RealtyZapp Terms & Conditions

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website. You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.

RealtyZapp Copyright Information

Copyright © 2016 RealtyZapp, Inc. All Rights Reserved.

RealtyZapp.com is the property of RealtyZapp, Inc. Unless otherwise stated, RealtyZapp Inc. and/or its licensors own the intellectual property rights in the website and material on the website and it is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Subject to the license below, all these intellectual property rights are reserved. RealtyZapp.com is the ongoing result of the work of many employees and contractors. All of the information on RealtyZapp, including specific property information, logos, graphic design and text are owned and copyrighted by RealtyZapp, Inc. RealtyZapp, Inc. does not grant permission to make permanent copies of information on RealtyZapp.com or to reproduce or transmit the information without the express written consent of RealtyZapp, Inc.

RealtyZapp.com and the RealtyZapp logo are registered trademarks of RealtyZapp, Inc under the applicable laws of the United States. All RealtyZapp product or service names or logos appearing in this web site are either trademarks or registered trademarks of RealtyZapp, Inc.  

You may view, download for caching purposes only, and print pages or send e-mails from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. 

Unacceptable Uses

You Must NOT:

RealtyZapp Submission Terms

In these terms and conditions, "your user content" means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for the purpose of marketing your listings or your services to the general public.

The submission of information to RealtyZapp, and use of the real estate information services available through the RealtyZapp.com website, are subject to the following terms and conditions. Each time you log in, you agree to the following Terms and Conditions, which constitute a legal agreement between you and RealtyZapp, Inc. If you do not agree to the entirety of these Terms and Conditions, do not submit information to, or access information from the site. All questions concerning these terms and conditions should be directed to:

RealtyZapp, Inc, at Info@realtyzapp.com.

RealtyZapp may update these terms and conditions at any time without notice. You grant to RealtyZapp Inc. a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to RealtyZapp Inc. the right to sub-license these rights, and the right to bring an action for infringement of these rights.

RealtyZapp.com membership privileges are granted to individual brokers, agents or property owners; not to companies, real estate firms or agencies, and of course, not to competing listing services, their agents or affiliates.  RealtyZapp has the right to refuse service to any member, individual or organization that refuses to respect our liberal terms and conditions, or abuses their privileges related to any RealtyZapp services. As a registered user, you agree to give RealtyZapp permission to communicate with you via email, phone or fax for any purpose, including things like service announcements or marketing messages.  Under no circumstances will RealtyZapp have any liability for sending any email to its registered users/customers. And we encourage you to e-mail us with suggestions on how to improve our service to you.

Submission and Administration of Listings

As a registered user, you agree to only submit listings of properties that you either own wholly or in part, or have obtained the exclusive right to represent the owner in either a sale or lease of the property. And you must update these listings at least every 30 days to maintain their accuracy and active status. If you repeatedly enter listings which you are not authorized to represent, we reserve the right to cancel your account and remove such unauthorized listings. We wish to keep every customer we earn, so please do not abuse the system.

For materials you post or otherwise provide to RealtyZapp in connection with your use of the RealtyZapp website, you grant RealtyZapp an irrevocable, perpetual, royalty-free worldwide license to (a) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate any and all such material, in connection with the RealtyZapp website or in any other media, and (b) sublicense these rights, to the maximum extent permitted by applicable law.                                          

You agree to maintain an accurate phone number and email address in order to submit and update active property listings on RealtyZapp.com so that they may be searched, accessed and downloaded by other users of RealtyZapp.com. We shall have the sole authority to choose the manner in which listings will be searched, displayed, accessed, downloaded and otherwise used on RealtyZapp.com and retain the right to modify or remove any property listings that may violate any of the terms herein. RealtyZapp Inc. is not responsible for listing accuracy and while we make reasonable efforts to backup data, you are solely responsible for retaining back-up copies of all information, photographs and other materials provided to RealtyZapp.com. RealtyZapp Inc. does not undertake to monitor the submission of such content to, or the publication of such content on, this website. Therefore, all information offered by RealtyZapp to Users is provided solely for general information, and does not constitute real estate, legal, tax, accounting, or other professional advice. Before acting on any information provided by RealtyZapp, we recommend that you consult the appropriate professional. RealtyZapp.com is for personal and internal use only, and any information or content obtained from the site shall not be for further distribution, publication, or preparation of derivative works or in connection with any other listing service. As a registered user, you shall not use the site as part of any effort to compete with RealtyZapp, including without limitation using the site to provide, alone or in combination with any other product or service, any database services to any third party or any use that causes a reduction or loss from an existing or potential RealtyZapp customer; nor shall you use any automated process to monitor, data mine or copy RealtyZapp products, services or information; decompile, decode or reverse engineer RealtyZapp software; or use RealtyZapp products or services in an unlawful manner, such as for offensive, abusive, tortuous, libelous, defamatory or other illegal purposes.

RealtyZapp, Inc’s Photo Upload Policy

Submitting Photographs: You may not upload property photographs to this site unless you either own the photos or have the right to provide them to RealtyZapp. In particular, any photos taken by or obtained from third parties unless you are the owner of the photos or have been authorized by the owner to submit them. Any listings with copyrighted images (containing watermarks, logos or any other questionable markings) may be removed at our sole discretion. By uploading photographs to the RealtyZapp website, you understand that RealtyZapp shall have the right to use and distribute the photographs, to allow said photographs to be downloaded, copied or distributed, by other persons accessing RealtyZapp.

Passwords/Logins

So that we can keep our rates competitive and our users happy, please guard your password, and don’t share it with anyone. All listings are branded to your firm, and you as an individual professional, so do not dilute that by sharing accounts. We do not want to cancel anyone’s subscription. However, RealtyZapp reserves the right to cancel any subscription for any reason, including without limitation account sharing. Your Information

The information you provide to RealtyZapp about yourself or your employer may be used to communicate with you but will not be provided to third parties, except as required by law or court order, or in the good-faith belief that such action is necessary to comply with the law or a court order.

Payment Terms

You agree to pay for your subscription through RealtyZapp.com using the payment method indicated, and provide RealtyZapp express authorization to charge selected fee to the Customer's payment provider at time of purchase or renewal. Subscriptions are for three (3) or twelve (12) month periods and will not renew automatically unless you specifically select this option on the billing page. RealtyZapp Inc. reserves the right to change its fees, payment frequency or billing methods at any time, however for as long as a customer continually maintains their subscription without interruption, their rate shall not increase. Upon subscription expiration, if your account is not renewed within 30 days, it shall be canceled and pricing protection shall cease. Subscription fees paid are non-refundable, regardless of whether the subscription is terminated prior to the end of the then-current three (3) or twelve (12) month billing period. You must notify RealtyZapp Inc. about any billing problems or discrepancies within 60 days or you waive any right to dispute such problems or discrepancies. You have the right to upgrade or downgrade your RealtyZapp.com subscription at any point of renewal by contacting support@RealtyZapp.com.  We are as flexible as your business demands.

Advertising

RealtyZapp’s business may be partly funded through advertising. You understand and agree that the RealtyZapp website and your use thereof may include advertisements, and that these are necessary to support the website and the services provided by RealtyZapp. To help make the advertisements relevant and useful to you, RealtyZapp may allow advertisements based on the information we collect from you or in relation to your interaction on our site.

Unsolicited Email (Spam)

You may not use RealtyZapp’s e-Mail system or other social media or messaging services to generate or send (spam) or any other unsolicited content that would violate these Terms and Conditions. By using Z-Mail, you agree to send email only to those who have given consent or with whom you have an existing business relationship. RealtyZapp reserves the right to suspend or terminate your subscription if you are found to be a “spammer”.

Automated Queries

Automated queries (including screen and database scraping, spiders, robots, crawlers and any other automated activity with the purpose of obtaining information from the RealtyZapp website) are strictly prohibited, unless you have received express written permission from RealtyZapp. As a limited exception, publicly available search engines and similar Internet navigation tools ("Search Engines") may query the RealtyZapp website and provide an index with links to the RealtyZapp website, only to the extent such unlicensed "fair use" is allowed by applicable copyright law. Search Engines are not permitted to query or search information protected by a security verification system ("captcha") which limits access to human users.

Termination

RealtyZapp reserves the right to terminate your subscription at any time without prior notice with or without cause. Causes for termination may include but are not limited to, breaches or violations of the Terms and Conditions, requests by law enforcement, fraudulent or illegal activity by you, discontinuance, modification or technical difficulties of RealtyZapp services, nonpayment of RealtyZapp.com subscription fees, account inactivity or or security issues. Upon termination, RealtyZapp shall have no obligation to maintain or forward any content in your account.

Ownership and License Grant

RealtyZapp retains all rights title and interest in the RealtyZapp Website and all underlying technology and data including any enhancements and improvements thereto (“Intellectual Property”).  As a registered user, you agree that you will not, and you will not direct or allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of RealtyZapp's technology or delete or alter author attributes or copyright notices. You agree to use the RealtyZapp system solely for your own use and shall not allow others to use the RealtyZapp system under or through your login ID/email and password. Intellectual Property referred to in the preceding paragraph includes all registered or unregistered intellectual property rights arising under statutory or common law, contract, or otherwise, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.

No Warranty

REALTYZAPP PROVIDES THE SERVICES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REALTYZAPP AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. REALTYZAPP AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. 

Liability Limitation; Exclusive Remedy

IN NO EVENT WILL REALTYZAPP OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF REALTYZAPP’S WEBSITE OR ANY REALTYZAPP SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY SET FORTH BELOW AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST REALTYZAPP OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

Maps and Directions Disclaimer

The maps and directions information provided by RealtyZapp have been obtained from sources believed reliable, including Google Maps. Google Maps is supplied by Google Corporation, and its use is subject to Google’s applicable Terms of Use. Google's terms of use are located at http://www.google.com/intl/en_us/help/terms_maps.html.  RealtyZapp has not verified the information and RealtyZapp does not warrant the reliability or accuracy of Google Maps, or any other map service utilized in connection with RealtyZapp’s website.

Links to Third Party Sites

RealtyZapp’s website and services include links to third-party products, services, websites, hyperlinks to other websites, and materials provided by third parties. RealtyZapp does not endorse, and takes no responsibility for such products, services, websites, and/or materials. RealtyZapp makes no representations or warranties regarding the legality or appropriateness of any third party products, services, websites, hyperlinks or materials. You understand that RealtyZapp has no obligation to, and does not, review, evaluate, approve or monitor materials provided by third parties. Your dealings with any third party arising in connection with your use of RealtyZapp’s website are solely between you and such third party, and RealtyZapp takes no responsibility for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.

Other Rights of RealtyZapp, Inc

You agree to grant RealtyZapp the right to use listings, photos and other information submitted to us for any purpose, including without limitation the publication of all or part of such listing on the Internet for unrestricted use by RealtyZapp users and partners. RealtyZapp shall have sole authority to choose the manner in which any listing will be received, displayed and used by the RealtyZapp website and reserves the right to remove all or any part of a listing or refuse service to anyone at any time in its sole discretion. RealtyZapp shall have no obligation to (i) resolve disputes among users of the RealtyZapp website or other services; or (ii) monitor or verify the accuracy or proper use of the listings on the RealtyZapp website. RealtyZapp reserves the right to modify or change any and all terms and conditions at any time. The most current copy of these terms and conditions will be posted here listing the latest revision date.

Claims of Copyright Infringement

RealtyZapp respects the intellectual property rights of others, and all registered users of RealtyZapp’s website are required to respect the intellectual property rights of RealtyZapp and any other persons or entities associated with RealtyZapp website. If you believe that your work has been reproduced by RealtyZapp in a way that constitutes copyright infringement you may notify RealtyZapp’s copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:

  1. Identification of the copyrighted work that you claim has been infringed;
  2. Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on RealtyZapp’s website so that the copyright agent can locate it;
  3. Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
  4. A signed statement that the above information is true and accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation.

Address for RealtyZapp's copyright agent:

Eric O. Husby, Esq.
Legal Counsel
306 South Boulevard
Tampa, FL 33606

We may forward any notice(s) of alleged infringement pursuant to this Section to the person(s) who provided the allegedly infringing content.

Release

You release RealtyZapp, its affiliates, and their respective directors, officers, employees and agents from all liability related to any and all claims and demands you may assert against any third party arising out of your use of the RealtyZapp website. You agree that you will not bring any claim personally against RealtyZapp Inc.’s officers or employees in respect of any losses you suffer in connection with the website. Without prejudice to the foregoing, you agree that the limitations of warranties and liability set out in this website disclaimer will protect RealtyZapp Inc.’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as RealtyZapp Inc.

Indemnity

You hereby indemnify RealtyZapp Inc. and undertake to keep RealtyZapp Inc. indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by RealtyZapp Inc. to a third party in settlement of a claim or dispute on the advice of RealtyZapp Inc.’s legal advisers) incurred or suffered by RealtyZapp Inc. arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Governing Law; Choice of Forum

These terms and conditions and the services provided by RealtyZapp Inc. shall be governed by the laws of the State of Florida. All users hereby consent to the exclusive jurisdiction and venue of the state or federal courts situated in Hillsborough County, State of Florida for the adjudication of any disputes or claims arising out of and/or related to RealtyZapp.

Breaches of these terms and conditions

Without prejudice to RealtyZapp Inc.’s other rights under these terms and conditions, if you breach these terms and conditions in any way, RealtyZapp Inc. may take such action as RealtyZapp Inc. deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Assignment

These terms and conditions shall be binding upon and shall inure to the benefit of you and RealtyZapp and your/its successors and permitted assigns. The rights under these terms and conditions or any license granted hereunder may not be assigned, sublicensed or otherwise transferred by you without the prior written consent of RealtyZapp, which retains the right to withhold consent in its sole discretion.

Waiver and Severability

The failure of RealtyZapp to exercise or enforce a legal right or remedy contained in these Terms and Conditions does not constitute a waiver of any such right or remedy. No waiver of any right, term or provision of the Terms and Conditions is deemed a waiver of any other right, term or provision. If a court of competent jurisdiction finds any provision of the Terms and Conditions to be invalid, Customer agrees that the remaining terms and provisions remain in full force and effect.

Notices

All notices to Company must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to Registered Agent at RealtyZapp Inc. as set forth at www.sunbiz.org.

Changes to the Terms and Conditions

RealtyZapp may change these Terms and Conditions at any time and for any reason. If RealtyZapp decides to change any of these Terms and conditions, we will post those changes to these Terms and Conditions, the homepage at RealtyZapp.com, and other places we deem appropriate so that you are aware of any changes. Please check this page regularly to ensure you are familiar with the current version.

Last Updated: July 2016