A. General Terms
DreamRealty.com (this “Website”) is an Internet website that gives users the opportunity to showcase their real estate properties via the Internet. DreamRealty.com offers the opportunity for its users to create listings for real estate that can be viewed by Internet users. The Website is the copyrighted property of Dream Realty, LLC, which also owns the trademark “DreamRealty.com.” Users may not use the copyrighted material or the trademark for any purpose, including, but not limited to, metatags on other pages or sites without the written permission of Dream Realty, LLC.
B. Membership in DreamRealty.com
1. General. The Website may be used only to promote or advertise commercial and other endeavors that relate to the sale or improvement of real property. You may not copy or distribute any portion of the site for any reason, at any time, without prior written consent from DreamRealty.com. You may not list any property unless you own it or have the right to list the property.
5. Access to the Website. In order to access the Website, you will have to create an account with DreamRealty.com. Memberships may not be shared. You must provide accurate and complete information. Your account password must be kept secure and any activity in your account is your responsibility. You may not share your password with any other person or authorize any other person to use your membership. Access to and use of the password-protected areas of the Website is restricted to members. Unauthorized attempts to access these areas of the Website may be subject to prosecution.
C. Use of the DreamRealty.com Website
1. Real Estate Properties. All uploads must be related to real estate. Only real estate properties will be approved for uploading. You must keep the status of your properties updated at all times. Each member, by use of the Website, authorizes Dream Realty, LLC to use his, her or its properties and name for marketing purposes. To submit a listing, you must be a member of DreamRealty.com and provide accurate and complete information that matches the information on your account.
2. Prohibited Uses. As a user, it is your responsibility to choose carefully the information you post to the Website. Any content submitted that is pornographic or contains nudity, vulgar language or heavy profanity, or is violent, is contrary to law, places anyone is serious risk or harm, or contains false information or misrepresentations or otherwise violates community standards is not allowed. DreamRealty.com reserves the right to delete the entire listing or to blur out any unauthorized or unapproved information submitted in your listing at any time it deems necessary.
1) The sale of downloaded products or services such as; music, videos, movies, TV or online shows.
2) Personal ads, dating or escort services.
3) X- Rated or pornographic movies, websites, companies, casting services, products, printed materials, or links.
4) Any materials for which any third party holds a copyright for which the user has not secured a license for use on the Website.
5) Any use of the trademark, trade name, trade dress or any other intellectual property of any third party without the proper license for use thereof.
6) Any listing of property that you are not authorized to list or sell.
You agree that you will not use DreamRealty.com to publish or promote, email, transmit, or host content that violates DreamRealty.com’s policies, including, but not limited to; data, software, sounds, photos, graphics, animation, messages, images, text, symbols, communication, expressions, gestures, or other information that may:
a. encourage or promote racism, bigotry, hatred, physical, social, or mental harm to any individual or group;
b. contain content or information that would not typically be displayed to individuals under the age of 18 years old;
c. be used for the intention of harassing, victimizing, slandering, harming, intimidating, or degrading any individual, group of individuals, or company on the basis of; gender, race, religion, ethnic background, disability, sexual orientation, or other category protected by law;
d. portray acts resulting in serious injury or death to humans or animals;
e. solicit personal information from anyone under the age of 18 years;
f. provide home street addresses, telephone number (s), first and last names, URLs or email addresses;
g. exploit people in a sexual or violent manner;
h. promote information that you know is false, misleading, and may be harmful to the public;
i. promote and post any content or information that involves illegal activity or conduct that is abusive, obscene, defamatory, threatening, offensive, or libelous;
j. solicit passwords or personal identities for personal or commercial purposes from other users;
k. promote criminal or tortious activity, including fraud, drug dealing, harassment, child pornography, stalking, trafficking in obscene material, spamming, or sending any harmful viruses or files to the Website;
l. contain violence, vulgar language, abusiveness, and/or fraudulent activities;
m. advertise the use and sale of products and services that are not authorized, conflict, or are not within the guidelines of DreamRealty.com;
n. display sexually suggestive imagery or any unfair, misleading or deceptive content;
o. involve posting, uploading, emailing, or transmitting any copyrighted materials, trade secrets, patents, or any other propriety rights of any kind, or involve the transmission of junk mail, chain letters, pyramids, spimming, of spamming, instant messaging, or any other unsolicited messages; or
p. include any statements discriminating against any protected category in violation of Section 3504(c) of the Federal Fair Housing Act or any state or local statute or regulation of any governmental body; this includes but is not limited to discrimination on the basis of sex, race, national origin or any other classification protected by law.
You may not alter or modify any part of the Website. You may not use or launch any automated systems, including without limitation, “bombs,” “Trojan horses,” “worms,” “spiders,” “robots,” “spam,” “chain letters,” “pyramid schemes,” “junk mail,” “offline readers” or any other form of solicitation.
Appropriate legal action may be taken for any illegal or unauthorized use of the Website.
3. Intellectual Property Rights.
We make no claim of ownership to any information or listing submitted by you to DreamRealty.com; however, by submitting one or more properties to this Website, you grant DreamRealty.com and its subsidiaries, assigns, distributors, its affiliates, and legal representatives irrevocable, perpetual, national rights to use, store, and promote such material in any medium.
4. Your Representations to DreamRealty.com.
A) You represent and warrant that: (i) you have the right to grant licensing rights for any and all content you upload and post to Website (ii) the act of submitting listing through the Website does not violate any copyrights, trademarks, or any other intellectual property or any other rights of any person under the laws of the United States, any state thereof, foreign laws and/or international conventions. By submitting your property description to the Website, you agree to pay for all royalties, fees (legal or licensing), and any funds owing to any person by reason of property information posted to or through DreamRealty.com by you, at any time.
B) Any listing on the Website is provided to you “AS IS” for your information and personal use only, and may not be copied, used, distributed, broadcasted, displayed, sold, licensed, transmitted, reproduced, modified, translated, published, performed, or exploited for any purposes whatsoever without the prior written consent of the owner(s) thereof.
C) You agree not to disable, corrupt, or interfere with the security features of the Website which are used to prevent or restrict use of copying any property information and enforce the limitations on use of the Website and the properties included thereon.
You hereby hold DreamRealty.com harmless from and against any third-party claim arising from the inclusion of your properties on the Website. By submitting property information to the Website, you waive any right to inspect or approve uses of your listing or to be compensated for any such use, at any time, during and after the termination or cancellation of your membership. By your continuing to use this Website, you hereby represent and warrant that you are at least 18 years of age and that you have read this release and agree to abide to its terms.
8. Warranty Disclaimer.
YOU UNDERSTAND, AGREE, AND ACKNOWLEDGE THAT YOUR USE OF THE DREAMREALTY.COM WEBSITE SHALL BE AT YOUR OWN RISK. DREAM REALTY, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY FOR PURPOSE AND NON-INFRINGMENT WITH RESPECT TO YOUR USE OF THE SITE, AND APPLICATIONS, CONTENT. USER MATERIALS OFFERED AT OR THROUGH THE SITE ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND. DREAM REALTY, LLC ASSUMES NO LIABILITY OR RESPONSIBILTY FOR ANY (i) ERRORS, INNACCURACIES OF CONTENT, AND/OR MISTAKES; (ii) ANY UNATHORIZED ACCESS OR USE OF OUR SERVERS AS WELL AS ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (iii) PERSONAL INJURY OR PROPERTY DAMAGE, RESULTING FROM YOUR ACCESS TO THE DREAMREALTY.COM WEBSITE; (iv) ANY BUGS OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODES THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY. BY YOUR CONTINUED USE OF DREAMREALTY.COM, YOU ARE ACKNOWLEDGING THAT YOU UNDERSTAND AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, SERVER, TELEPHONE OR CABLE LINE, ROUTER, SOFTWARE, FAILURE OF EMAILS OR PLAYERS DUE TO TECHNICAL PROBLEMS, TRAFFIC CONGESTION, AND/OR BUGS AND VIRUSES, AS WELL AS THE LOSS OF ANY DATA THAT MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL; (v) THAT SERVICE BY THE WEBSITE WILL BE UNINTERRUPTED, SECURE, ACCURATE, TIMELY, OR ERROR-FREE; (vi) ANY ERRORS OR OMMISSION IN ANY CONTENT POSTED, EMAILED, OR TRANSMITTED, OR MADE AVAILABLE VIA THE DREAMREALTY.COM WEBSITE. DREAM REALTY, LLC DOES NOT WARRANTY, ENDORSE, GUARANTEE, OR ASSUME ANY PRODUCT, SERVICE, OR HYPERLINK ADVERTISED BY OR OFFERED BY A THIRD PARTY THROUGH THE DREAMREALTY.COM WEBSITE. AS WITH ANY PURCHASE OR ADVERTISEMENT OF A PRODUCT, OR SERVICE, YOU ARE RESPONSIBILE FOR EXERCISING CAUTION AND GOOD JUDGEMENT. DREAM REALTY, LLC IS NOT LICENSED AS A REAL ESTATE BROKER, AND MAINTENANCE OF T HE WEBSITE AS A PASSIVE WEBSITE IS NOT INTENDED TO CONSTITUTE ANY ACTIVITY THAT MAY REQUIRE LICENSING IN ANY JURISDICTION.
9. Limitation of Liability.
IN NO EVENT SHALL DREAM REALTY, LLC, ITS EMPLOYEES, OFFICERS, DIRECTORS, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER IN CONNECTION WITH (i) LOSS OF PROFITS AND DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, (ii) LOSS OF GOODWILL, USE OF DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE; (iii) ERRORS, MISTAKES, AND INACCURACY OF CONTENT RESULTING FROM THE SUBMISSION OF ANY THIRD PARTY AND/OR DREAMREALTY.COM USERS; (iv) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR ENTERED INTO, THROUGH, OR FROM THE WEBSITE; (v) UNAUTHORIZED ACCESS OF YOUR TRANSMISSION OF DATA (vi) ANY ALTERATIONS OF INFORMATION OR CONTRARY CONTAINED HEREIN, DREAM REALTY’S LIABILTY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO DREAMREALTY.COM OR DREAM REALTY, LLC DURING THE TERM OF YOUR MEMBERSHIP.
10. Use outside the United States.
The DreamRealty.com Website is controlled and offered from its facilities in the United States. Dream Realty, LLC makes no representation that the Website is appropriate or available for use in other locations. Those that access or use the DreamRealty.com Website from other jurisdictions do so at their own risk, initiative, and within their own volition and are responsible for compliance with local laws of their communities.
11. Violations of These Terms and Conditions.
If you are a copyright or trademark owner or agent and believe that any User Submission or listing infringes upon your copyright, trademark, or intellectual property, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing DreamRealty.com’s Copyright Agent with the following information in writing:
A) A physical electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
B) Your complete name, company name (if applicable), complete address, telephone number, and email address;
C) A description of the copyrighted work claimed to have been infringed;
D) A statement that you have a good faith belief that the use of the listing is not authorized by the copyright owner, its agent or representative, or the law;
E) A statement that your notification is accurate, and under penalty of perjury, that you are legally authorized to act on behalf of the owner (s) of an exclusive right that is allegedly infringed;
F) Information where the infringed material is located.
DreamRealty.com’s Agent for notice of claims of copyright infringement can be reached as follows: Dream Realty, LLC, 1800 The Greens Way #109, Jacksonville Beach, FL 32250 (727)512-6030 Email: copyright@DreamRealty.com.
Failure to comply with the requirements of this section may result in the invalidation of your DMCA notice.
If there are any disputes about or involving the Website, you agree that the dispute shall be governed by the laws of the State of Florida, USA, without regard to conflicts of laws provisions, and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in or nearest to St. Petersburg, Florida. Either Dream Realty, LLC or you may demand that any dispute between Dream Realty, LLC and you about or involving the Website be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Tampa, Florida, provided that the foregoing shall not prevent Dream Realty, LLC from seeking injunctive relief in a court of competent jurisdiction, where appropriate. You are solely responsible for your interactions with other DreamRealty.com members. Dream Realty, LLC reserves the right, but has no obligation whatsoever, to monitor disputes between you and other members. The Website is a passive website that will not give rise to personal jurisdiction outside the State of Florida.
You accept these Terms and Conditions upon your use of the Website. These Terms of Service, together with the privacy notice at http://www.DreamRealty.com.com/t/privacy as well as any other legal notices published by DreamRealty.com, shall constitute the entire agreement between you and DreamRealty.com concerning the Website. If any of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. The failure of Dream Realty, LLC to exercise or enforce any right or provision of these terms and conditions shall not operate as a waiver of such right or provision. These Terms and Conditions shall be governed by and construed accordance with the laws of the State of Florida. YOU AND DREAM REALTY, LLC AGREE THAT ANY AND ALL DISPUTES ARISING OUT OF OR IN CONNECTION WITH THE DREAMREALTY.COM WEBSITE WILL BE COMMENCED WITHIN ONE (1) YEAR AFTER THE INTIAL CAUSE OF ACTION ACCRUES. IF NO EFFORTS HAVE BEEN MADE WITHIN THIS PERIOD OF TIME, THE CAUSE OF ACTION WILL BE PERMNENTLY BARRED.
For questions or comments regarding these Terms and Conditions, contact us at: CONTACT AT DREAMREALTY.COM