Terms of Use

These Terms of Use and the Platinum Properties Privacy Policy were updated on June 29, 2015. Your continued use of the Services constitutes your acceptance of the updated policies.

 

MLS Terms of Use

Before we can show you pictures and details on active listings from Platinum Properties Agents, our MLS data providers require you to acknowledge that you're considering Platinum Properties as your real estate agent.

  • You are entering into a lawful consumer-broker relationship with Platinum Properties as defined by applicable state law. You have no obligation to work with Platinum Properties and you can terminate your account with Platinum Properties any time. Any information you obtain from the Platinum Properties website is intended for your personal, non-commercial use.
  • You have a bona fide interest in the purchase, sale, or lease of real estate on the Platinum Properties website.
  • You will not copy, redistribute, or retransmit any of the information provided except in connection with your consideration of the purchase or sale of an individual property.
  • You acknowledge that the individual multiple listing service (MLS), which supplies the listing data, owns such data and you acknowledge the validity of the MLS's copyright to such data.
  • Platinum Properties also explicitly authorizes MLS employees, MLS members, or their duly authorized representatives to access Platinum Properties’ website for the purposes of verifying compliance with MLS rules and monitoring the display of Participants' listings on Platinum Properties’ site.

In addition to the above terms, registered users also agree to the Platinum Properties Terms of Use and Privacy Policy, which apply to all users of the Platinum Properties website.

Terms of Use

Welcome to platinumpropertiesnyc.com. This website and the Platinum Properties Applications (as defined below)(the "Sites"), together with the services provided through the Sites (collectively the Sites and services are the "Services") are owned and operated by PLATINUM PROPERTIES EMPIRE, LLC, a New York limited liability company, dba PLATINUM PROPERTIES, with a business address of 30 Wall Street, 11th Floor, New York, NY10005 (“Platinum Properties”). These Terms of Use which include the Platinum Properties Privacy Policy, serve as the "Agreement" between you and Platinum Properties regarding the Services, and provide important information to you, including information about your obligations about content and our limitation of liability to you. By accessing, downloading, or using any portion of the Services, you signify that you accept the terms of the Agreement. If you do not accept, then please do not use the Services.

If you want to list your home with a Platinum Properties Agent, or buy a home with a Platinum Properties Agent, then you will need to enter into a listing agreement or buyer agreement to become a Platinum Properties Client; these agreements are not covered here.

1. Who Can Use the Platinum PropertiesServices

You must be: a) at least the age of majority in the state where you live to use the Sites, and b) a resident of the United States. If you are under 13 years old, do not use the Sites.

2. Intellectual Property Ownership and License

A. Copyright All materials (including data, images, and other content) contained in the Services, including the selection and arrangement of the materials, are owned by Platinum Properties or are licensed by Platinum Properties for use on the Sites. Our site features Google Maps, please review their privacy policylegal notices and terms of use. Portions of this page are modifications based on work created and shared by Google and used according to terms described in the Creative Commons 3.0 Attribution License.

B. Trademarks Platinum Properties, the Platinum Properties logos and other Platinum Properties trademarks, service marks, graphics, and logos used in connection with Platinum Properties are trademarks or registered trademarks of Platinum Properties in the U.S. and/or other countries. Other trademarks and logos used in connection with Platinum Properties may be the trademarks of their respective owners.

C. Data The MLS Data on our Sites is the property of the individual MLSs providing the data. These MLSs have granted Platinum Properties the necessary licenses to display the MLS Data on the Sites. Some require us to display certain licensing information about their MLS Data; this information can be found in Section 15 below.

D. Other Intellectual Property Platinum Properties also owns trade secrets and know-how that contribute to the functionality of the Services.

E. License Granted The Platinum Properties Services are available for your personal use, and we grant you permission to access, view, and use the Services so long as your use complies with these Terms of Use and any other applicable Platinum Properties policies.

F. Webscraping of Listing & Property Data Is Not Allowed Crawling the platinumpropertiesnyc.com and network sites is allowed for inclusion in web search engine results only. Webscraping, downloading or webcrawling of any property or other data for inclusion in another real estate search site, content aggregator, or any other purpose is strictly forbidden without prior written consent from Platinum Properties.

G. Restrictions Except as enabled and directed on the Services, you may not modify, decompile, reproduce, redistribute, attempt to commercially gain from your use, or misuse of the Services or any of their components. You may not use any meta-tags or other hidden text using the Platinum Properties name or trademarks without our

specific permission. We may revoke your permission to access and use the Sites, and we may block or prevent you from accessing the Sites, in our discretion without notice. If you violate the Terms of Use, your permission to access and use the Sites is automatically revoked.

H. Reservation of Rights Except for the limited license granted above, Platinum Properties reserves all of its intellectual property rights in the Sites. This Agreement does not grant you any right or license with respect to any trademarks and logos.

I. Information Aggregation Platinum Properties is not responsible for any errors in displayed information or delays in displaying information. All information on the Sites is either transmitted to Platinum Properties from other entities or persons or was obtained through publicly available government sources. Issues of data accuracy may be brought to the attention of Platinum Properties by sending feedback but it is likely that such information accuracy cannot be corrected by Platinum Properties and the entity or person that generated the information must be appealed to. For example: incorrect listing information can only be changed by the third party listing agent under our terms with the MLSs.

 

3. Registration

You must register for a Platinum Properties account to see complete listings details. This is required by our licenses with various MLSs. You also must register before you can participate in forums or submit content. By registering for a Platinum Properties account you are agreeing to these Terms of Use as well as the MLS Terms of Use. You are responsible for all activities related to the Services that occur through your account and password. It is your responsibility to keep your Platinum Properties profile information accurate. You agree to keep your password confidential, not use others' accounts, nor permit others to use your account. Platinum Properties reserves the right to terminate accounts in its discretion.

4. Equal Housing Opportunity

We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin.

5. Your Submissions and Platinum Talk Guidelines

A. Material You Submit You may submit feedback, ideas, reviews, comments, photos, or other content to Platinum Properties and the Sites ("Submissions"). All Submissions must comply with the Platinum Talk Guidelines below. You represent that you own or control all of the rights to your Submissions and that the Submissions do not violate these Terms of Use, including our Guidelines, or the rights of any third party. You are solely responsible for your Submissions. Platinum Properties may, but is not obligated to, monitor and edit or remove Submissions, and has no obligation to store Submissions.

B. Platinum Talk Guidelines

  • Be respectful. We welcome debate, but we will not tolerate disrespectful language or personal attacks. Please avoid controversial topics such as politics, race, religion, and sexuality. We reserve the right to edit or remove any controversial content.
  • No solicitation. Real estate agents and other professionals are welcome here, but not to promote your services. You can include your brokerage, but no contact information or website addresses.
  • No spamming. Please do not post advertising, junk mail, spam, scams or chain letters.
  • No illegal or offensive posts. Any content that contains illegal, inflammatory, libelous, obscene or pornographic material will be removed.
  • No public posting of private information or other people's unpublished contact information. This also includes communications from community administrators and moderators.
  • Moderation. We reserve the right to monitor content and delete or retain content in our sole discretion.

C. License You grant Platinum Properties a perpetual, unlimited right to use, reproduce, modify, distribute, and display your Submissions worldwide in any media. Platinum Properties may, but is not obligated to, post the name you associate with the Submission. Additionally, you grant Platinum Properties a perpetual unlimited license to use, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to Platinum Properties, without any further consent, notice and/or compensation to you or to any third parties.

D. Disclaimer Platinum Properties takes no responsibility and assumes no liability for any Submissions posted by you or any third party. We may not monitor or control the Submissions posted via the Services and, we cannot take responsibility for such Submissions. Any use or reliance on any Submissions or materials posted via the Services or obtained by you through the Services is at your own risk. Therefore, if you have an idea or information that you would like to keep confidential or don't want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to any forum, or elsewhere on the Sites. PLATINUM PROPERTIES IS NOT RESPONSIBLE FOR ANOTHER'S MISUSE OR MISAPPROPRIATION OF ANYTHING YOU POST ON PLATINUM PROPERTIES.

E. Forums Platinum Properties offers forums where you can post your observations and comments on designated topics. Platinum Properties account holders can create forum topic threads. Platinum Properties, in its sole discretion, may close or transfer threads, or remove content from them if the content violates this Agreement or others' intellectual property rights. Please note that everything you share in a forum may be seen and used by other users of the Services.

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6. How Platinum Properties May Communicate with You

For purposes of responding to you and providing you with information and notices about your account or the Services (such as information about properties you might be interested in), you agree that Platinum Properties may communicate with you through the contact information associated with your Platinum Properties account, including your device ID, email, mobile number, telephone, or the postal address you provided (if any). Please review

your Account Settings or settings on your mobile device to control what kind of messages you receive from Platinum Properties. Platinum Properties has no liability rising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services. Through the Services, you can make requests for property tours, real estate agent contact, help selling or buying a home or other requests. By making those requests, you authorize Platinum Properties to share your personal information including your home search history, favorites and saved searches, with a real estate professional (a Platinum Properties Agent or staff member, or a Partner Agent, as defined below). When you make such a request to Platinum Properties you are extending an express invitation for Platinum Properties, or another appropriate entity or person, to contact you. A Partner Agent is employed by or works with another brokerage, but has teamed up with us to provide Platinum Properties-quality service to a wider range of customers. We'll refer you to a Partner Agent in our discretion.

7. Third Party Sites

Platinum Properties may include links to third party websites ("Third Party Sites") in its Services, including links to Third Party Sites from our Getting Settled. You should review any applicable terms or privacy policy of a Third Party Site before using it or sharing any information with it, because you may give the third-party permission to use your information in ways we would not. Platinum Properties is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites.

8. Termination

You may deactivate your account at any time. After you deactivate your account, you will no longer have access to the Services. If you'd like to deactivate your account, please visit your Account Settings or contact Customer Service. Platinum Properties may terminate this Agreement or your account at any time, with or without notice.

9. Indemnification

You agree to indemnify Platinum Properties and hold Platinum Properties harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys' fees and costs) related to all third party claims, charges, and investigations, caused by (a) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (b) any Submissions or information you provide to the Services, and/or (c) any activity in which you engage on the Platinum Properties Sites or using the Platinum Properties Services.

10. Disclaimers

PLATINUM PROPERTIES PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. PLATINUM PROPERTIES DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PLATINUM PROPERTIES AND ITS SUPPLIERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY PLATINUM PROPERTIES OR ANYTHING RELATED TO PLATINUM PROPERTIES, YOU MAY DEACTIVATE YOUR PLATINUM PROPERTIES ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 8 ("TERMINATION") AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. PLATINUM PROPERTIES IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH PLATINUM PROPERTIES TO ANYONE. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE SITES MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. PLATINUM PROPERTIES DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, PLATINUM PROPERTIES DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS. PLATINUM PROPERTIES DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. PLATINUM PROPERTIES DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, PLATINUM PROPERTIES DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SITES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

11. Limitation of Liability

IN NO EVENT WILL PLATINUM PROPERTIES OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY SET FORTH BELOW AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST PLATINUM PROPERTIES OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

12. Dispute Resolution

Any claim or controversy arising out of or relating to the use of the Sites, to the goods or services provided by Platinum Properties, or to any acts or omissions for which you may contend Platinum Properties is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitration shall be venued in New York City, NY. The arbitrator shall be selected pursuant to the AAA rules or from a list of arbitrators provided by Platinum Properties. Filing and other non-award costs will be paid for, in equal shares, by both parties except that the fee to the arbitrator will be paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand. Should any State or Federal law conflict with the above rules for resolving disputes or the AAA rules, such conflicting rules shall be severed from the enforceable rules and the enforceable rules shall survive and control the dispute resolution process. Any gaps left in the process due to severed rules shall be resolved at the discretion of the selected arbitrator. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in New York. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.

Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Platinum Properties, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in New York. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys' fees.

13. MLS Agreements and Disclaimers

Disclaimers: Multiple Listing Services and other Data Providers
Platinum Properties receives the homes for sale from many listing sources. The following disclaimers apply to listings only from that particular data source.

MLS Disclaimers

Platinum Properties’ Days on Platinum Properties value is derived from the date the listing was first displayed on Platinum Properties’site, not from data in the MLS listing. Information from sources deemed reliable but not guaranteed.

REBNY – Real Estate Board of New York

IDX

By submitting a query or otherwise reviewing the information on this website concerning real property listings (the “Data”) you agree to the following: (i) you will not access the Data through automated or high-volume means; and (ii) you will not “scrape,” harvest or otherwise copy the Data except pursuant to your personal non-commercial use of the Data solely to identify real property listings that you may be interested in investigating further.