or any another individual or business;
- promote, post or transmit anything that is illegal, abusive, harassing, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
- send or make unsolicited or unauthorized advertising or commercial communications, such as spam and telemarketing;
- transmit any malicious or unsolicited software;
- upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- use any means to “harvest,” “scrape,” “crawl,” “reverse engineer” or “spider” any Web pages or content contained in the Site (although we may allow operators of public search engines to use spiders to index some materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, and we reserve the right to revoke these exceptions either generally or in specific cases);
- use automated methods to use the Site in a manner that sends more requests to the Site servers in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser;
- interfere with or disrupt the Site.
- Ownership; Restrictions
We and/or Your Realtor license or own the content on the Site, including all software, text, and visual and audio content (collectively, “Our Content”) and the trademarks, logos, and brand elements that appear on the Site (“Our Marks”). Our Content and Our Marks are protected under U.S. and international laws. You will not (and will not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, or sell, assign, sublicense, grant a security interest in or otherwise transfer any right in Our Content. You agree not to modify Our Content in any manner or form, or to use modified versions of Our Content, including, without limitation, for the purpose of obtaining unauthorized access to the Site.
We welcome and appreciate feedback and suggestions. You understand that we cannot necessarily respond to or implement all feedback or suggestions, but if we do, you understand and agree that we may use them without compensation to you.
- Copyright and Intellectual Property
We respect the intellectual property rights of others. Upon proper notice, we will remove content from Sites that violates copyright or other intellectual property rights. We will also terminate the accounts of repeat infringers. If you believe your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please send our Agent for Notice a notification with all of the following information:
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Site;
- information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail 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;
- a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- your physical or electronic signature.
Please send all of the above information to the our Agent for Notice by e-mail at firstname.lastname@example.org or by mail at Agent for Notice c/o Social Agent Marketing, Inc., 1109 Garrett Way Mount Juliet TN 37112. Please do not send notices or inquiries about anything other than alleged copyright infringement or other intellectual property claims to our Agent for Notice.
- Changes to Sites
Your Realtor generally controls any changes to the Site. Realtors may change or discontinue their Sites at any time, with or without notice.
- TerminationYou may stop using the Site at any time. Social Agent Marketing may suspend or terminate the Site at any time at Social Agent Marketing discretion and without notice. Social Agent Marketing may also terminate, limit or suspend your access to the Site for any reason at any time and without notice. For example, Social Agent Marketing may terminate your access to this Site if you are not complying with these Terms or if Social Agent Marketing determines that you are a repeat infringer of third-party intellectual property rights.
Digital Millennium Copyright Act (“DMCA”)
Social Agent Marketing respects the intellectual property rights of others and expects you to do the same. Per the DMCA, Social Agent Marketing will respond expeditiously to claims of copyright infringement on the Site if submitted to Social Agent Marketing’s Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, Social Agent Marketing will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials.
If you believe that your intellectual property rights have been violated by Social Agent Marketing or by a third party who has uploaded materials to the Site, please provide the following information to Social Agent Marketing’s designated Copyright Agent listed below:
a. A description of the copyrighted work or other intellectual property that you claim has been infringed;
b. A description of where the material that you claim is infringing is located on the Site;
c. An address, telephone number, and e-mail address where Social Agent Marketing can contact you and, if different, an e-mail address where the alleged infringing party, if not Social Agent Marketing, can contact you;
d. A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;
e. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf;
f. Your electronic or physical signature.
Social Agent Marketing may request additional information before removing any allegedly infringing material. In the event Social Agent Marketing removes the allegedly infringing materials, Social Agent Marketing will immediately notify the person responsible for posting such materials that Social Agent Marketing removed or disabled access to the materials. Social Agent Marketing may also provide the responsible person with your e-mail address so that the person may respond to your allegations.
Social Agent Marketing reserves the right to terminate, limit or suspend any user’s access to the Site in the event of repeated infringing activity. If you believe that a user of this Site is a repeat infringer, please follow the above instructions to contact Social Agent Marketing’s Copyright Agent. Please include sufficient information to assist Social Agent Marketing in determining that the user repeatedly engaged in infringing activity.
Social Agent Marketing registered a designated agent with the Copyright Office pursuant to 17 U.S.C. 512(c). Social Agent Marketing’s designated Copyright Agent is:
Stephen Shane Atwell
Social Agent Marketing
1109 Garrett Way
Mount Juliet TN 37122
- Disclaimer and Limitations on Our Liability
YOU USE THE SITE AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Social Agent Marketing AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (REFERRED TO COLLECTIVELY AS “AFFILIATES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT).
IN PARTICULAR, SOCIAL AGENT MARKETING AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION PROVIDED TO SITE VISITORS BY OR ON BEHALF OF THE SITE CUSTOMER OR Social Agent Marketing OR ANY CONTENT AVAILABLE ON OR THROUGH THE SITE, OR THE CONTENT OF ANY WEB SITES OR RESOURCES LINKED TO THE SITE. SOCIAL AGENT MARKETING AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR INFORMATION; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM ACCESS TO OR USE OF THE SITE; (C) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (D) INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE; (E) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE BY ANY THIRD PARTY; (F) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SITE; OR (G) MATTERS BEYOND ITS OR THEIR REASONABLE CONTROL.
SOCIAL AGENT MARKETING AND ITS AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A REALTOR OR ANY THIRD PARTY ON OR THROUGH THE SITE OR ANY LINKED WEB SITE OR ANY TRANSACTIONS TAKING PLACE ON SUCH SITES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER SOCIAL AGENT MARKETING NOR ITS AFFILIATES WILL BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO USE OF THE SITE.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Social Agent Marketing may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Social Agent Marketing’s liability will be the minimum permitted under such law.
- Other Provisions