Please read the following terms and conditions of this agreement with The Record Shelf (“TRS”) carefully. By registering an account at The Record Shelf website ("TRS Website") you are agreeing to be bound by the terms and conditions of this agreement, even if you have not read them. This document contains provisions that may limit your rights, such as the section entitled Limitations.
User Responsibilities
Users are responsible for all activities they conduct while using the TRS Website, and for all services provided by or to users. You will not use the TRS Website for purposes proscribed by TRS from time to time, including without limitation: illegal or inappropriate purposes; spamming; perpetration of security breaches; hacking; privacy breaches; fraudulent activity; distribution of viruses or other harmful code; transmission, distribution or storage of any material protected by copyright, trademark, trade secret or other intellectual property right without proper authorization or rights, or material that is infringing, obscene, defamatory, fraudulent, untruthful, disrespectful, discriminatory, or abusive; any unauthorized access, alteration, theft, corruption or destruction of files, data, transmission facilities or equipment; or to interfere with any other person’s use and enjoyment of the TRS Website. If you are posting content and information in areas of the TRS website that are accessible to the public, keep in mind that anyone can see it, whether they are registered with the TRS Website or not.
By submitting material to TRS, you are representing that you are the owner of the material or are making your submission with the express consent of the owner. Submitting material that is the property of another, without the consent of its owner, is not only a violation of this Agreement but may also subject you to legal liability for copyright, trademark or other intellectual property infringement.
TRS does routinely monitor all material placed on the TRS Website, but may in its discretion delete or modify any material offending this agreement that comes to its attention. TRS is not responsible for and does not endorse anything users post on the TRS Website.
TRS acquires no ownership interest in anything you post on the TRS Website. By participating in the discussion forums, you consent to TRS to use and display for the purposes of the TRS Website, and any related uses or promotion, anything you post on publicly accessible areas of the Website at no cost to TRS.
Infringing content
If you believe that anything posted on the Website offends your copyright or other intellectual property rights, is defamatory, or otherwise infringes your rights, you may email TRS at the email address at the bottom hereof. We will take actions we believe are appropriate in the circumstances.
Usernames and Passwords
Use of the Website requires a username and password. It is your responsibility to protect that information, including without limitation, to use effective passwords that are not easily guessed or discoverable, and keep usernames and passwords confidential. You are responsible for any activity that occurs under your username. You will advise TRS immediately if you discover any compromise of your passwords or suspect unauthorized use of The Record Shelf website using your identity.
Limitations
TRS has no responsibility of any kind for the services, actions, or inactions of users (whether they are service providers or consumers) other than as explicitly stated in this agreement. TRS has no responsibility of any kind for anything users may or may not do, or for any physical, monetary, or other injury that a user may incur in any way.
All promises made by TRS are contained in this agreement. No promises implied by law (whether described as warranties, conditions, representations, or otherwise, and whether relating to merchantability, fitness, non-infringement, or otherwise) apply.
You cannot collect any damages from TRS for any reason (whether under legal theories of contract, tort, negligence, strict liability, operation of law or otherwise) no matter whether they are characterized as direct damages or otherwise.
TRS is not acting as any kind of guarantor or warranty provider for any services performed by users. The TRS relies on these limitations when entering this agreement and setting its fees. They are a fundamental and essential part of our arrangement and apply even if this agreement has failed in its fundamental or essential purpose or been fundamentally breached.
Indemnification
Users will indemnify and hold harmless TRS and any affiliates and their respective officers, directors, agents, employees, and volunteers, from any claims made by any third party, together with any amounts payable to the third party whether in settlement or as may otherwise be awarded, and reasonable legal costs, arising from or relating to your use of the Website, any alleged violation by you of the applicable terms, and any alleged violation by you of any applicable law or regulation. TRS may, at our own expense, assume the exclusive defence and control of any matter subject to indemnification by a user, but doing so will not excuse your indemnity obligations.
Governing Law
TRS is governed by the laws of the Province of Ontario excluding any conflicts of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods. Any legal action against TRS shall take place in the courts of Ontario. The parties attorn to the non-exclusive jurisdiction of the courts of Ontario.
Privacy
Please see our Privacy Policy.
Sale Details
Goods and services performed by or sold between users are transacted outside of the Website without any involvement by TRS.
Changes To These Terms
In the rare occasion that these terms may change, TRS will be posting a notice on the Website for all users to see stating that the terms have changed.
Contact The Record Shelf
For any questions, concerns or inquiries, please use the contact form.