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The submission of information to, and use of, the real estate information services (collectively, the "Service") available through the Creative Realty Zone LLC’s web site (located at http://www.creativerealtyzone.com) is subject to the following terms and conditions (the "Terms and Conditions" or the "Agreement"). BY SUBMITTING INFORMATION to, or accessing information from, the Service, YOU, the end user customer ("Customer") AGREE TO THE FOLLOWING TERMS AND CONDITIONS. These Terms and Conditions are a legal agreement between you and Creative Realty Zone LLC (or the "Company"). You also agree to the Listing Policy & Guidelines (the "Listing Policies") available by hyperlink at the top of this page.
If you do not agree to these Terms and Conditions and to the Listing Policies, do not submit information to, or access information from, the Service. All questions concerning this Agreement should be directed to: customer@creativerealtyzone.com . The Company may update these terms and conditions at any time and without notice. The latest version of the terms and conditions is available on our website.
GENERAL PROVISIONS
Membership Privileges:
Membership privileges are granted by the Company to individuals exclusively and are granted specifically to the subscribing registered member only. No employee, independent contractor, agent, or affiliate of a competing real estate information service is permitted to access any of the Password Protected Areas of the Site without express written permission from us. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered member without the express written permission of the Company. We require that each registered user maintain a valid email address and a password, which shall be utilized for logging on to the Site. Members are not permitted to share their individual logon information with others. The Company has the right to refuse service to any member, individual, organization, or firm (and all members associated or affiliated with said organization or firm) that refuses to abide by the terms and conditions herein, refuses to abide by the Listing Policies as posted and displayed on the Site, or abuses their rights related to the Service. There are two types of users on the Site. (1) Premium Users - Real Estate professionals who can search and utilize the Site as a buy/sell listing resource, and have with varied access level depending on maximum property values and annual/monthly commitment, or (2) Basic Users - users who can only add properties for sale, and cannot browse listings, and are charged a transaction fee at the time of sale.
Submission and Administration of Listings
Customer agrees not to submit any property descriptions, photographs, financial, contact or other information contained in each Property's data to the Site unless the Customer has received all necessary rights and authorizations, including from the photographer and/or copyright owner of any photographs, to publish and advertise the Property on our Site. Specifically, Customer will not submit a photograph if Customer received the photograph from a third party information provider under the terms of a license that does not allow posting of such photograph on the Site. The Company may, in its sole discretion but without any obligation to search for such, remove Properties that are alleged to have been submitted in violation of this provision. In addition, the Company may require additional evidence of compliance with this provision from Customers who are alleged to have submitted Properties or other information in violation of this Agreement. The Company will, in its sole discretion, terminate the accounts of, and refuse service to, any Customer who repeatedly or knowingly violates this Agreement. Customer agrees to maintain accurate contact information (specifically, a valid phone number and email address) in order to submit and maintain active property listings on the Site. Additionally, the Customer agrees to allow the Property listing, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the our Site. The Company shall have the sole authority to choose the manner in which any Property will be searched, displayed, accessed, downloaded, copied, and otherwise used on the Site and Company shall have the right to modify the property listing in the exercise of its rights under this Agreement. The Customer (a) represents and warrants that all Properties and associated information provided by the Customer will be accurate; (b) agrees that the Customer will not permit the posting of a property on the Site Service under a name other than the named appointee that has been engaged by the property owner to market the property under the terms of a duly executed listing agreement with the owner; (c) agrees to administer the Properties provided by the Customer and maintain their accuracy at all times. The Company reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Properties posted on the Site. The Company accepts no responsibility for checking the accuracy of reports or data files submitted by the Customer. While the Company shall take all reasonable efforts for data backup and business resumption, the Customer will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides. The Company may add digital watermarks to certain parts of your property listing, including photographs. We add these digital watermarks to protect against the copying or further distribution of your photographs without your permission.
Use of Information
Customer agrees to treat all information obtained from the Service, including listings, member directory, historical transaction information ("Recent Sales"), and any information otherwise made available to Customer in the Service (individually and collectively, the "Content") as proprietary to our Company. Customer agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of the Company. We do not ensure the accuracy of, endorse or recommend any Content and Customer uses such Content at the Customer's own risk. Customer may access the active property listings in the Service and/or the Recent Sales information solely to obtain initial information from which further evaluation and investigation may commence.
The Company’s Investment Market Reports and other similar information, reports and services (individually and collectively "CRZ Market Reports"), the Service, and any and all Content offered by the Company to Customer ARE PROVIDED SOLELY FOR GENERAL INFORMATION, AND DO NOT CONSTITUTE REAL ESTATE, LEGAL, TAX, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE. BEFORE ACTING ON ANY INFORMATION PROVIDED BY the Company, CUSTOMER SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.
Customer shall limit access to and use of active property listings, member directory, CRZ Market Reports, and Recent Sales information to personal and internal use, and shall not use any information obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. Customer shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to Customer in the Service, for or in connection with any other listing service or device. Customer further shall not use the Service in any other manner for or in connection with any other listing service or device. Customer shall not use the Site Service as part of any effort to compete with us, including without limitation using the Site Service 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 customer, nor shall Customer remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in the Site Service. Customers violating these specific terms, specifically those customers searching the Service in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership and will be assessed an excessive use fee of $500.
Nature of Customer's Business
If Customer or an Affiliate of Customer owns properties and intends to market them directly via the Site Service, such Customer represents that it either (a) markets, using its own facilities, more than 2/3 of those properties which it owns and controls, or (b) markets properties for third parties where such third party brokerage services account for more than twenty percent (20%) of the total revenues of the entity.
Payment Terms
Customer agrees to pay for all products ordered through the Site using the payment method indicated, and provides the Company express authorization to charge said fees to the Customer's payment provider at time of purchase or renewal. Fees owed depend on the specific type and quantity of products, services, information, or deliverables (collectively "Deliverables") ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Customer. If payment is not current, we may immediately cease to provide any and all Deliverables to the customer. The fees paid for monthly subscriptions are non-refundable, regardless of whether the subscription is terminated prior to the end of the then-current monthly billing period. Prepaid fees will be refunded based on the number of months remaining on the contract period, beginning with the month following receipt of written cancellation, but may be subject to adjustment according to current monthly product pricing and subject to adjustment for any incentives or discounts provided for said prepayment. A customer choosing to cancel a prepaid subscription prior to the end of its prepaid term may also be subject to a $15 processing fee. No partial month refunds will be provided.
Subscriptions will automatically renew using the Customer's current credit card account number unless Customer cancels their subscription on the Site at http://www.creativerealtyzone.com/ProductCancellations three (3) days prior to the renewal date to cancel such subscription. All cancellation requests will be processed within five (5) business days. Once the cancellation is processed, a confirmation email will be sent via the customer's email account on record. If Customer has a question about a cancellation, Customer should contact Client Services at customer@creativerealtyzone.com or at 347-328-0549. The Company reserves the right to change its fees or billing methods at any time. The Company will provide timely notice to the affected Customers of any such changes.
It is the Customer's responsibility to promptly provide the Company with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). Account updates should be made online via the "My Account" tab within the "My creative" section, once Customer has logged into www.creativerealtyzone.com. We do not validate all credit card information required by the Customer's payment provider to secure payment.
The Customer must notify the Company about any billing problems or discrepancies within 90 days after charges first appear on their Account statement. If it is not brought to our attention within 90 days, Customer agrees to waive their right to dispute such problems or discrepancies.
Premium Subscriptions
The Company offers one distinct paid subscription membership product to its active property service: (i) a paid subscription product for those Customers who primarily utilize the Service to actively list, search, and market creatively financeable properties available). A Customer who purchases a Real Estate professional membership is a "Premium User." Premium Subscription privileges are granted by the Company to individuals exclusively and are granted specifically to the subscribing Premium User only. Premium Subscription rights can not be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the subscribing Premium User without the express written permission of the Company. Premium Subscription privileges are subject to change from time to time and may be subject to property listing, property searching, and member directory searching limitations. Under Premium Professional Membership, Premier, Ultimate, Guerilla, are available for purchase online; higher Premium Listing Plans are available for purchase by calling 347-328-0549 or emailing customer@creativerealtyzone.com. Customer acknowledges that the Company (in addition to its other remedies) can cancel and prohibit Premium Subscription privileges to any individual, organization, or group that does not abide by the terms and conditions set forth herein and/or can refuse any or all membership privileges. We also have the right to refuse service to any customer or company that has delinquent charges that remain unpaid and to impose additional charges to reactivate Premium Subscription or other membership privileges. Premium Membership subscriptions continue to renew at the prevailing level regardless of Customer's listing or searching activity on creativerealtyzone.com. Premium Subscriptions will automatically renew to the credit card number provided for initial payment unless the Customer cancels their subscription on the Site at http://www.creativerealtyzone.com/ProductCancellations three (3) days prior to the renewal date to cancel such subscription. The Company reserves the right to change its fees, payment frequency, or billing methods at any time. The Company will provide timely notice of any such changes.
The second service is a transactional fee service based on a percentage of the full sale price of a property. For non-premium members, this fee is fixed at 5% of the transaction. For premium members, the fee starts at 3%, and is waived once the total aggregate of transaction fees equals or exceeds the highest premium tier monthly fee * 12 months.
A Customer will have the option to change current non-premium membership level to a Premium Membership. If a customer downgrades from premium to non-premium, no partial month refunds will be provided. Premium Users may change current membership level to a lower Premium Listing Plan or to a non-premium Membership by clicking to "Change Plan or Cancel Membership" under "My Account". Prepaid fees will be refunded based on the number of months remaining on the contract period, beginning with the month following receipt of online request submission to change membership level, but may be subject to adjustment according to current monthly product pricing and subject to adjustment for any incentives or discounts provided for said prepayment. No partial month refunds will be provided.
Recent Sales Subscriptions
Recent Sales subscription privileges are granted by the Site to individuals exclusively and are granted specifically to the subscribing individual only. Recent Sales subscription rights can not be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the subscribing individual without the express written permission from the Company. Recent Sales subscription privileges are subject to change from time to time and are subject to record retrieval limitations of no more than the membership’s Recent Sales detailed information records per month (the "Monthly Cap").
Guerilla 100
Ultimate 75
Premier 50
On the attempt to view the 101st Recent Sales detailed information record in a given month, the Site will inform such subscriber with an online informational message indicating: (i) that such subscriber has reached the Monthly Cap; (ii) that the Company may, at its sole discretion, grant such subscriber an additional twenty-five (25) Recent Sales detailed information records free of charge for that month; and (iii) should such subscriber exceed the 125 Recent Sales detailed information record threshold for that month, such subscriber will be assessed the per-record price as indicated in the online information message beginning with the retrieval of the 126th Recent Sales detailed information record in that month. Customer acknowledges that the Company (in addition to its other remedies) can cancel and prohibit Recent Sales subscription privileges to any individual, organization, or group that does not abide by the terms and conditions set forth herein and/or can refuse any or all Recent Sales subscription privileges. Upon cancellation of a Premium Membership, Customer will not retain the right to view any previously retrieved Recent Sales detailed information records stored in Customer's Recent Sales account folder, and such records will not be reinserted in Customer's folder should such Customer cancel his/her membership and subsequently re-subscribe at a later date. The Company reserves the right to change its fees, payment frequency, or billing methods at any time. The Company will provide timely notice of any such changes.
Unsolicited Commercial Email (Spam)
The Company prohibits the use of our system or its tools to generate or send unsolicited commercial email (spam). Customers may not use the Email The Broker, Email a Friend service or other email services that the Site offers to send spam (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms and Conditions. We retain the right to revoke the privileges of any customer or company that breaches these terms.
Ownership and License Grant
The Company retains all rights (including Intellectual Property Rights as defined below), title and interest in the Site, all underlying technology and data including any enhancements and improvements thereto as a result of providing the Deliverables hereunder. Customer will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of our Company’s technology or delete or alter author attributes or copyright notices. Customer shall use the Site Service solely for their own use and shall not allow others to use the Site Service under or through that Customer's login ID/email and password.
Intellectual Property Rights means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (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.
Limitation of Liability and Indemnification
IN NO EVENT SHALL the Company BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, LOSS OF USE OR OF DATA, OR INTERRUPTION OF BUSINESS) ARISING OUT OF THIS AGREEMENT. Customer's exclusive remedy, and the Company’s entire liability under this Agreement shall be a refund to Customer of the fees paid to the Company’s hereunder, and in no event will the Company’s liability for any reason exceed such fee. the Company’s (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from Customer's use of the Deliverables, and Customer shall indemnify the Company’s (and the Company’s officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys' fees) as a result of a claim by any person other than Customer arising from Customer's use or application of the Services or the Deliverables.
Warranty Disclaimers
THE LISTINGS, SERVICE, RECENTSALES INFORMATION, AND the Company’s MARKET REPORTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. The Company MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS, SERVICE, RECENTSALES INFORMATION, OR CRZ MARKET REPORTS, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND the Company’s SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND, UNDER THE LAW OF THE UNITED KINGDOM, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES.
Links to Third Party Sites
This web site may contain hyperlinks to other web sites operated by parties other than Creative Realty Zone LLC. and its subsidiaries which are beyond our control. Parties other than us may provide services or sell product lines on this site that take you outside of our service. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding relationship. For example, if you click on a banner advertisement the click may take you off the Company’s site. We do not control, and are not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their web sites. The Company does not assume any liability for the actions, product, and content of all of these and any other third parties. We make no representations and cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material on such third party web sites. When you click on a link that leaves the our site, the site you will land on is not controlled by us and different terms of use and privacy statements may apply. The Company also does not assume, and expressly disclaims, all liability for any viruses, worms, Trojan horses, defects, or other malfunctions caused by, resulting from, existing within, or in connection with such third party sites and any links thereto.
Other Rights of the Company’s, Inc.
Customer agrees that the Company shall have the right to use Listings and other information submitted to it for any purpose, including without limitation for publication of all or part of such Listing on the Internet for unrestricted use by our customers and partners. We shall have sole authority to choose the manner in which any Listing will be received, displayed and used by the Service, and reserves the right to remove all or any part of a Listing or refuse Services to anyone at any time in its sole discretion. The Company shall have no obligation to (i) resolve disputes among users of the Service; or (ii) monitor or verify the accuracy or proper use of the Listings. We reserve 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 and available for review on the Company’s corporate web site, located at http://www.creativerealtyzone.com.
Copyright Complaints
If you believe that your work has been copied onto the Company’s in a way that constitutes copyright infringement, please provides the Company’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying the Company’s that your copyrighted material has been infringed.
* An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
* A description of the copyrighted work that you claim has been infringed upon;
* A description of where the material that you claim is infringing is located on the Company’s, with identifying information for the listing, if applicable;
* Your address, telephone number, and e-mail address;
* 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;
* A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Address for the Company’s copyright agent:
Governing Law
This Agreement, and the Deliverables provided by the Company’s, shall be governed by the laws of the State of Wyoming, without reference to conflict of laws principles. The parties hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of Laramie County, Wyoming for the adjudication of any disputes or claims arising out of and/or related to this Agreement. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which shall remain in full force and effect.
Assignment
This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Agreement or any license granted hereunder may not be assigned, sublicensed or otherwise transferred by Customer without our prior written consent, which retains the right to withhold consent in its sole discretion.
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 Manager, Creative Realty Zone LLC, 2710 Thomes Ave, Cheyenne, WY, 82001.
Entire Agreement
The terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement.
Last Updated: June 1, 2008
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2008 Creative Realty Zone.