Boston Image Maker Website Terms of Service
Welcome to A.M. Creative Tech, LLC’s Boston Image Maker website (the “Service”). Through the Service, real estate agents and brokers (“Registrants”) can create customized websites for the purpose of marketing specific real estate properties (“Property Website”). Your use of the Service is subject to these Terms of Service (“Terms”), including any future amendments (collectively, the “Agreement”).
A.M. Creative Tech, LLC (“AMCT”) may revise and update these Terms from time to time. While we may attempt to inform you of any such changes, you should periodically review the most recent version. You may receive a copy of the most recent Terms by emailing us at tos@BostonImageMaker.com, Subject: Terms of Service, or you may view the most recent Terms at http://www.bostonimagemaker.com/terms/.
By using the Service, you agree to be bound by these Terms. You are only authorized to use the Service (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms.
These Terms include the policy for acceptable use of the Service, and your rights, obligations and restrictions regarding your use of the Service.
REGISTRATION & ACTIVATION INFORMATION AND SECURITY.
You agree to provide true, accurate, current and complete information about yourself as prompted by the registration process (“Registration Information”) and activation process (“Activation Information”). By using the Service, you represent and warrant that (i) all Registration Information is truthful and accurate, (ii) you will maintain the accuracy of such Registration Information, and (iii) you are eighteen (18) years of age or older (iv) you area licensed real estate agent. You are entirely responsible for any use of your account, and for maintaining the confidentiality of your Registration Information, including the user name and password. You agree to notify AMCT immediately if you suspect any unauthorized use of your account or access to your password.
TRIAL & ACTIVATION.
Upon completing the registration process, some website service levels may allow you the ability to create a website for use on a trial basis (“Trial Website”). The Trial Website will remain accessible to you for a period of fourteen (14) days from the date of creation (“Trial Period”).
At any time during the Trial Period, or within thirty (30) days after the expiration of the Trial Period, you may activate the Trial Website as a Property Website (“Activation”) by paying the Activation fee associated with the service level you select (“Activation Fee”). AMCT reserves the right to delete any Trial Website that is not Activated within thirty (30) days of the expiration of the Trial Period.
REGISTRATION INFORMATION & PAYMENT TERMS.
If your Registration Information or Activation Information is incorrect or invalid for any reason, AMCT reserves the right to cancel your account entirely, whereupon all the information and content contained within it will be deleted permanently. AMCT accepts no liability for information or content that is deleted.
The credit card or PayPal information that you provide to pay the Activation Fee and any other fees will be automatically and immediately billed. Unless AMCT gives notice to the contrary, payments are non-refundable and non-transferable. All currency references are in U.S. dollars.
Each Property Website shall remain active for a period of one year after Activation (“Term”). You may renew the Term by making payment of the then-current renewal fee at any time prior to the expiration of the Term. AMCT reserves the right to delete a Property Website upon the expiration of the associated Term with or without notice to you. AMCT accepts no liability for information or content that is deleted.
You may cancel your use of the Service at any time by emailing us at customer-service@BostonImageMaker.com, Subject: Cancellation. Unless AMCT gives notice to the contrary, payments will not be refunded upon cancellation.
ACKNOWLEDGEMENT OF OWNERSHIP.
AMCT Content. You acknowledge that the Service and any and all software used in connection with the Service contains proprietary and confidential information, and that AMCT owns all right, title and interest in and to the Service and all such software, including all copyrights, trademarks, and other intellectual property rights (“AMCT Content”). You agree that you shall not use the AMCT Content in any way whatsoever except per your use of the Service in compliance with these Terms. You agree not to copy, modify, distribute, or create derivative works based on the AMCT Content, and you agree not to exploit the AMCT Content in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. A.M. CREATIVE TECH, BOSTON IMAGE MAKER, and other AMCT trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of A.M. Creative Tech, LLC in the United States and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners.
Domain Names. You acknowledge that any domain names purchased for use in connection with a Property Website shall be solely and exclusively registered and owned by AMCT. AMCT shall transfer a domain name solely to the Registrant of the Property Website, and solely upon payment to AMCT of the then-current domain transfer fee.
User Content. AMCT makes no claim of ownership of any content you may submit, post or display on and through the Service. To the extent that you own the rights, including the worldwide copyright, in and to any trademarks, service marks, logos, graphics, text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “User Content”) that you submit, post or display through the Service, you retain those rights solely and exclusively. By submitting, posting or displaying any User Content on or through the Service, you hereby grant to AMCT a limited, non-exclusive license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content solely on and through the Service. This license will terminate at the time you remove the User Content from the Service. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content submitted.
CONDITIONS OF USE.
Your use of the Service is conditioned upon your prior acceptance of these Terms. You agree that you are responsible for your own use of the Service, for any content, including but not limited to User Content, you submit, post or display through the Service, and for any consequences thereof. You agree that you will neither attempt to nor encourage or assist any other person to circumvent or modify any security technology or software that is part of the Service. You agree that you will not access or attempt to access any account that you are not authorized to access. You agree that you will not reverse engineer, modify or attempt to modify the Service in any manner or form, or obtain unauthorized access to the Service. Violations of system or network security may result in civil or criminal liability. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express permission by AMCT.
You shall not use the Service in any way or submit, post or display User Content that:
- is patently offensive;
- promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- solicits personal information from anyone under 18;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- involves the transmission of unsolicited mass mailing, instant messaging, or “spam”;
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- includes a photograph of another person that you have posted without that person's consent.
AMCT reserves the right to review materials posted to the Service and to remove any materials in its sole discretion without notice or liability. AMCT has the right, but not the obligation, to monitor any information and materials submitted or posted by you or otherwise made available on the Service, to investigate any reported or apparent violation of these Terms, and to take any action that AMCT in its sole discretion deems appropriate. AMCT reserves the right to terminate your access to the Service at any time without notice for any reason whatsoever.
With respect to any additional software that may be made available by AMCT in connection with the Service, if you elect to download or access such additional software, you understand that you may have to agree to additional terms and conditions before you use such software.
REPRESENTATION AND WARRANTIES.
You represent and warrant that (a) all of the information provided by you to AMCT to use the Service is correct and current, (b) you have a listing contract with the seller of the property listed on the Property Website or have otherwise been authorized by the Seller to submit, post and display information on and through the Service for use on a Property Website, (c) you are authorized to submit, post and display the User Content on and through the Service, and (d) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
LIMITATIONS ON LIABILITY.
AMCT is not responsible for any actions or inactions on the part of any user of the Service. AMCT is not involved in, maintains no control over, and does not guarantee the quality, safety, truth, accuracy, or legality of information, goods or services offered or advertised through the Service. AMCT is not responsible for any incorrect or inaccurate material posted on the Service or in connection with the Service.
The Service may contain links to third party websites. You acknowledge and agree that AMCT is not responsible for the content of, or the accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by AMCT. Inclusion of any linked website on the Service does not imply approval or endorsement of the linked website by AMCT. When you access these third-party sites, you do so at your own risk. AMCT is not responsible for the conduct, whether online or offline, of any user of the Service.
AMCT assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication made through the Service. AMCT is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on the Service or combination thereof, including any injury or damage to users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Service.
Under no circumstances will AMCT be responsible for any loss or damage, including personal injury or death, resulting from use of the Service, from any content posted on or through the Service, or from the conduct of any users of the Service, whether online or offline. The Service is provided “AS-IS” and as available and AMCT expressly disclaims any warranty of fitness for a particular purpose or non-infringement. AMCT cannot guarantee and does not promise any specific results from use of the Service.
DISCLAIMER OF WARRANTIES.
AMCT DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME AMCT MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS (EXCEPT AS EXPRESSLY STATED BY AMCT) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
IN NO CASE SHALL AMCT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, AMCT’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
AMCT SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICE, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND AMCT HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
AMCT DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND AMCT DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM.
You agree to indemnify and hold AMCT and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content, including but not limited to User Content, you submit, post, transmit or otherwise make available on or through the Service, your use of the Service, your violation of these Terms, or your violation of any rights of another.
The laws of the Commonwealth of Massachusetts, without regard to conflict of law provisions, govern this Agreement and your use of the Service. You agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the Commonwealth of Massachusetts for any claim or dispute with SERVICE or in any way relating to or arising from your use of the Service.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
This Agreement constitutes the entire agreement between AMCT and you and governs your use of the Service, superseding any prior agreements between AMCT and you. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. AMCT’s failure to enforce any right or provisions in this Agreement will not constitute a waiver of provision, or any other provision of this Agreement. AMCT will not be responsible for failures to fulfill any obligations due to causes beyond its control.
If you have any questions or suggestions regarding this Terms of Service, please contact us at:
A.M. Creative Tech, LLC
P.O. Box 441243
Somerville, MA 02144