The Record Ranch

The Record Ranch Terms of Use

By using therecordranch.com web site ("The Record Ranch" or the “Site”), you (the “user” or “you”) agree to be bound by the following terms and conditions (the “Terms of Use” or the "Agreement"), including those available by hyperlink. If you have any questions, please refer to the Help section of the Site.

Before you may become a member of The Record Ranch, you must read and accept all the terms and conditions in, and linked to, the Agreement. The Agreement is effective on September 9, 2008 for all users.

1. The Record Ranch is a Venue, not a Vendor

The Record Ranch acts as a venue to allow users who comply with The Record Ranch’s policies to offer, sell, and buy products within an auction or fixed price format. The Record Ranch is not directly involved in the transaction between buyers and sellers. As a result, The Record Ranch has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. The Record Ranch does not pre-screen users or the content or information provided by users. The Record Ranch cannot ensure that a buyer or seller will actually complete a transaction.

Consequently, The Record Ranch does not transfer legal ownership of items from the seller to the buyer. The Record Ranch cannot guarantee the true identity, age, and nationality of a user. The Record Ranch encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third party escrow service or services that provide additional user verification.

You agree that The Record Ranch is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on The Record Ranch. You use the The Record Ranch service at your own risk.

2. Membership Eligibility

Age: The Record Ranch's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities.

Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by The Record Ranch’s policies as stated in the Agreement and these The Record Ranch policy pages:

The Record Ranch Code Of Conduct
Fees Policy
Privacy Policy

Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify The Record Ranch of any unauthorized use of your password or any breach of security. You also agree that The Record Ranch cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.

Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address.

Account Transfer: You may not transfer or sell your The Record Ranch account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

Right to Refuse Service: The Record Ranch's services are not available to temporarily or indefinitely suspended The Record Ranch members. The Record Ranch reserves the right, in The Record Ranch’s sole discretion, to cancel unconfirmed or inactive accounts. The Record Ranch reserves the right to refuse service to anyone, for any reason, at any time.

3. Fees and Services

Joining and setting up a store on The Record Ranch is free. The Record Ranch charges a percentage of the sale price when the item sells. Listing upgrades are available for additional fees. When you list an item you have an opportunity to review and accept the fees that you will be charged. The Record Ranch's Fees Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for The Record Ranch’s services are effective after The Record Ranch provides you with at least fourteen (14) days' notice by posting the changes on the Site. However, The Record Ranch may choose to temporarily change the Fees Policy and the fees for The Record Ranch's services for promotional events; such changes are effective when The Record Ranch posts the temporary promotional event on the Site. The Record Ranch may, at The Record Ranch's sole discretion, change some or all of The Record Ranch's services at any time. In the event The Record Ranch introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).

You are responsible for paying all fees associated with using The Record Ranch. At the beginning of the month, each seller is emailed an invoice detailing the amount due. A seller must pay the amount due in full within 15 days of the date of the invoice. If the seller's account is not paid in full, the seller risks penalties such as the suspension of privileges and/or termination of the account.

Fees and Termination: If The Record Ranch terminates your account, if you close your account, or if the payment of your The Record Ranch fees cannot be completed for any reason, you remain obligated to pay The Record Ranch for all unpaid fees plus any penalties, if applicable. If you have a question or wish to dispute a charge, contact The Record Ranch.

4. Listing and Selling

Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with The Record Ranch’s policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your The Record Ranch store. Your listings may only include text descriptions, graphics, pictures, audio/video and other content relevant to the sale of that item. All items must be listed in an appropriate category. Each listing must accurately and completely describe the item/items for sale in that listing.

Store Policies: All sellers are urged to outline store policies for their The Record Ranch store. These policies may include, for example: shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All store policies must comply with The Record Ranch’s site-wide policies. Sellers are responsible for enforcing their own reasonable store policies. The Record Ranch reserves the right to request that a seller modify a store policy.

Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller’s listing (such as the buyer living in a country where the seller does not ship to), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.

Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding The Record Ranch transaction fees, misrepresent the item’s location, or use another user’s account without permission.

5. Prohibited, Questionable and Infringing Items and Activities

You are solely responsible for your conduct and activities on and regarding to The Record Ranch and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on The Record Ranch.

Restricted Activities: Your Content and your use of The Record Ranch shall not:

•Be false, inaccurate or misleading
•Be fraudulent or involve the sale of illegal, counterfeit or stolen items
•Infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
•Violate this Agreement, The Record Ranch Code Of Conduct, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
•Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall
•Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including The Record Ranch staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
•Be obscene or contain child pornography
•Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
•Host images not part of a listing
•Modify, adapt or hack The Record Ranch or modify another website so as to falsely imply that it is associated with The Record Ranch;
•Appear to create liability for The Record Ranch or cause The Record Ranch to lose (in whole or in part) the services of The Record Ranch’s ISPs or other suppliers
•Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, The Record Ranch Code Of Conduct, or other policy documents as posted on The Record Ranch.
•Furthermore, you may not list any item on The Record Ranch (or consummate any transaction that was initiated using The Record Ranch’s service) that, by paying to The Record Ranch the listing fee or the final value fee, could cause The Record Ranch to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

6. Content

License: The Record Ranch does not claim ownership rights in your Content. You grant The Record Ranch a license solely to enable The Record Ranch to use any information or Content you supply The Record Ranch with, so that The Record Ranch is not violating any rights you might have in that Content. You grant The Record Ranch a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow The Record Ranch to store or re-format your Content on The Record Ranch and display your Content on The Record Ranch in any way as The Record Ranch chooses. The Record Ranch will only use personal information in accordance with The Record Ranch's Privacy Policy.

As part of a transaction, you may obtain personal information, including email address and shipping information, from another The Record Ranch user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for The Record Ranch-related communications. The Record Ranch has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any The Record Ranch user to your email or physical mail list. For more information, see The Record Ranch’s Privacy Policy.

Re-Posting Content: By posting Content on The Record Ranch, it is possible for an outside website or a third party to re-post that Content. You agree to hold The Record Ranch harmless for any dispute concerning this use. If you choose to display your own The Record Ranch-hosted image on another website, the image must provide a link back to its listing page on The Record Ranch.

7. Information Control

The Record Ranch does not control the Content provided by users that is made available on The Record Ranch. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.

Additionally, there may also be risks dealing with international trade and foreign nationals. By using The Record Ranch, you agree to accept such risks and that The Record Ranch (and The Record Ranch’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on The Record Ranch. Please use caution, common sense, and practice safe buying and selling when using The Record Ranch.

Other Resources: The Record Ranch is not responsible for the availability of outside websites or resources linked to or referenced on the Site. The Record Ranch does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that The Record Ranch shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.

8. Resolution of Disputes and Release

In the event a dispute arises between you and The Record Ranch, please contact The Record Ranch.

Should you have a dispute with one or more users, or an outside party, you release The Record Ranch (and The Record Ranch's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. The Record Ranch encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.

The Record Ranch, for the benefit of users, may try to help users resolve disputes. The Record Ranch does so in The Record Ranch’s sole discretion, and The Record Ranch has no obligation to resolve disputes between users or between users and outside parties. To the extent that The Record Ranch attempts to resolve a dispute, The Record Ranch will do so in good faith based solely on The Record Ranch’s policies. The Record Ranch will not make judgments regarding legal issues or claims.

9. The Record Ranch's Intellectual Property

THE RECORD RANCH, and other The Record Ranch graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of The Record Ranch, Inc. in the U.S. and/or other countries. The Record Ranch's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

10. Access and Interference

The Record Ranch may contain robot exclusion headers which contain internal rules for software usage. Much of the information on The Record Ranch is updated on a real-time basis and is proprietary or is licensed to The Record Ranch by The Record Ranch's users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access The Record Ranch for any purpose without The Record Ranch’s prior express written permission. Additionally, you agree that you will not:

Take any action that imposes, or may impose, in The Record Ranch’s sole discretion, an unreasonable or disproportionately large load on The Record Ranch’s infrastructure
Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content, or other allowed uses as set out in The Record Ranch Code Of Conduct from the Site without the prior expressed written permission of The Record Ranch and the appropriate third party, as applicable
Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
Bypass The Record Ranch’s robot exclusion headers or other measures The Record Ranch may use to prevent or restrict access to The Record Ranch

11. Breach

Without limiting any other remedies, The Record Ranch may, without notice, and without refunding any fees, delay or immediately remove Content, warn The Record Ranch’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 the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:

The Record Ranch suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Policy, The Record Ranch Codr Of Conduct, or other policy documents and community guidelines incorporated herein; The Record Ranch is unable to verify or authenticate any of your personal information or Content; Or The Record Ranch believes that a user is acting inconsistently with the letter or spirit of The Record Ranch’s policies, has engaged in improper or fraudulent activity in connection with The Record Ranch or the actions may cause legal liability or financial loss to The Record Ranch's users or to The Record Ranch.

12. Privacy

Except as provided in The Record Ranch’s Privacy Policy The Record Ranch will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. The Record Ranch stores and processes Content on computers located in the United States that are protected by physical as well as technological security.

13. No Warranty

THE RECORD RANCH, THE RECORD RANCH'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND THE RECORD RANCH'S SUPPLIERS PROVIDE THE RECORD RANCH'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. THE RECORD RANCH, THE RECORD RANCH'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND THE RECORD RANCH'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM THE RECORD RANCH 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.

14. Liability Limit

IN NO EVENT SHALL THE RECORD RANCH, AND (AS APPLICABLE) THE RECORD RANCH'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR THE RECORD RANCH'S 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 THE SITE, THE RECORD RANCH’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

THE RECORD RANCH'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF THE RECORD RANCH'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO THE RECORD RANCH IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $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.

15. Indemnity

YOU AGREE TO INDEMNIFY AND HOLD THE RECORD RANCH AND (AS APPLICABLE) THE RECORD RANCH'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

16. No Guaranty

The Record Ranch does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside The Record Ranch’s control.

17. Legal Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of The Record Ranch’s service and your listing, purchase, solicitation of offers to purchase, and sale of items.

18. Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

19. No Agency

You and The Record Ranch are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

20. The Record Ranch Service

The Record Ranch reserves the right to modify or terminate the The Record Ranch service for any reason, without notice, at any time. The Record Ranch reserves the right to alter these Terms of Use or other Site policies at any time. If the alterations constitute a material change to the Terms of Use, The Record Ranch will notify you via email to the email address in your account. What constitutes a "material change" will be determined at The Record Ranch's sole discretion, in good faith, and using common sense and reasonable judgment.

21. Choice of Law

This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Oregon and disputes arising under this Agreement will be adjudicated by the courts of the State of Oregon.

22. Survival

Sections 3 (Fees and Services, Fees and Termination), 6 (Content, License), 7 (Information Control), 8 (Resolution of Dispute and Release), 9 (The Record Ranch’s Intellectual Property), 10 (Access and Interference), 11 (Breach), 12 (Privacy), 13 (No Warranty), 14 (Liability Limit), 15 (Indemnity), 16 (No Guaranty), 18 (Severability), 19 (No Agency), 21 (Choice of Law) shall survive any termination or expiration of this Agreement.

23. Notices

Except as explicitly stated otherwise, any notices shall be given by postal mail to The Record Ranch, 847 NE Holland St., Portland, OR 97211 (in the case of The Record Ranch) or, in your case, to the email address you provide to The Record Ranch (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, The Record Ranch may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to The Record Ranch. In such case, notice shall be deemed given three days after the date of mailing.

For issues with intellectual property, please provide the notice as specified in The Record Ranch’s Copyright and Intellectual Property Policy.

24. Disclosures

The services hereunder are offered by The Record Ranch, 847 NE Holland St., Portland, OR 97211. If you are an Oregon resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.