I am making application to the River Counties Multiple Listing Service under the following terms, conditions, and consents.
I agree to abide by the Constitutions, Bylaws, and Rules and Regulations of the River Counties Multiple Listing Service along with the State and National governing documents, and REALTORS®.
I understand I must be a member in good standing at a primary REALTOR® Association to receive MLS privileges and access.
I understand these governing documents may be amended from time to time. I further consent and authorize the RCMLS to ransfer the information in my MLS file to any other MLS. I certify to the best of my knowledge the following information is true.
COPYRIGHT AGREEMENT
Pursuant to the DMCA (Digital Millennial Copyright Act) https://www.copyright.gov/dmca/ and Federal Copyight laws, user agrees to uphold copyright integrity and intellectual property mandates.
All files of the subject database MLS (“Database”) change on a daily basis.
Changes include the addition and deletion of records and changes to fields in existing records. The Database includes original selection, coordination, and arrangement.
User attests to original authorship of all media and descriptions and assign such copyright privileges to RC-MLS for the purposes of managing the MLS Database. Users uploading listing content to RC-MLS Database do so pursuant to a click-through agreement that provides that the selection, coordination, and arrangement of the listing content that they submit for inclusion in the Database is a work made for hire for the Copyright Claimant (RC-MLS).
As a result, the Copyright owner (RC-MLS) is deemed owner of the selection, coordination and arrangement registration.
Uploading users may upload as many as 60 or more photographs per property listing. Users typically have available to them dozens of photographs of each property and creatively select the number of photos and the photos to be included in the listing content based on judgment concerning how to best market the property.
Users agree to follow all MLS rules regarding photos and other media, and understand the first photo, pursuant to the rules for the property type, must stay on the platform post-closing.
User understands and agrees they will not use photos or descriptions of properties, without express written permission, from the original artist or writer (i.e. agents, broker, photographer, media professional, seller, etc.) on any platform, including all social media.
USE OF COPYRIGHTED MLS COMPILATION
Participants shall, at all times, maintain control over and responsibility for each copy of any MLS compilation leased to them by the association of REALTORS®, and shall not distribute any such copies to persons other than subscribers who are affiliated with such participant as licensees, those individuals who are licensed or certified by an appropriate state regulatory agency to engage in the appraisal of real property, and any other subscribers as authorized pursuant to the governing documents of the MLS. Use of information developed by or published by an association multiple listing service is strictly limited to the activities authorized under a participant’s licensure(s) or certification, and unauthorized uses are prohibited. Further, none of the foregoing is intended to convey participation or membership or any right of access to information developed or published by an association multiple listing service where access to such information is prohibited by law.
DISPLAY OF CONTENT
Participants and those persons affiliated as licensees with such participants shall be permitted to display the MLS compilation to prospective purchasers only in conjunction with their ordinary business activities of attempting to locate ready, willing, and able buyers for the properties described in said MLS compilation. ALL IDX REQUESTS MUST BE SUBMITTED USING THE MLS DATA LICENSING AGREEMENT.
UNAUTHORIZED USE OF CONTENT
Any participant who believes another participant has engaged in the unauthorized use or display of listing content, including photographs, images, and audio or video recordings, and virtual tours, shall send notice of such alleged unauthorized use to the MLS. Such notice shall be in writing, specifically identify the allegedly unauthorized content, and be delivered to the MLS not more than sixty (60) days after the alleged misuse was first identified. No participant may pursue action over the alleged unauthorized use and display of listing content in a court of law without first completing the notice and response procedures outlined in this Section 9.3 of the MLS rules.
Upon receiving a notice, the Board of Directors will send the notice to the participant who is accused of unauthorized use. Within ten (10) days from receipt, the participant must either: 1) remove the allegedly unauthorized content, or 2) provide proof to the Board of Directors that the use is authorized. Any proof submitted will be considered by the Board of Directors, and a decision of whether it establishes authority to use the listing content will be made within thirty (30) days.
If the Board of Directors determines that the use of the content was unauthorized, the Board of Directors may issue a sanction pursuant to Section 7 of the MLS rules, including a request to remove and/or stop the use of the unauthorized content within ten (10) days after transmittal of the decision. If the unauthorized use stems from a violation of the MLS rules, that too will be considered at the time of establishing an appropriate sanction.
If after ten (10) days following transmittal of the Board of Director’s determination the alleged violation remains uncured (i.e. the content is not removed or the rules violation remains uncured), then the complaining party may seek action through a court of law.
CONFIDENTIAL TERMS
It is hereby a agreed between the River Counties MLS, and applicant, that the password used by the user and the data retrieval procedure shall be maintained in total confidentiality. Failure to maintain the confidentiality of the password and data retrieval procedures will result in imediate discontinuance of computer services for the user. Reinstatement of computer services will be determined by the MLS Committee with approval by the Board of Directors.
Computer printed reports, shall be maintained in total confidentiality, and will be controlled in a manner consistent with the MLS and Comparable Data Rules and Regulations established by the River Counties Multiple Listing Service.
The user acknowledges that accesss and use of the River Counties Multiple Listing Service and comparable data service is contingent upon compliance with the rules and regulations of the multiple listing and comparable service. Failure of the applicant to abide by the rules and regulations may subject user and/or the particiapnt to sanction, provided the recipient of such sanction may file for an appeal with the River Counties Multiple Listing Service Board of Directors within (20) days of the committee's decision being rendered.
Further, the user also, by submission of this agreement, hereby understands that the data from the River Counties Multiple Listing Service may not be shared or used in any way by persons or entities whom/which are not active RCMLS users.
The user further understands and agrees that any information derived from the MLS will be for the use and benefit of the user's real estate business and not for any other company(s) for whom the user may work. (i.e., mortgage companies; title companies may not have access to the active MLS data.) These types of companies may make application for the comparable information access only and must be a Preferred Partner Member of the Association.
I agree to the above stated MLS User Information Password Confidentiality/Compliance Agreement. I understand MLS Fees are separate from membership dues and are billed bi-annually.
CONSENT TO MONITORING
The River Counties Multiple Listing Service ("RCMLS") aggregates information pertaining to real property. This aggregation of information is compiled from Participants and Subscribers and is placed on a Multiple Listing Service ("MLS"). The undersigned requests access to the information as a Subscriber, defined in the MLS By-Laws, and includes Licensees and Users. A subscriber can only obtain access to the RCMLS by going through a Participant. As a condition for access, the undersigned consents to the RCMLS monitoring the access and usage of the Subscriber.
NOW, in consideration of the access to the RCMLS, Subscriber acknowledges and agrees to the following:
1. Subscriberhas no ownership or property interest in the data and information aggregated by the RCMLS and placed in the MLS data file. The aggregated data and informtion is the exclusive property of the RCMLS.
2. Subscriber has no ownership interst in any of their individual listings. All listings are the proeprty of the Participant, as the Principal or Managing Broker. The access of the Subscriber's access is subject to following the Rules and Regulations and By-Laws of the RCMLS.
3. Subscriber is requesting and if such request is granted, to receive only a limited, revocable license for the access and usage of RCMLS services.
4. Subscriber stipulates that the RCMLS has a financial interest in its data and services and a legitimate business need to monitor and audit the access, usage, data, and the operations of the RCMLS.
5. Subscriber knowingly consents to the RCMLS monitoring the access and usage of all of the RCMLS data, information, and services by the Subscriber.
6. Subscriber expressly acknowledges that the Subscriber is familiar with the Rules and Regulations and By-Laws of the RCMLS and consents to the RCMLS sharing with or disclosing to the Participant the history or any other record concerning the access and usage of the RCMLS by the Subscriber.
7. Subscriber waives any notice of monitoring and agrees that a record of access and usage may be compiled by the absolute discretion of the RCMLS Board.
8. Subscriber agrees to indemnify and hold the RCMLS harmless for any loss, damage, or claim, incurred due to the misuse of access or information and any violation of the Rules and Regulations and By-laws of the RCMLS by the Subscriber or anyone using the username and password of the Subscriber. This indemnification includes but is not limited to reasonable attorney's fees and costs and expenses related to arbitration or litigation incurred by the RCMLS.
9. If Subscriber changes firms or no longer continues as a Subscriber, the terms of this consent shall continue as a personal obligation of the Subscriber.
10. If any provision or part of this consent form is found to be uneforceable, then the remaining portions of the consent form shall be enforceable as written with deletion of the unenforceable portion.
11. This Agreement shall be governed by the laws of the State of Tennessee.
By signing your name below you are agreeing to all the terms and provisions listed above.
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