UPLOADER AGREEMENT

PLEASE READ THIS UPLOADER AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE UPLOADING CONTENT  (“USER CONTENT”) TO BE MADE AVAILABLE TO USERS OF DMV CREATIVE REAL ESTATE COMMUNITY (DMVCRE).

IF YOU DO NOT AGREE TO THESE TERMS, YOU CANNOT UPLOAD, PUBLISH, OR DISTRIBUTE, USER CONTENT ON DMVCRE.

1. Eligibility.

In order to upload User Content to DMVCRE, You must: (i) register for a DMVCRE account (Your “Account”); (ii) be at least 18 years of age (or the age of majority in your place of residence if it is other than 18) and if You are uploading User Content to DMVCRE on behalf of an organization, You must be an authorized representative of such organization with the authority to bind such organization to these terms and agree to these terms on behalf of such organization; and (iii) Your DMVCRE Account must be active and in good standing (among other things, this means that Your account cannot be restricted or suspended). DMVCRE reserves the right to refuse or revoke Your access at any time, at its sole discretion, with out cause and without notice to You.

2. Incorporation by Reference.

The following additional DMVCRE terms, policies, and guidelines are expressly incorporated herein and form a binding part of this Agreement as if reproduced fully herein:

  1. General Terms of Use
  2. Privacy Policy

3. Certain Rights of DMVCRE.

DMVCRE will solely control all features and functionality of the Site and will have the right to modify, change, or amend the same at all times, at its sole discretion.  DMVCRE reserves the right to remove or delete User Content at any time, at its sole discretion, without cause and without notice to You.

4. Authorization to Upload.

Subject to Your full and timely compliance with all of the terms and conditions set out in this Agreement, DMVCRE hereby authorizes You to upload and distribute authorized digital content, including electronic documents. User Content is uploaded at Your own risk.  Notwithstanding anything to the contrary herein, DMVCRE neither guarantees against unauthorized copying or distribution of User Content nor will DMVCRE be liable for any unauthorized copying or usage of the User Content.

5. Prohibited Uses.

Your authorization to use DMVCRE for the uploading and distribution of User Content is subject to the following restrictions:

(i) You may not share, copy, adapt, redistribute, reconfigure, modify, create derivative works from, resell, profit from, or otherwise exploit content accessed on the Site, other than as permitted by DMVCRE; or

(ii) You may not act in any way that violates DMVCRE’s Terms of Use, any other Guidelines, or any other agreement between DMVCRE and Yourself, or engage in any action or practice that disparages or devalues DMVCRE’s reputation or goodwill.

You acknowledge that any attempted or actual violation of any of the foregoing is a material breach of this Agreement and that DMVCRE may pursue any and all applicable legal and equitable remedies against You, including an immediate suspension of Your account or termination of this Agreement, and the pursuit of all available civil or criminal remedies.

6. Grant of License to DMVCRE.

By uploading User Content to DMVCRE, you hereby grant to DMVCRE a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, license (with the right to grant and authorize sublicenses) to host, transfer, display, perform, reproduce, distribute, compress or convert for distribution, monetize, charge money for, restrict access to view, restrict access to download, advertise against, and otherwise exploit Your User Content, in any media formats and through any media channels, in order to publish and promote such User Content in connection with services offered or to be offered by DMVCRE. Such license will apply to any form, media, or technology now known or hereafter developed. You grant DMVCRE the right to restrict access to view or to download your content (for example, without limitation, to paying users) and to charge users for access to your content, subject to certain configuration options provided to you by DMVCRE. Subject to the terms and limitations set forth herein, you may terminate this grant of license to DMVCRE as to any specific piece of User Content by removing or deleting that piece of User Content from the Services; provided, however, that it is understood and agreed that DMVCRE may retain a copy of any User Content as necessary for legal or archival purposes.

7. Grant of License to Other DMVCRE Users.

By uploading User Content to DMVCRE, you hereby grant to each User who is authorized to access Your User Content a non-exclusive license to access and use Your User Content under the terms indicated by You when You uploaded such User Content.  Notwithstanding the foregoing, You hereby grant to each such User at least a limited, non-exclusive, license to view, download (including, without limitation, download to a portable device, but subject to download restrictions either made by DMVCRE or by you), print and have printed such User Content for personal use in the manner contemplated by this Agreement and the Services The foregoing license granted by You terminates as to a specific piece of User Content once You remove or delete such User Content from DMVCRE, provided that User rights to such User Content arising out of distributions occurring on or prior to deletion of such User Content from the Services survive any termination or expiration of the license granted in this section 7.

8. Reservation of Rights.

Subject to the licenses granted herein, You retain all of Your ownership rights in User Content uploaded and owned by You.

9. Confidentiality.

You agree not to disclose the Confidential Information of DMVCRE without DMVCRE’s prior written consent.  For the purposes of this section, “Confidential Information” includes without limitation: (a) software, technology, specifications, guidelines, documentation or other materials relating to DMVCRE;  and (b) any other information designated by DMVCRE as “confidential” or an equivalent designation, whether orally or in writing.

10. Term and Termination.

10.1 Term.  The term of this Agreement will begin on the date You upload Your User Content and will continue until terminated in accordance with the provisions set forth in this Section 10 (the “Term”).

10.2 Termination.  DMVCRE may, at its discretion and without cause, liability, or prior notice to You, immediately terminate this Agreement, Your DMVCRE Account, or suspend Your DMVCRE upload privileges at any time.  You may terminate this Agreement either by cancelling your DMVCRE Account and removing the content, or by providing DMVCRE with written notification of intended termination through electronic mail at support@dmvcreativerealestate.com.  This Agreement will be deemed terminated by You fifteen (15) business days after DMVCRE’s receipt of such notification.

10.3 Effect of Termination.  Upon termination of this Agreement, any provision which, by its nature or express terms, should survive will survive such termination or expiration.

10.4 Retiring User Content.  If You choose to remove or delete Your User Content from DMVCRE it will not be available to Users following the date of such removal or deletion (the “Deletion Date”). Users who have downloaded offline copies of Your User Content (including, without limitation to DMVCRE’s Mobile Applications), may continue to access that content.

11. Your Representations and Warranties.

You are solely responsible for Your User Content and the consequences of uploading and publishing them.  By uploading and publishing Your User Content, You represent and warrant that:

(i) all of the information that You provide to DMVCRE under this Agreement is current and accurate;

(ii) You are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize DMVCRE and DMVCRE’s Users to use Your User Content in the manner permitted herein;

(iii) Your User Content does not and will not slander, defame, or libel any other party, violate any other party’s publicity rights or trade secret rights, be obscene, or otherwise unlawful;

(iv) Your User Content does not and will not violate DMVCRE’s General Terms of Use, or any other policy governing User Content or User behavior;

(v) You have not entered into any other agreement that is in conflict with the terms of this Agreement;

(vi) Your User Content does not contain any viruses, adware, spyware, worms, or other malicious code;

(vii)Your User Content is free of any digital rights management, including any software designed to limit the number of times User Content may be copied or played; and

(viii) no claim has been asserted nor have any proceedings been instituted by any third party against You or Your predecessors in title for the infringement of intellectual property rights in Your User Content.

12. DMVCRE Disclaimer of Warranties.

In addition to the warranties disclaimed in the General Terms of Use, DMVCRE expressly disclaims any warranty that the security measures used to protect User Content used by DMVCRE herein will be effective. DMVCRE makes no assurances that such security measures will withstand attempts to evade security mechanisms or that there will be no cracks, disablements or other circumvention of such security measures.

13. Relationship of the Parties; Remedies Cumulative.

The parties are independent contractors with respect to each other.  This Agreement does not constitute and may not be construed as constituting a partnership or joint venture among the parties hereto, or an employee-employer relationship. No party shall have any right to obligate or bind any other party in any manner whatsoever, and nothing herein contained shall give, or is intended to give, any rights of any kind to any third parties.  Rights and remedies provided in this Agreement are cumulative and not exclusive of any right or remedy provided at law or in equity.

14. Support.

For assistance with questions regarding this Agreement, send an email to support@dmvcreativerealestate.com. Responses will be provided as soon as possible.

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