Zillow^® Listings Feed - Terms

Thank you for choosing to provide data, pictures, and other content about homes you have listed for sale ("Data") to Zillow, Inc. ("Zillow.com") through one or more data feeds. This document sets forth the terms that apply when the agent, broker, brokerage company, or data listing aggregator identified below ("you") provide the Data to Zillow.com on behalf of yourself or third parties. By providing Zillow.com access to Data and by checking the box indicating your acceptance of these Listing Data Feed Terms, you agree to these terms. .

1. License to Data. You grant Zillow.com a license to the Data depending on which listing feeds program you select.

   (a) Listing and Sold Program. You grant Zillow.com a nonexclusive, royalty-free license to use, copy, distribute, publicly display and perform, and create derivative works of the Data, only on and in connection with the web sites controlled by Zillow.com. This license is perpetual, but subject to termination as described in Section 4 below. After a listing terminates, Zillow.com will retain the corresponding Data and will provide you with attribution whenever displaying that Data; OR

   (b) Simple Listing Program. You grant Zillow.com a nonexclusive, royalty-free license to use, copy, distribute, publicly display and perform, and create derivative works of the Data, only on and in connection with the web sites controlled by Zillow.com. When you inform Zillow.com that a listing is sold or otherwise terminated, Zillow.com will remove the Data for that listing from public display.

   In any case, Zillow.com will not alter the Data you provide except for format and presentation purposes only. Zillow may also create derivative works that do not include the Data in identifiable form (e.g. using Data to produce Zestimate^® values).

2. Warranty. You represent that (a) you have all rights necessary to grant Zillow.com the rights in paragraph 1 on behalf of yourself, the brokerage you represent, or if you are a listing data aggregator, the third parties whose data you aggregate; (b) to the best of your knowledge, the Data is accurate and complete and is consistent with like records you provide to listing or other services; (c) the Data complies with all applicable laws, ordinances, regulations, and licenses; (d) that Zillow.com's exercise of such license rights will not violate any proprietary or personal right of any third party, including the property owner(s); (e) that the Data will not cause injury to another person or entity; and (f) the information provided below is accurate and complete. You further promise to indemnify and defend Zillow.com and its affiliates for all claims related to your Data, including breach of any warranty set forth above. If you discover that any violation of the warranties above, you will immediately notify Zillow.com at feeds@zillow.com.
3. Changes. Zillow.com reserves the right to change these terms upon notice to your contact identified below. Unless you cease providing Data as described in paragraph 4, such changes will apply on and after the effective date in such notice, and your continuing to provide Data to Zillow.com will constitute acceptance of and agreement to any such changes. Zillow.com may suspend or discontinue its services, including use of the Data, at any time.
4. Termination. You may cease providing Data to Zillow.com at any time. Zillow.com will remove your Data from Zillow.com websites and delete it from Zillow.com's records within five (5) business days of receipt of the Notice of Termination, except that Zillow.com will retain a nonexclusive, royalty-free, perpetual license to use, copy, distribute, publicly display and perform, and create derivative works of Basic Data, only on and in connection with the web sites controlled by Zillow.com. After termination, paragraphs 2 and 5 will survive with respect to Data already provided to Zillow.com, and Zillow.com will retain ownership of derivative works created hereunder. Basic Data is defined in the Zillow.com Broker Listing Feeds Guide technical specification, available at www.zillowfeeds.com. Notice of Termination is a letter to Zillow.com terminating these Zillow.com Broker Listing Terms, sent via certified U.S. mail or overnight delivery, to: Zillow.com Broker Listing Feed Termination, c/o VP Partner Relations, 999 Third Ave., Suite 4600, Seattle, WA 98104, with a carbon copy to Zillow.com Broker Listing Feed Termination, c/o Legal Department at the same address.
5. Choice of Law; Entire Agreement; Facsimile.You and Zillow.com agree that these terms shall be governed by the laws of the State of Washington and that jurisdiction and venue for any disputes shall be resolved exclusively in the state or federal courts in King County, Washington. These terms constitute the entire agreement between the parties pertaining to the subject matter hereof, and supersede all prior agreements, understandings, negotiations and discussions. This Agreement may be executed via facsimile, and a facsimile copy shall be deemed and be enforceable as an original. Please fax a copy of the executed Agreement to 206-299-4059.

- June 2008