This End-User Services Agreement ("EUSA") is an agreement between you (the "User") and AnnounceMyMove LLC, parent company of AnnounceMyMove.com, AnnounceMyListing, and AnnounceMyNews, collectively known as “AnnounceMyMove”. By using the services provided on AnnounceMyMove, you agree to be bound by the terms herein:
1. Services
AnnounceMyMove is an interactive web-based program which provides internet access to media-rich webpages (called “Announcements”) containing information and content supplied by you, the User, for informational purposes. Commencing upon acceptance of this Agreement, AnnounceMyMove will host your announcement on their website for view by the general public for a period of one year (“the Hosting Period”), or until such time as you request that it be removed from the internet.
2. Content
All data, files, images, and programs which produce the Announcement (collectively known as the “Content”) will be stored and accessed from AnnounceMyMove’s servers. “Announcement types” include, but are not limited to: listing Announcements, moving Announcements, house warming invitations, and relocation Announcements. Announcements may contain personal information, including the names, physical addresses, and e-mail accounts of the homeowner and/or Real Estate agent, as well as text, links to external webpages, embedded video feeds, photos, maps, floor plans, and other graphic images.
User acknowledges that AnnounceMyMove does not take any responsibility for such content. User acknowledges and agrees that AnnounceMyMove does not endorse the content of any communications published on the Announcements, and is not responsible or liable for any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, indecent, tortious, or otherwise objectionable content, or content that infringes or may infringe the intellectual property or other rights of another.
This section pertains to Users who are Real Estate Professionals
MLS Data and “AnnounceMyListing” Users
In addition to the content listed above, Announcements may include photos of a property listed for sale and other MLS (Multiple Listing Service) data, including: price, date listed, sale status, links to MLS listing and sales reports, historical sales data, area demographics, virtual tours, and property descriptions. During normal use of the AnnounceMyListing software, content may be transferred via a “data feed” from your MLS to AnnounceMyMove. AnnounceMyMove has entered into a separate agreement with your MLS service provider, allowing active MLS Board members (or subscribers) a nontransferable, nonexclusive license to use “approved” MLS data and images in conjunction with the “AnnounceMyListing” program. “Approved MLS content” includes all content supplied to AnnounceMyMove.com by your MLS at the time you created the Announcement.
If you are a Real Estate professional using the AnnounceMyListing program, you hereby warrant that you are an active member of the subscribed MLS Board, and therefore are legally entitled to the use of such approved MLS content. You further warrant that any MLS or property data you add to the Announcement, which was NOT transferred automatically by your MLS, is of your own design and/or you have the right or permission to uses such data or content. You agree to hold harmless AnnounceMyMove LLC against any claims made by your MLS Board for use of any content they deem as “unauthorized”. At the request of your MLS Board, AnnounceMyMove reserves the right to remove any content the MLS Board deems as “unauthorized” without prior notice.
Agent Images and Marks
Photos of the Agent, Company logos or logos used by professional designations or organizations, such as the Realtor “R” symbol, (collectively known as “Agent Images”) may be used by AnnounceMyMove for use in the published Announcements. By utilizing any type of Agent Image, you warrant that you are legally entitled to the use of such images.
3. User Conduct
User agrees to abide by all applicable local, state, national, and international laws and regulations during use of the Services, and agrees not to interfere with the use and enjoyment of the Services by other users. User agrees not to upload, post, email, or otherwise transmit through the Services: (a) any unlawful, harassing, libelous, privacy invading, threatening, harmful, obscene, or otherwise objectionable material of any kind; (b) any material that violates the rights of another, including, but not limited to, the intellectual property rights of another; or (c) unsolicited or unauthorized advertisements, promotional materials, "junk mail," "spam," "chain letters," or other forms of solicitation. User acknowledges and agrees that AnnounceMyMove may ban User from future use of the Services if User does not comply with AnnounceMyMove's standards of conduct, even if User attempts to use the Services through another or under a different name. Furthermore, User acknowledges and agrees that AnnounceMyMove may recover damages from User if User violates these terms.
4. Termination
User agrees that AnnounceMyMove (or User’s MLS Board if applicable) has the right to terminate User's use of the services if AnnounceMyMove believes: (i) that User has violated or acted inconsistently with this Agreement; or (ii) that User has violated the rights of AnnounceMyMove. User agrees AnnounceMyMove may immediately delete User's account and all related information, communications, and files, and may bar any further access to such account, communications, files, or the Services under any provision of this Agreement. User also acknowledges and agrees that termination of any of the Services may be effected without prior notice.
5. AnnounceMyMove’s Proprietary Rights
User acknowledges and agrees that content, including, but not limited to, text, software, music, sound, photographs, graphics, video, or other material contained in sponsor advertisements or information presented to User through the services or third party advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. User acknowledges and agrees that User is permitted to use this material and information only as expressly authorized by AnnounceMyMove, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without such express authorization.
6. Disclaimer of Warranties
User expressly agrees that use of the services is at the User’s sole risk. The services are provided on an “As Is” and “As Available” basis. AnnounceMyMove shall not be deemed to be in default of or to have breached any provision of this Agreement as a result of any delay, failure in performance or interruption of the Services, resulting directly or indirectly from acts of God, acts of civil or military authority, civil disturbance, war, strikes or other labor disputes and disturbances, fire, transportation contingencies, shortages of facilities, fuel, energy, labor or materials, or laws, regulations, acts or order of any government agency or official thereof, other catastrophes, or any other circumstances beyond AnnounceMyMove’s reasonable control. In the event of any such delay or failure, the parties shall defer performance of the Services to a date and time mutually agreeable.
UNLESS OTHERWISE SPECIFIED, ANNOUNCEMYMOVE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ANNOUNCEMYMOVE MAKES NO WARRANTY THAT THE SERVICES WILL MEET USER'S REQUIREMENTS OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES ANNOUNCEMYMOVE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES. USER UNDERSTANDS AND AGREES THAT ANY INFORMATION, CONTENT, DATA, OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH OR FROM THE SERVICES IS OBTAINED AT USER'S OWN DISCRETION AND RISK, AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
7. Limitation of Liability
USER AGREES THAT ANNOUNCEMYMOVE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR FROM MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES, OR RESULTING FROM UNAUTHORIZED ACCESS, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF ANNOUNCEMYMOVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER FURTHER AGREES THAT ANNOUNCEMYMOVE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION, OR TERMINATION OF SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL, OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION, OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. USER ACKNOWLEDGES AND AGREES THAT IN NO EVENT SHALL ANNOUNCEMYMOVE BE LIABLE FOR ANY DAMAGES, WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF COMPLIANCE OR REASONABLE ATTEMPTS TO: (i) COMPLY WITH UNITED STATES COPYRIGHT ACT; OR (ii) SATISFY REQUIREMENTS TO QUALIFY FOR THE SAFE HARBORS DESIGNATED IN SECTION 512 OF THE DIGITAL MILLENNIUM COPYRIGHT ACT. |