 |
 |
USER AGREEMENT TERMS AND CONDITIONS
Welcome to HOUSECLIPS® --
We are Houseclips®, LLC ("Houseclips®").
We offer two different web-based real estate viewing services from the domain
and sub-domains of www.houseclips.com (the "Site"): PixClipTM
and ProClipTM --
PixClipTM - Upload up to 30 pictures of the
property you want to display, we turn those into a Video, place them on the
Site, provide code to have viewer placed on any website, provide a link,
reporting (number of views), 30 days free hosting, online account management
(billing information, Member information, page and video view statistics),
password protected, search agent. Costs $15, after 30 days $4.00 per month, all
billed to your credit card.
ProClipTM - Upload up to 50 pictures, we turn
them into a Video, place them on the Site, provide code to have viewer placed
on any website, provide a link, two signs (one "in the yard" sign, one sign
directing interested parties to the property), reporting (number of views), 30
days free hosting, online Member Account management (billing information,
member information, page and video view statistics), password protected, search
agent). Costs $28, after 30 days $4 per month, all billed to your credit card.
Before using one of our services, you must read and agree to all of the terms
and conditions in, and where noted linked to, this User Agreement. When
accepted by you, this User Agreement will be the operative legal Agreement
between us and it will govern our dealings. This Agreement is effective on
September 1, 2006 for current user and upon acceptance for new users.
REAL ESTATE VIEWING SERVICES
After you accept this User Agreement and complete the User and Property
Information Form, you will be assigned a User ID and a password, a Member
Account will be opened for you, and you will be asked to select one real estate
viewing service for each property you wish to show.
You Provide Photographs - We Create the Video
You will provide us with photographs of and certain requested information about
your property. You can provide the photographs and information by following the
Upload Instructions. Or if you cannot upload pictures, you have the option of
mailing a CD of your pictures and a completed User and Property Information
Form to us at our Mailing Address which is provided below. If you mail a CD to
us, we are not responsible and you will not try to hold us responsible if the
CD does not reach us or if the CD is damaged during shipment. Depending on the
viewing service that you select, you will be limited in the number of
photographs that can be included in the video.
For PixClipTM, you are limited to 30
pictures.
For ProClipTM, you are limited to 50
pictures.
Photographs must be a minimum of 2 megapixals.
Once we receive your upload (or your mailed CD, as applicable), we will use our
proprietary software programs to assemble the photographs into a video, stream
the video and host the Site where Visitors can view the Video and learn more
about your property. ALL ASSEMBLED VIDEOS ARE FINAL. Notwithstanding the
foregoing, we can change information identifying the listing agent for the
property upon receipt of your notice to us to do so, and your agreement to pay
for the change as provided in the then applicable Fee Schedule. Subject to
Deactivation below, Members can deactivate the Video, but we cannot change it
after it has been assembled.
In most cases, we will be able to begin hosting the Video of your property
within one business day following our receipt, by download or mail, of your
photographs, but we cannot guarantee that hosting will begin at that time. We
can only promise that we will have the Video assembled and on the Site
available for viewing within a reasonable time.
YOU ARE RESPONSIBLE FOR THE CONTENT OF THE VIDEO
The Site is a place to allow you to display photographs and information
about your property (the "Content") which we will assemble into the Video, and
to allow Visitors to view the Video and, if a Visitor has interest, to utilize
the information that you provide to contact you.
Your Representations and Warranties
When you give us Content, you represent and warrant to us that (1) you are
solely responsible for the truth, quality and accuracy of Content; (2) you have
the legal right and authority, either as the owner of the property, or by
agreement with the owner, to show the property and provide information about it
to the public, via the Site; (3) you have the legal right and authority, either
as the owner of the rights licensed below or by agreement with the owner, to
grant us the license to use Content pursuant to the Content License below; (4)
Content is original and does not infringe or otherwise violate any copyright,
trademark, publicity, privacy or other proprietary or contract right, (5) that
Content includes, as required by applicable law, regulation, practice or custom
in your locality or the locality of the property (a) all disclosure statements
about the condition of the property that you must provide to all potential
buyers, and (b) if you are a licensed real estate agent, broker or other
professional, all information that you must provide in online advertising; (6)
Content is not obscene, lewd, fraudulent, defamatory, or otherwise violative of
any law or regulation; and (7) you are age 18 or older, have the authority to
enter into this Agreement, and are not temporarily or permanently suspended
from use of the Site.
We Reply On Your Representations
We do not have an opportunity to review Content before our computer programs
assemble the Video or before we upload the Video to the Site. We have no
control over Content and we make no representations about and do not guarantee
the truth, quality or accuracy of any Content or Video, the availability of any
property, or that any sale or rental transaction will result from use of our
real estate viewing services by any Member or Visitor. We do have a quality
control system, but we are relying on you to submit Content which meets the
terms of this Agreement.
We Provide Content Recommendations
We offer Content Recommendations on the Site. Some of these recommendations are
for the protection of your belongings; for example, we recommend that your
photographs NOT include any valuable personalty, like jewelry, furs,
electronics, fine art, guns, etcetera. We make no representation or warranty
that our recommendations are complete, and you will not try to hold us
responsible for anything that is included in or omitted from our
recommendations. You and you alone are responsible for Content of the Video and
you accept total responsibility for Content.
Content License
You grant us a non-exclusive, world-wide, irrevocable rights in perpetuity to
copy, distribute, transmit, display, publicly perform, reproduce, edit,
translate, reformat and otherwise use Content in the Video and otherwise, in
whole or in part, in any form or media, whether now or later known; to exercise
copyright, publicity and database rights in Content, in any form or media,
whether now or later known; to host and display Content on the Site; to use
Content, in whole or in part, in any form or media, whether now or later known,
in connection with our marketing, promotion and advertising of our products and
services.
In agreeing to this Agreement and granting the license above, you understand
and acknowledge that Houseclips® may engage in the
business of selling advertising space on the Site to third party advertisers
and you understand and agree that we have the right to place such
advertisements and other commercial material anywhere on the Site, in our sole
discretion, including but not limited to immediately prior to and immediately
following the Video of your property.
HOUSECLIPS® IS A VENUE PROVIDER, NOT A BROKER OR AGENT
There is no agency, partnership, joint venture, employer-employee or
franchisor-franchisee relationship between you and Houseclips®.
Our role is solely as a venue for displaying information and images about a
property. We are not responsible for, do not hold Houseclips®
out as, and do not engage in brokering, selling, buying, renting or otherwise
participating in any transaction involving property displayed on the Site. We
are not a multiple listing service. We are not and do not hold Houseclips®
out as real estate agent, broker, attorney or other licensed professional. We
do not counsel or represent any Member or Visitor or any seller, buyer,
landlord or tenant of any property displayed on the site or have any role
whatsoever in any transaction involving property on the Site. We do not have
any agency, brokerage, confidential, fiduciary or trust relationship with you
or any other Member or Visitor or any seller, buyer, landlord, tenant or other
party to any transaction involving any property displayed on the Site.
We Do Not Show Property
We do not show property. All videos on the Site are for video viewing purposes
only. There is no substitute for actually visiting a property and seeing it
first hand. Before becoming involved in any transaction involving any property,
whether as a buyer, seller, landlord or tenant, or otherwise, you are advised
to perform your own due diligence.
Professional Assistance Is Recommended
As stated above, Houseclips® is a venue for video
viewing, we are not involved in any capacity in any way in any transaction
involving any property displayed on the Site. We strongly recommend that
professional assistance by licensed professionals, such as real estate agents
and attorneys, be obtained by Members and Visitors and any seller, buyer,
landlord, tenant or other party to any transaction involving any property
displayed on the Site. We also recommend that you obtain professional
assistance to find out about law, regulation, practice and custom which may be
applicable to or impose requirements to make disclosure statements about the
condition of the property or otherwise applicable to online advertising of or
transactions involving the property.
No Endorsement of Professionals
From time to time, the Site may carry information about licensed professionals,
such as real estate agents and attorneys. This information may appear in paid
advertisements, lists, or other references. We do not recommend that you
contact or engage and we do not endorse any of the professionals about whom you
may learn on the Site. Before engaging any professional to assist in a
transaction involving real estate, whether as a buyer, seller, landlord,
tenant, or otherwise, you need to investigate the professional's qualifications
and conduct your own due diligence.
USER ID, PASSWORD AND SECURITY
You are totally responsible for maintaining the confidentiality of your User ID
and password. Further, you are responsible for any and all activities that
occur through use of your User ID and password. You agree to immediately notify
us of any unauthorized use of your User ID password or any other breach of
security. We will not be liable for any loss that you may incur as a result of
someone else using your User ID or password, whether with or without your
knowledge, however, you could be liable to us or another party due to someone
else using your User ID or password. You may not use anyone else's User ID or
password.
PRIVACY
If you chose to provide us with User and Property Information, you consent to
the transfer and storage of that information to our servers in the United
States. In addition, you consent to our collection and storage of your email
address, correspondence through the Site, correspondence sent to us, computer
sign-on data, page and Video view statistics, traffic to and from the Site,
advertising statistics and data, any information about you that you provide to
us or authorize us to obtain from any third party, including but not limited to
financial information, such as credit card and bank account numbers. We will
not sell or rent your personal information to third parties for marketing
purposes without your express consent. We may use your personal information to
verify any Content you provide, consider ways to improve our services and the
Site, prevent potentially illegal acts and acts which are prohibited by this
Agreement, investigate and resolve disputes, problems and claims that Content
is false or misleading, violates the rights of others, infringes any
intellectual property right or is otherwise unlawful, and enforce this
Agreement. We may disclose your personal information if required to do so by
law, to enforce this Agreement and our policies, to investigate and resolve
disputes, problems, and claims that Content is false or misleading, violates
the rights of others, infringes any intellectual property right or is otherwise
unlawful, and with individuals or entities who agree to be bound by this
PRIVACY provision and whom we are considering for merger or acquisition of or
by us. If you do not want us to use your personal information as provided in
this PRIVACY section, please do not use our services.
Maintaining Accurate Personal Information
You can review and edit most of your personal information on the Site by using
your User ID and password. You agree that your personal information will at all
times be accurate and up to date and to promptly revise your personal
information as necessary.
We Try But Cannot Promise Privacy of Information
We will use encryption and other security programs and systems to protect your
personal information from unauthorized access and disclosure. But we cannot use
every possible measure to maintain security and we cannot guarantee that third
parties will not unlawfully hack or otherwise gain access to your personal
information, and you will not try to hold us responsible if we are unable to
maintain the security of your personal information.
If You Disclose Your Information
Obviously, we have no obligation to prevent the disclosure of information which
you provide to us as Content for the Video and display on the Site. You
understand that the Video and its Content will be available to the public via
the Site.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your access to and use of our services and Site, you agree
that you will not use our services or the Site for any purpose that is unlawful
or prohibited by this Agreement. YOU MAY NOT USE our services or the Site in
any manner that could, in our sole discretion exceed our internal bandwidth
limits, or otherwise damage, disable, overburden or impair our software,
systems' network or databases in any way, or interfere with anyone else's use
and enjoyment of our services or the Site. YOU MAY NOT attempt to gain
unauthorized access to the Site by any means other than use of your User ID and
password, and YOU MAY NOT attempt to gain access to other accounts, computer
systems or databases by any means. YOU MAY NOT obtain or attempt to obtain
readable access of our proprietary software, network configuration, or data.
YOU MAY NOT obtain or attempt to obtain any materials, media or information
through any means not intentionally made available through the Site. YOU MAY
NOT alter, remove, or cover proprietary notices in or on the Site, including
but not limited to notices with respect to copyright, patent and trademark
rights. YOU MAY NOT modify, copy, distribute, translate, adapt, modify,
transmit, display, perform, reproduce, publish, license, transfer or sell any
video, in whole or in part, or any information derived through your use of our
services and the Site. YOU MAY NOT reverse engineer, decompile, disassemble, or
create derivative works based on all or any part of our services, the Site or
our underlying software, systems, network and databases. YOU MAY NOT post,
upload or otherwise provide any Content or information that violates the rights
of any third party, or any false, misleading, inaccurate, defamatory, invasive,
obscene, lewd, lascivious, excessively violent, harassing, infringing, or
otherwise objectionable Content or other information, including but not limited
to personal information. YOU MAY NOT distribute or post spam, chain letters or
pyramid schemes, or viruses or other technology that may harm us or any Member
or Visitor.
INDEMNIFICATION
You agree to hold us harmless and indemnify us from all loss and liability
(including attorney fees, costs and other expenses incurred in connection with
a loss or liability or the assertion of same), arising out of or in any way
related to your violation of any provision of this Agreement or the use or
inability to use our services, the Video or the Site, or our software, systems,
network or databases, our provision of or failure to provide any services,
whether asserted by you or any Visitor or other third party.
OTHER REMEDIES FOR VIOLATIONS
If you violate any provision of this Agreement, including but not limited to by
uploading any Content which in our opinion violates this Agreement or creates
possible legal liabilities or other problems of any kind, we may, in addition
to and not in lieu of other remedies, in our discretion, take technical and
legal action in good faith to restrict access to or availability of all or any
of your Video(s), in whole or in part, or limit, suspend or terminate access to
the Site, our services (including but not limited to our streaming services),
your Member Account, or remove all or any part of hosted Content in all or any
part of your Video(s).
FEES
We accept no commission or other compensation in connection with any real
estate transaction. We simply charge a fixed fee to assemble Content to create,
stream and host the video; and if you have chosen our ProClipTM
service, we also provide two signs - one "in the yard" sign, one sign directing
interested parties to the property. Your signs will be shipped to you at the
address you provide in your User and Property Information Form by UPS or a
comparable ground delivery service of our choosing, and we expect but cannot
guarantee that your signs will be delivered to you within three business days
following our receipt of your upload (or your mailed CD, as applicable). We can
only promise we will ship the signs to you within a reasonable time.
When you select a real estate viewing service and upload Content, you
acknowledge that you have reviewed and agree to pay all applicable fees
according to our then prevailing Fee Schedule when due and with a valid payment
method. All fees are payable in US dollars. If your payment method fails or
your account is past due, we may use other collection procedures, including but
not limited to charging other payment methods in our records. In the event that
we engage collection agencies or legal counsel, we will also be entitled to
recover any and all fees and costs we incur to collect any past due amounts
that you owe us.
Special 30-Day Introductory Rate
We are offering you, as a new Member, a special introductory rate. You will be
charged $15 for PixClipT or $30 for ProClipT to your credit card of record for
us to receive your uploaded photographs and use our proprietary software to
assemble them into the Video; you will receive 30 days of streaming and hosting
the Video on the Site free of charge.
Monthly Charge
After 30 days, you will be notified that monthly charges will be assessed and
unless you notify us to cancel our services in streaming and hosting the Video,
you will be charged $4 per month per Video to your credit card of record. If,
for any reason, payment is not made within 10 days following our notice to you,
we will have the right (but we are not required) to cancel our streaming and
hosting services for the Video.
Deactivation
You can deactive any Video but continue to store it on our system for $4 per
month per Video which we will charge to your credit card of record.
Listing Agent Changes
In the event that you want to change your listing agent information, a $10
transfer fee will be charged to your credit card of record. If you change the
listing agent during the Special 30-Day Introductory Rate Period, the $4 per
month charge will also be charged to your credit card on record and will
continue to be charged each month thereafter.
Fee Schedule
Our Fee Schedule sets forth all fees and costs which we charge and you agree to
pay for services. We may revise our Fee Schedule from time to time by posting
the revisions on the Site and revisions will be effective and applicable to our
services to you fourteen days after we notify you about them.
LIMITATION OF LIABILITY
The Site is for video viewing purposes only. It is provided "as is" and "as
available" without warranty of any kind. WE MAKE NO WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. YOU AGREE THAT WE WILL NOT
BE LIABLE FOR DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL OR INCIDENTAL
DAMAGES, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR
FOR ANY CLAIM OR DEMAND OF ANY KIND, WHETHER KNOWN OR UNKNOWN, WHETHER ASSERTED
BY OR AGAINST YOU, ANY VISITOR OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO
THE USE OR INABILITY TO USE OUR SERVICES, THE VIDEO OR THE SITE OR OUR
SOFTWARE, SYSTEMS, NETWORK OR DATABASES, OR OUR PROVISION OF OR FAILURE TO
PROVIDE ANY SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE. Some states do not allow limitations on implied warranties, so some of
the foregoing limitations may not be applicable to you. We are also excused
from any delay in performance or non-performance of services or the
accessibility or operatability of the Video, the Site or our software, systems,
network or databases where our failure or delay is caused by circumstances
beyond our control. Notwithstanding the above noted limitations on our
liability, if we are found liable, our liability to you or any third party will
be limited to the greater of (a) the total fees you paid us for the service(s)
at issue, or (b) $100.
RELEASE
In the event of any dispute between you and any other Member, Visitor or third
party user of our services, the video or the Site or our software, systems,
network or databases, you release Houseclips® and our
officers, directors, employees, contractors, agents, affiliates, successors and
assigns from claims, demands and damages, including but not limited to
consequential or incidental damages, lost profits, business interruption, loss
of business information, of any kind, whether known or unknown, arising out of
or related to such disputes.
NOTICE
Any legal or other notice will be deemed served on us if sent to Houseclips®
by registered mail, return receipt requested, at OUR MAILING ADDRESS or its
registered agent in Kentucky or if sent by email or mail to the email address
or mailing address you provided to us in your User and Property Information as
originally submitted or last most recently updated by you. If notice is sent by
email, it will be deemed given 24 hours after it was sent; if notice is by
mail, it will be deemed given when received by us as documented in the returned
receipt.
TERM AND TERMINATION
This Agreement and the period during which your User ID and password will be
valid for gaining access to and use of our services and the Site are effective
until terminated. This Agreement will automatically terminate upon your
violation of any of its provisions. We may terminate this Agreement at any
time, without notice, and you may terminate our services and your Member
Account by giving us notice in accordance with the NOTICE provision above. If
we receive your notice to terminate after we have charged your credit card for
the Monthly Charge, the Video will continue to be made available for viewing on
the Site for up to thirty days. If, after the termination of this Agreement,
you wish to obtain our services or regain access to the Site, please return to
the User and Property Information Form to reapply for a User ID and password.
You understand and agree that we may change conditions of Membership from time
to time.
GENERAL
This Agreement is our entire agreement with respect to your access to and use
of our services and Site. This Agreement supersedes all prior agreements
whether oral or written. No waiver hereunder will be binding unless in writing
and signed. If any provision of this Agreement is found void or unenforceable,
all other provisions will remain valid and enforceable. Section titles in this
Agreement are purely for convenience and have no legal or contractual effect.
This Agreement will be governed by and construed in accordance with federal law
where applicable and state laws of Kentucky, and you agree to submit to the
jurisdiction of the courts in Louisville, Jefferson County, Kentucky to resolve
any and all legal actions arising under or relating to this Agreement.
QUESTIONS/OUR MAILING ADDRESS
Should you have any questions concerning Houseclips®, the
Site or this Agreement, or if you wish to contact us, our Mailing Address is
Houseclips®, LLC, 822 South Floyd Street, Louisville, KY
40203-2340, or call 1-502-589-9199 between the hours of 9:00 a.m. and 5:00 p.m.
or email to: info@houseclips.com.
NOTICE OF RIGHTS
Copyright© 2002-2007 Houseclips®, LLC.
All rights reserved.
HOUSECLIPS®, PixClipTM,
ProClipTM and THE NEW STANDARDTM
are trademarks of Houseclips®, LLC.
All rights not expressly granted herein are reserved.
|
|