Apartment Therapy Marketplace Membership and Use
Who Can Use Apartment Therapy Marketplace?
Our License to You
Joining Apartment Therapy Marketplace
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 and a password. 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.
Commercial Use of Apartment Therapy Marketplace
In connection with your use of our Service, you agree to abide by the following account restrictions at all times:
- You cannot use the word "Apartment Therapy Marketplace" or any derivation thereof in your name, nickname or corner name;
- You cannot publicly post your private information, including your phone number and email address;
- You cannot pretend to be someone else or use the personally identifiable information or likeness of another person or entity;
- You cannot have multiple accounts unless they are for different entities (e.g., personal and business); and
- You cannot transfer or sell your Apartment Therapy Marketplace account to another person or entity.
Code of Conduct
In connection with your use of our Service, you agree to abide by the following code of conduct at all times:
- Be nice, even generous, and treat other Users with respect and kindness;
- Do not harass, stalk, insult, threaten or abuse other Users;
- Do not use profane, racist or otherwise inappropriate language;
- Do not share private information of another User; and
- Do not use any public areas of our Service to demonstrate or discuss a dispute with another User, Apartment Therapy Marketplace or others.
Suspension and Termination of Account
Disabling or Deleting Your Account
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.
User Content and Comments
Apartment Therapy Marketplace allows you to post content, including photos, comments, messages, links and other materials. Anything that is post or otherwise make 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.
How Apartment Therapy Marketplace and Other Users Can Use Your User Content
Feedback You Provide
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.
User Content from Others
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.
Reporting Inappropriate Content
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, use the "Report as Inappropriate" feature to inform us, or you can email us at firstname.lastname@example.org.
Third-Party Sites and Services
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 email@example.com 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:
- An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on our Service that is reasonably sufficient to enable us to identify and locate the material;
- How we can contact you, such as your address, telephone number and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or by law; and
- A statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material.
Transactions and Messages
Transactions Between Users
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:
- Do not share or ask for a personal email address;
- Do not share or ask for credit card or bank information;
- Do not share your PayPal address (ask for an invoice instead);
- Do not message someone unless you are interested in one of their listings;
- Do not flame. If you are annoyed, upset or frustrated, please stop and think before you write. Stay positive;
- Do not message someone who has asked not to be contacted; and
- Do not use messages to send spam, including unsolicited advertising, promotions or requests.
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.
Creating a Listing
Posting Via Marketplace ‘Sell It’ Button
By installing our ‘Sell It’ Button, you agree that you will use it solely to transfer listings (from other websites) that were created by you and that the User Content posted is rightfully yours to publicly display.
Listing on Websites Powered by Apartment Therapy Marketplace
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 cannot contain ALL CAPS in the title, description or keywords;
- Your listing cannot contain copyrighted material that does not belong to you unless you have written consent to do so;
- Your listing cannot contain a link to another website for online purchases, provided that if you have an online store, you may link to it from your profile;
- Your listing cannot contain an email address or phone number;
- Your listing cannot group multiple items. Each item must have its own listing unless you have multiple quantities of the same item or the items are a set to be sold together; and
- You cannot edit a listing’s content to change it to an entirely different item (this is considered fee avoidance).
In connection with your use of our Service, you are allowed to list any of the following items, but listings must be secondhand, vintage, resale, locally-sourced or handmade:
- Furniture and storage for home and office;
- Decor and accessories (e.g. clocks, mirrors, vases, etc.);
- Home textiles (e.g., bedding, curtains, rugs, etc);
- Household appliances;
- Art and design (including tabletop and sculpture);
- Antiques and collectibles (e.g., musical instruments, books and magazines, etc.);
- Indoor plants and trees; and
- Tchotchkes and curios.
Not Allowed (Wrong Venue)
The following listings are not allowed or inappropriate for listing on our Service:
- Garage sales, yard sales, stoop sales, estate sales, etc.;
- Real estate sales, rentals and apartment swaps;
- Classes, events and meetups;
- Community announcements and want-ads;
- Items for rent or trade;
- Job offers and gigs;
- Promotional advertisements, sales and coupons;
- Pets for sale or adoption;
- Pet supplies and accessories;
- Personals (e.g., dating, friendship, etc.);
- Food and drink;
- Games and toys;
- Apparel, fashion accessories and jewelry;
- Personal electronics (e.g., computers, tablets, smart phones, etc.);
- Bikes, cars, scooters, trailers, boats and other modes of personal transportation;
- Entertainment (e.g., DVDs, CDs, VHS and cassette tapes);
- Toiletries and cosmetic items (e.g., makeup, perfumes, soaps, etc.);
- Art and craft supplies or tools; and
- Gift certificates and gift cards.
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 firstname.lastname@example.org.
- Alcohol and tobacco;
- Firearms, weapons, fireworks or any destructive device;
- Pornography and adult-oriented items, content and services;
- Offer or solicitation of prostitution;
- Gambling items, services or activities;
- Drugs of any kind, drug-like substances or drug paraphernalia;
- Pseudo pharmaceuticals;
- Substances designed to mimic illegal drugs;
- Blood, bodily fluids or body parts;
- Regulated products and services;
- Intellectual property or proprietary rights;
- Counterfeit, knock-off brand name or unauthorized goods;
- Stolen property or property with the serial number removed or altered;
- Recalled items;
- Items or activities that promote or glorify hatred or racial or religious intolerance;
- Illegal, inappropriate or offensive items or activities;
- Items or activities that enable or instruct others to engage in illegal activity;
- Cash or cash equivalents such as money orders, travelers' checks, etc.;
- Investment and credit services;
- Legal services;
- Virtual currency or stored value;
- Money aggregation;
- High risk businesses;
- Get rich quick schemes, money-making items or services;
- Medical and health services;
- Miracle cure products;
- Multi-level marketing;
- Mug shot publication or pay-to-remove services;
- Video game or virtual world credits;
- Sale of social followers, likes, views, etc.;
- Bulk email or mailing lists; and
- No-value-added services.
Fees and Credits
It is free to use Apartment Therapy Marketplace, register for an account and make a purchase from another User. Apartment Therapy Marketplace charges a fee — in the form of credits — for promoting listings. As a registered User, you may purchase credits. Credits are non-refundable, non-transferable and have no monetary value. Credits expire one year after issuance. If you permanently delete your account, or if your account is terminated by us, your purchased credits will expire immediately and your purchase of such credits will not be refunded.
Payment of Fees
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 purchase credits 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.
Privacy and Security
Hosting and Data Storage
Protection of User Information
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 email@example.com and give us enough detail to reproduce the vulnerability.
Access and Interference
You may not do any of the following while accessing or using our Service:
- Access, tamper with, or use non-public areas of Apartment Therapy Marketplace, our computer systems or the technical delivery systems of our providers;
- Exploit a vulnerability of any system, network or breach;
- Attempt to circumvent any security or authentication measures;
- Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use Apartment Therapy Marketplace to send altered, deceptive or false source-identifying information;
- Interfere with or disrupt, (or attempt to do so), the access of any User, host or network, including sending a virus, overloading, flooding, spamming, mail-bombing Apartment Therapy Marketplace, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on Apartment Therapy Marketplace; or
- Transmit viruses or other material designed to disrupt computer hardware or software functionality.
Apartment Therapy Marketplace Intellectual Property
Trademarks and Related Intellectual Property
Apartment Therapy Marketplace Reservation of Rights
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.
Legal Compliance and Taxes
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 is unable to verify or authenticate a User’s personal information or User Content; or
- Apartment Therapy Marketplace believes that a User is acting inconsistently with the letter or spirit of our policies, has engaged in improper or fraudulent activity in connection with Apartment Therapy Marketplace, or that a User’s actions may cause legal liability or financial loss to our Users or to Apartment Therapy Marketplace.
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.
Law and Jurisdiction
Binding Arbitration and Class Action Waiver
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.
Waiver and Severability
Change in Service
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.
Modification of Terms
Notices Consent to Electronic Communications
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
Questions or Concerns