When using the Remax platform for messaging, what is a franchisee responsible for regarding the content of their messages?

The following terms control when You post, upload, transmit, submit or otherwise make available messages, comments, text, photographs, data, graphics, images, videos, audio, or any other materials, when using the Platform ("User Content"). You are entirely responsible for Your User Content and any posting, uploading, transmission, submission or other ways of making available User Content using the Platform is undertaken at Your own risk. For all of Your User Content, You agree, represent, and warrant that:

• (a) You own all rights in and to the User Content or, if the User Content is subject to third-party rights, You have all necessary licenses, rights, permissions and consents to use the User Content (including but not limited to appropriate and necessary permissions from all person(s) appearing in the User Content), and to grant the rights contained herein;

• (b) the use of the User Content as described herein will not violate the rights, including but not limited to copyright, trademark, privacy, publicity or other proprietary rights, of any third party or any law;

• (c) the User Content does not contain anything that is inaccurate, illegal, defamatory, libelous, pornographic, racist, obscene, abusive, threatening, harassing, harmful, hateful or offensive;

• (d) the User Content is compliant with the RE/MAX Brand Identify Trademark and Graphic Standard manual;

• (e) You will not in any way submit User Content that discloses, stores, or collects any contact information or any person's personal information without that person's permission;

• (f) You will present and promote the User Content as Your work product, and not suggest, imply or indicate in any way that it is the work product of RE/MAX, LLC or that RE/MAX, LLC (or any affiliated entity) is responsible for the User Content; and you will immediately and fully comply with any RE/MAX requirements that are communicated to you regarding User Content;

• (g) You will not re-Post information elsewhere that requires a user account to access, such as private discussion forums or data reports;

• (h) You will not post User Content or link to anything that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

You are fully responsible for and shall act sensibly and with your best judgment on how and what User Content you post to the Platform. RE/MAX reserves the right, at its sole discretion, to remove or choose not to allow any displayed User Content if it does not meet the requirements set forth in these terms or if RE/MAX otherwise determines, in its sole discretion, that the User Content is not appropriate.

You hereby agree that You assume any and all liability for (i) any claims that the User Content violate the rights, including but not limited to copyright, trademark, privacy, publicity or other proprietary rights, of any third party or any law ("User Content Claims"), and (ii) any and all costs, fees or other payments incurred by RE/MAX arising from any claims or demands relating to User Content, including court costs and attorney fees. You also hereby agree to immediately address any User Content Claims once they are brought to your attention, and to immediately notify any third party asserting a User Content Claim that you, and not RE/MAX, LLC is the appropriate party for addressing such a claim.

Source: Item 22 — Contracts (FDD pages 108–334)