THE LANDING™
RULES OF CONDUCT AND LEGAL TERMS
Thanks for choosing to participate in the exchange of ideas and information in the Missouri REALTORS® online community, THE LANDING. To ensure the best possible experience for all users, we have established these Rules of Conduct (“Rules”) applicable to those who participate. Please read this document carefully as it contains important information regarding your legal rights, remedies, and obligations in the context of using THE LANDING. If you have questions about the Rules or Legal Terms or THE LANDING itself, contact THE LANDING at 800-403-0101 Ext. 126 or email missourirealtors@morealtor.com.
Social networking tools and sites are constantly evolving. Missouri REALTORS®, therefore, reserves the right, in its sole discretion to change, modify, add, and delete portions of these Rules at any time without further notice. Such modifications will be effective immediately upon posting. You agree to review the Rules regularly to be aware of such modifications, and your continued access or use of our sites shall be deemed your conclusive acceptance of the modified Rules.
Missouri REALTORS® does not actively monitor THE LANDING for inappropriate postings and does not generally on its own undertake editorial control of postings. However, in the event that any inappropriate posting is brought to Missouri REALTORS®'s attention, Missouri REALTORS® will take action that it deems appropriate. Missouri REALTORS® reserves the right to terminate the right to use THE LANDING by any user who does not abide by the Rules.
THE RULES
- Don't intimidate, attack, or harass other users. The discussions on THE LANDING are meant to stimulate conversation not to create contention. Be courteous; let other users have their say, just as you may.
- Don't post commercial messages. Contact people directly with product and service information if you believe it would help them.
- Use caution when discussing products. Information posted on our sites is available for all to see, and is subject to libel, slander, and antitrust laws.
- Do not encourage or direct users to arrive at any agreement that either expressly or impliedly leads to price fixing, a boycott of another's business, or other conduct intended to illegally restrict free trade. Messages that encourage or facilitate an agreement about the following subjects are prohibited: prices, discounts, or terms or conditions of sale; salaries; profits, profit margins, or cost data; market shares, sales territories, or markets; allocation of customers or territories; or selection, rejection, or termination of customers or suppliers.
- All defamatory, abusive, profane, threatening, offensive, or illegal content is strictly prohibited. Do not post or link to anything on THE LANDING that you would not want the world to see or that you would not want anyone to know came from you.
- Do not post any information or other material protected by copyright without the permission of the copyright owner. By posting material, the posting party warrants that he or she owns the copyright with respect to such material or has received permission from the copyright owner. In addition, the posting party grants Missouri REALTORS® and users of THE LANDING a nonexclusive license to display, copy, publish, distribute, transmit, print, and use such information or other material.
- Do not use THE LANDING in any unlawful manner or in any other manner that could damage, disable, overburden, or impair THE LANDING or its underlying technology.
- Do not harvest or collect e-mail addresses or other contact information of other users by electronic or other means for the purposes of sending unsolicited e-mails or other unsolicited communications.
- Do not upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
- Do not upload, post, transmit, share, store, or otherwise make publicly available on THE LANDING any private information of any third party, including, addresses, phone numbers, e-mail addresses, Social Security numbers, credit card numbers, or financial information.
- Do not upload, post, transmit, share, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment that power THE LANDING.
- Do not upload, post, transmit, share, store, or otherwise make available content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law.
- Do not upload, post, transmit, share, store, or otherwise make publicly available objectionable content, content which restricts or inhibits any other person from using or enjoying THE LANDING, or which may expose Missouri REALTORS® or other users to any harm or liability of any type.
- Missouri REALTORS® reserves the right to delete any user created community without notice to the community manager if there has been no activity in the community for six months. MR shall not be liable to the community manager or any community member for any loss arising out of the deletion including, without limitation, the loss of access to data, files or other information posted to the community.
THE LEGAL TERMS
THE LANDING is provided as a service of Missouri REALTORS®. Missouri REALTORS® is not responsible for the opinions and information posted by non-Missouri REALTORS® employees on THE LANDING or on any of Missouri REALTORS®’s social networking and social media sites including, without limitation, YouTube, Facebook, LinkedIn and Twitter (collectively, the “Social Sites”).
Warranty Disclaimer. The Social Sites are provided “as is” and “as available” Missouri REALTORS® disclaims to the fullest extent permitted by law any and all representations and warranties, whether express or implied, including without limitation, implied warranties of title, merchantability, fitness for a particular purpose or noninfringement. Missouri REALTORS® has no control over the uptime of the Social Sites and makes no guarantees or warranties that the Social Sites may be inaccessible from time to time. Missouri REALTORS® reserves the right to modify, suspend or discontinue the Social Sites with or without notice at any time and without any liability to you. Missouri REALTORS® makes no warranties or representations about the accuracy or completeness of any content on the Social Sites and does not endorse any user content posted on thereon. Missouri REALTORS® assumes no liability or responsibility for any errors, mistakes, or inaccuracies of any content; personal injury or property damage of any nature whatever resulting from your access to and use of the Social Sites; any interruption or cessation of transmission to or from our Social Sites; any bugs or viruses which may be transmitted to or through the Social Sites by any third party. Missouri REALTORS® does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Social Sites or any hyperlinked website, or featured in any banner or other advertising, and Missouri REALTORS® will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of products or services.
LegalLine. THE LANDING includes an area called “LegalLine”. In this area, users can access questions and answers that were provided by Missouri REALTORS® attorneys in the scope of Missouri REALTORS®’s LegalLine service (“LegalLine”). Users of the LegalLine are advised that the LegalLine does NOT create an attorney-client relationship and is NOT a substitute for or designed to provide any legal or other professional advice, strategy or advocacy specific to any individual situation. LegalLine is solely intended and designed to serve as an educational tool and source of information to help keep Missouri REALTORS® members generally informed and aware on a variety of legal trends and approved legal topics. By providing users of THE LANDING with access to LegalLine questions and answers, Missouri REALTORS® is not creating an attorney-client relationship with any such user nor does it assume any actual or implied responsibility for any reliance on such information. Users of THE LANDING are advised to seek legal counsel for specific legal advice.
General Practices Regarding Use and Storage. You agree that Missouri REALTORS® has no responsibility or liability for the deletion of, or the failure to store or to transmit, any user content and other communications maintained by the Social Sites. Missouri REALTORS® retains the right to create limits on use and storage at our sole discretion at any time with or without notice.
Intellectual Property Rights. You acknowledge that Missouri REALTORS® owns all right, title and interest in and to all trademarks of the Missouri REALTORS® including, without limitation, THE LANDING, the look and feel of THE LANDING and all content posted on any Social Site by Missouri REALTORS® employees (the "Missouri REALTORS® Rights"). Missouri REALTORS® Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works therefrom. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Social Sites. Missouri REALTORS® Rights do not include any content that you or any third-party post as part of the Social Sites.
Limitation of Liability. Under no circumstances will Missouri REALTORS® be liable to any user for any indirect, incidental, consequential, special, or exemplary damages arising from any provision of the Rules, the Legal Terms or your use of the Social Sites. You specifically acknowledge that Missouri REALTORS® shall not be liable for user content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
Indemnity. To the fullest extent provided by law, you agree to defend, indemnify, and hold harmless Missouri REALTORS®, its Directors, Officers, members, affiliates, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorney’s fees) arising from your use of and access to the Social Sites; your violation of any of the Rules; your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right; any claim that one of your comments caused damage to a third party. The foregoing indemnification obligation will survive the termination of your right to use the Social Sites.
Waiver and Severability of Terms. The failure of Missouri REALTORS® to exercise or enforce any right or provision herein shall not constitute a waiver of such right or provision. If any provision herein is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions shall remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to your use of the Social Sites must be filed against Missouri REALTORS® within one (1) year after such claim or cause of action arose or be forever barred.
Last Revision: October 28, 2013