Article X - Use of MLS Publications and the Service Compilation
Section 10.3 Display Of MLS Compilations On Participant And Subscriber Websites
(a) Subject to its compliance with all of the limitations and conditions set forth in Subsection 10.3(b), Subsection 10.3(c) and Subsection 10.3(d) below, and subject further to its compliance with the requirements of applicable law, each Participant, and each Subscriber affiliated with a Participant, may display on its own website (whether such website constitutes a Public Access Website or a Virtual Private Network) the Listing data, information and Images from time to time included in the Service Compilation. Such Listing data, information and Images either may be downloaded to the permitted website or it may be framed on the permitted website from any website which the Service from time to time may maintain.
(b) Notwithstanding anything contained in Subsection 10.3(a) above, any Participant, by delivering a signed written notice to the Service, may prohibit the display, on the Public Access Websites of all other Participants and Subscribers, of “active” Listing data, information and Images for Listings for which the notifying Participant, or any of its affiliated Subscribers, is the Listing Broker. The notice of prohibition shall specify that it is either a blanket prohibition (in which case none of the “active” Listing data, information and Images of the Participant and/or of those of its affiliated Subscribers identified in the notice shall appear on the Public Access Websites of any of the other Participants or Subscribers) or a prohibition relating only to the “active” Listings specified in the notice (in which case only the data, information and Images relating to those specified “active” Listings shall not appear on the Public Access Websites of any of the other Participants or Subscribers). Unless and until a Participant delivers a notice of prohibition as described above in this Subsection 10.3(b), that Participant will be presumed to have consented to the display rights authorized pursuant to Subsection 10.3(a). As soon as practicable after receipt of a notice of prohibition from a Participant, the Service, by log on message displayed on the System, shall (i) publish the contents of the notice and (ii) request that the prohibited Listing data, information and Images specified in the notice be removed from the Public Access Websites of the other Participants and their affiliated Subscribers. Notwithstanding its receipt of a notice of prohibition from a Participant, the Service shall have no liability to any Participant, or to any affiliated Subscriber of a Participant, arising out of or resulting from the continued display of prohibited Listing data, information or Images on the Public Access Website of another Participant or of any of its affiliated Subscribers. If a Participant has delivered a blanket notice of prohibition as provided herein, then, unless and until the notice of prohibition has been withdrawn, that Participant, and those of its affiliated Subscribers identified in the notice of prohibition, may not display on its or their own Public Access Websites any of the “active” Listing data, information and Images of any of the other Participants or their affiliated Subscribers.
(c) Consistent with the provisions of Subsection 10.3(a) above, each Participant, and each Subscriber affiliated with a Participant, may display on its own Public Website “active” Listing data, information and Images from time to time included in the Service Compilation, and that display is subject to the satisfaction of all of the following conditions:
(i) A Public Access Website display may include only those data fields (which, for purposes of this clause (i), shall include Images), which the Service from time to time determines to be acceptable, such acceptable data fields, as the same may be amended from time to time, to be attached to these Rules and Regulations as Attachment C.
(ii) Any Listing or Listing data, information or Images displayed on a Public Access Website must identify the correct name of both the firm and the individual agent which constitute the Listing Broker for that Listing.
(iii) A Public Access Website display may not modify in any way any of the Listing data, information or Images as they originally appeared in the Service Compilation.
(iv) Each screen on a Public Access Website which contains Listing data and information or any Image of a Listed Property, and any distribution of Listing data, information or Images derived from a Public Access Website, shall include, in a prominent location, the following, or a substantially similar, notice:
“The property listing data and information, or the Images, set forth herein were provided to MLS Property Information Network, Inc. from third party sources, including sellers, lessors, landlords and public records, and were compiled by MLS Property Information Network, Inc. The property listing data and information, and the Images, are for the personal, non commercial use of consumers having a good faith interest in purchasing, leasing or renting listed properties of the type displayed to them and may not be used for any purpose other than to identify prospective properties which such consumers may have a good faith interest in purchasing, leasing or renting. MLS Property Information Network, Inc. and its subscribers disclaim any and all representations and warranties as to the accuracy of the property listing data and information, or as to the accuracy of any of the Images, set forth herein.”
(v) All of the Listing data and information displayed on a Public Access Website must be updated at least once every seven (7) days.
(vi) Listing data, information and Images Filed with the Service may be displayed only on the Public Access Websites of those Offices of a Participant (or their Subscribers, with their Participant’s permission) with which there are affiliated Subscribers.
(vii) The sole use of the Listing data, information and Images shall be to support the proper activities of the Participant or Subscriber, under its licensure, in seeking to effect the purchase, sale, leasing or rental of Listed Properties.
(viii) The Public Access Website shall display, in a prominent location (I) the name of the Participant Firm that maintains the Public Access Website, or, if the Public Access Website is maintained by a Subscriber, the name of the Participant Firm with which the Subscriber is affiliated, (II) the office address of the named Participant, (III) the telephone number of the Participant or the Subscriber that maintains the Public Access Website and (IV) a listing of the cities and towns that constitute the market area serviced by the Participant or Subscriber that maintains the Public Access Website.
(ix) A Participant or Subscriber may display on its Public Access Website Listing data, information and Images only if that Participant or Subscriber in good faith holds itself out to be, and in fact is, ready, willing and able to show the Listed Property to which the Listing data, information and Images relate to prospective purchasers, lessees and tenants.
(x) The Public Access Website shall display, in a prominent location, the privacy policy of the Participant or Subscriber that maintains the Public Access Website, stating in that policy the use that the Participant or Subscriber may make of the information provided to it by visitors to the Public Access Website and whether, and to whom and under what conditions, the Participant or Subscriber may make that information available to third parties.”
(d) Nothing contained in this Article X is intended to define, limit or restrict the means or medium by which data, information and Images from any Service Compilation may be distributed, displayed, reproduced or used, provided only that such distribution, display, reproduction and use otherwise comply with the terms and conditions of these Rules and Regulations. If, consistent with the provisions of Subsection 10.3(a) above, a Virtual Private Network is used by a Participant and/or any of its affiliated Subscribers as a means or medium to display Listing data, information and/or Images to bona fide prospective purchasers, lessees or tenants of a Listed Property, that display is subject to satisfaction of all of the following conditions:
(i) The Participant or Subscriber may display Listing data, information and Images on its Virtual Private Network only for “active”, “under agreement” and “sold” Listed Properties and may display the data, information and Images only to a bona fide prospective purchaser, lessee or tenant of a Listed Property, in the ordinary course of the Participant’s or Subscriber’s business in their efforts to locate ready, willing and able buyers, lessees or tenants for the Listed Property.
(ii) The sole use of the Listing data, information and Images shall be to support the proper activities of the Participant or Subscriber, under its licensure, in seeking to effect the purchase, sale, leasing or rental of Listed Properties.
(iii) The Participant or Subscriber may display to a bona fide prospective purchaser, lessee or tenant, on its Virtual Private Network, Listing data, information and Images concerning only a reasonable number of Listed Properties (using the standards set forth in Section 10.2 for determining what is a “reasonable” number).
(iv) The Virtual Private Network shall display, in a prominent location (I) the name of the Participant Firm that maintains the Virtual Private Network, or, if the Virtual Private Network is maintained by a Subscriber, the name of the Participant Firm with which the Subscriber is affiliated, (II) the office address of the named Participant, (III) the telephone number of the Participant or the Subscriber that maintains the Virtual Private Network and (IV) a listing of the cities and towns that constitute the market area serviced by the Participant or Subscriber that maintains the Virtual Private Network.
(v) A Participant or Subscriber may display on its Virtual Private Network Listing data, information and Images for an “active” Listed Property only if that Participant or Subscriber in good faith holds itself out to be, and in fact is, ready, willing and able to show the Listed Property to which the Listing data, information and Images relate to prospective purchasers, lessees and tenants.
(vi) The Virtual Private Network shall display, in a prominent location, the privacy policy of the Participant or Subscriber that maintains the Virtual Private Network, stating in that policy the use that the Participant or Subscriber may make of the information provided to it by visitors to the Virtual Private Network and whether, and to whom and under what conditions, the Participant or Subscriber may make that information available to third parties.
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