East Kensington Elementary

By accessing any of the websites or mobile application (collectively, hereinafter “website”, “site” or “websites”) operated by ONIKON Creative Inc., including MLS® Participant’s (Realtor®) website, you, the user, agree to be bound by all of the terms of use and agree these terms constitute a binding contact between the user and

reserves the right to change or modify these Terms of Use or any policy or guideline of the website, at any time and in its sole discretion. Your continued use of the website following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you need to check the “Terms of Use” and its version periodically.

The following terms have the following meanings:

• “MLS® Data” means MLS® property data maintained in the MLS® Database regarding the listings of corporate Members of the Board and corporate members of other real estate boards and associations.
• “MLS® Database” means a single proprietary database of text, images and related information pertaining to properties listed for sale compiled by the Board.
• “MLS® VOW” means a secure password-protected internet website controlled and operated by an MLS® VOW Participant, through which the MLS® VOW Participant provides real estate services to consumers or consumer clients with whom the MLS® VOW Participant has established a lawful REALTOR®/consumer or REALTOR®/client relationship, and where the consumer has an opportunity to search for MLS® VOW Data.
• “MLS® VOW Agreement” means the agreement in a form prescribed by the Board, between the Board and the Member relating to the operation of an MLS® VOW.
• “MLS® VOW Data” or “MLS® VOW Datafeed” means MLS® Data prescribed by the Board from time to time, which is made available by the Board to MLS® VOW Participants from time to time for display on an MLS® VOW.
• “MLS® VOW Participant” means a Member who is a party to an executed MLS® VOW Agreement which has not expired or been terminated.
• “MLS® VOW Service Provider” means an entity or person designated by an MLS® VOW Participant to operate an MLS® VOW on their behalf.
• “Registrant” means you, the user or a consumer who has entered into a lawful REALTOR®/consumer or REALTOR®/client relationship with an MLS® VOW Participant through an MLS® VOW in accordance with this Terms of Use.
• “Scraping” means use of a software program or other method to extract photographs and text from an MLS® VOW for use on an internet website other than an MLS® VOW or for use in any manner except as permitted by this Terms of Use.

By agreeing to these “Terms of Use” you acknowledge and agree:

• that the information may not be accurate;
• that the MLS® VOW Participant and MLS® VOW Service Provider do not guaranteed its information and it is the reponsibility of you to confirm all information your own;
• that you have supplied the MLS® VOW Participant with a user name and a password, both of which must be unique to you;
• that you must provide the valid email address and will be permitted to access the VOW only data after email verification by Participant;
• that your password and access to MLS® VOW data will be expired in 30 days after the email verification;
• that the Participant must maintain a record of the name, telephone number, e-mail address and the user name of each Registrant during the currency of the Registrant’s password and for not less than one hundred eighty (180) days after the expiration of the validity of the Registrant’s password;
• that the Participant provide to the Board a copy of the record of the name, e-mail address, telephone number, user name and password upon request if you cause a breach in the security of the data or a violation of MLS® rules related to use by one or more Registrants.
• that a “mouse-clicking” is sufficient acknowledgement and agreement to this Terms of Use;
• that you have received, read and understood the brochure published by the British Columbia Real Estate Association entiteld “Privacy Notice and Consent”;
• that you are entering into a lawful REALTOR®/ consumer or REALTOR®/client relationship with the Member;
• that all data obtained from the MLS® VOW is intended for and may only be used for the Registrant’s personal, non-commercial use;
• that you have a bona fide interest in the purchase, sale or lease of real estate of the type being offered through the MLS® VOW;
• that you will not yourself, and will not permit or assit others to, directly or indirectly:
  • copy, redistribute or retransmit any of the MLS® VOW Data or information provided;
  • display, post, disseminate, distribute, publish, broadcast, transfer, sell or sublicense any of the MLS® VOW Data to another person;
  • engage in Scraping (including “screen scraping” and “database scraping”), “data mining” or any other activity intended to collect, store, re-organize, summarize or manipulate any MLS® VOW Data or any related data;
• that you acknowledges the Board’s ownership of, and the validity of the Board’s proprietary rights and copyright in the MLS® VOW Data, and listing information;
• that you expressly authorizes the Board or their duly authorized representatives, to access the MLS® VOW and your information provided to the MLS® VOW Participant, for the purpose of verifying compliance with and pursuing enforcement of the Terms of Use and all applicable rules, regulations, bylaws, policies, and laws;
• the Terms of Use agreement do not impose a financial obligation on you or create an agency agreement between you and the participants;
• that any financial obligation or agency agreement entered into by a Registrant through an MLS® VOW must be set forth separately from the Terms of Use, must be prominently labelled and may not be accepted solely by mouse click;
• that your personal information will be used by the website in accordance with the website privacy policy located at: Privacy Policy

This website allows a third-party company, Facebook, to serve ads and/or collect certain anonymous information when visitors use our website. Facebook may use cookies or web beacons to collect non-personally identifiable information (e.g., click stream information, browser type, time and date) during your visit to this website in order to help show advertisements on other websites likely to be more interesting to you. To learn more about this behavioral advertising practice or to opt-out of this type of advertising, you can visit https://www.facebook.com/help/247395082112892.

If these Terms of Use are translated into a language other than English and there are conflicts between the translations, the English version shall prevail and control.