data, text, material, photographs and images contained within the Site, including, without limitation,
all FMLS real estate listings, virtual tours, audio and video content available on or through the Site
OWNERSHIP AND USE
You acknowledge and agree that the Site and its Content are either the property of FMLS or a third party and
used by FMLS with permission. The Site and Content are protected by federal, state and international copyright,
trademark and other laws. Ownership of the Content and any and all intellectual property rights ("Intellectual
Property") associated with the Content are retained by the owner. Except as otherwise expressly permitted by
upload, transmit, display, publish or distribute Content (including, without limitation, any trademark, logo
or other service mark of FMLS or third parties) from the Site in any way without FMLS' or the appropriate third
express or implied rights to the Content or the Intellectual Property of FMLS or any third party. You must keep
intact all proprietary notices, including copyright notices, contained on any Content and comply with any
applicable laws in the use of any Content.
FMLS grants you a limited, personal, nontransferable, non-assignable, revocable license to access and use the
Site only in the manner presented and for the sole purpose of facilitating your sale of real estate as part of
a real estate brokerage business. You are not authorized to sell, use or provide access to the Site or any Content
for commercial gain. If you are accessing the Site as a member of FMLS, your access to any use of the Site and
Content are further subject to the then-current FMLS Rules and Regulations, which may provide for additional
rights to use the Content (e.g. for broker price opinions or competitive market analysis). Any access or use that
is inconsistent with these terms is unauthorized and strictly prohibited.
HYPERLINKING OR UPLOADING OF CONTENT, INCLUDING PHOTOS AND VIRTUAL TOURS
Any and all content, images, information, data, photographs, virtual tours or other materials that you hyperlink
to the Site, upload onto the Site or provide to FMLS in any form or medium, whether for inclusion on the Site,
inclusion in the FMLS database or for other use and distribution as part of FMLS services, are collectively
referred to as the "Work". You represent and warrant that (i) you own or have a valid and enforceable license
to such Work and (ii) you have the full right, power and authority to provide to FMLS the Work in the form and
medium submitted for use by FMLS.
By uploading or otherwise providing the Work, or access to the Work, to FMLS, you hereby irrevocably assign
and transfer to FMLS all of your worldwide right, title and interest (including, without limitation, all
copyrights (now existing or hereafter acquired) and all other intellectual property rights) in and to the Work.
If it is determined that any of the Work may not be assigned or transferred to FMLS under law, you hereby
grant and agree to grant to FMLS an exclusive, worldwide, royalty-free, irrevocable license and right in
perpetuity to use, reproduce, store, distribute, perform, publicly display, transmit the Work and prepare
derivative works and adaptations of the Work in connection with the advertising and listings of real property,
the real estate industry and FMLS' business, including, without limitation, in connection with the Site, the
FMLS database and systems of FMLS and its third party providers and such other properties and services of FMLS.
Without limiting the foregoing, FMLS has the right to authorize, distribute and sublicense these rights in the
Work (through multiple tiers) to third parties, at FMLS' discretion, including, without limitation, real estate
listing portals and related providers of real property advertising and listings.
FMLS retains the full right and authority to enforce its rights in and to the Site and Content and to take any
action as FMLS deems appropriate on account of any infringement of, access to, or use of, the Site or Content,
in whole or in part, in an unauthorized manner. Upon the reasonable request of FMLS, you agree to cooperate with
FMLS and execute such documents and instruments and perform such acts which FMLS reasonably determines may be
necessary to enforce its rights in and to the Site and Content.
By uploading or otherwise providing access to the Work, you waive any moral or similar rights you may have in
the Work. FMLS is not required to submit any materials that contain the Work to you for any approval prior to use.
Digital Millennium Copyright Act ("DMCA") POLICY
If you are a copyright owner or an agent thereof and you believe that any content or link on the Site or a
syndicated real estate listing infringes upon your copyrights, you may submit a notice pursuant to the DMCA
by following the instructions provided in FMLS's DMCA Policy. Click here for additional information
FMLS may from time to time make form documents and materials available on the Site for download.
All forms are provided solely for convenience. Any use of the forms is at the user's own risk,
and the forms and information generated by or referred to in the forms may be changed or updated
without notice. The selection of appropriate forms and the proper modification and completion of
all necessary documentation for the forms is the user's responsibility. The provision of any forms
does not constitute legal advice to you or any other person. The forms may not be appropriate for
your transaction and may not comply with the applicable laws in your jurisdiction. Additional
documentation not provided by this Site or with the forms may be required for your transaction.
You should consult your own legal counsel. You acknowledge and agree that the provision of any
forms does not make FMLS an agent or broker for purposes of the purchase or sale of real estate.
YOU UNDERSTAND AND AGREE THAT THE SITE AND CONTENT (INCLUDING, WITHOUT LIMITATION, ANY FORMS) ARE
PROVIDED "AS-IS," WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
AND FMLS EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ACCURACY.
FMLS MAKES NO WARRANTY THAT THE SITE OR CONTENT INCLUDING, WITHOUT LIMITATION, ANY FORMS) WILL MEET
YOUR EXPECTATIONS, WILL BE ERROR-FREE, OR THAT THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE
AND CONTENT INCLUDING WITHOUT LIMITATION ANY FORMS) WILL BE ACCURATE AND RELIABLE.
ACCESS TO AND USE OF THE SITE AND CONTENT INCLUDING, WITHOUT LIMITATION, ANY FORMS) IS AT YOUR OWN
DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LIABILITIES OR DAMAGES RESULTING
LIMITATION OF LIABILITY
IN NO EVENT SHALL FMLS, ITS AFFILIATES AND AGENTS BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING
IN ANY WAY TO THE SITE, THE CONTENT, AND/OR ANY HYPERLINKED SITE OR SERVICE, WHETHER BASED ON WARRANTY,
CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FMLS HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, THE CONTENT AND/OR HYPERLINKED
SITE OR SERVICE IS TO STOP USING THE SAME. THE FOREGOING REMEDIES ARE EXCLUSIVE AND ARE LIMITED TO
You agree to indemnify, defend and hold FMLS, and its affiliates, officers, agents, partners and employees,
harmless from any and all claims, demands, liabilities, costs, losses, judgments, damages or expenses
(including reasonable attorney's fees and expenses), arising out of or relating to: (1) your use or misuse
of Content; or (4) violation of any third party intellectual property, proprietary, personal or privacy
rights, including, claims arising from any Work or use thereof by FMLS, its members, licensees or
You agree that FMLS, in its sole discretion, may, for any reason and at any time, (1) modify, remove or
delete any Content; and/or (2) terminate your access to and use of the Site and/or any Content.
JURISDICTION AND LAW
without reference to conflict of laws principles. You agree that any action or proceeding arising out of
Georgia and in no other jurisdiction.
and supercede any other agreement, oral or written, between you and FMLS with respect to the foregoing.