Terms of Use

Last update: 20th October 2016

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. BY ACCESSING AND USING THIS WEB SITE AT WWW.ROYIST.COM (THE “SITE”), YOU EXPLICITLY AGREE TO COMPLY WITH AND BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (THE “TERMS OF USE”).

By using this website and the services contained therein (‘Services’) you agree to comply with and be bound by the following terms and conditions (‘Terms of Use’). If you do not agree to and accept these Terms of Use, you should not use this website. All references within these Terms of Use to ‘we/us/our’ and “Royist” refer to the Royist website.

Royist reserves the right to change or modify these Terms of Use or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions to the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Please review these terms and conditions periodically and check the version date for changes.

The headings in these Terms of Use are solely used for convenience and have no legal or contractual significance. We may assign this Agreement, in whole or in part, at any time without notice to you and upon such assignment will be relieved of any further obligation under these Terms of Use. You may not assign, transfer or sublicense your rights, if any, under these Terms of Use. Our delay or failure to exercise or enforce any right or provision of these Terms of Use with respect to a breach by you or others shall not constitute or be construed as a waiver of such right to act. We shall not be responsible for any breach of these Terms of Use caused by circumstances beyond our control.

These Terms of Use together with the Privacy Policy constitute the entire agreement between you and us with respect to the Services and supersede any and all prior agreements and understandings between you and us.

Restrictions on Use

• You agree not to use our Services in any manner that is illegal, immoral or harmful to us.
• You agree not to remove or alter any copyright notices that appear on our website.
• You agree not to publish any material that may encourage a breach of any relevant laws or regulations.
• You agree not to transmit any material designed to interrupt, damage, destroy or limit the functionality of our website or the Services.
• You agree not to use any automated software to view the Services without consent and to only access our Services manually.
• You agree not to use the Services other than for your own personal use or as an agent listing assets.
• You agree not to attempt to copy our data or reverse engineer our processes without our consent.
• You agree not to use our Services in breach of any policy or other notice on our website.
• You agree not to interfere with any other user’s enjoyment of our website or the Services.
• You agree not to transmit materials protected by copyright without the permission of the owner.
• You agree not to conduct yourself in an offensive or abusive manner whilst using our website or the Services.

Modification of Royist Services

Royist reserves the right to modify or discontinue the Service or a portion or attribute thereof, or the offering of any information, good, content, product or service with or without notice. Royist shall not be liable to you or any third party should Royist exercise its right to modify or discontinue the Service or part of it.

Third Party Advertising and Business Dealings

Royist may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third-party products or services on the Site. Your business dealings with or participation in the promotions of such third parties, and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such third party. Royist is not responsible for and does not guarantee the price, terms, performance, quality, accuracy, availability or legality of any products, services, promotions or information offered by any advertiser. We are not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as a result of such third party information or advertisements on the Site. If you have a dispute with one or more advertisers or other third parties, you release Royist from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Registration and Security

You must be over eighteen years of age to register on our website and must ensure that the details provided by you on registration are true, accurate, current and complete. It is your responsibility to update and inform us of any changes to the details provided on registration. Although certain parts of our website may be used by anyone who visits without requiring registration, some of the Services require you to register in order to enable us to verify your identity. By registering with the service, you agree that we can send you emails about your account, other Royist services and occasional third party offers. You can manage your communication preferences or unsubscribe from communications at any time. When registering, you will be asked to create a password and will be responsible for maintaining the confidentiality of your password and restricting access to your computer, as you will be accountable for any activities conducted under your password. If you believe that someone has accessed your account without authorisation, please contact us immediately.

End-user Responsibilities

We are not an agency and we provide a service whereby agents, brokers and affiliates (“Partners”) may market and you may view asset details (‘Details’) together with other content hosted and developed by us. Partners are responsible for preparing the Details and fielding enquiries directly from you. We do not get involved in any communications between you and our partners.

Details are hosted by us in good faith but are produced directly by our partners and have not been verified by us. You are responsible for making your own enquiries and we provide no guarantee and accept no responsibility for the accuracy or completeness of any information contained within the Details.

• You are not permitted to send enquiries to our Partners that do not concern buying, selling, renting or receiving an appraisal for an asset.
• You are responsible for checking, confirming and satisfying yourself as to the accuracy of any Details.
• You are responsible for instructing a surveyor and obtaining legal advice before committing to any purchase.
• You are responsible for ensuring that you act in good faith towards any other parties.
• You must not divulge confidential data or information received from any party contacted on the Site. This shall not apply to any data or information that are public knowledge at the time they are so provided by the party, and it shall cease to apply if, at any time in the future, they become public knowledge through no fault of yours.

Partners Responsibilities

The clauses in this section are exclusively applied to Partners that actively market luxury assets either as companies or individuals and who are authorized by Royist to purchase single or multiple listings on our website, or companies and individuals that have not signed a separate contract with Royist. The Partner is obliged to guarantee the accuracy and correctness of information regarding each asset listed for rental or sale through our website. The Partner is not allowed to list on the Site luxury assets for which it is not entitled to the sale or rental for the entire duration of the service. Royist has the right to block the display of the Partner’s assets, without providing any reimbursement if the Partner makes false statements regarding the asset and/or the state of rental and/or the condition of an asset listed on the website. The Partner is not allowed to contact Users to propose assets other than the ones displayed on the Website without their prior request or consent. The Partner undertakes the responsibility to enforce among its employees, representatives, attorneys and consultants, the above mentioned obligations. The Partner is required to pay in advance for each asset he requests to be displayed on the Site, according to the price agreed by email. The payment is related to a specific asset for a pre-defined duration; therefore if the asset is sold or rented the Partner cannot substitute it with another asset. In this case Royist can block the display of the asset without any refund.

Availability of Website
We strive to ensure that our website and the Services are available to you at all times but cannot guarantee that either the website or the Services will operate continuously, without interruptions or be fault free. On occasion, necessary maintenance or upgrade work requires us to make the website and the Services unavailable without notice, but we aim to keep downtime to a minimum. We accept no liability for any interruption or loss of service. We reserve the absolute right to alter, suspend or discontinue any part of our website or the Services, including your access to it.

Copyright And License

All copyrighted and copyrightable materials on this Site, including, without limitation, the design, text, search results, graphics, images, pictures, sound files and other files, and the selection and arrangement and compilation of information (“Materials”) thereof are proprietary property of Royist or its licensors, or users and are protected by U.S. and international copyright laws. You are granted a limited, non-sublicensable right to access this Site, use the Services and print the Materials for your personal, non-commercial, and informational use only. We reserve the right, without notice and in our sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site. The foregoing license grant does NOT include the right for you to:
a. publish, display, or distribute to any third party any Materials, including reproduction on any computer network or broadcast or publications media;
b. market, sell or make commercial use of the Site or any Materials;
c. systematically collect and use of any data or content including the use of any data spiders, robots, or similar data gathering, mining or extraction methods;
d. make derivative uses of the Site or the Materials; or
e. use, frame or utilize framing techniques to enclose any portion of this Site (including the images found at this Site or any text or the layout/design of any page or form contained on a page).
Except for the limited license granted to you, you are not conveyed any other right or license by implication, estoppels, or otherwise in or under any patent, trademark, copyright, or proprietary right of Royist or any third party. Any unauthorized use of this Site will terminate the permission or license granted by these Site Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.

Royist does not assert copyright or grant any rights to the underlying images or descriptions of real estate listings that may be contained in our search results and that we derive from the source Web site or information provided by the Web site owner. Royist uses these images and excerpted descriptions solely as necessary to generate search results as a navigational tool to direct you to the originating Web site. Any use of the source images or descriptions is subject to the copyright owner’s permission and/or the requirements of applicable law. Royist does assert copyright and reserves all right to the search results and associated compilations.

Disclaimer of Responsibility for Third Party Content

Royist may provide third party content on the Site and may provide links to Web pages and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information. Royist does not monitor or have any control over any Third Party Content or third party Web sites. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not Royist. In many instances, the content available through this Site represents the opinions and judgments of the respective information providers or users. Royist does not endorse or adopt any Third Party Content, and is not responsible for and does not guarantee the accuracy, completeness or reliability of any Third Party Content or any opinion, advice or statement made on the site by any third party. Users use such Third Party Content contained therein at their own risk.

Links To Other Sites

The Services contain links to third-party Web sites. These third-party sites are not under the control of Royist. We are providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the site or any information contained therein. Royist is not responsible or liable for the contents of any linked site. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties. When leaving this Site, you should be aware that our terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.
Trademarks And Service Marks

“Royist” and our logos are either trademarks, service marks or registered trademarks of Royist, or its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without our prior written permission or that of our suppliers or licensors. You may not use any meta tags or any other “hidden text” utilizing “Royist” or any other name, trademark, or product name of Royist without our permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Royist, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and Royist’s names or logos mentioned herein are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Intellectual property

The Services and all content on our website, including but not limited to design, copy, search results, images, graphics, structure, layouts and the underlying software code are protected by copyright and trademarks and are subject to the intellectual property rights of Royist and its licensors. Our logos together with our trademarks and/or service marks may not be copied or reproduced without our prior written consent. All rights are reserved, except for the limited licensed rights expressly granted below.
You may not reproduce, republish, transmit or distribute any material or information on our website without our prior consent. However, you are granted a limited right to access the Services and retrieve, display and print content pages for your own personal, non-commercial use only. We reserve the right, in our sole discretion and without notice to you, to terminate your licence to use our Services and to prevent future access by you to our website.

Indemnification

You agree to defend, indemnify, and hold Royist harmless from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content you post, store, or otherwise transmit on or through the Site or your use of the Site and the Service, including, without limitation, any actual or threatened suit, demand, or claim made against Royist arising out of or relating to the User Content, your conduct, your violation of these Terms of Use, or your violation of the rights of any third party.

No Warranties

THIS SITE, THE MATERIALS, AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, AND CONTENT ON THE SITE. WE DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY.

Limitation Of Liability

IN NO EVENT SHALL Royist, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Applicable Law

These Terms of Use shall be governed by and construed in accordance with English law and the parties agree that any disputes will be settled in English courts, save that we may take action in any relevant jurisdiction to enforce our intellectual property rights. Should any provision of these Terms of Use be determined to be invalid or unenforceable by any court having competent jurisdiction, then the invalid or unenforceable provision will be replaced with a provision that reflects the intent of the original provision, to the extent permitted by applicable law and all other provisions of these Terms of Use shall remain in full force and effect.

Digital Millennium Copyright Act Compliance

In accordance with the provisions of the Digital Millennium Copyright Act (DMCA) and the European Union Internet Copyright Directive applicable to Internet service providers (17 U.S.C. § 512; 2001/29/EC), Royist has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, subscribers or account holders who are deemed to be repeat infringers. If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement, please provide Royist’s copyright agent the following written information:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the Site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Before sending a notice to Royist, you should confirm that you are the copyright owner or have rights to the copyright which the DMCA requires. Contact information for Royist’s Copyright Agent for notice of claims of copyright infringement is provided below.

DMCA Agent:
Royist Legal Department

Email address:
dmca@royist.com