Legal · version 2026-08-24.2
Agent Content and Chain of Responsibility
Who answers for what gets published here. The most important document of all, and the shortest to sum up: you answer for what is yours.
This English version is a courtesy translation. If it differs from the Spanish version, the Spanish version prevails.
01 The rule, in one line
Each person is responsible for everything they publish on this platform. Photographs, text, property descriptions, prices, videos, scripts, episodes, transcripts, links and any other material: whoever uploads it is responsible for it. Not the office, not the partners, not the operations coordination team, not the brokerage, and not the company that built this platform.
02 Why this rule exists, and why it is not a formality
This platform is maintained by the team, not by an agency. Each agent loads their own profile, their own properties and their own podcast material, without anyone reviewing every word before it goes live. That autonomy is what keeps the site alive — and it is also why responsibility has to sit where the decision is made. Whoever chooses what to upload is the one responsible for having uploaded it.
03 What you represent every time you publish something
By uploading any material you represent, and this is a representation with consequences, that: (1) you own the rights or hold a license sufficient to use the material and to authorize its publication here; (2) every identifiable person who appears in it gave their express authorization; (3) the information is truthful and current as of the date you publish it; (4) you have the owner's authorization to advertise each property you publish; (5) the material complies with the advertising rules of the Florida Real Estate Commission, including display of the brokerage's licensed name; and (6) the material complies with the Fair Housing Act and expresses no preference, limitation or discrimination based on race, color, religion, sex, disability, familial status or national origin.
04 The license you grant us over your material
You remain the owner of what you upload. You grant us a NON-exclusive, worldwide, royalty-free license, transferable to our hosting and distribution providers, to store, display, reproduce, adapt in format and size, distribute and promote that material on this site, on the podcast sub-site, on its audio channel and on the office's channels. The license exists so we can publish what you asked us to publish: it does not make us the owner of anything.
05 How long that license lasts, stated plainly
For as long as the material remains published, and afterward only for two specific things: episodes already released, which cannot be withdrawn from wherever they have already been distributed, and backup copies, which rotate and are deleted on their cycle. If you ask us to remove your material, we remove it from the site. A podcast episode you took part in that has already been distributed cannot be pulled back from the devices of whoever downloaded it, and that is worth knowing BEFORE recording, not after.
06 Your image and your voice
Publishing your photograph, your name and your voice here requires your express authorization, which you give when you complete your profile and when you book the studio. Florida has its own statute on this (Fla. Stat. 540.08), which allows a person to claim damages, and even punitive damages, when their name or likeness is used for commercial purposes without express consent. So: never upload another person's photograph without their permission, and never publish an episode with a guest who did not authorize appearing in it.
07 What you may NOT publish
Material you do not hold the rights to, including photographs from the MLS or from another agent, and copyrighted music. Third parties' personal data without their permission. Performance or return claims you cannot substantiate. Legal, tax or financial advice presented as coming from the office. Content that discriminates or that could be read as a preference in housing. Prices or terms you know to be out of date.
08 Your indemnification — who is covered, and exactly why
You agree to defend, indemnify and hold harmless: the office and its partners; the operations coordination team; the other agents; the brokerage under which the office operates; and the company that designed, builds and maintains this platform, together with its principals and contributors. Coverage extends to every claim, demand, proceeding, loss, damage, fine, penalty, cost and reasonable attorney's fee ARISING OUT OF, OR RESULTING FROM: the material you published; your breach of the representations in the preceding section; your infringement of a third party's copyright, trademark, likeness or privacy rights; your failure to comply with real estate advertising or fair housing rules; or your conduct within the office's spaces.
09 Why this clause is limited and does not say "everything"
It could be written more broadly, and it would be weaker. In Florida, indemnification clauses are strictly construed, and one drafted as "any and all claims" is not enough to cover situations it does not name. In addition, clauses that seek to cover the drafter's own negligence are disfavored and are read against the drafter. This one covers what it truly needs to cover — what you publish and what you do — and that is why it holds up.
10 What this platform is NOT
This platform hosts and displays what its users publish. It is not the author of that material, it does not review it word for word in advance, and it does not adopt it as its own. United States federal law (47 U.S.C. 230) provides that the operator of an interactive service is not treated as the author of information published by someone else. The review the coordination team carries out before publishing a profile or a property is a quality and compliance check — that it is complete, that it carries the brokerage's name, that it does not discriminate — and it does not make the office the author or the guarantor of the accuracy of what the agent says.
11 Where that protection does NOT reach, stated plainly
The protection of 47 U.S.C. 230 has exceptions that are better known than discovered: it does NOT cover intellectual property claims, which is why the DMCA procedure and the designated agent exist separately. Nor does it cover federal criminal law. And it does not protect whoever published the material: it protects the platform. You remain responsible for what is yours in every case.
12 Removal of material
The office may remove or unpublish any material, without prior notice, when there is a rights claim, an order from a competent authority, a breach of these rules or a reasonable legal exposure. Removing something is not a judgment on the merits and gives rise to no right to compensation. We will let you know and explain why.
13 Limitation of liability
This platform is offered as is. To the extent the law permits, neither the office, nor its partners, nor the brokerage, nor the company that builds it is liable for lost profits, lost business opportunity, loss of data, or indirect, incidental or consequential damages arising from use of the platform. Nothing here limits liability that the law does not allow to be limited, including liability arising from willful misconduct or grossly negligent conduct.
14 If you leave the office
Your public profile and your properties are unpublished. Your recordings already released remain wherever they were already distributed, as explained above. The activity log of your account is retained for the period the office sets for accounting and security purposes. The special terms for founding agents are in the studio membership terms.
15 Governing law
These terms are governed by the laws of the State of Florida. Disputes are submitted to the competent courts of the county where the office is domiciled, unless a mandatory rule of law provides otherwise.