Terms of Usage

TERMS OF USE

Last Updated: June 19, 2013

Thank you for visiting Ditchthespace.com.  Ditch the Space provides an online platform that connects individuals who are looking for apartments and commercial spaces with individuals who have apartments and commercial spaces for rent, sublease or assignment (the “Services”).  The Services are accessible at www.ditchthespace.com, and any other websites through which the Services are available (collectively, the “Site”).  The Site and the Services are created, controlled and published by Ditch the Space LLC (“Ditch the Space”).  

By accessing or using the Site, you agree to be bound by these terms of use (“Terms” or "Terms of Use"), whether or not you create an account on the Site.  These Terms of Use set forth Ditch the Space’s policies with respect to its operation of the Site and Services, govern your access to and use of the Site, and constitute a binding legal agreement between you and Ditch the Space.  Please read THESE TERMS OF USE carefully before using the SITE AND Services.  Your use of any part of the SITE AND Services constitutes your acceptance to be bound by these terms.  If at any time you do not accept all OF the terms and conditions of THESE TERMS OF USE, you must immediately discontinue use of the Services.

BY ACCESSING OR USING THE SITE OR SERVICES, YOU ARE REPRESENTING AND WARRANTING THAT: (A) YOU ARE A LEGAL RESIDENT OF THE UNITED STATES; (B) YOU ARE EITHER AT OR ABOVE THE LEGAL AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE; (C) YOU OWN OR HAVE SUFFICIENT AUTHORIZATION TO USE THE COMPUTER, MOBILE DEVICE, TECHNOLOGY OR OTHER DEVICE YOU USE TO ACCESS THE SERVICES (COLLECTIVELY, “DEVICE”); AND (D) YOU WILL ACCESS AND USE THE SITE AND SERVICES IN ACCORDANCE WITH THESE TERMS.

YOU UNDERSTAND AND AGREE THAT Ditch the Space IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN USERS OF THE SITE OR SERVICES, NOR IS DITCH THE SPACE A REAL ESTATE BROKER, AGENT OR INSURER.  Ditch the Space HAS NO CONTROL OVER THE CONDUCT OF USERS OF THE SITE OR SERVICES, OR any properties listed on the site, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.

Certain features offered by the Site may be governed by additional terms (“Additional Terms”) presented in conjunction with those features.  You must agree to those Additional Terms before using those features.  The Additional Terms and these Terms, taken together, shall apply to your use of those features or the Site.  If there is an inconsistency between the Additional Terms and these Terms, the Additional Terms shall control. 

QUICK GUIDE TO CONTENTS

1.        Privacy and Protection of Personal Information

2.        Eligibility

3.        Accounts; Cancellation

4.        Disclaimer of Warranties

5.        Limitations on Liability

6.        Indemnification

7.        Modification/Termination of the site or Services

8.        Software and Downloads Available Through the Services

9.        Your license to ditchthespace.com

10.        User Code of Conduct

11.        Mobile Devices

12.        International Use

13.        General

14.        COPYRIGHT & TRADEMARK NOTICE

15.        Changes to these terms

  1. Privacy and Protection of Personal Information

Please review the Ditch the Space Privacy Policy [insert link] to learn about our practices regarding the collection, use, disclosure and protection of personal information.  By using any part of the Site or Services you agree to the terms of the Ditch the Space Privacy Policy.

  1. Eligibility

The Site and Services are intended solely for persons who are 18 or older.  Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited.  By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.

How the Site and Services Work

The Site and Services can be used to facilitate the listing and rental of residential and commercial properties (“Accommodations”).  Such Accommodations are included in listings on the Site and Services by users.  

As stated above, Ditch the Space is not an owner or operator of properties, including, but not limited to, Accommodations, nor is it a provider of properties, including, but not limited to, Accommodations and Ditch the Space does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to, Accommodations.  Ditch the Space’s responsibilities are limited to facilitating the availability of the Site and Services.

PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE RENTAL, SUBLEASE OR ASSIGNMENT OF ACCOMMODATIONS.  Ditch the Space CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS OR THE CONDITION, LEGALITY OR SUITABILITY OF ANY ACCOMMODATIONS.  Ditch the Space IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND ACCOMMODATIONS.  ACCORDINGLY, ANY AGREEMENTS WILL BE MADE AT THE USER’S OWN RISK.

  1. Accounts; Cancellation

In order to access certain features of the Site, and to rent, sublease or assign an Accommodation or create a listing, you must create an account (“Account”).  If you create an Account to use the Services, you must complete the sign-up process specified on the Site by providing Ditch the Space with complete and accurate information as requested by such process.  You must keep your Account data complete, accurate and up-to-date, and any loss caused by your failure to do so is your responsibility.  After completing the sign-up process, you may be asked to choose a password.  It is your responsibility to maintain the confidentiality of your password and Account.  You are also responsible for all activities that occur under your Account.  You agree to notify Ditch the Space immediately of any unauthorized use of your Account.  Ditch the Space is not liable for any loss that you may incur as a result of someone else using your password or Account.  We may suspend or terminate your Account if we have a reasonable belief that it is being used in connection with fraudulent activity, or you breach these Terms or for any other reason we determine in our sole discretion, and also suspend or terminate your access to the Site or Services, in whole or in part.

You may cancel your Account at any time by notifying Customer Service at [email protected] Please note that if your Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site.

  1. Disclaimer of Warranties

YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THE site or SERVICES IS AT YOUR OWN RISK.  ALL CONTENT, INCLUDING SOFTWARE, information AND SERVICES, CONTAINED WITHIN OR AVAILABLE THROUGH THE Site ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS.  Ditch the Space affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Services, including thE Site and its contents (THE “Ditch the Space PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE site or SERVICES OR THE INFORMATION, CONTENT OR MATERIALS PROVIDED IN CONNECTION WITH THE site or SERVICES.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE Ditch the Space PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES.  Ditch the Space DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE site or SERVICES WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE site AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS.  THE Ditch the Space PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT OR MATERIAL OF ANY KIND CONTAINED WITHIN THE site or SERVICES FOR ANY PURPOSE.

Ditch the Space IS NOT RESPONSIBLE FOR ANY FAILURE TO ACCESS OR USE THE site or SERVICES OR FOR FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, LOST, INTERRUPTED, OR UNAVAILABLE CONNECTIONS OF ANY KIND, MISCOMMUNICATIONS OR FAILED TRANSMISSIONS OF DATA, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT OR ERROR RELATING TO THE site or SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DITCH THE SPACE OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES.  YOU UNDERSTAND THAT Ditch the Space DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES OR TO REVIEW OR VISIT ANY ACCOMMODATIONS.  YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED OR FACILITATED BY Ditch the Space. Ditch the Space EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USER OR OTHER THIRD PARTY.

Exceptions
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, Ditch the Space’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

  1. Limitations on Liability

In no event shall the Ditch the Space Parties be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of the Site or Services; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained in the Site or any materials or content obtained through the Site or Services; (vi) any transactions entered into through the Site or Services, (vii) any property damage including damage to your Device or computer system caused by viruses or other harmful components during or on account of access to or use of the Services, including any site to which the Services provide hyperlinks; or (viii) damages otherwise arising out of your use of or access to the Site or Services, or the content of any site or sites linked to from the Site or Services. These limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if Ditch the Space has been advised of the possibility of damages.  In no event shall Ditch the Space’s liability exceed the total amount paid by you to Ditch the Space, if any, for accessing the Services.

  1. Indemnification

You agree to release, defend, indemnify and hold harmless the Ditch the Space Parties from and against all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of these Terms, the Additional Terms, or any warranty you provide herein, or otherwise arising in any way out of your use of the Site, Services and/or any related software.  You agree to cooperate fully with Ditch the Space in asserting any available defenses in connection with a claim subject to indemnification by you under these Terms.

  1. Modification/Termination of the site or Services

Ditch the Space reserves the right, at its sole discretion, to modify, suspend, or terminate the Site or Services, and/or any portion thereof,  or to modify these Terms at any time and without prior to you.

If your account is cancelled or terminated, you will no longer be authorized to use the Services, but you will still be bound by your obligations under these Terms and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability.  Ditch the Space shall not be liable to you or any third party for any modification, suspension or termination of the Site or Services or your access to the Site or Services.

If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification.  We will also update the “Last Updated Date” at the top of these Terms.  By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.

  1. Software and Downloads Available Through the Services

Any software that is made available in connection with the Services, including applications, audio or video streaming (“Software”) is owned or controlled by, or licensed to, Ditch the Space and is protected by copyright laws and international treaty provisions.  Your use of the Software is limited to private, non-commercial use and is governed by the terms of the end user license agreement, if any, which accompanies the Software.  Ditch the Space has no liability with respect to any Software owned or controlled by third parties.

  1. Your license to ditchthespace.com

You own all content you submit to the Site, including but not limited to profile information, images, messages, and any other materials (“Your Content”).  By submitting Your Content you hereby irrevocably grant us a perpetual, world-wide, non-exclusive, royalty-free, sublicensable and transferable license and right to use Your Content for any purpose and in any media now existing or in the future.  By “use” we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, and create derivative works.  You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content brought against us.

You are responsible for Your Content.  You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable.  You may be held liable for Your Content.

In submitting Your Content to us, you represent that:

  1. You are the sole author of Your Content, and Your Content are not copied from or based on, in whole or in part, any other work or website, except works in the public; and
  2. Use of Your Content by us will not violate or infringe any right of yours or any third party;
  3. Your listing of any Accommodations will not violate, breach, infringe upon or otherwise negatively affect any legal document relating to the Accommodations, including without limitation a property rental agreement;
  4. You will immediately remove any listing once the Accommodation has been rented, subleased, or assigned.
  5. With regard to Your Content which are images, you agree that at least one of the following is met:
  1. You have taken the photograph or video being submitted;
  2. You own the rights to the images, audio, or artwork; or
  3. You have explicit permission from the rights-holder to submit such images, audio, or artwork for use on our Site and to grant the rights you have granted herein.

Without limitation you agree that you will not:

  1. Violate any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
  2. Use material that is illegal, or that violates any federal, state, or local law or regulation;
  3. Use material that contains language or images intended to impersonate another person or offensive or inappropriate user names or signatures;
  4. Disguise or attempt to disguise the origin of Your Content;
  5. Be a shill or a deceptive advertisement or cause, or be a result of, a conflict of interest; or
  6. Assert or imply that Your Content is in any way sponsored or endorsed by us, each as determined in our sole discretion.

We may use, post or refuse to post, disable from view, remove or reinstate any content (including Your Content) in our sole discretion.  Without limiting the generality of the foregoing, we may, but are not obligated to, hide or remove any of Your Content that we determine, in our sole discretion, to be in violation of the terms hereof.  We are not obligated to return any of Your Content to you under any circumstances.

  1. User Code of Conduct

The Site and Services are for your personal use only.  In accessing and using the Site and Services, you agree that you will not:

  1. Post a listing on this Site for a space you are not the current tenant of.
  2. Deliver any unlawful postings to or through the Site or Services, or any postings which advocate unlawful activity.
  3. Deliver, or provide links to, any postings containing material that:
  1. could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or objectionable;
  2. harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
  3. is defamatory, false or libelous; or
  4. infringes or violates any intellectual property or other right of any entity or person.
  1. Deliver any posting that you do not have a right to make available under law or contractual or fiduciary relationships.
  2. Impersonate another person or entity or misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to deceive or defraud another.
  3. Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver.
  4. Deliver any posting containing personal information, such as phone numbers, social security numbers, account numbers, addresses or employer references.
  5. Use this service in any manner which could damage, overburden or interfere with the use of the Services or other users’ Devices, or damage, disrupt or limit the functioning of any software, hardware, or telecommunications equipment.
  6. Attempt to gain unauthorized access to the Site or Services, any related website, or other accounts, computer systems, or networks connected to the Site or Services, through hacking, password mining, or any other means.
  7. Obtain or attempt to obtain any materials or information through any means not intentionally made available through this the Site or Services, including by collecting information about others such as email addresses.
  8. Violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations.
  9. Copy, store or otherwise access any information contained on the Site, Services or Content for purposes not expressly permitted by these Terms.
  10. Infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights.
  11. Interfere with or damage the Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology.
  12. Use the Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers.
  13. Use the Site or Services in connection with the distribution of any unsolicited advertisement, promotional materials, junk email, bulk email (also known as “spam”), chain letters, surveys or contests, solicit participation in any pyramid schemes (unless it is on a page that explicitly states that such postings are allowed on that page), or engage in other activity unrelated to renting or leasing residential or commercial space.
  14. List any Accommodations that you do not yourself have permission to rent as a residential or other property (without limiting the foregoing, you will not list Accommodations if you are serving in the capacity of a rental agent or listing agent for a third party).
  15. List any Accommodations that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a property rental agreement.
  16. Sign-up for more than one Account or sign-up for an Account on behalf of an individual other than yourself.
  17. Contact a user for any purpose other than asking a question related to a listing.
  18. Contact a Guest for any purpose other than asking a question related to a booking or such Guest’s use of the Site, Application and Services; submit any listing with a false or misleading price information, or submit any listing with a price that you do not intend to honor.
  19. Use the Site or Services for any commercial or other purposes that are not expressly permitted by these Terms.
  1. Mobile Devices

Through use of the Site or Services, you may be able to: (a) upload content to the Site via your mobile Device, (b) receive and reply to messages, or to access or make posts using text messaging, (c) browse the Site from your mobile Device and/or (d) access certain features you have downloaded and installed on your mobile Device (collectively the “Mobile Services”).  In order to do so, you must have a mobile communications subscription with a participating carrier (or have the consent of the applicable subscriber) or have access to a mobile communications network. You are solely responsible for paying any service fees associated with any such access (including text messaging and data charges for each text message and any data you send and receive on your mobile Device, as applicable).  You must provide all equipment and software necessary to connect to the Site or Services, including, but not limited to, a mobile Device that is in working order and suitable for use in connection with the Site or Services.  You must ensure that your Device and/or software does not disturb or interfere with the Site or Services, including the Site’s operations.  Any equipment or software causing interference will be immediately disconnected from the Site and Services, and Ditch the Space may immediately suspend or terminate your further use of the Site or Services.  If any upgrade to the Site or Services requires changes in your equipment or software, you must make these changes at your own expense.  Unless explicitly stated otherwise, any additional features that augment or enhance the current Site or Services will be subject to the terms and conditions of these Terms.  You agree to comply with any applicable laws in your use of the Site and Services.

  1. International Use

Accessing materials through the Site or Services by certain persons in certain countries may not be lawful, and Ditch the Space makes no representation that materials provided through the Site or Services are appropriate or available for use in locations outside the United States.  If you choose to access the Site or Services from outside the United States, you do so at your own risk.

  1. General

These Terms and any Additional Terms shall be governed by, construed and enforced in accordance with the laws of the State of New York, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles.  You agree that any all disputes, claims and causes of action relating to these Terms, the Additional Terms, the Site or Services, and/or the Privacy Policy, shall be resolved individually, without resort to any form of class action, exclusively by confidential arbitration in New York, New York, before a single arbitrator pursuant to the then-current arbitration rules of the American Arbitration Association.  Any award rendered shall be final and conclusive upon the parties and a judgment thereon may be entered in the highest court of any forum, state or federal, having jurisdiction, provided, however, that the party that commences an action to enforce, vacate or otherwise modify an arbitration award shall not include any confidential information in such filing unless required to do so by applicable court rules and, if so required, shall take all reasonable actions to prevent the disclosure of such confidential information, including but not limited to moving for permission to make its initial filing under seal or filing a redacted version of its filing that omits such information.  The parties to the arbitration will share equally the administrative costs of such arbitration proceedings.  You agree to commence any arbitration proceeding with respect to these Terms within one year after the claim arises. You agree that a proceeding commenced after this date is barred.

If any provision of these Terms, or the application thereof to any person, entity or circumstances, is held invalid or unenforceable, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of these Terms shall remain unaffected and in full force and effect.  The failure of either party to insist upon strict performance of any provision of, or to exercise any right available under, these Terms shall not be construed as a waiver of any provision or right.  Unless expressly provided otherwise, these Terms are the entire agreement between you and Ditch the Space with respect to the use of the Site and Services and shall not be modified except in writing, signed by an authorized representative of Ditch the Space.  All representations, warranties and indemnification obligations made or undertaken by you will survive any cancellation or termination of your Account.

If you have any questions concerning these Terms, or the Site or Services, please contact us at [email protected]

  1. COPYRIGHT & TRADEMARK NOTICE

Use of Intellectual Property

The Site, Services, and all of its contents, including but not limited to text, photographs, graphics, video and audio material, software, Ditch the Space logos, titles, characters, names, and button icons (collectively “Intellectual Property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by Ditch the Space or by other parties that have provided rights thereto to Ditch the Space.

You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, or software obtained from or through the Site or Services, in whole or in part, without the express written permission of Ditch the Space.  Notwithstanding the foregoing, you may view, store, print, reproduce and distribute pages within the Site or Services solely for your personal or internal, non-commercial purposes, provided that (a) no such pages are modified, and (b) this page and any notice in such pages regarding use or ownership are included with such stored, reproduced or distributed pages.

Any trademarks, service marks, product names and company names or logos appearing in any part of the Site or Services that are owned by Ditch the Space, its affiliates, licensors, or suppliers may not be used without express permission from the respective owner.

Unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of the Site, or frame the Site, or any web page or material contained within the Site or Services, nor may any entity include a hyperlink to any aspect of the Site or Services in an email for commercial purposes, without the express written permission of Ditch the Space.

Copyright Infringement

Ditch the Space respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights.  By submitting any materials through the Site or Services you are granting permission to have such materials posted on the Site or via any other of the media channels used to provide the Services, and are representing that you are the rightful owner of the submitted materials, and that no one else may claim rights to these materials. Ditch the Space reserves the right to remove access to infringing material.  Such actions do not affect any other rights Ditch the Space may have under law or contract. You can find our procedures for providing notice of alleged copyright infringement below.

Procedure for Making Claim of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act (the “Notification”), to our Designated Agent, who can be reached as follows:

By mail:

DMCA Designated Agent

Ditch the Space LLC
P.O. Box 809
New York, NY 10150

By Email: [email protected]

Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification must include the following:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Ditch the Space to locate the material.

(iv) Information reasonably sufficient to permit Ditch the Space to contact the complaining party, such as an address, telephone number, and, if available, an email address.

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.

  1. Changes to these terms

Ditch the Space reserves the right, in its sole discretion, to change these Terms and/or the Additional Terms at any time.  Ditch the Space will endeavor to provide notice of any material change to these Terms on the Site or through other means, but whether or not it provides such notice, your continued use of the Site or Services constitutes your agreement to be bound by any changes to the Terms.  Please review these Terms and/or the Additional Terms periodically for changes.

© 2017 DITCH THE SPACE LLC | P.O. BOX 809, NEW YORK, NY 10150.        PRIVACY POLICY | TERMS OF USE | ADVERTISE