This licensed real estate broker’s website (“Site Broker”) is maintained and operated by RE SAFARI, INC.
Not to worry, the MLS requires these disclosures and you are free to work with any agent or broker you wish in buying or selling a home. You have no obligation and you can terminate your account at anytime.
- You are entering into a lawful consumer-broker relationship with the Site Broker as defined by applicable state law. You have no obligation to use the Site Broker to buy/sell a home.
- Any information you obtain from the Site Broker website is intended for your personal, non-commercial use.
- You have a bona fide interest in the purchase, sale, or lease of real estate on the Site Broker website.
- You will not copy, redistribute, or retransmit any of the information provided except in connection with your consideration of the purchase or sale of an individual property.
- You acknowledge that the individual Multiple Listing Service (MLS), which supplies the listing data, owns such data and you acknowledge the validity of the MLS's copyright to such data.
- The Site Broker also explicitly authorizes MLS employees, MLS members, or their duly authorized representatives to access the Site Broker website for the purposes of verifying compliance with MLS rules and monitoring the display of Participants' listings on the Site Broker site.
- I represent and warrant that I am over the age of majority, legally competent to make this Agreement, and have a bona fide interest in the purchase, sale or lease of residential real estate of the type accessible to Me through my Account. I represent and warrant that I will use my Account only for lawful purposes and will not use my Account to engage in any conduct that is unlawful or prohibited by this Agreement.
- I understand and agree that to access and use the functionality of my Account, I must register as a user of Broker’s VOW. I agree to provide true, accurate and complete information about myself, as prompted by the online Account registration process, including my name and valid email address. In addition, I agree to update my registration information as necessary to maintain its accuracy. I further understand and agree that Broker or Agent may require Me to change my Account password from time to time for security purposes.
- I understand that Broker or Agent may discontinue or change my Account at any time without notice to Me. I further understand that Broker and Agent do not make any commitment to update the information and content on my Account or the Broker VOW.
- I acknowledge and agree that my Account may contain advertisements and hyperlinks to third party websites that are not under the control of Broker or Agent and that neither Broker nor Agent is responsible for any content in any advertisement or hyperlink on my Account or the Broker’s VOW, or for any content in any hyperlinked website. I acknowledge that if I access a third party website from my Broker Account or the Broker VOW, I do so at my own risk. I understand that a hyperlink to a third party website does not imply that Broker or Agent endorses the content on, or the business of, the hyperlinked website. I understand that I am solely responsible for determining the integrity and reliability of the information in any advertisement or hyperlink on my Account or the Broker VOW, as well as the information on the hyperlinked website. I understand that my dealings with or participation in promotions of advertisers found on my Account or the Broker VOW, including payment for and delivery of goods and services, and any other terms (such as warranties) are solely between Me and such advertisers. I agree that neither Broker nor Agent shall be responsible for any loss or damage of any sort relating to my dealings with such third parties.
- I understand and agree that my Account and the Broker VOW may include information, tips, facts, views and opinions that Broker or Agent deem worthy of publication. ALL SUCH MATERIAL IS FOR INFORMATION PURPOSES ONLY AND IS NOT PROFESSIONAL ADVICE UPON WHICH I OR ANY THIRD PARTY SHOULD RELY IN MAKING ANY DECISION CONCERNING THE ACQUISITON OR SALE OF REAL PROPERTY, OR ANY PERSONAL, LEGAL, BUSINESS, FINANCIAL, OR OTHER DECISIONS.
- I understand that use of my Account does NOT impose a financial obligation on Me or create any representation agreement between Me and the Broker or Agent with whom I am collaborating through my Account. I acknowledge that by accepting this Agreement, I am entering into a lawful customer/broker relationship with Broker, and I understand and agree that any real estate brokerage services rendered to Me by reason of my use of the functionality available to Me at my Account are being rendered to Me solely by Broker or Agent, or individuals licensed as real estate brokers or agents who are affiliated with Broker, and not by any other party, whether or not the names or logos of such parties may appear on my Account.
- I understand that Broker or Agent may limit the number of properties displayed to Me in response to my search requests based upon a determination of the reasonable number of properties appropriate to be displayed in response to a single search request, given existing market conditions, technology limitations, total number of matching listings in the MLS database compilation, and other "reasonable use" restrictions deemed appropriate by Broker or Agent, which total number may vary from market to market and from time to time. I further understand and agree that the Broker or Agent may limit information about properties displayed to Me at my Account and that the information about real properties for sale or rent originates from real estate Multiple Listing Services (MLSs) in which Broker and Agent participate or subscribe.
- I agree that, as between Broker and Agent and myself, any electronic or printed real estate listing data, or other content derived from my Account or the Broker VOW, including any trademarks or service marks of Broker or Agent, or third party advertisers or service providers ("Site Materials" or “Content”), constitutes the copyrighted and proprietary property of Broker, Agent, or third parties from whom Broker or Agent has secured permission to display such Site Materials. I acknowledge and agree that the MLS that supplies the real estate data and images displayed to Me at my Account or the Broker’s VOW, owns all copyrights in and to such data and images and the MLS’ database compilation, and that I will not contest the validity of such copyright or ownership claims, nor assist others in doing so.
- If you believe in good faith that any Site Materials or Content posted to your Account or the Broker VOW contains any materials that infringe upon your copyright or other intellectual property rights, you may provide Broker, or Broker’s technology service provider with a notice pursuant ot the federal Digital Millennium Copyright Act (“DMCA”) in accordance with Broker’s DMCA Policy that can be viewed at the following hyperlink [insert hyperlink].
- I acknowledge that Broker has granted to Me only for as long as this Agreement is in effect a limited, non-assignable, and non-exclusive license to use my Account and the Site Materials solely for my personal and non-commercial use in conjunction with my bona fide potential purchase or sale of real estate of the type available through my Account. I will not copy, re-distribute, re-transmit, commercialize, sell, license, re-license, sub-license, or otherwise make the Site Materials available to any third party, use such Site Materials in any manner that competes with the business of Broker or any Agent, or the MLS that supplies the real estate data and images accessible to Me at my Account or the Broker VOW, nor will I assist others in doing so; provided that I may share information about individual properties that I may wish to purchase or rent with my spouse, children, other family members, loan officer, accountant, attorney or tax advisor.
- I will use my best efforts to cooperate with Broker and any Agent on reasonable terms in the event either Broker or Agent deem it necessary to seek to enjoin or otherwise prohibit the unauthorized use of my Account or the Site Materials displayed thereon by a third party.
I hereby grant Broker a non-exclusive, royalty-free, perpetual, worldwide license to copy, distribute, re-license, transmit, publicly display, publicly perform, reproduce, edit, translate, sublicense and reformat any materials or content that I submit or contribute to my Account or the Broker VOW, or transmit to Broker or Agent, including feedback, comments, and suggestions for improvement to the content or functionality of my Account or the Broker VOW (“Submissions”), and to use my name in connection with my Submissions in their discretion, provided that I may revoke my permission to use my name in connection with my Submissions by written notice to Broker. Broker or Agent are not obligated to publish or use any of my Submissions, and may remove such Submissions from display on my Account, or on any other web site at any time without notice to Me, and without my consent. I represent and warrant that any Submissions made by Me do not infringe upon the intellectual property rights of any third party. I understand and agree that Broker and any Agent do not assume any responsibility or liability for any material or content that I submit to or through my Account or the Broker VOW, or directly to Broker or any Agent. I understand that I am not entitled to any compensation for the use of my Submissions as licensed above.
I understand that I may not post to my Account or transmit to Broker or any Agent, any “Prohibited Submissions”, which shall include, but are not limited to, Submissions that are deemed by Broker in its sole discretion to be patently offensive, or promote racism, bigotry, hatred or physical harm of any kind against any group, individual, or property; harass or advocate harassment of another person; exploit people in a sexual or violent manner; contain violence or offensive subject matter or contain a link to an adult website; solicit personal information from anyone under the age of eighteen (18); promote or disseminate information that I know is false or misleading or promote illegal activities or conduct that are abusive, threatening, obscene, defamatory or libelous; promote or disseminate an illegal or unauthorized copy of another person’s copyrighted work; involve the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”; further or promote any criminal activity or enterprise or provide instructional information about illegal activities, violating someone’s privacy, or providing or creating computer viruses; solicit passwords or personal identifying information for commercial or unlawful purposes from other users; or include a photograph of another person that is posted without that person’s consent. Broker reserves the right in his, her, or its sole discretion to investigate and take appropriate legal action against anyone who Broker has reason to believe has violated this provision, including without limitation, removing the offending Submissions from any Accounts, or other websites hosted or maintained by Broker on which they appear, and terminating the Accounts of such persons.
BROKER AND ANY AGENT DO NOT ASSUME ANY RESPONSIBILITY FOR, AND EXPRESSLY DISCLAIM, ANY AND ALL LIABILITY FOR ANY OF YOUR SUBMISSIONS. BROKER AND ANY AGENT DO NOT ASSUME ANY RESPONSIBILITY FOR MONITORING SUBMISSIONS AND, IF AT ANY TIME BROKER CHOOSES, IN HIS, HER OR ITS SOLE DISCRETION, TO MONITOR SUBMISSIONS, BROKER AND ANY AGENT NONETHELESS DOES NOT ASSUME ANY RESPONSIBILITY FOR THE SUBMISSIONS, ANY OBLIGATION TO MODIFY OR REMOVE ANY INAPPROPRIATE, INACCURATE OR PROHIBITED SUBMISSION, OR ANY RESPONSIBILITY FOR YOUR OR ANY OTHER ACCOUNT HOLDER’S CONDUCT IN SUBMITTING ANY SUBMISSION. FURTHERMORE, BROKER DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, CONCERNING YOUR ABILITY TO RELY UPON ANY SUBMISSIONS SUBMITTED BY OTHER ACCOUNT HOLDERS OR OTHERS, OR ANY SUBMISSIONS THAT YOU TRANSMIT TO OTHER ACCOUNT HOLDERS OR OTHER PERSONS.
- BROKER AND ANY AGENT USE GOOD FAITH EFFORTS TO PROVIDE ACCURATE, COMPLETE, AND CURRENT INFORMATION ON YOUR ACCOUNT AND THE BROKER VOW, BUT I UNDERSTAND THAT IT IS MY RESPONSIBILITY TO VERIFY ANY INFORMATION PROVIDED ON OR THROUGH MY ACCOUNT OR THE BROKER VOW. NEITHER BROKER OR ANY AGENT GUARANTEES OR WARRANTS THAT THE CONTENT ON ANY ACCOUNT OR THE BROKER VOW IS ACCURATE, COMPLETE, TIMELY, OR FREE OF TECHNICAL OR TYPOGRAPHICAL ERRORS. I EXPRESSLY ACKNOWLEDGE AND AGREE THAT MY USE OF THE CONTENT DISPLAYED ON MY ACCOUNT OR THE BROKER VOW IS AT MY SOLE RISK. BROKER PROVIDES THE CONTENT ON AN “AS IS” AND “AS AVAILABLE” BASIS. BROKER AND ANY AGENT EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, CONCERNING MY ACCOUNT OR ANY OTHER ACCOUNT, WEBSITE OR PROPERTY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BROKER AND ANY AGENT DO NOT MAKE ANY WARRANTY THAT THE CONTENT AVAILABLE TO ME ON MY ACCOUNT, THE BROKER VOW OR ANY OTHER ACCOUNT OR PROPERTY WILL MEET MY REQUIREMENTS, OR THAT ACCESS TO MY ACCOUNT OR THE BROKER VOW AND THE CONTENT THEREON WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, VIRUS-FREE OR ERROR FREE. NOR DO BROKER OR ANY AGENT MAKE ANY WARRANTY ABOUT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF INFORMATION, PRODUCTS OR SERVICES PROVIDED ON OR THROUGH MY ACCOUNT, OR ANY OTHER ACCOUNT, THE BROKER VOW OR PROPERTY, OR CONCERNING THE ACCURACY OR RELIABILITY OF ANY CONTENT ON, OR ACCESSIBLE THROUGH, SUCH ACCOUNTS, WEBSITES OR PROPERTIES. BROKER AND ANY AGENT DO NOT MAKE ANY WARRANTIES REGARDING ANY INFORMATION OBTAINED BY YOU, OR ANYONE ACTING ON YOUR BEHALF, FROM ANY HYPERLINKED THIRD PARTY SITE.
- I AGREE THAT NEITHER BROKER, ANY AGENT, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE CONTENT OR FUNCTIONALITY ACCESSIBLE TO ME ON MY ACCOUNT, OR THE BROKER VOW SHALL BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, ARISING OUT OF MY ACCESS TO, USE OF, OR INABILITY TO USE, MY ACCOUNT, THE BROKER VOW, ANY OTHER BROKER ACCOUNT, ANY PRODUCTS, SERVICES, OR CONTENT OFFERED OR PROVIDED ON MY ACCOUNT, THE BROKER VOW, ANY OTHER HYPERLINKED WEBSITE, OR FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OR FUNCTIONALITY THEREOF, FOR ANY PERSON’S RELIANCE ON ANY INFORMATION OR CONTENT PROVIDED ON OR THROUGH MY ACCOUNT OR THE BROKER VOW, WHETHER OR NOT THE INFORMATION IS CORRECT, CURRENT, OR COMPLETE, OR FOR THE CONSEQUENCES OF ANY ACTION I OR ANY OTHER PERSON MAY TAKE OR FAIL TO TAKE BASED ON CONTENT PROVIDED BY OR AS A RESULT OF THE USE OF MY ACCOUNT OR THE BROKER VOW. I SPECIFICALLY AGREE THAT BROKER ANY AGENT ARE NOT LIABLE FOR ANY CONDUCT BY ME ASSOCIATED WITH MY ACCOUNT OR THE BROKER VOW. NEITHER BROKER OR ANY AGENT IS RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR FAILURE OF ANY EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON MY ACCOUNT OR THE BROKER VOW, INCLUDING ANY INJURY OR DAMAGE TO MY, OR ANY OTHER PERSON’S, COMPUTER THAT RELATES TO OR RESULTS FROM USE OF MY ACCOUNT, THE BROKER VOW OR ANY OTHER ACCOUNT. IN NO EVENT SHALL BROKER OR ANY AGENT OR THE BROKER’S OFFICERS, DIRECTORS, EMPLOYEES, ACCOUNTANTS, ATTORNEYS, VENDORS, INDEPENDENT CONTRATORS, OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE MY ACCOUNT OR THE BROKER VOW, OR FROM ANY INFORMATION, PRODUCTS OR SERVICES PURCHASED, OBTAINED, OR ACCESSED FROM MY ACCOUNT OR THE BROKER VOW, OR FROM ANY MESSAGES RECEIVED OR TRANSMITTED FROM OR THROUGH MY ACCOUNT OR THE BROKER VOW, OR TRANSACTIONS ENTERED INTO THROUGH MY ACCOUNT OR THE BROKER VOW OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLE PROPERTY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF BROKER, OR ANY AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. I UNDERSTAND SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO ME.
- I agree to defend, indemnify, and hold harmless Broker and any of Broker’s affiliates, officers, subsidiaries, parents, partners, directors, employees, agents or independent contractors from any damages, judgments, costs, and expenses, including attorney’s fees and litigation costs and expenses at trial or on appeal, arising from any claim by a third party based upon use of my Account, my use of the Broker VOW or any Submissions I transmit to my Account or the Broker VOW, or to any Agent, or any other Account holder, or based on any breach by Me of My duties, obligations, representations or warranties set forth in this Agreement..
- I agree that the unauthorized use of my Account, or the Site Materials will cause injury to Broker, or one or more of his, her or its affiliates, agents, or independent contractors, that cannot adequately be remedied by money damages, and that Broker and Broker’s respective affiliates, or any one of them may seek preliminary or permanent injunctive relief to enjoin the unauthorized use of my Account or the Site Materials, which injunctive relief shall be in addition to any other remedies available to such parties at law or equity. If any such suit for injunctive relief is brought against Me, I waive any obligation of the plaintiff to prove that the plaintiff does not have an adequate remedy at law, or that plaintiff’s injuries are irreparable. If such party is successful in securing a preliminary injunction order against Me, I waive any obligation of such party to post a security bond in conjunction therewith.
- I UNDERSTAND THAT THIS AGREEMENT DOES NOT IMPOSE A FINANCIAL OBLIGATION ON ME. I UNDERSTAND THAT NEITHER BROKER NOR ANY AGENT HAS ENTERED INTO ANY FORM OF FIDUCIARY OR BROKERAGE RELATIONSHIP WITH ME SOLELY BY GRANTING ME ACCESS TO, AND LIMITED USE OF, THE SITE MATERIALS AVAILABLE ON MY BROKER ACCOUNT. ANY FORM OF FIDUCIARY OR BROKERAGE RELATIONSHIP BETWEEN BROKER, AGENT AND ME SHALL NOT EXIST UNLESS AND UNTIL THE AGENT SHOWS ME PROPERTY AVAILABLE FOR SALE OR LEASE, OR I REQUEST THE AGENT TO ASSIST ME IN PROCURING A REAL ESTATE SALES OR LEASE CONTRACT ON TERMS ACCEPTABLE TO ME.
- I understand and agree that Broker in his, her or its sole discretion, may terminate this Agreement, my Account, and any corresponding subscriptions, delete any content stored in my Account, direct Me to cease using my Account, and discontinue or restrict my access to my Account, or the Account of any other Account holders, all without notice to Me and for any reason. I agree that Broker and any Agent shall not be liable to Me or to any third party for any modification, suspension, or discontinuance of my Account, the Broker VOW, or any other Account, or any parts thereof. Upon termination of this Agreement or my Account, neither Broker nor any Agent shall have any further obligation to Me, including any duty to return or destroy any information I may have supplied to them during the term of this Agreement.
- I understand that I am responsible for controlling access to, and use of, my user name and password that must be entered to provide Me with access to my Account. ALL INFORMATION OR ACTIONS TRANSMITTED BY, SUBMITTED BY, OR RECEIVED FROM ANYONE USING MY USER NAME AND PASSWORD ON MY ACCOUNT WILL BE BINDING ON ME, WHETHER OR NOT SUCH INFORMATION OR ACTION IS DELIVERED, TRANSMITTED, SUBMITTED OR TAKEN WITH MY ACTUAL KNOWLEDGE. If I have reason to believe that an unauthorized person may have gained access to my Account through my user name or password, I agree to contact Broker immediately for the purpose of disabling access to my Account.
- In the event that any provision of this Agreement is, becomes, or is declared by a court of competent jurisdiction to be illegal, unenforceable, or void, this Agreement shall continue in full force and effect without such provision.
- The failure of Broker at any time or times to require performance of any provision hereof shall in not in any manner affect the right of Broker at a later time to enforce the same.
- This Agreement may not be assigned by Me by contract, operation of law, or otherwise, and any attempted assignment in contravention of this Section 24 shall be null and void and not have any legal force or effect. I understand and agree that Broker may assign this Agreement, or otherwise transfer their rights and obligations under this Agreement at any time without my consent or notice to Me.
- I acknowledge that the Content contained on my Account is controlled in and originates from the United States. Broker does not make any representation that any of the Content is appropriate or available for use in other locations. Broker does not have any responsibility for any access to my Account or the Broker VOW from territories where the Content may be illegal or otherwise prohibited. If I choose to access my Account or the Broker VOW from other locations, I do so at my own risk and am responsible for compliance with applicable local laws. I agree that any claim relating to the enforcement or interpretation of this Agreement, the use of my Account or the Broker VOW, or the functionality or Content available on my Broker Account or the Broker Website, or any of the Site Materials, shall be governed by the internal substantive laws of the State of California, without regard to its conflicts of laws rules. I agree that any action or petition to enforce or interpret this Agreement shall be brought in the state or federal courts located in Los Angeles County, California, and I expressly waive any objection to the personal jurisdiction of such courts. If Broker prevails in any petition filed against Me to interpret or enforce this Agreement, I agree that the Court shall enter an award on behalf of the Broker for the Broker’s reasonable attorney's fees, costs, and litigation expenses associated with the prosecution of such suit, or the appeal of any judgment or award rendered on behalf of Broker.
- I agree that Broker may amend or modify this Agreement at any time without notice to Me or my consent, and make such amended versions of this Agreement accessible at my Account. My use of my Account after Broker has amended or modified this Agreement shall be deemed my acceptance of such amendments or modifications. If I do not want to be bound by an amendment or modification of this Agreement, my sole remedy is to terminate this Agreement by notice to Broker as provided at my Account, and to refrain immediately from using my Account upon transmittal of such notice.
DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) AND USER SUBMISSION POLICY AND PROCEDURE
Background. This Site operated for the benefit of the website Real Estate Broker (hereinafter “Broker”) displays information about real property for sale or rent, the products or services related to a real estate transaction, issues related to home ownership and the acquisition or sale of real estate, and information posted by you and other Site users (“Submissions”).
Your Representations and Warranties. Each time you provide a Submission to the Site, you represent and warrant that you have the right to provide such Submission, which means:
- You are the author of the Submission, or
- The Submission is not protected by copyright law, or
Disclaimer of Responsibility for Material. Broker does not endorse any Submissions, nor do any Submission necessarily represent the views of Broker or its subsidiaries and affiliates, agents, members, officers or directors. You acknowledge and agree that Broker does not control all Submissions, and disclaims any responsibility for such Submissions. Broker specifically disclaims any duty, obligation, or responsibility, to review, screen, refuse to post, remove, or edit any Submissions. In addition, Broker does not represent or warrant that any other content or information accessible via the Sites is accurate, complete, reliable, current or error-free. Broker does not assume any responsibility or liability for any errors or omissions in the content of the Sites or in any Submissions.
Review & Removal of Material. Broker reserves the right (but disclaims any duty, obligation or responsibility) to review, screen, refuse to post, remove in their entirety, or edit (at any time and without prior notice) any Submissions. If you believe any Submission or other content appearing on the Site infringes upon your rights, you may contact Broker’s web hosting service provider at [insert RE Safari email address] or [insert RE Safari mailing address] to request removal of such content or Submission; however, Broker disclaims any duty, obligation or responsibility to comply with such request except as specifically outlined in this Policy. Broker also reserves the right (but disclaims any duty, obligation, or responsibility) to refuse to post, remove in their entirety, or edit (at any time and without prior notice) any Submissions on the Site for any reason or no reason whatsoever, in its absolute and sole discretion.
Digitial Millennium Copyright Act (DMCA) Procedure. DMCA Complaints. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under United States Copyright Law. If you believe in good faith that Submissions posted by users of this Site or other content appearing on the Site infringe your copyright, you (or your agent) may send a notice to Broker’s web hosting service provider requesting that the specified material be removed from the Site(s), or access to it be blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Broker’s web hosting service provider to locate the material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. DMCA Complaints must meet the then current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details. DMCA Complaints concerning materials on the Site should be sent to [insert RE Safari office address] ATTN: DMCA Complaint, or send the required information by email to [insert appropriate RE Safari email address] with “DMCA Complaint” in the subject line. Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material on the Site is infringing the copyrights of others. If you are uncertain whether material on the Site is infringing, you should seek the advice of an attorney.
DMCA Counter Notices. If Broker’s web hosting service provider removes or disables access to content in response to a DMCA Complaint, Broker or its service provider will make reasonable attempts to contact the owner of the removed or disabled content, or the owner’s agent. If you feel that Broker or Broker’s service provider removed your material pursuant to another person’s DMCA Complaint and that such material does not infringe upon another’s copyright rights, you may provide Broker’s service provider with a counter notification by written communication labeled “DMCA Counter Notification” by sending such information to [insert RE Safari mailing address] or by email to [insert appropriate RE Safari email address]. The DMCA Counter Notification should contain all of the necessary information required by the DMCA, which can be found at http://www.copyright.gov/title17/92chap5.html#512.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.