General Terms and Conditions - Majestic Penthouses International LLC
1. Access to The Website
In order to use The Website and The Services you need access to the Internet. You also need infrastructure and equipment to access The Website and The Service, including computer, smart phone, tablets, modem and other devices. Access is provided through a provider chosen by you and by using software you downloaded from third parties via the Internet, and this does not fall within the responsibility of MPI. You are responsible for any costs of your Internet access and the infrastructure and equipment needed, and MPI is not responsible for any of these costs. Certain parts, contents and services are only accessible to members after prior registration of the Penthouse Expert. In order to register and become a member, the Penthouse Expert must be (18) eighteen years of age or older and have experience with Penthouse listings. MPI reserves the right to verify the identification of the Penthouse Expert.
Penthouse Experts can register by choosing an ID and a password, which serves as identification for each login. It is mandatory for the Penthouse Experts to keep their ID and passwords confidential and not to make them accessible to unauthorized individuals, The Penthouse Experts are responsible for safeguarding the confidentiality of their user data and for all activities carried out through their access. While MPI works to protect the security of The Penthouse Experts contents and accounts as well as any data entered by Users, MPI cannot guarantee that unauthorized third parties or unauthorized entities will not be able to circumvent its security features and measures. MPI urges to be notified immediately of any fraud or any unauthorized use of The Penthouse Experts accounts. The Members are liable for any misuse of their ID and passwords. When Penthouse Experts create an account and become a member, they must provide MPI with up to date and accurate information, for which they are solely responsible. By creating an account, Members agree that they are signing up for the Services in good faith, and that they only use them for their intended purposes as real estate information tool and for no other reasons or purposes. MPI grants to the Penthouse Expert/Member and User a limited, non-sub-licensable right to access the Platform and use The Services.
2. Downtime of the Website
The online content is generally available 24 hours per day, 7 days per week. However, MPI cannot guarantee minimum availability. In the case of changes, deletion of content, maintenance work, interruption and downtime, the Member does not have the right to a reduction in price or refund or compensation nor does the Member has the right to rescind a contract. MPI reserves the right to delete the content and accounts without notice and without stating reasons especially if the Member is suspected of using The Platform in a contractually nonconforming way, unlawful, fraudulent or immoral manner. In this event, the Member does not have the right to a reduction in price or refund or compensation nor does the Member has the right to rescind a contract.
Penthouse: Meaning a flat or multi-level apartment located on the top floor of a building (typically high structures), with exceptionally luxurious features, design amenities, locations, and décor.
Visitors: Inquirers browsing The Website. Visitors can save offerings of interest to them into the "My Penthouse Collection".
Penthouse Experts: Brokers, Agents, Sellers, Lessors, Architects, Developers, Designers, Hotels, and Real Estate Professionals, which according to their own judgment provide extensive knowledge, experience or credentials in the luxury Penthouse related Real Estate Market.
Real Estate Professional: Agent, Real Estate Agent, Broker, Associate Broker, Salesperson or similar state licensed real estate professional according to the applicable law in which country or state the Real Estate Professional is conducting business as certain countries do not require a license. It is the responsibility of the Real Estate Professional to comply with all applicable laws and regulation, including but not limited U.S. Federal and State laws, restrictions, control laws and regulations and to obtain any relevant information.
Members: Penthouse Experts become Members after they completed the registration process and have agreed to the General Terms and Conditions. It is the responsibility of the Penthouse Expert to comply with all applicable laws and regulations, including but not limited to U.S. Federal and State laws, restrictions, control laws and regulations and to obtain any relevant information.
4. Inventory of the Penthouse Collection (The Website)
The Penthouse Collection is of service to Users and Penthouse Experts according to their specific area of interest and stage of the business process. Only offerings concerning the sale, rental, lease, and time-sharing of Penthouses shall be uploaded on The Website. MPI does not approve, control or endorse the Penthouse Experts or anyone else's Content, and has no obligation to do so. The content of the offers on The Website originates solely from the Penthouse Experts. The Penthouse Experts are responsible for all content added and for all actions taken through their account. The Penthouse Experts agree to provide accurate, current, complete and truthful information when they add or edit facts, figures, images, photos and any information about their Penthouses, or otherwise provide content via The Website. Penthouse Experts are solely responsible for any information, fact, figures, text, images, photos, videos, graphics, code, review, or other content, material or contribution (collectively "Content") that they post or let post, upload, submit, display, publish or link to through The Services or send to other Users of The Website. Penthouse Experts are solely responsible for independently verifying all content and information of their advertisement on The Website before relying on that content and information in any way.
Any use of the Content for further commercial use is reserved solely for the Penthouse Experts, unless otherwise provided in these GTC. MPI can post at it's own discretion, own branded content, own contributions or own information. The Website and / or its suppliers keep and own all the rights in any materials, which are connected in any way to The Website. This includes their own trademarks, graphic art, designs, services, workflow and procedures, software, equipment, companies, content and information. Ownership of the texts, work products and images supplied by Penthouse Experts remains with Penthouse Experts, this includes pictures, blueprints, video, plans and logos.
The information and the content made available by The Website to the Visitors are for private use only. It is forbidden for Visitors to republish, copy, provide access on the net, of the contributions, information or content owned and made available by The Website.
At all time, Visitors and Penthouse Experts agree to adhere to the MPI Guidelines, which are integrated into these General Terms and Conditions. Business transactions relating to the Penthouse Expert's Penthouse offerings on The Website are concluded exclusively between the Visitor and the Penthouse Expert.
5. About advertised listings
The placement of listings is between the Penthouse Expert and MPI. The advertised Listings are published on The Website according to the enrollment period chosen by the Penthouse Expert at time of upload. It is the sole responsibility of the Penthouse Expert to update and manage his listings in his account and to keep his account information up to date.
Each listing will renew automatically at the end of the chosen enrollment period and will be billed accordingly, unless the Penthouse Expert chooses to cancel the listing prior to the end of the current enrollment period. Penthouse Expert can opt to move the sold Penthouse to the "Sold" section of The Website and have it displayed at MPIs discretion for an unlimited period and free of charge. There is no refund for the unused portion of the enrollment. For service fees, enrollment periods refer to the Section Listing Plans.
6. Penthouse Expert Submission
Penthouse Experts can post the content of the advertisement electronically at www.majesticpenthouses.com after signing up and creating an account. Pictures, logos or the content oft the advertisement are put online as JPG or GIF files. Ownership of the texts, work products and images supplied by Penthouse Experts remains with Penthouse Experts, this includes pictures, blueprints, video, plans and logos. When Penthouse Experts provide Content via The Services, they grant MPI a royalty-free, perpetual, irrevocable, and fully sub-licensable license to publish, reproduce, distribute, display, adapt, modify and otherwise use their Content in connection with The Services. The Penthouse Expert particularly guarantees that such Content is legal, accurate and up-to-date. MPI will not pay The Penthouse Experts or otherwise compensate The Penthouse Experts for content they provide to MPI.
Penthouse Experts agree not to post copyrighted material on The Website without permission from the owner of the copyright. This includes, for example, pictures or other content Penthouse Expert upload on The Website via The Services. Penthouse Experts agree not to disclose confidential or sensitive information. Furthermore, Penthouse Experts agree not to post, submit or link any Content, material, Information that infringes, misappropriates, or violates the rights of any third party, or that violates any international, federal, stat or local law, rule or regulation. This includes but is not limited to information that would potentially be viewed as an invasion of privacy or which violate third party rights.
Penthouse Experts are responsible for the content of their advertisements, postings and offers, and for any additional data they submit, and for their conduct. Penthouse Experts agree that they will only post, upload, claim or submit listings to Penthouses that belong to them.
MPI reserves the right in its sole discretion to request or induce changes to the advertisement content at any time or to revoke, refuse and/or delete content without stating any reason. Only content, which does relate to a specific Penthouse offering will be published. MHPI will not publish any content, which it deems unlawful, this includes but is not limited to information that would potentially be viewed as an invasion of privacy or refers to other sites. Penthouse Experts can advertise themselves in the specific section. The Penthouse Experts authorize MPI to integrate the Content into The Website and the services of its contracting partners, to use the Content for its own purposes or to otherwise publish and process The Content for publication purposes. Penthouse Experts understand and agree that any content they provide, post or submit to MPI may be redistributed through the Internet and other media channels, and may be viewed by any entity or by the general public.
7. Responsibilities for the Content
The Penthouse Expert is liable to MPI, its governing boards, officers, directors, employees, staff, auxiliaries, affiliates, agents, successors, for any damage caused in connection with use of The Website, whether or not by any fault of its own. In the case MPI, its governing boards, officers, directors, employees, staff, auxiliaries, affiliates, agents, successors, are sued in connection with the Content of the Penthouse Expert or as a result of the Penthouse Expert conduct, by third parties, entities or authorities, the Penthouse Expert shall hold harmless and indemnify MPI, its governing boards, officers, directors, employees, staff, auxiliaries, affiliates, agents, successors, from any third party claims and shall bear the court and out of court costs having arisen. The Penthouse Expert shall join in court proceedings after a third-party joining court order is issued. MPI is not responsible neither liable for the content neither for the accuracy of any material posted by Penthouse Experts.
8. Exclusion of Liability and Disclaimer
All liabilities and warranties of MPI, its governing boards, officers, directors, employees, staff, auxiliaries, affiliates, agents, successors, are excluded to the extent legally permissible. All warranties and liability for the availability, service quality, accuracy and completeness of the Website and its content, for damage arising in connection with use of the access by anyone other than the Penthouse Expert named in the registration, as well as for unlawful and immoral conduct by Visitors, Penthouse Expert and third parties, are in particular excluded. In some states and countries the limitation or exclusion of liability for damages are not allowed. In such states and countries, the respective liability of MPI, its governing boards, officers, directors, employees, staff, auxiliaries, affiliates, agents, successors, is limited to the greatest extent allowed by such state and country laws. The traffic is conducted over the Internet, a public network. All warranties and liability of MPI are excluded with regard to any data supplied and exchanged by MPI and any consequences arising from, through and during the transmission of the data via the Internet or any other technology of transmission. The liability of MPI for damage to the Penthouse Expert's and Visitor's hardware and equipment, to its data and software, is specifically excluded. The liability of MPI for direct or indirect damage and consequential damage such as lost earnings or third party claims is wholly excluded.
9. Import and Export Restrictions
The Visitor and the Penthouse Expert acknowledges that in some circumstances, use of The Website and the offers and its content may breach foreign laws. It is the responsibility of the Visitor and of the Penthouse Expert to comply with all applicable laws and regulation, including but not limited to U.S. export and import restrictions, control laws and regulations and to obtain any relevant information. It is the Users and Penthouse Experts responsibility to comply with all applicable law in which country or state The Visitor and The Penthouse Expert is conducting business or is using The Service, and to obtain any relevant information. MPI does not accept any liability in this respect.
10. Amendments to the General Terms and Conditions
MPI is a Texas Limited Liability Company registered in Round Rock, Texas, USA. In the event of any dispute, the courts of Round Rock, Texas shall have jurisdiction.
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