Terms of Use

HOUSTON REALTORS INFORMATION SERVICE, INC. ("HRIS") owns and operates har.com, a publicly accessible web site consisting of information about Houston Area REALTORS and real properties listed in the HRIS Multiple Listing Service ("MLS") for sale and lease in the Houston Area. Participant Subscribers and Subscribers of MLS are permitted to (1) upload videos promoting their real estate brokerage services, and (2) upload videos as part of the listing information for a listed property on har.com. All such videos are referred to herein as "Advertisement".

The following terms contained in this part are binding on you regarding all photos, images, videos, animation, sound files, multimedia objects and other Content that you upload or otherwise post in connection with any Advertisement (e.g., to enhance same), or upload or otherwise post to har.com or any website operated by HRIS or any HRIS Affiliate ("Uploaded Content"):

APPROPRIATENESS. All Uploaded Content must be appropriate, non-offensive and otherwise acceptable to HRIS;

NO CONFIDENTIALITY. Uploaded Content will not be subject to any confidentiality restrictions you or third parties might expect or seek to impose;

YOUR RESPONSIBILITY. You shall be solely responsible for all Content you Post and the consequences of such Posting;

RIGHTS. You (and not HRIS nor its Affiliates) will retain any copyrights, patents and other proprietary rights you have in the Uploaded Content, subject to the license rights granted to HRIS and/or its Affiliates as provided in this Terms of Use. You are responsible for maintaining the original of any Uploaded Content. The actual copy(ies) you upload or Post (including, without limitation, any media on which they reside) may be retained and/or disposed of by HRIS as its property and will not be required to be returned, modified or destroyed;

LICENSE. Regarding any Uploaded Content, you agree that HRIS (including its Affiliates, contractors and service providers, and other designated third parties), may in whole or in part, in its sole discretion, for any purpose (e.g., informational, promotional, educational, instructional, etc.) and without owing you, your suppliers or others any royalty, fee or other compensation, Post any and all such Uploaded Content - or a portion thereof, a link thereto, a framing thereof or an automated feed thereof (e.g., via an RSS feed mechanism) -- on har.com and otherwise disseminate such Content. Such license (the "Uploaded Content License"), without limiting the foregoing, shall be construed to permit HRIS to copy, store, display, distribute, make derivatives of, adapt, abridge, add to, edit, modify and otherwise use all such Uploaded Content in connection with its business, and to do so by way of any and all media, means and technology (whether or not now known or invented) as it wishes. The Uploaded Content License is worldwide, perpetual, irrevocable and royalty-free. To the extent HRIS exercises the Uploaded Content License, HRIS may, but is not required to, attribute applicable Uploaded Content to you as the source; HRIS may do this using such method or methods as it selects in its discretion (e.g.: rendering a key word, caption, icon or other element as a hypertext link to your website or blog; naming you or your website or blog, providing an index of contributors; etc.). You acknowledge that where the site, media or other destination for such distribution or dissemination is not owned and controlled by HRIS or its Affiliates, HRIS may have little or no control or discretion regarding such attribution;

ALL SUFFICIENT RIGHTS. You assure and promise to HRIS that you have and will maintain all ownership, licenses, permissions, consents, releases, waivers and licenses necessary for the Uploaded Content to be Posted to har.com, and HRIS and its Affiliates to exercise the rights you grant in the Uploaded Content License, lawfully and without violation of any copyright, patent, trademark right, trade secret, right of publicity, right of privacy, moral right, proprietary right, third-party right, contract, obligation or international, State, or local law, regulation or rule (including, without limitation, the U.S. Fair Housing Act and the U.S. Real Estate Settlement Procedures Act) and without violation of any professional responsibility regulations, codes of ethics or other rules that may be binding on you due to State licensing, due to trade organization membership, due to MLS subscribership or due to local or regional real estate association membership. In no way limiting the generality or scope of the foregoing, you assure and Promise to HRIS (i) that you have the written release and permission from each and every identifiable person in the Uploaded Content to use the name and/or likeness of each and every such identifiable individual person to enable inclusion and use of the Uploaded Content in the manner contemplated by this Terms of Use and (ii) that the Uploaded Content will not contain or result in falsehoods, misrepresentations or misleading claims, assertions or communications;

EXTERNAL URLS. If you are including a link to a video that is hosted on a third party's video sharing website, you are responsible for meeting their website's terms of use. HAR is not responsible for your misuse of the content on their website.

HRIS DISCRETION. HRIS shall be under no obligation, but does reserve the right (without notice), to monitor, pre-screen, block, remove, render inaccessible and otherwise regulate and address any and all Uploaded Content (in whole or in part) and any use thereof;

CONTENT. As used herein, "Content" means documents, files, images, animation, multi-media content, sound samples, sound files or sound media, video samples, video files or video media, interactive content, data, software, scripts, utilities, features, tools, diagrams, pictures, text, links, information, and other content or materials of any kind; and

YOUTUBE. You understand, acknowledge, and agree that YouTube.com is the service/hosting provider for Advertisement videos appearing on har.com. Videos serviced/hosted by YouTube.com for har.com are intended for access only through har.com and are not accessible on YouTube.com While HRIS takes reasonable measures to prevent users from being able to "lift" or download your Advertisement that you Post on har.com, the nature of the Internet makes it inherently possible to do so. Accordingly, Post your Advertisement videos knowing it IS possible for someone to lift any video off of any web site.

POST. As used herein, the term "Post" (including any other tense or form of such word so used) will be construed to include post, publish, distribute, allow, upload, link to, frame, display, transmit or make use of (or the appropriate tense or form thereof).