Welcome to MLS-Delivery! These terms and conditions define our relationship. By using the site, you agree to be bound by the terms and conditions specified here, and any applicable laws and regulations. Anyone who visits, views, uses, logs-in, or subscribes are parties to this agreement. Using, accessing or viewing MLS-Delivery.com or MLS-Photograpy.com by any method signifies your constructive actual notice, knowledge of, and your agreement to be bound by terms as posted on MLS-Delivery.com and MLS-Photography.com.
To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas, and you hereby consent to the exclusive jurisdiction and venue of courts in Texas, County of Tarrant in all disputes arising out of or relating to the use of or access to MLS-Delivery.com and MLS-Photography.com. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. The most current version of the terms will supersede all previous versions.
Any entity, individual, organization, or business with more than four (4) photographers, or uploading more than 40 properties a week are specifically prohibited from Subscribing to the Media Delivery services provided by MLS-Delivery.com and MLS-Photography.com. This product is designed and dedicated for the use of individual, small teams, and independent professional real-estate (property) photographers. Corporate interfaces and media delivery systems are provided under special contractual agreements and are excluded from subscribing from this site.
Use of MLS-Delivery.com and MLS-Photography.com is prohibited and specifically unauthorized in any jurisdiction that does not give effect to all provisions of these terms. Unless otherwise specified, this agreement constitutes the entire agreement between the user and MLS-Delivery, MLS-Photography, and MLS-images, Inc.with respect to MLS-Delivery.com and MLS-Photography.com and it supersedes all prior or contemporaneous communications, whether electronic, oral or written, between the user, viewer, subscriber, MLS-Delivery, MLS-Photography, and MLS-images, Inc.with respect to MLS-Delivery.com and MLS-Photography.com.
Subscribers with upload capabilities are strictly prohibited form uploading media (images, photographs, video, graphics or data) that is unacceptable, undesirable, or inappropriate including media that: features models, or property containing sexual situations or depictions, exploits the human form in any manner, or that offends local standards of decency, is obscene or pornographic, discriminatory, offensive, political, contains religious or other cultural symbols in a way that is likely to offend a particular religious or ethnic group, considered to be unflattering or unduly controversial to a reasonable person or the owners and stock holders of MLS-Delivery.com.
MLS-Delivery, MLS-Photography, and MLS-Images, Inc. may, but has no obligation to, monitor content on the MLS-Delivery.com and MLS-Photography.com. We will provide information to satisfy our legal obligations, necessary protect MLS-Deliver, MLS-Photography, and MLS-Images, Inc. and its subscribers. MLS-Delivery, MLS-Photography, and MLS-Images, Inc. in its sole discretion, may refuse to post, remove, or require you to remove any media, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
Subscribers with upload capabilitieswho violate content restrictions:Your subscription will be terminated, any unused portion of your subscription will not be refunded and you will be reported to your local authorities.
To the maximum extent permitted by law, in no event shall MLS-Delivery, MLS-Delivery.com, MLS-Photography, MLS-Photography.com and MLS-images, Inc.and its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use MLS-Delivery.com and MLS-Photography.com or related services, the provision of or failure to provide services, or for any information, software, products, plugins, checklists, services obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if MLS-Delivery, MLS-Photography, and MLS-images, Inc.or any of its suppliers has been advised of the possibility of damages.
In order to access protected areas of MLS-Delivery.com and MLS-Photography.com, You must register to create an account. During the registration process, you will be required to provide certain information and you will establish a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.
MLS-Delivery, MLS-Photography, and MLS-images, Inc. with respect to MLS-Delivery.com and MLS-Photography.com reserves the right to suspend or terminate Your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under Your Account, whether or not you have authorized such activities or actions. You will immediately notify MLS-Delivery, MLS-Photography, or MLS-images, Inc. with respect to MLS-Delivery.com and MLS-Photography.com of any unauthorized use of Your Account.
Visitors, viewers, users, logs-ins, or subscriberswill not attempt to probe, scan, or test the vulnerability of any of the systems or networks or breach any of the security or authentication measures.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and MLS-Delivery and MLS-Photography, MLS-images, Inc. as a result of this agreement or use of MLS-Delivery.com and MLS-Photography.com.
The restrictions of the free trial are determined solely at the discretion of and MLS-Delivery, MLS-Photography, and MLS-images, Inc. with respect to MLS-Delivery.com and MLS-Photography.com and may be modified at any time. The free trial is provided once and only upon your first registration, and used for a single property. The free trial is not provided upon subsequent registration by visitors viewers, users, subscribes or Subscriber’s agents or affiliates.
Access to MLS-Delivery.com and MLS-Photography.com is granted when you, the Subscriber selects and purchases a Subscription Plan. Upon selection and purchase, access to MLS-Delivery.com and MLS-Photography.com will be provided in accordance with the terms of the specific Subscription Plan selected by You, the Subscriber.
The Term of use agreement for MLS-Delivery.com and MLS-Photogrphy.com will commence when You, the Subscriber click “I accept” or “I agree”. This Term of use agreement shall continue from the Start Date through the term specified by the Subscription Plan.
Licenses. MLS-Delivery, MLS-Photography, and MLS-images, Inc. with respect to MLS-Delivery.com and MLS-Photography.com grants Subscribers a limited, non-exclusive, non-transferable, license to access and use the Media Delivery Service and other subscription services solely for business purposes from the Start Date through the term specified by the Subscription Plan.
Subscription Fees. Subscriber will pay to MLS-Delivery, MLS-Photography, and MLS-images, Inc. with respect to MLS-Delivery.com and MLS-Photography.com fees in connection with the Subscription Plan selected by Subscriber to use the Media Delivery Service. Thereafter, Subscription Fees for Subscriber’s use of the media delivery Service, shall be as described and as selected by You, the Subscriber via MLS-Delivery.com and MLS-Photography.com.
Renewal. Your subscription is set to AUTOMATICALLY RENEW, you authorize MLS-Delivery or MLS-Photography, MLS-Images, Inc. to charge the applicable subscription fees at the then applicable rate for the subscription to your credit card on file at the expiration of the term. We will deactivate Your subscription without prior notice if we are unable to process payment through the credit card provided by You.
MLS-Delivery.com and MLS-Photography.com reserves the right, in its sole discretion, to terminate your access to MLS-Delivery.com and MLS-Photography.com and related services, at any time, for any reason, without notice.
Subscriber’s Right to Terminate. After the Start Date, you may terminate this Agreement for any reason prior to the beginning of each renewal term as indicated by the First Renewal Date and the Renewal Period of the Subscription Plan by delivering written or electronic notice of termination at least ten (10) days prior to the beginning of each renewal term.
Refund of Subscription Fees. Upon termination of this Agreement, any unused prepaid Subscription Fees will not be refunded to Subscriber.
IMAGE LICENSE AND COPYRIGHT OF THIRD PARTY IMAGES
Third party images, graphics data or copyright materialsare subject to restrictions of use defined by federal copyright law and require additional license agreements with the copyright holder. You as the Subscriber are solely responsible for obtaining all required license and copyright agreements with each image, graphic, data or copyrighted material’s owner. If You, the Subscriber does not obtain the required license and copyright agreements for the third party images, graphics, data, or copyright materials and as such is in violation of the image, graphics, data or copyright materials owner’s licensing requirements, or protected copyrights, MLS-Delivery, MLS-Photography, and MLS-images, Inc. WILL terminate access until, you, the Subscriber obtains such license agreements with the image, graphics, data or copyrighted material’s owner.
It is solely Your responsibility to ensure compliance with the standards defined by the MLS servicing your area.
We encourage you to link your Portfolio page, Biography page, tours and videos, to your website and social media. You may link by using standard text hyperlinks, MLS-Delivery logo, MLS-Photography logo, brand name, and icons. We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
We do not sell or rent data collected via our Websites to other parties. MLS-Delivery, MLS-Photography, and MLS-images, Inc. is the sole owner of the information collected on our Websites. The information may consist of both Personally Identifiable Information (“PII”) and Non-Personally Identifiable Information (“Non-PII”), and is collected in order to conduct business.
We may use the information we collect, including Personal Information and usage data for the following: to enable You to use our Media Delivery Service, to create an account, to process information you provide, including verifying that your email address is active and valid, and to process Your payment transactions; to provide customer care, including responding to your questions; for internal business purposes, such as to improve our Services; to contact you with administrative communications, to comply with regulatory and legal obligations.