New York City Rentals

Terms of Use

Agreement. This website (the “Site”) is owned and operated by SNAPDIGS, LLC, a New York Limited Liability Company (“SNAPDIGS”).  This Terms of Use applies to this Site, located at http://www.snapdigs.com.  Any individual who uses this Site is a User for purposes of this Terms of Use.  By using the Site, you hereby agree that you are at least eighteen (18) years of age and bound by all of the following provisions of the Terms of Use.

Before you may become an advertiser, user or member of this Site, you must read and accept all of the terms and conditions in, and linked to, this Agreement, our Terms of Use and Privacy Policy. We strongly recommend that, as you read this Agreement, you also access and read any linked information.

SNAPDIGS is a listing Service.  SNAPDIGS operates the Site as an online listing service that lists apartments and homes (together “Residence” or “Residences”) for rent or sale.  SNAPDIGS does not broker, lease, or sublease Residences directly and is not a party to any transaction between owners (including, as applicable, property management companies and/or property managers) and buyers/renters. As a result, SNAPDIGS does not (a) guarantee or insure any Residence or any transaction between a buyer or renter and an owner, (b) collect or process payment or execute any contract, lease or sublease or other documentation on behalf of buyers or renters, or owners, or (c) broker, lease, or sublease or offer to broker, lease or sublease, or own any Residences. You are strongly encouraged to personally inspect any Residence advertised for sale or rent prior to: signing any contract or lease; providing personal information such as a social security number on a purchase or lease application; or wiring or otherwise sending money for any deposit, rent payment or application fee.

Site Content. All information and content available on this Site (collectively, “Content”) is protected by copyright and other intellectual property laws. The Content is owned by SNAPDIGS.  The Content is intended for personal and noncommercial use only. While you may interact with or download a single copy of any portion of the Content for your personal and noncommercial entertainment, information or use, you may not reproduce, sell, license, publish, distribute, modify, display, perform, re-post or otherwise use any portion of the Content in any other way or for any other purpose without the prior written consent of SNAPDIGS. Requests regarding use of the Content for any purpose other than personal, noncommercial use should be directed to .(JavaScript must be enabled to view this email address).

Third-Party Sites. During the course of your visit to the Site, you may be taken to third-party websites (e.g., if you choose to view additional information at a listing real estate broker’s website).  You agree that when visiting third-party websites (e.g., websites not containing http://www.snapdigs.com in the URL) you are subject to the privacy policy and Terms of Use, if any, of that third-party website, which may differ from those of SNAPDIGS. By selecting links to such third-party websites, you agree that you will be leaving the Site and that SNAPDIGS has no responsibility or liability whatsoever in connection with your use or your exchange of any information with such third-party websites. SNAPDIGS does not endorse, sponsor or guarantee these linked websites and is not responsible in any way for any advice, content, information, practices, products or services related to or made available through such linked websites.

Copyrights and Trademarks. It is the policy of SNAPDIGS to respond to claims of intellectual property infringement. SNAPDIGS will promptly process and investigate notices of alleged infringement and take appropriate action.  You acknowledge that the Content includes certain trademarks and service marks owned by SNAPDIGS. You agree not to copy, use or otherwise infringe upon or dilute these trademarks or service marks. You further agree that you will not alter or remove any trademark, copyright or other notice from any copies of the Content. The “SNAPDIGS” name and logo are trademarks of SNAPDIGS, LLC.

Software. Please note that all software programming, including without limitation all HTML and other code contained in this Site (collectively, “Software”), is owned by SNAPDIGS and/or its Licensors and is protected by copyright laws and other intellectual property laws.  Any unauthorized access to, reproduction, redistribution, publication, display or other use of the Software is expressly prohibited by law and may result in severe civil and/or criminal penalties. Violators will be prosecuted to the maximum extent possible.

User Materials. By submitting ads, content, photos, data or other materials (“Materials”) to the Site, you hereby grant to SNAPDIGS a royalty-free, perpetual, irrevocable, nonexclusive, fully transferable, fully sublicenseable right and license to copy, modify, display, distribute, perform, create derivative works from, store, and otherwise use and exploit all such Materials in any form, media, software or technology of any kind now existing or developed in the future.  By posting or submitting such information, you hereby waive any claim that SNAPDIGS misappropriated any such materials, or any portions of your Materials.

Interactive Forums. This Site may offer message boards, bulletin boards, chat rooms or other forums (collectively, “Forums”) to give Users 18 years of age and older an interesting and stimulating forum in which they can express their opinions and share their ideas. SNAPDIGS does not endorse the accuracy or reliability of any advice, opinion, statement or information posted on these Forums. Please use your best judgment, and be respectful of other individuals using these Forums. By posting a message in the Forum, you agree to abide by these Terms of Use. You may not use the Site’s Forums to engage in any Prohibited Activities (as defined below). Uploading copyrighted or other proprietary Material of any kind on the Site without the express permission of the owner of that Material is prohibited and may result in civil and/or criminal liability.

SNAPDIGS Rights. Given the nature of the Site and the volume of listings, messages and postings, SNAPDIGS cannot and does not monitor all of the Materials posted or transmitted by you and other third-party information providers. SNAPDIGS reserves the right, in its sole discretion, to monitor, refuse to publish, remove, delete, move or edit any Materials without notice, at any time for any reason. By using the Site, you expressly agree that SNAPDIGS (a) will not be liable for any claims, actions or judgments arising out of or related to any Materials and (b) may monitor, refuse to publish, remove, delete, move or edit any Materials without notice at any time for any reason, without liability and without providing a refund. You further expressly agree that you are solely responsible for any and all Materials you submit to the Site.  SNAPDIGS also reserves the right to cancel any account.

SNAPDIGS Rights. Given the nature of the Site and the volume of Materials submitted, SNAPDIGS cannot and does not monitor all of the Materials posted or transmitted by you and other third-party information providers via the Site, including, without limitation, any Materials posted via the Forums and the Advertising Service. You expressly agree that SNAPDIGS and its Affiliates: (a) will not be liable for Materials and (b) reserve the right to review, reject, delete, remove, modify, or edit any Materials at any time for any reason, without liability, without notice to you and without providing a refund.

Representations and Warranties. You hereby represent and warrant that: (a) you have all necessary authority, rights and permissions to submit the Materials and grant the licenses described in these Terms, (b) the Materials are accurate, current and complete, (c) the Materials and your use of the Site shall not infringe or misappropriate any copyright, trademark, trade secret, patent, or other intellectual property right of any third party or violate any other rights of third party, including, without limitation, any rights of privacy or publicity or any contractual rights, (d) the Materials and your use of the Site shall not violate any applicable law or regulation, including, without limitation, any applicable advertising or fair housing laws or regulations, or cause injury to any person; (e) your use of the Site shall not violate any agreements between you and a third party.

Unsolicited Materials. SNAPDIGS does not accept unsolicited materials or ideas for use or publication in its programming or in other digital, electronic or print media except in connection with the Forums, and bulletin boards on the Site.  SNAPDIGS shall not be responsible for the similarity of any of its content or programming in any media to Materials or ideas transmitted to the Site.

Fees and Services

Our Site offers a service that brings together third party owners of Residences or their agents, and interested third parties through listings for real estate sales or rentals (“Listings”).  Information about Listings is supplied by third parties and not by SNAPDIGS. The price and other terms of any transaction remain subject to direct negotiation between the parties to the transaction.  Though we hope that all who visit our Site will act honorably and treat each other fairly, we cannot verify the information third party’s supply or guarantee the Listing.  When using this Site, we urge third parties to use the same common sense and good judgment one would use in offering a Residence through, or responding to, a classified ad in the newspaper. There is no substitute for the User’s own good judgment.

To list on the Site, third party listers are required to provide certain identifying and contact information. The information must accurately identify the third party, and the method of contact must permit interested third parties to communicate directly with the third party lister.  SNAPDIGS reserves the right to deny use of the Site to anyone who does not comply with these requirements or who otherwise uses our Site in a manner we consider inappropriate.

Responsibility for the information contained in listings lies with each third party lister.  You alone are responsible for the material you post and for the content, including, without limitation, all e-mail messages transmitted through the Site. Nothing will undermine a User’s confidence in a Listing that you offer than inaccurate statements or misleading representations. Since any erosion of User confidence in you is likely to be accompanied by erosion of User confidence in us, we require that the information you supply be accurate and that, in all respects, you treat the Users to the Site fairly and honorably.

Though we cannot monitor every transaction that originates on the Site, we may perform random quality assurance tests to confirm that those who offer Listings over the Site are listing real, available Residences on the terms on which they advertise them. By using our advertising service, you agree to cooperate in these random quality assurance tests. If our tests reveal, or we otherwise learn, that a Lister is engaging in “bait and switch” or other unfair or deceptive practices, SNAPDIGS reserves the right to deny that third party Lister use of the advertising service.

By submitting a listing through our advertising service, you agree to pay the fees specified for the listing, regardless of whether you are successful in consummating a transaction as a result of the listing. Be careful in inputting your listing information; listing fees are not refundable, even if you provide erroneous information or fail to consummate a transaction.

We reserve the right to reject any ad copy. All orders are subject in all respects to our current rules and regulations and current demands upon advertising space. We reserve the right to edit, reclassify, revise or cancel any advertisement at any time. Rates and specifications are subject to change.

We retain the right to deny access to anyone who we believe has violated these terms or any other term of this agreement. We will not, in the ordinary course of business, review the content of private electronic messages that are not addressed to SNAPDIGS.  However, we may occasionally release information concerning such communications when release is appropriate to comply with law (including disclosure in response to a request from a law enforcement agency) to enforce our Terms of Use, User Agreement, Privacy Policy or to protect the rights, property or safety of visitors to our Site, the public, or SNAPDIGS.  We do not knowingly accept advertising that discriminates or intends to discriminate based on race, color, religion, age, gender, national origin, handicap, sexual orientation or familial status.  SNAPDIGS accepts no liability for error or omission.

Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Site in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel.)

Liability

You will not hold SNAPDIGS responsible for other Users’ actions or inactions, including things they post. The Site is a venue to allow anyone to consummate transactions involving listings, at any time, from anywhere.  We are not involved in the actual transaction between third party listers and interested third parties. We have no control over and do not guarantee the listings advertised, the truth or accuracy of listings, the ability of third party owners to sell, or rent Residences, or that interested third parties will actually complete a transaction.

Our liability for an error will not exceed the cost of the space occupied by the error, and in no event shall our liability for your use of our advertising services exceed the amount you paid for the use of the services.

Release

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Prohibited Activities. The following is a partial list of the kinds of activities that are prohibited on or through the Site: (a) submitting Material that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting Material that could be harmful to minors; (c) engaging in activity or submitting Material that harasses or advocates harassment of another person; (d) engaging in activity that involves the transmission of “junk mail” or unsolicited mass mailing or “spam” to Users or others; (e) engaging in activity or submitting Material or promoting information, that is fraudulent, false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting Material that contains restricted or password-only access pages, or hidden pages or images; (g) submitting Material that displays pornographic or sexually explicit material of any kind; (h) submitting Material that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; (i) engaging in activities or submitting Materials that solicit passwords or personally identifiable information for unlawful purposes from other Users; (j) engaging in commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising and pyramid schemes; (l) using any robot, spider or other automatic device, or a manual process, to monitor or copy web pages or the Content contained in the Site or for any other unauthorized purpose without our prior expressed written permission; (m) using any device, software or routine to interfere or attempt to interfere with the proper working of the Site; (n) decompiling, reverse engineering, disassembling or otherwise attempting to obtain the source code for the Software; or (o) taking any action that imposes an unreasonable or disproportionately large load on SNAPDIGS’ hardware and software infrastructure (collectively, “Prohibited Activities”).

Compliance with Fair Housing Laws. All Material is subject to federal fair housing laws, which make it illegal to indicate in any advertisement any preference, limitation, or discrimination because of race, color, religion, sex, physical or mental disability, and/or familial status. Your state jurisdiction may also prohibit any preferences based on sexual orientation, marital status, age, ancestry, source of income, or other criteria. If you have any question about the fair housing laws and housing discrimination in general, please call your local fair housing agency or the U.S. Department of Housing and Urban Development.

Warranty Disclaimer. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELIANCE ON ITS CONTENT IS AT YOUR OWN RISK. THE SITE, SOFTWARE, AND CONTENT IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS AND SNAPDIGS AND AFFILIATE AND THEIR THIRD PARTY LICENSORS AND SUPPLIERS SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY, AND WARRANTIES OF NON-INFRINGEMENT. SNAPDIGS, AFFILIATE, AND THEIR THIRD PARTY LICENSORS AND SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SITE, SOFTWARE, AND CONTENT, OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT ANY CONTENT IS ACCURATE, COMPLETE OR ERROR-FREE, THAT A LISTED PROPERTY WILL SELL, OR THAT YOU WILL RECEIVE INQUIRIES REGARDING A LISTED PROPERTY OR AS A RESULT OF PURCHASING AN AD. ALL REAL ESTATE INFORMATION AVAILABLE ON THIS SITE IS SUPPLIED BY THIRD PARTIES. SNAPDIGS AND AFFILIATE CANNOT AND DO NOT VERIFY OR WARRANT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. FOR PURPOSES OF THIS WARRANTY DISCLAIMER, “THIRD PARTY LICENSOR AND SUPPLIER” DOES NOT INCLUDE YOU.

Miscellaneous. These Terms of Use may be changed at any time and you will be notified of any such changes by an updated posting of the new Terms of Use on this page of the Site. Your continued use of the Site after the posting of any amended Terms of Use shall constitute your agreement to be bound by any such changes. SNAPDIGS may modify, suspend, discontinue or restrict the use of any portion of the Site without notice or liability. These Terms of Use will be governed by and construed in accordance with the laws of the State of New York without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the Site must be exclusively filed in the federal or state courts located in New York County, New York, within one (1) year after the cause of action arises or the cause is barred. You hereby consent to personal jurisdiction in the federal and state courts in New York County, New York, and waive any objection based on forum non conveniens. As a condition of using this Site, you agree that all causes of action arising out of or connected with this Site shall be resolved individually, without resort to any form of class action. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision of these Terms of Use will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms of Use will continue in full force and effect. Failure by SNAPDIGS to enforce any provision of this Terms of Use will not be deemed a waiver of future enforcement of that or any other provision of these Terms of Use. This Terms of Use constitutes the entire agreement between the parties regarding the subject matter hereof. Neither this Terms of Use, nor any terms and conditions contained herein, shall be construed as creating a partnership, joint venture or agency relationship or granting a franchise between the parties. IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES TO THESE TERMS OF USE, PLEASE EXIT THE SERVICE IMMEDIATELY.