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OpenMLS provides a collection of online resources,
including property listings, property want ads, forums, and various email
services, (referred to hereafter as "the Service") subject to the following
Terms of Use ("Terms"), which may be updated by
OpenMLS from time to time. OpenMLS will provide notice of materially
significant changes to the Term by posting notice on the OpenMLS site. You
can review the most current version of the Terms at:
http://www.openmls.org/termsofuse/index.html. By
using the Service in any
way, you are agreeing to comply with these Terms. In addition, when using
particular OpenMLS services, you agree to abide by any applicable posted
guidelines for all OpenMLS services, which may change from time to time.
Should you object to any term or condition of these Terms, any guidelines, or
any subsequent modifications thereto or become dissatisfied with OpenMLS in
any way, your only recourse is to immediately discontinue use of OpenMLS.
You understand that all postings, messages, text, files, images,
photos, video, sounds, or other materials ("Content") posted on, transmitted through,
or linked from the Service, are the sole responsibility of the person from whom
such Content originated. More specifically, you are entirely responsible for
all Content that you post, email or otherwise make available via the Service.
You understand that OpenMLS does not control, and is not responsible for
Content made available through the Service, and that by using the Service, you
may be exposed to Content that is offensive, indecent, inaccurate, misleading,
or otherwise objectionable. Furthermore, the OpenMLS site and Content
available through the Service may contain links to other websites, which are
completely independent of OpenMLS. OpenMLS makes no representation or
warranty as to the accuracy, completeness or authenticity of the information
contained in any such site. Your linking to any other websites is at your own
risk. You agree that you must evaluate, and bear all risks associated with, the
use of any Content, that you may not rely on said Content, and that under no
circumstances will OpenMLS be liable in any way for any Content or for any
loss or damage of any kind incurred as a result of the use of any Content
posted, emailed or otherwise made available via the Service. You acknowledge
that OpenMLS does not pre-screen or approve Content, but that OpenMLS
shall have the right (but not the obligation) in its sole discretion to refuse,
delete or move any Content that is available via the Service, for violating the
letter or spirit of the Terms or for any other reason.
If you believe that your work has been copied in a way that
constitutes copyright infringement, or your intellectual property rights have been
otherwise violated, please notify OpenMLS's agent for notice of claims of
copyright or other intellectual property infringement ("Agent"), at
corey@openmls.org or:
Copyright Agent
OpenMLS
6811 Cherry Grove Circle
Orlando, FL 32809
Please provide our Agent with the following Notice:
1. Identify the copyrighted work or other intellectual property that you
claim has been infringed;
2. Identify the material on the OpenMLS site that you claim is infringing,
with enough detail so that we may locate it on the website;
3. 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;
4. A statement by you declaring under penalty of perjury that (a) the above
information in your Notice is accurate, and (b) that you are the owner of the
copyright interest involved or that you are authorized to act on behalf of that
owner;
5. Your address, telephone number, and email address; and
6. Your physical or electronic signature.
OpenMLS's Agent will forward this information to the alleged
infringer.
OpenMLS has established a Privacy Policy to explain to users how their
information is collected and used, located at
http://www.openmls.org/privacypolicy.html.
Your use of the OpenMLS
website or the Service signifies acknowledgment of and agreement to our
Privacy Policy. You further acknowledge and agree that OpenMLS may, in its
sole discretion, preserve or disclose your Content, as well as your
information, such as email addresses, IP addresses, timestamps, and other user
information, if required to do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to: comply with legal
process; enforce these Terms; respond to claims that any Content violates the
rights of third-parties; or protect the rights, property, or personal safety of
OpenMLS, its users or the general public.
You agree not to post, email, or otherwise make available Content:
* that is unlawful, harmful, threatening, abusive, harassing, defamatory,
pornographic, libelous, invasive of another's privacy, or harms minors in any
way;
* that harasses, degrades, intimidates or is hateful toward an individual
or group of individuals on the basis of religion, gender, sexual orientation,
race, ethnicity, age, or disability;
* that impersonates any person or entity, including, but not limited to, a
OpenMLS employee, or falsely states or otherwise misrepresents your
affiliation with a person or entity;
* that includes personal or identifying information about another person
without that person's explicit consent.
* that is false, deceptive, misleading, deceitful, misinformative, or
constitutes "bait and switch";
* that infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party, or Content that you do not have a right to
make available under any law or under contractual or fiduciary relationships.
* that constitutes or contains "affiliate marketing," "link referral code,"
"junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited
commercial advertisement.
* that constitutes or contains any form of advertising or solicitation if
(1) posted in areas of the OpenMLS sites which are not designated for such
purposes; or (2) emailed to OpenMLS users who have requested not to be
contacted about other services, products or commercial interests.
* that advertises any illegal services or the sale of any items the sale of
which is prohibited or restricted by applicable law, including without
limitation items the sale of which is prohibited or regulated by Florida law
- a partial list of these is provided for your convenience
* 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;
* that disrupts the normal flow of dialogue with an excessive number of
messages (flooding attack) to the Service, or that otherwise negatively affects
other users' ability to use the Service; or
* that employs misleading email addresses, or forged headers or otherwise
manipulated identifiers in order to disguise the origin of Content transmitted
through the Service.
Additionally, you agree not to:
* contact anyone who has asked not to be contacted;
* "stalk" or otherwise harass anyone;
* collect personal data about other users for commercial or unlawful
purposes;
* use automated means, including spiders, robots, crawlers, data mining
tools, or the like to download data from the Service - exception is made for
internet search engines (e.g. Google) and non-commercial public archives (e.g.
archive.org) that comply with our robots.txt file; or
* attempt to gain unauthorized access to OpenMLS's computer systems or
engage in any activity that disrupts, diminishes the quality of, interferes
with the performance of, or impairs the functionality of, the Service or the
OpenMLS website.
You understand and agree that sending unsolicited email
advertisements to
OpenMLS email addresses or through OpenMLS computer systems, which is
expressly prohibited by these Terms, will use or cause to be used servers
located in Kansas. Any unauthorized use of OpenMLS computer systems is a
violation of these Terms and certain federal and state laws Such violations
may subject the sender and his or her agents to civil and criminal penalties.
You acknowledge that OpenMLS may establish limits concerning
use of the Service, including the maximum number of days that Content will be retained by
the Service, the maximum number and size of postings, email messages, or other
Content that may be transmitted or stored by the Service, and the frequency
with which you may access the Service. You agree that OpenMLS has no
responsibility or liability for the deletion or failure to store any Content
maintained or transmitted by the Service. You acknowledge that OpenMLS
reserves the right at any time to modify or discontinue the Service (or any
part thereof) with or without notice, and that OpenMLS shall not be liable
to you or to any third party for any modification, suspension or discontinuance
of the Service.
You agree that OpenMLS, in its sole discretion, has the right (but not the
obligation) to delete or deactivate your account, block your email or IP
address, or otherwise terminate your access to or use of the Service (or any
part thereof), immediately and without notice, and remove and discard any
Content within the Service, for any reason, including, without limitation, if
OpenMLS believes that you have acted inconsistently with the letter or
spirit of the Terms. Further, you agree that OpenMLS shall not be liable to
you or any third-party for any termination of your access to the Service.
Further, you agree not to attempt to use the Service after said termination.
Sections 2, 4, 6 and 9-13 shall survive termination of these Terms.
Your interactions with organizations and/or individuals found
on or through the
Service, including payment and delivery of goods or services, and any other
terms, conditions, warranties or representations associated with such dealings,
are solely between you and such organizations and/or individuals. You agree
that OpenMLS shall not be responsible or liable for any loss or damage of
any sort incurred as the result of any such dealings. If there is a dispute
between participants on this site, or between users and any third party, you
understand and agree that OpenMLS is under no obligation to become involved.
In the event that you have a dispute with one or more other users, you hereby
release OpenMLS, its officers, employees, agents and successors in rights
from claims, demands and damages (actual and consequential) of every kind or
nature, known or unknown, suspected and unsuspected, disclosed and undisclosed,
arising out of or in any way related to such disputes and / or our service.
The Service is protected to the maximum extent permitted by
copyright laws and
international treaties. Content displayed on or through the Service is
protected by copyright as a collective work and/or compilation, pursuant to
copyrights laws, and international conventions. Any reproduction, modification,
creation of derivative works from or redistribution of the Sites or the
collective work is prohibited. Copying or reproducing the sites or any portion
thereof to any other server or location for further reproduction or
redistribution is prohibited. You further agree not to reproduce, duplicate or
copy Content from the Service, and agree to abide by any and all copyright
notices displayed on the Service. You may not decompile or disassemble, reverse
engineer or otherwise attempt to discover any source code contained in the
Service. Without limiting the foregoing, you agree not to reproduce, duplicate,
copy, sell, resell or exploit for any commercial purposes, any aspect of the
Service.
Although OpenMLS does not claim ownership of content that its users post, by
posting Content to any public area of the Service, you automatically grant, and
you represent and warrant that you have the right to grant, to OpenMLS an
irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use,
copy, perform, display, and distribute said Content and to prepare derivative
works of, or incorporate into other works, said Content, and to grant and
authorize sublicenses (through multiple tiers) of the foregoing.
YOU AGREE THAT USE OF THE OPENMLS SITE AND THE SERVICE IS
ENTIRELY AT YOUR OWN RISK. THE OPENMLS SITE AND THE SERVICE ARE PROVIDED ON AN
"AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL
EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF
PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY
LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, OPENMLS DISCLAIMS ANY WARRANTIES
FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE
OPENMLS SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, OPENMLS
DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR
ADVERTISED ON THE OPENMLS SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH
ANY LINKS ON THE OPENMLS SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, OPENMLS
DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION
WITH THE OPENMLS SITE OR THE SERVICE. Some jurisdictions do not allow the
disclaimer of implied warranties. In such jurisdictions, some of the foregoing
disclaimers may not apply to you insofar as they relate to implied warranties.
UNDER NO CIRCUMSTANCES SHALL OPENMLS BE LIABLE FOR DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF
OPENMLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM
ANY ASPECT OF YOUR USE OF THE OPENMLS SITE OR THE SERVICE, WHETHER THE DAMAGES
ARISE FROM USE OR MISUSE OF THE OPENMLS SITE OR THE SERVICE, FROM INABILITY
TO USE THE OPENMLS SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION,
MODIFICATION, ALTERATION, OR TERMINATION OF THE OPENMLS SITE OR THE SERVICE.
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON
OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION
WITH THE OPENMLS SITE OR THE SERVICE OR ANY LINKS ON THE OPENMLS SITE, AS WELL
AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN
CONNECTION WITH THE OPENMLS SITE OR THE SERVICE OR ANY LINKS ON THE
OPENMLS SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY
LAW. In some jurisdiction, limitations of liability are not permitted.
In such jurisdictions, some of the foregoing limitation may not apply to you.
If we decide to change our privacy policy,
we will post those changes on our homepage so our users are always aware of what
information we collect, how we use it, and under circumstances, if any, we disclose it.
If at any point we decide to use personally identifiable information in a manner different
from that stated at the time it was collected, we will notify users by way of an email.
Users will have a choice as to whether or not we use their information in this manner. We
will use information in accordance with the privacy policy under which the information
was collected.
You agree to indemnify and hold OpenMLS, its officers, subsidiaries,
affiliates, successors, assigns, directors, officers, agents, service
providers, suppliers and employees, harmless from any claim or demand,
including reasonable attorney fees and court costs, made by any third party due
to or arising out of Content you submit, post or make available through the
Service, your use of the Service, your violation of the Terms, your breach of
any of the representations and warranties herein, or your violation of any
rights of another.
The Terms constitute the entire agreement between you and
OpenMLS and govern your use of the Service, superceding any prior agreements
between you and OpenMLS. The Terms and the relationship between you and OpenMLS
shall be governed by the laws of the State of Florida without regard to its conflict
of law provisions. You and OpenMLS agree to submit to the personal and
exclusive jurisdiction of the courts located within the county of Orlando,
Florida. The failure of OpenMLS 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. 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 the Service or the
Terms must be filed within one (1) year after such claim or cause of action
arose or be forever barred.
Please report any violations of the Terms, by emailing to
abuse@openmls.org. Our failure to act with respect to a breach by you or
others does not waive our right to act with respect to subsequent or similar
breaches.
You understand and agree that, because damages are often
difficult to quantify, if actual damages cannot be reasonably calculated then
you will be liable to pay OpenMLS liquidated damages as follows:
a. If you post a message that (1) impersonates any person or entity; (2)
falsely states or otherwise misrepresents your affiliation with a person or
entity; or (3) that includes personal or identifying information about another
person without that person's explicit consent, you agree to pay OpenMLS one
thousand dollars ($1,000) for each such message.
b. If OpenMLS establishes limits on the frequency with which
you may access the Service, or terminates your access to or use of the Service,
you agree to pay OpenMLS one hundred dollars ($100) for each message posted in
excess of such limits or for each day on which you access OpenMLS in excess of such
limits, whichever is higher.
c. If you send unsolicited email advertisements to OpenMLS email addresses
or through OpenMLS computer systems, you agree to pay OpenMLS twenty five
dollars ($25) for each such email.
d. If you post messages in violation of these Terms of Use,
other than as
described above, you agree to pay OpenMLS one hundred dollars ($100) for
each such message. In its sole discretion, OpenMLS may elect to issue a
warning before assessing damages.
Otherwise, you agree to pay OpenMLS's actual damages, to the extent such
actual damages can be reasonably calculated.
We welcome your feedback on this document by using our online
feedback form at http://www.openmls.org/feedback/index.html.
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