Terms & Conditions
IF ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU SHOULD DISCONTINUE USING THE SYSTEMS AND SERVICES. YOUR CONTINUED USE OF THE SYSTEMS AND SERVICES NOW OR FOLLOWING THE POSTING OF ANY SUCH CHANGES WILL INDICATE YOUR ACCEPTANCE OF THESE TERMS AND OF ANY SUCH CHANGES.
"Broker" means a licensed broker acting for the Seller or the Buyer
'Complimentary' means free of charge without financial consideration.
"Comparative Marketing Analysis" means an examination of the prices at which similar properties in the same area recently sold to help a potential seller determine a price to list when selling a home.
'Content' means all of the content, documents, information and matters on or in your Account or contained within the Website and or Online Platform, whether through the Website and/or Online Platform or uploaded manually.
'Deferred Payment Date' means the definition contained in the Service Agreement.
'Fully Managed service' means our fully managed service offered from time to time.
'Introduction service' means our standalone create your own advert service.
"Legal Advisors" means an Attorney or Escrow acting on behalf of the seller and/or the buyer.
"MLS" The MLS is a local or regional service that compiles available real estate for sale by member brokers along with detailed information brokers and agents can access online.
'Part Managed service' means our rent collect service offered from time to time.
'Products & Services' means all and each of the products and/or services offered from time to time by Purplebricks within the Website and Online Platform.
'Systems' means the Website and Complimentary or subscribed (following a payment) access to the Online Platform.
'User' means you or anyone who uses the Systems.
'Website' means www.purplebricks.com and www.purplebricks.co.uk, including all systems, Software and processes hosted therein.
Purplebricks has the right to enforce those guidelines as it deems appropriate in its sole discretion. This means that if you, or anyone using your Account, Purplebricks password or identifying information, violate these Terms, Purplebricks may take any and all actions from the issuance of a warning to terminating your right to use the Systems (without refund or part credit of any fees paid) to involvement of the appropriate authorities that Purplebricks deems necessary or appropriate. Purplebricks is not required to provide notice prior to terminate your right to use the Systems for violating these Terms, but it may choose to do so.
BY USING THE SYSTEMS, YOU AGREE TO WAIVE ANY CLAIMS YOU MAY HAVE AGAINST PURPLEBRICKS, AND TO HOLD PURPLEBRICKS HARMLESS AND INDEMNIFY PURPLEBRICKS WITH RESPECT TO ANY CLAIMS RELATING TO ANY ACTION TAKEN BY PURPLEBRICKS AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED OR THE WITHDRAWAL OF THE SYSTEMS WHETHER TEMPORARILY OR PERMANENT. THIS MEANS THAT YOU CANNOT SUE PURPLEBRICKS OR RECOVER ANY DAMAGES WHATSOEVER FROM PURPLEBRICKS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SYSTEMS, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF PURPLEBRICKS’ CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
IN NO CASE SHALL PURPLEBRICKS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SYSTEMS OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SYSTEMS.
Claims of Copyright Infringement & Related Issues (17 U.S.C. § 512 et seq.)
Purplebricks Realty Inc. (“PB Inc”) respects the intellectual property rights of others. Anyone who believes their work has been reproduced in a way that constitutes copyright infringement may notify PB Inc’ agent by providing the following information:
- Identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the site;
- Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located so that the copyright agent can locate it;
- Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
- A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation. Upon obtaining such knowledge we will act expeditiously to remove, or disable access to, the material. Please be aware that there are substantial penalties for false claims.
If a notice of copyright infringement has been wrongly filed against you, you may submit a counter notification to our agent. A valid counter notification is a written communication that incorporates the following elements:
- A physical or electronic signature of the poster;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
- Your name, address, and telephone number; a statement that you consent to the jurisdiction of federal district court for the judicial district in which your address is located, or if your address is outside of the U.S., for any judicial district in which the service provider may be found; and that you will accept service of process from the complainant.
Notices of the foregoing copyright issues should be sent as follows:
400 Spectrum Center Drive, Suite 360
Irvine, CA 92618
If you give notice of copyright infringement by e-mail, an agent may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.
This information should not be construed as legal advice. PB Inc recommends that you seek independent legal counsel before filing a notification or counter-notification. For further information about the DMCA, please visit the website of the United States Copyright Office.
If any part of the Terms 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. Purplebricks failure to enforce any right or provisions in the Terms will not constitute a waiver of such provision, or any other provision of the Terms.
The personal information which you give to Purplebricks when registering for access to the Systems will be used in connection with your use of the Systems and will be transferred to and maintained in Purplebricks records in the United Kingdom. If you do not consent to this transfer, do not accept these terms and conditions.
Although Purplebricks encourages you to use the Systems to express your creativity, Purplebricks reserves the right to refuse to process any order or upload submitted by you containing Content that Purplebricks, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise offensive, illegal, inappropriate or unacceptable, including any material Purplebricks believes may cause any liability for it under any applicable law or regulation, or which may cause Purplebricks to lose the Systems any suppliers provide as part of the Systems or in connection with fulfilling any order for Systems. In particular, Purplebricks reserves the right to refuse to process orders or uploads containing Content which, in Purplebricks sole opinion, contains expressions of abuse, offensive language or images, obscenity or pornography (including but not limited to child abuse or child pornography, and/or depictions of minors engaged in sexual conduct or explicitly sexual situations).
By submitting Content to Purplebricks, you are representing that you are the owner of such material, or have proper authorisation from the owner of the Content to distribute it. You hereby grant Purplebricks a worldwide, royalty-free, non-exclusive license to use the Content for the limited purpose of providing and processing the Systems.
You must provide accurate information about yourself and agree to our verification process. We will as part of that process take details of your IP address. By registering with Purplebricks you give us express permission to do so. Once registration is complete we will open you an Account free of charge, which will give you access to the Online Platform.
Whilst a free Comparative Market Analysis is available for no cost or obligation where you are a Landlord and you take advantage of the Part Managed service or Fully Managed service, you will not be able to take advantage of the Introduction only service for a period of 28 days after the date that the Comparative Marketing Analysis has been completed.
- upload, download, post, email, transmit, store or otherwise make available any Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libellous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;
- stalk, harass, threaten or harm another;
- pretend to be anyone, or any entity, you are not — you may not impersonate or misrepresent yourself as another person, entity, another User, a Purplebricks employee, or otherwise misrepresent your affiliation with a person or entity (Purplebricks reserves the right to reject or block any Purplebricks ID or e-mail address which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person’s name or identity); We may report such activity to, and cooperate with, the relevant authorities;
- engage in any copyright infringement or other intellectual property infringement (including uploading any content to which you do not have the right to upload), or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;
- post, send, transmit or otherwise make available any unsolicited or unauthorized email messages, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising and informational announcements;
- upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Systems (or any part thereof), or any other computer software or hardware;
- interfere with or disrupt the Systems (including accessing the Systems through any automated means, like scripts or web crawlers), or any servers or networks connected to the Systems, or any policies, requirements or regulations of networks connected to the Systems (including any unauthorised access to, use or monitoring of data or traffic thereon);
- plan or engage in any illegal activity; and/or
- gather and store personal information on any other Users of the Systems to be used in connection with any of the foregoing prohibited activities.
You further agree:
- not to reveal your Account information to anyone;
- that you are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify Purplebricks of any security breach;
- that the Products and Services are designed and intended for personal use on an individual basis and you should not share your Account information and/or password details with other individuals and/or corporate bodies;
- that provided we have exercised reasonable skill and due care, Purplebricks shall not be responsible for any losses arising out of the unauthorised use of your Account resulting from you not following these rules;
- Purplebricks will never ask you to reveal your account password either verbally or in writing;
- to provide accurate and complete information when you register with, and as you use the Systems and you agree to update your account information to keep it accurate and complete.
- that failure to provide accurate, current and complete Account information and data may result in the suspension and/or termination of your Account and/or Products and Services (without refund or part credit of fees paid).
- that you shall not access or use the Site by means of any automated program, expert system, electronic agent or “bot,” and shall not give any person or entity access to the Site.
- that you are prohibited from “scraping,” copying, republishing, licensing, or selling the data or information on the Site if you do so for commercial purposes.
As part of the process of using the Systems certain personal information will need to be disclosed to third parties such as a Seller, prospective Purchaser, legal advisor, Estate Agent, third party web portals and such others as Purplebricks deems necessary to enable them to provide the Systems or Service. By agreeing to these Terms you agree and accept that such information can be disclosed.
In the event that you choose to Pay Later we will disclose to the Provider such information as we request from you on the Online Platform when you Instruct Purplebricks and when any event should occur that represents a Deferred Payment Date.
Information is provided by California Regional Multiple Listing Service, Inc. (CRMLS). Information deemed reliable but not guaranteed. All properties are subject to prior sale, change or withdrawal. Listing(s) information is provided exclusively for consumers' personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing. Copyright © 2017 California Regional Multiple Listing Service, Inc. All rights reserved.
Big Bear Association of REALTORS® (BBAOR)
Information is provided by Big Bear Association of REALTORS®, Inc. MLS. Information deemed reliable but not guaranteed. Information is provided for consumers' personal, non-commercial use, and may not be used for any purpose other than the identification of potential properties for purchase.
Greater Antelope Valley Association of REALTORS® (GAVAR)
Information is provided by GAVAR. Information deemed reliable but not guaranteed. Information is provided for consumers' personal, non-commercial use, and may not be used for any purpose other than the identification of potential properties for purchase.
High Desert Association of REALTORS® (HDAR)
Information is provided by High Desert Association of REALTORS®. Information deemed reliable but not guaranteed. Information is provided for consumers' personal, non-commercial use, and may not be used for any purpose other than the identification of potential properties for purchase.
Ojai Valley Association of REALTORS® (OVBR)
Information is provided by Ojai Valley Association of REALTORS®. Information deemed reliable but not guaranteed. Information is provided for consumers' personal, non-commercial use, and may not be used for any purpose other than the identification of potential properties for purchase.
Rim O' The World Association of REALTORS® (RIM)
Information is provided by Rim O' The World Association of REALTORS®. Information deemed reliable but not guaranteed. Information is provided for consumers' personal, non-commercial use, and may not be used for any purpose other than the identification of potential properties for purchase.
THE USE OF THE SYSTEMS OR ANY PART OF THE SYSTEMS, EXCEPT FOR USE OF THE SYSTEMS AS PERMITTED IN THE TERMS, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
Must Be At Least 18 Years Old to Use This Website. At this Website Purplebricks makes no active effort to collect personal information from individuals under the age of eighteen (18). Purplebricks requires that Website users must be of legal age to enter into agreements (typically, at least eighteen (18) years of age or older).
Applicable Law. THE LAWS OF [state] WILL GOVERN THE CONTENT AND MATERIALS CONTAINED IN THIS SITE, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAWS AND EXCLUDING THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS. YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS OF [state] IN RELATION TO ANY CLAIM, DISPUTE OR DIFFERENCE ARISING FROM THESE TERMS, AND YOU AGREE TO WAIVE ANY RIGHT OF REMOVAL OR TRANSFER WHETHER DUE TO FORUM NON CONVENIENS OR OTHER REASON.
Not Authorized to Do Business In Every Jurisdiction. Purplebricks is not authorized to do business in every jurisdiction. Information published on this Website may contain references or cross-references to goods or services that are not available in your state or country.
For further information, or inquiries about this Agreement, please contact:
Purplebricks Realty Inc.
400 Spectrum Center Drive, Suite 360, Irvine, CA 92618
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Pursuant to Title 17, U.S. Code, Section 512(c)(2), written notification must be submitted to the following Designated Agent:
Name of Agent Designated to Receive
Notification of Claimed Infringement:
Full Address of Designated Agent to
Which Notification Should be Sent:
Telephone Number of Designated Agent:
Facsimile Number of Designated Agent:
Email Address of Designated Agent:
To be effective, the Notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.