DMCA & User Permission Policy and Procedures

Background

This Site operated for the benefit of Broker Resource Network (hereinafter “Us”, “We”, or “Our”) and displays information about the real estate profession, products or services related to the real estate business, issues related to the real estate profession, and information posted by You and other Site or Account Users (“Submissions”).

Inappropriate Submissions

You agree not to post any Submission to the Site that: contains vulgar, profane, abusive, hateful, or sexually explicit language, epithets or slurs, text in poor taste, inflammatory attacks of a personal, sexual, racial or religious nature, or expressions of bigotry, racism, discrimination or hate; is defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, or unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights or right of publicity of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity; unfairly interferes with any third party’s uninterrupted use and enjoyment of the Site; advertises, disparages, promotes or offers to trade any goods or services in any manner that does not comport with the purpose or spirit of the Site, is intended primarily to promote a cause or movement, whether political, religious or other; contains copyrighted content (copyrighted articles, illustrations, images, text, or other content) without the express permission of the owner of the copyrights in the content; constitutes, promotes or encourages illegal acts, the violation of any right of any individual or entity, the violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability; discloses any personal identifying information relating to or images of a minor without consent of a parent, guardian or educational supervisor; infringes any copyright, trademark, patent, trade secret, or other intellectual property right; contains viruses or other harmful, disruptive or destructive files; or is inappropriate for minors to view; links to any commercial or other website; and/or is not otherwise in compliance with the Terms of Use applicable to this Site.

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:

  1. You are the author of the Submission, or

  2. The Submission is not protected by copyright law, or

  3. You have express permission from the copyright owner to use the Submission in connection with the Sites; and You have the right to grant Us the license set forth below, and Your use of the Sites and Submission(s) do not violate the Our Terms of Use applicable to the Site(s) to which You post the Submission.

User License Grant to Us

You grant Us, Our affiliates, and related entities a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, store, publish, transmit, perform, distribute, reproduce any Submissions You provide to Us in any form, media, software or technology of any kind now existing or developed in the future.  Without limiting the generality of the previous sentence, You authorize Us to include the Submissions You provide in a searchable format that may be accessed by users of the Site.  You also grant Us and Our related entities the right to use any of Your Personally Identifiable Information (as that term is defined in Our applicable Privacy Policy), included with any Submission in connection with the use, reproduction or distribution of such Submission.  You also grant Us the right to use the Submissions and any facts, ideas, concepts, know-how or techniques (“Information”) contained in any Submission or communication You send to Us for any purpose whatsoever, including but not limited to, developing, promoting and/or marketing products and services.  You grant all rights described in this paragraph in consideration of Your use of the Site, without compensation of any sort to You.  We do not claim ownership of Submissions.

Disclaimer of Responsibility for Material

We do not endorse any Submissions, nor do any Submission necessarily represent Our views or those of Our subsidiaries and affiliates, agents, members, officers or directors.  You acknowledge and agree that We do not control any Submissions, and disclaim any responsibility for such Submissions.  We specifically disclaim any duty, obligation, or responsibility, to review, screen, refuse to post, remove, or edit any Submissions.  In addition, We do not represent or warrant that any other content or information accessible via the Sites is accurate, complete, reliable, current or error-free.  We do not assume any responsibility or liability for any errors or omissions in the content of the Sites or in any Submissions.

Your Representations and Warranties

We reserve the right (but disclaim 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 Our web hosting service provider [email protected] or [email protected] to request removal of such content or Submission; however, We disclaim any duty, obligation or responsibility to comply with such request except as specifically outlined in this Policy.  We also reserve the right (but disclaim 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.

Digital Millennium Copyright Act (DMCA) Procedure

DMCA Compliants:

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 Our 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 Our 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 appropriate office address]

ATTN: DMCA Complaint, or send the required information by email to [email protected] 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 Our web hosting service provider removes or disables access to content in response to a DMCA Complaint, We or Our 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 We or Our 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 Our service provider with a counter notification by written communication labeled “DMCA Counter Notification” by sending such information to [insert appropriate mailing address] or by email to [email protected].  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.

This Agreement was last updated: January 18, 2021.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE:

[“I Accept” Hyperlink]


Privacy Policy (last updated January, 21, 2021)

“You” or “Your” shall mean the person or entity accessing this website (the “Website”) and using the services available on it (the “Services”).

“We”, “Us” or “Our” shall mean Broker Resource Network, which owns and operates the Website.

This Privacy Policy describes the types of information We gather from users of, and visitors to, this Website and how that information is used.  Please read this policy carefully before You provide Us with any personal information.  If You have questions about this policy, please email Us at [insert appropriate email address]

  1. You are the author of the Submission, or
  2. The Submission is not protected by copyright law, or
  3. You have express permission from the copyright owner to use the Submission in connection with the Sites; and You have the right to grant Us the license set forth below, and Your use of the Sites and Submission(s) do not violate the Our Terms of Use applicable to the Site(s) to which You post the Submission.

Information We Collect

We log your IP address in order to help diagnose problems with Our server, administer Our website and track usage statistics.  Your IP address may vary each time You visit or it may be the same.  It would be extremely difficult for Us to identify You through Your IP address, and We make no attempt to do so.  If You reached Our site by clicking on a link or advertisement on another site, then We also log that information.  This helps Us maximize our Internet exposure and understand Our users’ interests.  All of this information is collected and used only in the aggregate; that is, it is entered into Our database where We can use it to generate overall reports on Our visitors, but not individual reports that identify You personally.

Cookies and Beacons

We also place a small text file known as a “cookie” on Your computer’s hard drive. A cookie may contain information that allows Us to track Your path through Our website and to determine whether You have visited Us before. Unless You register with Us as a Registered User of the Website, the cookie does not contain any personally identifiable information that would allow Us to identify You. Cookies cannot be used to read data on Your hard drive and cannot retrieve information from any other cookies created by other websites. We use cookies in this manner to help Us understand how visitors use Our site and to help Us to improve Our site. You may refuse to accept a cookie from Us by following the procedures specific to Your Web browser. Although You may do so, You may find that Your browser reacts strangely when visiting Our website and other websites linked through Us. Since cookies do not provide Us with any information from which We can identify You, We suggest You allow Us to place a cookie on Your computer.

We may use Web beacons on Our site or other sites and may permit third parties to place them on Our site to monitor the effectiveness of advertising or for other legitimate purposes. A Web beacon, also known as a “Web bug,” is a small, graphic image on a Web page, Web-based document or in an e-mail message that is designed to allow the site owner or a third party to monitor who is visiting a site. Web beacons are often invisible to the user because they are typically very small (only 1-by-1 pixel) and the same color as the background of the Web page, document or e-mail message. Web beacons are represented as HTML IMG tags in the Web page. Users can click on “view profiles” of the Web page to see whether the page is using a Web beacon. Web beacons collect the IP address of the computer to which the Web beacon is sent, the URL of the page from which the Web beacon comes, and the time it was viewed. Web beacons can also be linked to personal information. For example, advertising networks use Web bugs to add information to a personal profile of what sites a person is visiting and to determine what banner ads to display based on the profile. Another use of Web bugs is to provide an independent accounting of how many people have visited a particular website. Web bugs are also used to gather statistics about Web browser usage at different places on the Internet.

We also give You the option to become a Registered User and open an Account with Us. If You do so, we ask You to create a user name and unique password, and provide us with Your email address and other personal information so You can access certain content that We maintain on a password protected section of the Website, and to enable Us to communicate with You about other information pertaining to the content and services displayed to Registered Users of the Website.

How We Use the Information We Collect

We use the information We collect to help You:

  • find the most relevant information by organizing the website optimally
  • find relevant content and other information about the real estate profession.

 

You can control whether You receive emails from Us by following the instructions at the end of each email We send. You may also opt-out by sending an email to [email protected]. We may also use the information You provide to allow Us to contact You for administrative purposes; for example, to tell You about changes to Our privacy policy.

We may also use certain information that You provide to Us to present You with advertising that You may find interesting. This benefits both of Us. It benefits Us because advertising helps pay the bills, and We can charge Our advertisers more if they know that their ads will be seen by somebody more likely to find them useful. It benefits You because You see advertising that may actually be interesting to You, rather than annoying.

Disclosure of Information

We do not rent or sell personal information about You to third parties, except: (1) with Your express consent, (2) as necessary to complete a transaction You have requested, (3) for marketing purposes (unless You have chosen not to receive such communications, in certain business transactions), (4) when required by law, or (5) when necessary to protect Our rights or property. We reserve the right to use in any manner and disclose any non-personal information that We collect including cookie and traffic data. We do not combine personal information with any of the non-personal information gathered on Our site.

We may release personal information when We believe release is appropriate to comply with the law (e.g., a lawful subpoena, warrant or court order); to enforce or apply Our policies; to initiate, render, bill, and collect for amounts owed to Us; to protect Our rights or property, or to protect any of Our Registered Users or Account holders from fraudulent, abusive, or unlawful use of Our Site or Services; or if We reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records without delay.

We may use third party service providers to assist Us with the administration of the site or otherwise perform services on Our behalf, including transaction processing and sending email messages. Such third parties may be supplied with or have access to Your personal information solely to provide services to Us or on our behalf.

We may use third parties, called third-party ad servers or ad networks, to deliver ads to You on Our behalf. These third-party ad servers may collect and use non-personally identifiable information about Your visits to our Site to present advertisements that may be of interest to You. If You would like more information about this practice or to opt out of having this information used by third-party ad servers to provide targeted ads.

Information about Our users, Account holders/Registered Users, and the Site is Our business asset. Therefore, information about Our users, Account holders/Registered Users, including personal information, will be disclosed as part of any merger or acquisition, creation of a separate business to operate the Site, our Services, or fulfill products, sale or pledge of company assets, as well as in the event of an insolvency, bankruptcy or receivership in which personal information would be transferred as one of Our business assets.

Security

We use commercially reasonable security measures to protect against the loss, misuse, and alteration of the information under Our control. Nevertheless, We cannot guarantee the protection of information against interception, misappropriation, misuse, or alteration or that Your information may not be disclosed or accessed by accidental circumstances or by the unauthorized acts of others. You should be aware that We have no control over the security of other sites on the Internet that You might visit, interact with, or from which You buy products or services.

Individuals Younger Than Eighteen Years

The Site and the content available in connection therewith, are neither intended for, nor directed to, children under the age of eighteen. You must be at least eighteen years old to have Our permission to use Our Site and to provide Your personal information to Us. If We learn that a person under the age of eighteen has created an account at Our Site, We will promptly terminate that individual’s registration and account and delete the individual’s personal information from Our records. We will NOT knowingly distribute personal information about persons under the age of eighteen to third parties.

Policy Changes

We reserve the right to change this policy when We deem it advisable to do so. If We make significant changes that affect the use or disclosure of Your personal information, We will make reasonable efforts to notify You of the changes and to give You the opportunity to cancel Your registration or account with Us.