Terms of Use

• Ruby Lane Seller Agreement
• Ruby Lane Buyer Agreement
• Commitment to Fair Business Practices
• Assurance of Non-Conflict Of Interest

Ruby Lane Seller Agreement

Before you may register to become a Seller and access the services offered by Ruby Lane, Inc. ("we" or "Ruby Lane") on our Site www.rubylane.com (the "Site"), you must read and accept all of the General Terms and Conditions and other policies below, as amended from time to time (collectively, the "Agreement"). This Agreement is immediately effective for current Sellers and upon acceptance by new Sellers. As used herein, "Seller" shall mean any party who opens a shop on the Site, and "Buyer" shall mean any party who registers with the Site to shop online.

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General Terms and Conditions

1. Our Authority. We have the sole authority and discretion to operate and maintain the Site. Accordingly, we reserve the right to remove any item, picture, or posting from our Site at any time for any reason, without notice to any Seller. We are under no obligation to remove or change any item, picture, or posting from our Site at any Seller's request and any such requests shall be resolved at our sole discretion. We are not responsible for addressing any disputes between any Sellers or between Sellers and Buyers. In the event of a concern, claim or dispute, Sellers shall communicate directly with the other party in resolving such concern, claim or dispute. In the event we receive complaints from a Buyer about a Seller, we will investigate the complaint at our sole discretion and direct the Seller to respond to the Buyer directly. We reserve the right to refuse service to anyone, to reject any Seller membership applications, and to discontinue existing service at any time. We also reserve the right to close down any shop, or stop offering any of our services to any Seller, due to unprofessional conduct or practices, Buyer complaints, and other issues which we consider, at our sole discretion, to be disruptive to the business and reputation of our Site.

2. Seller Representations and Covenants. By using our services you represent to us that (a) you are not a minor under applicable laws and you have the authority to form legal contracts; (b) you have legal title to and ownership of the products and the content (including all intellectual property rights) that you feature on the Site; and (c) the information you have provided us during the registration process and thereafter, including all information relating to your items for sale, whether or not posted on the Site, is to the best of your knowledge complete, truthful and accurate. You also agree to:

• Deal with us and with Buyers in good faith, and refrain from offering any items that you have no intention to sell
• Honor the terms of sale and other transaction-related policies posted on the Site
• Refrain from any unruly, disruptive, unprofessional, or offensive conduct while using our Site, communicating with our personnel, or with any Buyer or Seller

You agree that you will not:

• Harass or interfere with the privacy of any Buyer, and post false, inaccurate, misleading, defamatory, or libelous content about any Seller, Buyer or Ruby Lane
• Utilize, copy, modify, distribute, or harvest content, including photographs, from the Site for use elsewhere without obtaining advance permission
• Engage in any disruptive technology-related practices such as spamming, hacking, improper harvesting and use of user information, or distributing viruses or any technology that may harm the Site or any Seller or Buyer
• Violate any laws, third party rights, or any of our policies posted on the Site.

We may, at our sole discretion, with immediate effect and without notice, terminate this Agreement, restrict or terminate your access to the Site and to any Buyer, upon your breach of any of the above representations and covenants.

3. Fees. By accessing our services, you agree to pay the fees as posted on our Site, currently a Maintenance Fee, Listing Fee, Advertising Fee and Setup Fee. Additional fees are imposed only if you have selected optional services. Please see below the section entitled "Charges and Fees" for a complete fee schedule.

4. Release of Claims. Our Site acts as the venue for Sellers to conduct sales and for Buyers to purchase Sellers' items. We are not involved in the actual transaction between Sellers and Buyers. In the event you have a dispute with another Seller or with a Buyer, you hereby release Ruby Lane (and our directors, officers, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

5. Intellectual Property Rights. This Agreement does not grant you any intellectual property rights in our trade name, trademarks, logos, the Site, and any content developed by us, which shall remain our intellectual property.

6. Content License. When you provide us with content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to exercise the copyright, publicity and database rights (but no other rights) you have in the content, in any media known now or in the future.

7. Termination. This Agreement is terminable at any time at our sole discretion without notice.

8. Limitation of Liability. You will not hold us responsible for the actions or inactions of any Buyer or any Seller on the Site. You acknowledge that we are not involved in the actual transaction between Sellers and Buyers and do not guarantee the ability of Sellers to sell the items, the ability of Buyers to pay for the items, or that a transaction would actually be consummated. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE OUR SITE AND SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fees you have paid to us in the prior twelve (12) months. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

9. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF OUR SITE AND SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. OUR SITE AND SERVICES ARE PROVIDED "AS IS" AND WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO OUR SITE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF OUR SITE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN OUR SITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY RUBY LANE OR A RUBY LANE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

10. Indemnification. You will indemnify and hold us (and our 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 your violation of any law or any rights of a third party.

11. No Agency. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.

12. Governing Law; Severability. This Agreement will be governed by and construed in accordance with the laws of the State of California, as applied to agreements entered into and to be performed entirely within California between California residents, without regard for conflict of laws principles. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this Agreement shall continue in full force and effect.

13. Venue. The parties agree that any claim or dispute that arises under this Agreement shall be resolved by a court located in San Francisco County, California, except as otherwise agreed by the parties. The parties agree to submit to the personal jurisdiction of the courts located within San Francisco County, California for the purpose of litigating all such claims or disputes.

14. Notices. Unless specifically provided otherwise, all notices under this Agreement shall be served to the email address you provide to us during your registration process and shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. We may at our option give you notice via ordinary first class U.S. mail to the address provided during the registration process, in which case notice shall be deemed given three (3) days after the date of mailing. Our address for notices is: Ruby Lane, Inc., 381 Bush Street #400, San Francisco, CA 94104, Attn: Legal Department.

15. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the use of our Site and services hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter, with the exception of any additional terms and conditions you are required to accept if you choose to use any of our additional services.

16. Additional Policies. In addition to this Agreement, we post our Site policies on the Site. Each of these policies may be changed from time to time. Changes take effect when we post them on the Site. When using particular services on the Site, you are subject to any posted policies or rules applicable to services you use through the Site, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement.

17. Amendments. We may amend this Agreement at any time at our sole discretion by posting the amendment(s) on our Site. You will be notified by e-mail of such amendment(s) on the date of such posting, and the amendment(s) shall automatically be effective 30 days after such posting.

18. Arbitration. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $20,000, the parties agree to appoint one (1) arbitrator which shall be based in San Francisco County, California, and to use the rules of an established Alternative Dispute Resolution provider such as the American Arbitration Association. The arbitrator and the parties shall comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The prevailing party shall be entitled to recover all fees and costs associated with such arbitration. All claims you bring against us must be resolved in accordance with this Section. All claims filed or brought contrary to this Section shall be considered improperly filed. Should you file a claim contrary to this Section, we are entitled to recover from you reasonable attorneys' fees and costs, provided that we have notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

19. Survival. The following sections shall survive the termination of this Agreement: Sections 2 through 18.

20. Headings. Headings are for reference purposes only and do not limit the extent or scope of the corresponding Section.

21. Waiver. The failure to act with respect to a breach by the other party or by others does not waive a party's right to act with respect to subsequent or similar breaches.

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Common Ruby Lane Shop Requirements

To provide Ruby Lane customers and shop owners with the highest quality of products and services, we require all shops to meet our quality standards:

• You must be registered on Ruby Lane with your full name, working email address, mailing address, and working phone number in your My Account section. This information is used by Ruby Lane, but not viewable to Buyers.
• Each item placed in your Ruby Lane shop must have a full text description and a quality photo that describes only the item. No keyword spamming, or using text unrelated to the item, is allowed.
• Each Lane (Antiques, Collectibles, etc.) has a minimum price limit. There is no maximum limit.
• You must keep at least 10 items in your shop at all times. There is no maximum limit.
• You must offer at least one Online method of payment in your shop, such as PayPal, or offer a Traditional method of payment of a credit card using your own merchant account.
• Items that cannot be legally sold or traded cannot be listed and if listed will be subject to immediate removal by Ruby Lane.
• Ruby Lane retains the right to decide whether an item is appropriate for display.
• Your Ruby Lane account must be in good standing at all times.
• Your shop must not have any unresolved customer complaint against it. Any complaint must be resolved in a timely manner.
• All items listed must be available for sale. Having unavailable merchandise listed in your shop is not acceptable and turns buyers away from all shops on Ruby Lane.
• If you are unsure if the items you wish to sell qualify, please inquire with Ruby Lane before setting up your shop. We do not want to turn someone down after they have spent a lot of time getting their shop ready.
• All items are subject to the Ruby Lane quality assurance program, or flagging system, where other Ruby Lane shop owners can flag your items for your review, and to random shop reviews by our Shop Review Team specialists.
• Bulk sales or "lots" in which a single listing contains multiples or groups of items must follow these guidelines:
  • The listing cannot contain more than 12 items.
  • Pieces that were originally manufactured by one company as part of a "set", such as cups, bowls and plates, can be listed together for a single sale price in excess of 12 items per listing.
  • In a "lot" sale each item must be of good quality and able to meet age specifications for the Lane in which it is listed.
  • So called, 'repair lot's' of broken or damaged items are disallowed.
  • All items included in a listing that is a "lot" sale must be closely related within a single collecting niche.
  • If a group of items is offered in a single listing as a "lot" sale, no item from it can be sold as a "choice" to the buyer from within that listing. Items available for individual purchase should be listed separately.
• Ruby Lane holds our shop owners to a very high, ethical, conduct of business. If a customer complains directly to us about a shop, we investigate the complaint, and direct the shop to resolve the complaint against them. If the complaint cannot be resolved in a timely manner, we may temporarily close the shop until the complaint is resolved. A second complaint is sufficient grounds for removing the shop from Ruby Lane. Ruby Lane also may close a shop for being rude or abusive to customers, dishonest, for unprofessional behavior, or if we feel that in our best judgement, leaving a shop open will cause future problems.

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Collectible Lane Requirements

In addition to the Common Requirements, we require Collectible items, ie those that begin with the word Collectibles in the category string, to meet these quality standards:

• Collectibles items must be true collectibles, at least 20 years old, of high quality, authentic, and not reproductions.

• Other items allowed: Items less than 20 years old may be listed in Collectibles if the item is dated in the listing (the year) and it falls into one of these groups:
  • The specific item is in a printed price guide and the name of the price guide in which the item can be found is provided in the listing.
  • The item is signed authentic memorabilia

• Specifically excluded items are:
  • items purchased or available in the past year from gift catalogs or retail stores.
  • items handmade within the last 20 years, even if the materials are old

  Additional Requirements for Articles of Collectible Clothing:

  • Listings for post-1945 manufactured clothing, shoes or accessories must include clearly readable images of the manufacturer's original labels.
  • If the manufacturer's original labels have been removed from a post-1945 garment, that item cannot be listed.
  • Clothing listings should disclose whether the item has or has not been cleaned.
  • Used or previously worn underwear or swimsuits cannot be listed.
• Minimum sale price for any Collectible item is $5 USD.

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Antique Lane Requirements

In addition to the Common Requirements, we require Antique items, ie those that begin with the word Antiques in the category string, to meet these quality standards:

• Antique items must be high quality pieces that are generally over 100 years old, but at least pre-WWII or 1945.
• If an item cannot be reliably dated to pre-1945, it must be listed in another Lane.
• The manufacturer's mark (where present) must be pictured and clearly readable in at least one photo.
• At least 75% of your Antique items must be priced at $100 USD or more. The remaining 25% of your Antique items must be at least $50 USD or more.

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Fine Art Lane Requirements

In addition to the Common Requirements, we require Fine Art items, ie those that begin with the word Fine Art in the category string, to meet these quality standards:

• Fine Art items must be high quality original, or numbered limited edition pieces of signed or authenticated art such as paintings, sculptures, drawings, photos, or ceramics. No reproductions are allowed.

• Specifically excluded items are:
  • copies of another artist's work whether done by hand or machine
  • commonly available, mass-produced prints
• Minimum sale price for any Fine Art item is $100 USD.

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Jewelry Lane Requirements

In addition to the Common Requirements, we require Jewelry items, ie those that begin with the word Jewelry in the category string, to meet these quality standards:

• Jewelry items must be jewelry pieces and meet the guidelines for either Antiques Lane or Collectibles Lane, or be Artisan pieces that are high quality, unique and handmade. For Artisan jewelry, the shop owner must be either the original artist, or have acquired the Artisan jewelry directly from the original, individual artist producing the item, who must be credited in any listing.
• All jewelry items must be listed in the Jewelry Lane. Examples of items that can be jewelry pieces: Necklaces, bracelets, anklets, earrings, brooches/pins, rings, charms, pendants/lockets, cuff links, hatpins, stickpins, dress clips, watches and watch fobs, multiple coordinating pieces originally manufactured to be matching sets, such as parures and demi-parures.
• Unless the front and back of a jewelry piece are identical, a clear photo of both the front and back must be provided in the listing.
• The manufacturer's mark (where present) must be illustrated and be clearly readable.

• Specifically excluded items are:
  • New pieces of jewelry in Jewelry:Antiques or Jewelry:Collectibles.
  • Commonly available, mass-produced jewelry.
  • Items intended for the adornment of inanimate objects or animals.
  • Bulk sales or "lots" in which a single listing contains groups of unmatched jewelry pieces.
  • Items that are not jewelry pieces. Examples: Hair sticks or combs, barrettes, pony tail holders; key rings; clothing buttons; book marks; cigarette cases, lanyards; eyeglass chains; compacts; purses and handbags; decorative zipper pulls; rosaries; trinket boxes, vanity or table top jewelry boxes, commercial presentation boxes originally sold with jewelry pieces that are empty of original contents.

• Specifically related to Artisan Jewelry:
  • Pieces should reflect a high level of inventiveness, originality and creativity in design.
  • Finished pieces must reflect a careful consideration of the design, materials, proportions and colors.
  • The artist's contribution must be at least 50% of the final product.
  • Jewelry pieces created with craft kits are disallowed; these are not original designs.
  • "Artist factory" jewelry is disallowed. An "artist factory" has many anonymous artists working assembly-line fashion to produce nearly identical pieces; an artisan making similar pieces of his/her own unique design is fine.

• At least 50% of your Jewelry items must be priced at $20 USD or more. The remaining 50% of your Jewelry items must be at least $5 USD or more.

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Charges and Fees
 

There are no hidden costs or long-term contracts

For example, after the one-time $75 setup fee has been paid, and the listing fees for stock added, for a shop with up to 50 items, the minimum monthly cost of maintaining a shop on Ruby Lane is $15 for the maintenance fee and $20 for advertising, or $35.

 

• Your Ruby Lane account is funded on a prepay basis, similar to the way most sellers sell their items online: you pay us first and then we provide services.
• Shops who choose to close permanently and who have at least $10 in their account may request and receive a refund of their credit balance, minus any pre-payment bonuses. Shops must make their refund request at the time of closing. For shops who close other than the last day of the month, maintenance fees and advertising fees will be pro-rated. Certain paid options such as Co-Op Advertising and Paid Featuring are non-refundable. Any non-refundable option will be clearly stated as such in advance. Shops will receive their refund 30 days from the time they request it, provided there are no unresolved transactions.

• All Ruby Lane shops must have sufficient funds available in their Ruby Lane account by the 1st of the month to pay the fees due for the new month and click charges, if any, incurred in the prior month. Use the Projected Account Summary shown under Accounting, Current Balance at any time during the month to get an idea of how much you will need to have in your account by the 1st.
• Your Ruby Lane account must be funded ahead of time with an automated service like PayPal or by mailing your check or money order. PayPal payments are preferred and are credited to your account instantly in most cases. Keep in mind that it does take time to setup a new PayPal account, so plan accordingly.

  IMPORTANT: if you choose to mail paper payments such as checks or money orders, you must mail them by the 15th of the month to be credited to your account by the 1st, and your Ruby Lane account number is required on the check. It is not realistic to expect that we can manually process checks received on the last day of the month before statements are emailed the following day.

• Deposits need to be at least $10. This keeps our overhead low, and also allows you to maintain a small balance in your account so you can add items to your shop. If you pay the exact amount owed, you won't be able to add items as there is no balance in your account and you end up having to make yet another deposit. Physical mail also takes more time and effort to handle, so please keep this in mind before sending very small paper payments.
• Statements are issued and fees are deducted (when applicable) from your Ruby Lane account on the 1st of each month. This is the only email notice you receive from us regarding payment.
• If there are insufficient funds in your Ruby Lane account on the 1st of the month:

  - your account balance will go negative
  - your statement on the 1st will indicate that payment is overdue
  - you cannot add new items while your balance is negative
  - we extend a 15-day grace period to deposit sufficient funds
  - we must receive check or money order payments by the 10th to ensure they are credited to your account by the 15th.
  - we may try to contact you by phone if time permits
  - the grace period cannot be extended past the 15 days we offer

• If there are still insufficient funds in your Ruby Lane account on the 16th of the month:

  - your shop and all linked shops are placed in preview (not open to the public)
  - a $25 late / re-open fee is added to your account
  - you lose your Charter Shop status and accumulated points
  - if you have been placed in preview for insufficient funds more than twice in the last year, your shop and all linked shops(s) will be deleted after you have cleared all outstanding transactions. This may sound harsh, but if you cannot manage your Ruby Lane payments, then it is likely that transactions with your customers are problematic as well and we want to avoid complaints from buyers
  - an email will be sent stating that your shop has been placed in preview or deleted

  Regarding the $25 late / re-open fee, some may feel that is excessive, so let us explain. When a shop is put in preview because of insufficient funds, there are usually several emails exchanged explaining why payment was not made, asking how/why Charter Shop status is affected, requesting adjustment or reinstatement of Charter Shop status and points, and so on. This is a significant drain on Ruby Lane's Customer Service resources that is not completely covered even by the $25 fee.

  Please understand that this procedure is completely automated so exceptions cannot be handled under any circumstances. It is your responsibility to ensure that sufficient funds are in your Ruby Lane account on the 1st. Shops that wait until the last minute to make payments run the risk of being put into preview because of potential mail delays, technical glitches, or other unforeseen circumstances.

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Ruby Lane provides many programs to lower your fees.

 

 

 

Ruby Lane Buyer Agreement

Before you may register as a buyer to shop on our Site www.rubylane.com (the "Site"), you must read and accept all of the General Terms and Conditions and other policies below, as amended from time to time (collectively, the "Agreement"). This Agreement is immediately effective for current Buyers and upon acceptance by new Buyers. As used herein, "Seller" shall mean any party who opens a shop on the Site, and "Buyer" shall mean any party who registers with the Site to shop online.

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General Terms and Conditions

1. Our Authority. We have the sole authority and discretion to operate and maintain the Site. Accordingly, we reserve the right to remove any item, picture, or posting from our Site at any time for any reason, without notice to any Buyer. We are under no obligation to remove or change any item, picture, or posting from our Site at any Buyer's request and any such requests shall be resolved at our sole discretion. We are not responsible for addressing any disputes between any Buyers or between Buyers and Sellers. In the event of a concern, claim or dispute, Buyers shall communicate directly with the other party in resolving such concern, claim or dispute. In the event we receive complaints about a Buyer, we will investigate the complaint at our sole discretion and direct the Buyer to respond to the other party directly. We reserve the right to refuse service to anyone, to reject any Buyer membership applications, and to discontinue existing service at any time. We also reserve the right to assist Sellers in blocking any Buyer from purchasing items from Seller's shop, to cancel Buyer's membership and deny access to our Site of any Buyer, due to Buyer's unprofessional conduct or practices, Seller complaints, and other reasons which we consider, at our sole discretion, to be disruptive to the business and reputation of our Site.

2. Buyer Representations and Covenants. By using our services you represent to us that (a) you are not a minor under applicable laws and you have the authority to form legal contracts; (b) the information you have provided us during the registration process and thereafter is to the best of your knowledge complete, truthful and accurate. By continuing to access the Site, you also agree that you will:

• Deal with each Seller in good faith, and refrain from contracting (via completing a Purchase Order) with any Seller for items that you have no intention to purchase
• Abide by the payment terms, terms of sale, and other transaction-related policies of the Site and of each Seller
• Promptly pay any monies that are owed by you to any Seller, especially after taking possession of an item.

You agree that you will not:

• Interfere with the business of any Seller, or post false, inaccurate, misleading, defamatory, or libelous content about any Seller, Buyer or Ruby Lane
• Utilize, copy, modify, distribute, or harvest content, including photographs, from the Site for use elsewhere without obtaining advance permission
• Engage in any disruptive technology-related practices such as spamming, hacking, improper harvesting and use of user information, or distributing viruses or any technology that may harm the Site or any Seller or Buyer
• Engage in any unruly, disruptive, unprofessional, or offensive conduct while using our Site, communicating with our personnel, or with any Seller or Buyer
• Violate any laws, third party rights, or any of our policies posted on the Site.

We may, at our sole discretion, with immediate effect and without notice, terminate this Agreement, restrict or terminate your access to the Site and to any Seller, upon your breach of any of the above representations and covenants.

3. Release of Claims. Our Site acts as the venue for Sellers to conduct sales and for Buyers to purchase Seller's items. We are not involved in the actual transaction between Buyers and Sellers. In the event you have a dispute with another Buyer or with a Seller, you hereby release Ruby Lane (and our directors, officers, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

4. Intellectual Property Rights. This Agreement does not grant you any intellectual property rights in our trade name, trademarks, logos, the Site, and any content developed by us, which shall remain our intellectual property.

5. Content License. When you provide us with content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to exercise the copyright, publicity and database rights (but no other rights) you have in the content, in any media known now or in the future.

6. Termination. This Agreement is terminable at any time at our sole discretion without notice.

7. Limitation of Liability. You will not hold us responsible for the actions or inactions of any Buyer or any Seller on the Site. You acknowledge that we are not involved in the actual transaction between Buyers and Sellers and that we have no control over and do not guarantee the quality, safety, authenticity, value, or legality of the items advertised on the Site by Sellers, the ability of the Sellers to sell the items, the ability of Buyers to pay for the items, or that a transaction would actually be consummated. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE OUR SITE AND SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the purchase price you have paid Seller for the item(s) in dispute. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

8. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF OUR SITE AND SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. OUR SITE AND SERVICES ARE PROVIDED "AS IS" AND WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO OUR SITE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF OUR SITE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN OUR SITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY RUBY LANE OR A RUBY LANE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. WE DO NOT PROVIDE ANY WARRANTIES OR GUARANTEES OF ANY KIND WITH RESPECT TO ANY ITEMS YOU PURCHASE FROM ANY SELLER, AND EXCEPT AS STATED IN OUR RETURN POLICY ON THE SITE, WE DO NOT PROVIDE ANY REMEDIES TO ANY BUYERS WITH RESPECT TO ANY SUCH ITEM.

9. Indemnification. You will indemnify and hold us (and our 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 your violation of any law or any rights of a third party.

10. No Agency. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.

11. Governing Law; Severability. This Agreement will be governed by and construed in accordance with the laws of the State of California, as applied to agreements entered into and to be performed entirely within California between California residents, without regard for conflict of laws principles. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this Agreement shall continue in full force and effect.

12. Venue. The parties agree that any claim or dispute that arises under this Agreement shall be resolved by a court located in San Francisco County, California, except as otherwise agreed by the parties. The parties agree to submit to the personal jurisdiction of the courts located within San Francisco County, California for the purpose of litigating all such claims or disputes.

13. Notices. Unless specifically provided otherwise, all notices under this Agreement shall be served to the email address you provide to us during your registration process and shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. We may at our option give you notice via ordinary first class U.S. mail to the address provided during the registration process, in which case notice shall be deemed given three (3) days after the date of mailing. Our address for notices is: Ruby Lane, Inc., 381 Bush Street #400, San Francisco, CA 94104, Attn: Legal Department.

14. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the use of our Site and services hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter, with the exception of any additional terms and conditions you are required to accept if you choose to use any of our additional services.

15. Additional Policies. In addition to this Agreement, we post our Site policies on the Site. Each of these policies may be changed from time to time. Changes take effect when we post them on the Site. When using particular services on the Site, you are subject to any posted policies or rules applicable to services you use through the Site, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement.

16. Amendments. We may amend this Agreement at any time at our sole discretion by posting the amendment(s) on our Site. You will be notified by e-mail of such amendment(s) on the date of such posting, and the amendment(s) shall automatically be effective 30 days after such posting.

17. Arbitration. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $20,000, the parties agree to appoint one (1) arbitrator which shall be based in San Francisco County, California, and to use the rules of an established Alternative Dispute Resolution provider such as the American Arbitration Association. The arbitrator and the parties shall comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The prevailing party shall be entitled to recover all fees and costs associated with such arbitration. All claims you bring against us must be resolved in accordance with this Section. All claims filed or brought contrary to this Section shall be considered improperly filed. Should you file a claim contrary to this Section, we are entitled to recover from you reasonable attorneys' fees and costs, provided that we have notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

18. Survival. The following sections shall survive the termination of this Agreement: Sections 2 through 18.

19. Headings. Headings are for reference purposes only and do not limit the extent or scope of the corresponding Section.

20. Waiver. The failure to act with respect to a breach by the other party or by others does not waive a party's right to act with respect to subsequent or similar breaches.

 
 

Commitment to Fair Business Practices

Ruby Lane considers it important to have the trust and respect of the online community. Ruby Lane is committed to practicing the highest possible ethical standards of integrity, fairness, professionalism and non-discrimination when conducting all business activities.

 
 

Assurance of Non-Conflict Of Interest

In order to serve the Ruby Lane community of both buyers and sellers, Ruby Lane feels that their staff must understand it well. Some members of the Ruby Lane staff, including its Customer Service team, currently, or have previously maintained shops on the Ruby Lane site. It is Ruby Lane's policy that its officers and staff, acting on its behalf have the obligation to avoid ethical, legal, financial, or other conflicts of interest and to ensure that their activities and interests do not conflict with their obligation to the company or to its welfare. At no time are Ruby Lane staff members given special consideration of any type in managing, promoting or maintaining their shops.