Terms of Service ("Terms")
Last updated: July 5, 2016
Please read these Terms of Service ("Terms", "Terms of Service") carefully
before
using the www.Keyboom.com website, the Keyboom smart TV channel and/or Listing Booster (the "Service")
operated by Electrik Eye Enterprises, Inc ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and
compliance with these Terms. These Terms apply to all visitors, users and others who wish to
access
or use the Service.
By accessing or using the Service you agree to be bound by these Terms.
If
you disagree with any part of the terms then you do not have permission to access the
Service.
Communications
By creating an Account on our service, you agree to subscribe to newsletters,
marketing or promotional materials and other information we may send. However, you may opt out
of
receiving any, or all, of these communications from us by following the unsubscribe link or
instructions provided in any email we send.
Agent and Lender Content
Our Service allows agents and lenders to post, link, store, share and otherwise
make
available certain information, text, graphics, videos, or other material ("Content"). If you are
an
agent or lender utilizing our Service, you are responsible for the Content that you post on or
through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that:
(i)
the Content is yours (you own it) and/or you have the right to use it and the right to grant us
the
rights and license as provided in these Terms, and (ii) that the posting of your Content on or
through the Service does not violate the privacy rights, publicity rights, copyrights, contract
rights or any other rights of any person or entity. We reserve the right to terminate the
account of
anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display
on
or through the Service and you are responsible for protecting those rights. We take no
responsibility and assume no liability for Content you or any third party posts on or through
the
Service. However, by posting Content using the Service you grant us the right and license to
use,
modify, publicly perform, publicly display, reproduce, and distribute such Content on and
through
the Service. You agree that this license includes the right for us to make your Content
available to
other users of the Service, who may also use your Content subject to these Terms.
Electrik Eye Enterprises, Inc has the right but not the obligation to monitor
and
edit all Content provided by users.
In addition, Content found on or through this Service are the property of
Electrik
Eye Enterprises, Inc or used with permission. You may not distribute, modify, transmit, reuse,
download, repost, copy, or use said Content, whether in whole or in part, for commercial
purposes or
for personal gain, without express advance written permission from us.
Listing Data
To ensure listing data integrity and accuracy, we do not accept manual listing
submissions from brokers, agents or directly from sellers. All listing submissions must be
provided
to us through a direct syndication feed from either the pertaining Multiple Listing Service
(MLS),
broker of ownership or through the national listing aggregator List Hub.
Listings syndicated to www.Keyboom.com will also appear on the Keyboom smart TV
channel featured on the Roku channel line up and other smart TV platforms. Listings are updated
daily and removed within 24 hours after they are no longer on the market.
Agents profiles and listing data appearing on Keyboom can also be managed within
Listing Booster. However listings manually imported into Listing Booster will not appear on
Keyboom
due to data integrity and accuracy concerns.
Listings syndicated to Keyboom are NOT re-syndicated to 3rd party sites. Agents
utilizing Listing Booster may opt to send their own personal listing data (virtual tours,
videos,
etc) to approved 3rd party sites (Craigslist, Youtube, etc) however are personally responsible
for
managing the accuracy of their listing data on any 3rd party site.
All listing information provided to us by the pertaining MLS and/or listing
agent/broker is deemed reliable but is not guaranteed and should be independently verified.
Accounts
When you create an account with us, you guarantee that you are above the age of
18,
and that the information you provide us is accurate, complete, and current at all times.
Inaccurate,
incomplete, or obsolete information may result in the immediate termination of your account on
the
Service.
You are responsible for maintaining the confidentiality of your account and
password, including but not limited to the restriction of access to your computer and/or
account.
You agree to accept responsibility for any and all activities or actions that occur under your
account and/or password, whether your password is with our Service or a third-party service. You
must notify us immediately upon becoming aware of any breach of security or unauthorized use of
your
account.
We reserve the right to refuse service, terminate accounts, remove or edit
content
in our sole discretion.
Copyright Policy
We respect the intellectual property rights of others. It is our policy to
respond
to any claim that Content posted on the Service infringes on the copyright or other intellectual
property rights ("Infringement") of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe
that
the copyrighted work has been copied in a way that constitutes copyright infringement, please
submit
your claim via email to dmca@Keyboom.com, with the subject line: "Copyright Infringement" and
include in your claim a detailed description of the alleged Infringement as detailed below,
under
"DMCA Notice and Procedure for Copyright Infringement Claims"
You may be held accountable for damages (including costs and attorneys' fees)
for
misrepresentation or bad-faith claims on the infringement of any Content found on and/or through
the
Service on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act
(DMCA)
by providing our Copyright Agent with the following information in writing (see 17 U.S.C
512(c)(3)
for further detail):
- an electronic or physical signature of the person authorized to act
on
behalf of the owner of the copyright's interest;
- a description of the copyrighted work that you claim has been
infringed,
including the URL (i.e., web page address) of the location where the copyrighted work exists
or
a copy of the copyrighted work;
- identification of the URL or other specific location on the Service
where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the
disputed
use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright owner or authorized to
act
on the copyright owner's behalf.
You can contact our Copyright Agent via email at dmca@Keyboom.com
Intellectual Property
The Service and its original content (excluding Content provided by users),
features
and functionality are and will remain the exclusive property of Electrik Eye Enterprises, Inc
and
its licensors. The Service is protected by copyright, trademark, and other laws of both the
United
States and foreign countries. Our trademarks and trade dress may not be used in connection with
any
product or service without the prior written consent of Electrik Eye Enterprises, Inc.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not
owned or controlled by Electrik Eye Enterprises, Inc.
Electrik Eye Enterprises, Inc has no control over, and assumes no responsibility
for
the content, privacy policies, or practices of any third party web sites or services. We do not
warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Electrik Eye Enterprises, Inc shall not be
responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be
caused
by or in connection with use of or reliance on any such content, goods or services available on
or
through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of
any
third party web sites or services that you visit.
Termination
We may terminate or suspend your account and bar access to the Service
immediately,
without prior notice or liability, under our sole discretion, for any reason whatsoever and
without
limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the
Service.
All provisions of the Terms which by their nature should survive termination
shall
survive termination, including, without limitation, ownership provisions, warranty disclaimers,
indemnity and limitations of liability.
Indemnification
You agree to defend, indemnify and hold harmless Electrik Eye Enterprises, Inc
and
its licensee and licensors, and their employees, contractors, agents, officers and directors,
from
and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and
expenses (including but not limited to attorney's fees), resulting from or arising out of a)
your
use and access of the Service, by you or any person using your account and password; b) a breach
of
these Terms, or c) Content posted on the Service.
Limitation Of Liability
In no event shall Electrik Eye Enterprises, Inc, nor its directors, employees,
partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special,
consequential or punitive damages, including without limitation, loss of profits, data, use,
goodwill, or other intangible losses, resulting from (i) your access to or use of or inability
to
access or use the Service; (ii) any conduct or content of any third party on the Service; (iii)
any
content obtained from the Service; and (iv) unauthorized access, use or alteration of your
transmissions or content, whether based on warranty, contract, tort (including negligence) or
any
other legal theory, whether or not we have been informed of the possibility of such damage, and
even
if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS
IS"
and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether
express or
implied, including, but not limited to, implied warranties of merchantability, fitness for a
particular purpose, non-infringement or course of performance.
Electrik Eye Enterprises, Inc its subsidiaries, affiliates, and its licensors do
not
warrant that a) the Service will function uninterrupted, secure or available at any particular
time
or location; b) any errors or defects will be corrected; c) the Service is free of viruses or
other
harmful components; or d) the results of using the Service will meet your requirements.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the
exclusion
or limitation of liability for consequential or incidental damages, so the limitations above may
not
apply to you.
Governing Law
These Terms shall be governed and construed in accordance with the laws of
Delaware,
United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be
considered
a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable
by
a court, the remaining provisions of these Terms will remain in effect. These Terms constitute
the
entire agreement between us regarding our Service, and supersede and replace any prior
agreements we
might have had between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms
at
any time. If a revision is material we will provide at least 30 days notice prior to any new
terms
taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective,
you
agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer
authorized to use the Service.
Contact Us
If you have any questions about these Terms, please contact us.
