Members will be prompted to accept the current agreement upon logging in.
Beginning February 13, 2013, when you log into REsearch, you will be asked to confirm your assent to the most current version of the Subscriber License and Access Agreement (SLAA). The SLAA, which is linked on our login page and presented to all subscribers upon signup, effectively covers your ongoing use of the system. However, through this login notice, our system will be able to reflect the technical acceptance of all users to the agreement. Future changes to the SLAA will prompt another similar notice.
For most users, there have been no substantive changes to the SLAA. However, as required by the National Association of Realtors® (NAR), Principal Broker Subscribers (PBSs) will also be asked to select whether they wish to assign their rights to contributed content to HIS, which allows HIS to include such content in its quarterly copyright filings. Including our subscribers’ content in our copyright filings is necessary for HIS to take appropriate action against the unauthorized use of its members’ content.
When you log into REsearch, a pop-up window will appear as shown below. You will be asked to check off one of the boxes indicating whether you assent to the SLAA or not. If you would like more time to review the SLAA and would like to postpone making a selection, there will be a selection available that will allow you to make your selection later. However, the pop-up window will appear each time you log in, until you make a selection.
If you do not make a selection by March 15, 2013, we will assume that you assent to the SLAA. If you indicate that you do not assent to the SLAA, then we shall assume that you have no interest in continuing the use of the service and your access will be terminated at the end of day on March 15, 2013.
Please note that if you are employed by a Principal Broker, Broker-in-Charge or Individual (Sole Owner) who is a subscriber of the service, you are also required to be a subscriber.
For Principal Broker Subscribers:
If you are a Principal Broker Subscriber (PBS), you will be asked to make an additional selection in regards to the rights to the Intellectual Property (Subscriber’s Contribution) that you submit to the service. In the SLAA, this is located under Section 6. Intellectual Property.
Under Option I:
- HIS agrees not to license or distribute Subscriber’s contribution to any third party who is not a real estate brokerage or appraisal subscriber to the service, if Subscriber has indicated in writing that Subscriber desires to withhold Subscriber’s contribution to such third party.
- Subscriber shall be granted a non-exclusive, perpetual, world-wide, transferable, royalty-free license to display, perform and license Subscriber’s Contribution and portions of the HIS database pertaining to Participant’s listings.
- HIS shall secure the rights of Subscriber by obtaining assignments and licenses from Subscriber’s Affiliates as necessary.
- HIS shall make quarterly registrations of the copyrights of its database including Subscriber Contribution and make reasonable efforts to detect and hinder third parties using Subscriber’s Contribution without Subscriber’s permission.
If the Subscriber selects Option II, the Subscriber grants HIS only a non-exclusive, perpetual, worldwide, transferable, royalty-free license to reproduce, prepare derivative works of, distribute,
display, perform and license the Subscriber’s Contribution.
Under Option II:
- HIS agrees not to license or distribute Subscriber’s contribution to any third party who is not a real estate brokerage or appraisal subscriber to the service, if Subscriber has indicated in writing that Subscriber desires to withhold Subscriber’s contribution to such third party. (This is the same as Option I)
- HIS shall not include the Subscriber’s Contribution with its quarterly copyright registrations.
- HIS makes no grant of license or assignment to Subscriber of any rights in the HIS Database except as set forth in subsection (e).
- HIS will make no effort to register the copyrights in Subscriber’s Contribution. The Subscriber will be responsible for all costs and effort associated with registration. Timely copyright registration is a prerequisite to suing a copyright infringer and is necessary in order to obtaining certain remedies available under the US Copyright ACT.
- HIS will employ no efforts whatsoever to detect or hinder third parties using the Subscriber Contribution without Subscriber’s permission.
- HIS will make no effort to secure for Subscriber the right to copyright works created by Subscriber Affiliates or third parties.
In the event that there is no selection made by March 15, 2013, HIS shall assume that the Subscriber selected Option I.
Should you have any questions, please feel free to contact Diana Haraguchi, VP-Administration, by calling (800) 628-3121 ext. 172 if calling from the neighbor islands, or 599-4224 ext. 172 if calling from Oahu. You may also send an email to Diana@HawaiiInformation.com.