Last updated on May 25, 2018
Registration is required to access certain features of our Service, such as posting and sending a message to another User. If you choose to register, you are required to enter a valid email address, password, and public display name. You must keep your account information up-to-date and accurate at all times and you are responsible for maintaining the confidentiality of this information. By joining Apartment Therapy Marketplace, you agree to receive non-optional notification emails associated with account messaging and actions.
In connection with your use of our Service, you agree to abide by the following account restrictions at all times:
In connection with your use of our Service, you agree to abide by the following code of conduct at all times:
You may temporarily disable or permanently delete your account at any time. If emails to your account are undeliverable, or if you mark one of our emails as spam, your account will automatically be disabled. Apartment Therapy Marketplace reserves the right, in our sole discretion, to permanently delete and disable accounts that are unconfirmed, inactive or disabled for a period of 12 months or more or that are permanently suspended.
Apartment Therapy Marketplace allows you to post content, including photos, comments, messages, links and other materials. Anything that is posted or otherwise made publicly available on our Service by a User, including you, is referred to as "User Content." You retain all rights in, and are solely responsible for, all User Content that you post to our Service.
We love hearing from our Users and are always interested in learning about ways we can improve our Service. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Apartment Therapy Marketplace does not waive any rights to use similar or related feedback previously known to Apartment Therapy Marketplace, developed by its employees or obtained from sources other than you.
All User Content, whether publicly posted or privately transmitted, is the sole responsibility of the User who originated such User Content. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed or warranties made via User Content. Any use or reliance on User Content on our Service is at your own risk. Under no circumstances will Apartment Therapy Marketplace be liable for any losses or damages incurred as a result of the use of User Content available through our Service or syndicated elsewhere.
We do not pre-screen or verify Users or User Content. You understand that by using our Service, you may be exposed to User Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, listings that have been mislabeled or are otherwise deceptive. If you come across User Content that you feel is inappropriate, you can email us at email@example.com.
Our Service may contain links to third-party websites, advertisers, services, special offers or other events or activities that are not owned or controlled by Apartment Therapy Marketplace. We do not endorse or assume any responsibility for any such third-party websites, information, materials, products, or services. If you access any third-party website, service or content from Apartment Therapy Marketplace, you do so at your own risk and you agree that Apartment Therapy Marketplace will have no liability arising from your use of or access to any such third-party website, service or content.
If you believe that any content appearing on our Service, including content created and/or displayed by Apartment Therapy Marketplace or other material provided through a link, infringes your copyright, you should notify us in accordance with the procedure set forth below. We will process each notice of alleged infringement that we receive and will take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to our copyright agent at firstname.lastname@example.org with "DMCA Takedown Request" in the subject line. You may also contact us by mail at:
Apartment Therapy Marketplace
Attn: Legal Dept.
270 Lafayette Street, Suite 1300
New York, New York 10012
To be effective, the notification must be in writing and contain the following information:
Apartment Therapy Marketplace is not involved in transactions between you and other Users. By connecting with other Users via our Service, you are entering into a direct and personal relationship with that User. This includes meetings, payments, delivery, returns, conditions, warranties and representations. You agree that Apartment Therapy Marketplace shall not be held liable for your dealings and interactions with other Users, including any losses or damages resulting from such dealings or interactions.
In connection with your use of our Service, you agree to abide by the following messaging restrictions at all times:
We reserve the right (but have no obligation) to mediate disputes between Users for the sole purpose of customer satisfaction and conflict resolution. Our mediation does not constitute our involvement with the transaction. The outcome of our mediation shall not restrict other legal remedies and rights you may have. In the event that we mediate a dispute, you agree to hold Apartment Therapy Marketplace, its officers, employees, agents, and successors, harmless and not liable for and claims, losses, damages or costs resulting from the resolution.
Third-party websites powered by our Service may choose not to allow certain listings. If you use one of these websites, read the "What's for Sale" section of the Buying and Selling page on such website. If you publish an allowed listing that is not allowed on such website, your listing may be removed from such website, however it will continue to display on Apartment Therapy Marketplace and other affiliated websites within our Service.
In connection with your use of our Service, you agree to abide by the following listing policies at all times:
Your listing must have the following fields completed before publishing:
In connection with your use of our Service, you are allowed to list any of the following home items:
The following listings are not allowed or inappropriate for listing on our Service:
The following categories of listings, businesses and business practices are strictly prohibited on our Service (“Prohibited Businesses" or "Prohibited Listings"). The categories listed below are representative, but not exhaustive. You may not to use the Service for anything that violates any laws, the rights of any third-party or that fall into any of the following categories. If you are uncertain as to whether your listing may be prohibited, or have a question about how these requirements apply to you, contact us at email@example.com.
It is free to use Apartment Therapy Marketplace, register for an account, make a purchase from another User, and list items for sale. There are no membership, listing or transaction fees associated with Apartment Therapy Marketplace.
You are responsible for paying all fees and applicable taxes associated with using Apartment Therapy Marketplace. Unless otherwise stated, all fees are quoted in US Dollars (USD). If you choose to pay fees with another currency, you are responsible for all bank fees associated with such payment.
Users who have purchased Certification previously on Apartment Therapy Marketplace are marked as "Certified" for one year from the purchase date. Certification of a User indicates that a good faith attempt was made by Apartment Therapy Marketplace to verify the User’s identity. Certification does not prove the honesty or trustworthiness of a User. Apartment Therapy Marketplace may, in its sole discretion, choose to temporarily or permanently remove a User's certification status at any time and without notice.
Apartment Therapy Marketplace strives to safeguard User information by using generally accepted industry standard means of protection to ensure that User information is kept private during transmission and storage. However, no method of storage or transmission over the Internet is ever 100% secure, therefore we cannot guarantee absolute security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of User information at any time.
Your Apartment Therapy Marketplace account is protected by a password for your privacy and security. Your password is securely stored and Apartment Therapy Marketplace does not have access to it. You need to prevent unauthorized access to your account by selecting and protecting your password appropriately, and by limiting access to your computer and browser by signing off after you have finished accessing your account. You are responsible for safeguarding the password that you use to access our Service and for any activities or actions conducted under your password, whether or not you have authorized such use. You agree to notify Apartment Therapy Marketplace immediately of any unauthorized use of your account.
If you find a security vulnerability with Apartment Therapy Marketplace, do not publicize it and avoid data deletion, unauthorized data access and service disruption while testing the vulnerability you found. Contact us immediately at firstname.lastname@example.org and give us enough detail to reproduce the vulnerability.
You may not do any of the following while accessing or using our Service:
Apartment Therapy Marketplace retains the right to determine the content, appearance, design, functionality and all other aspects of our Service (including the right to re-design, modify, remove and alter the content, appearance, design, functionality and other aspects of our Service and any element, aspect, portion or feature thereof, from time to time), and to delay or suspend listing of, or to refuse to list, or to delist, or to require a User not to list, any or all products in our sole discretion.
In connection with your use of our Service, you must at all times comply with all applicable domestic and international laws, statutes, ordinances and regulations. If you are located outside of the United States, in connection with your use of our Service you must at all times comply with all applicable United States laws, statutes, ordinances and regulations. Additionally, you shall be responsible for paying any and all taxes, if applicable.
Without limiting any other remedies, Apartment Therapy Marketplace may, without notice and without refunding any fees, delay or immediately remove User Content, warn Apartment Therapy Marketplace’s community of a User’s actions, issue a warning to a User, temporarily suspend a User, temporarily or indefinitely suspend a User’s account privileges, terminate a User’s account, prohibit access to our Service, take technical and legal steps to keep a User from using our Service and refuse to provide services to a User if any of the following apply:
APARTMENT THERAPY MARKETPLACE, ITS OFFICERS, MEMBERS, MANAGERS EMPLOYEES, AGENTS AND SUPPLIERS: (i) PROVIDE OUR SERVICE "AS IS" AND "AS AVAILABLE" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY; AND (ii) SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM APARTMENT THERAPY MARKETPLACE SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
IN NO EVENT SHALL APARTMENT THERAPY MARKETPLACE, ITS OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS AND SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF OUR SERVICE, OR THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE LIABILITY OF APARTMENT THERAPY MARKETPLACE, AND (AS APPLICABLE) THE LIABILITY OF APARTMENT THERAPY MARKETPLACE’S OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS AND SUPPLIERS, TO YOU OR TO ANY THIRD-PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (i) THE AMOUNT OF FEES YOU HAVE PAID TO APARTMENT THERAPY MARKETPLACE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (ii) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent in accordance with the notice provision set forth below. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
Our Service is always evolving and the form and nature may change from time to time without prior notice to you. Apartment Therapy Marketplace reserves the right to modify or terminate our Service for any reason, without notice, at any time.
Apartment Therapy Marketplace will deliver all notices to the email address you provided to us in your account settings, by posting on our Service or by any other messaging services associated with our Service. Notice shall be deemed given 24 hours after notice is emailed, posted or sent. You consent to receive communications from us, whether required by law or otherwise, either by email if you have provided us with your email address or by notice posted on our Service as determined by us in our sole discretion. You agree that any requirement that a notice, disclosure, agreement or other communication be sent to you by us in writing is satisfied by such electronic communication. We are not responsible for any automatic filtering you or your network provider may apply to communications we send to an email address that you provide to us. Any notices given to Apartment Therapy Marketplace shall be delivered by postal mail to:
Apartment Therapy Marketplace
Attn: Legal Dept.
270 Lafayette Street, Suite 1300
New York, New York 10012