|TERMS OF SERVICE
(Rev. 01, Effective 30 Mar. 2012)
These terms of service may change from time to time; you are responsible for reviewing these terms of service periodically for any changes.
eBay On Location and the associated website (the “Site”) are owned and operated by eBay Inc.
1. Acceptance of the Terms of Service. By visiting or using this Site, you are expressly agreeing to and accepting these terms of service (the “Terms of Service”). As used in these Terms of Service, “eBay” means eBay Inc., including all affiliates and subsidiaries and their successors and assigns. If you do not agree to these Terms of Service, please do not use this Site. This Site and eBay On Location are intended for users 18 or older. If you are under 18 years of age, please do not use this Site or register for eBay On Location.
2. Newsletter Subscription. If you agreed to sign up for the eBay On Location Newsletter, you also accept these Terms of Service and explicitly authorize eBay to send you communications by email, including but not limited to the eBay On Location Newsletter, which will contain a link allowing you to unsubscribe at any time. All content in the eBay On Location Newsletter is governed by these Terms of Service.
(a) “Share Functionality” and Third Party Websites. This Site utilizes social networking “share functionality” and may also contain links to third party websites, blogs, or RSS feeds that are not owned or controlled by eBay. eBay has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any social networking service provider or any third party website. By using this Site, you expressly relieve eBay from any and all liability arising from your use of any social networking functionality or any third-party website accessed from this Site.
(b) Linking Policy. eBay welcomes you to add this Site to your website or blog, provided that: (i) you don’t misrepresent any relationship between you and eBay or eBay On Location, or imply that eBay endorses or approves of your website or blog; and (ii) your website or blog is consistent with these Terms of Service.
4. Content and Trademarks
(a) eBay On Location. eBay owns or is the licensee or lawful user of the content contained in eBay On Location including (i) the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (individually and collectively, “Content”) and (ii) the trademarks, service marks and logos contained therein (”Marks”). The Content and Marks are provided to you “as-is” for personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
(b) Social Networking Content. Some content from social networking functionality may be made available to you for your information and personal use when using this Site. Such content is made available “as is,” and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of this Site, or as otherwise prohibited under these Terms of Service. eBay is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to any social networking content. eBay does not endorse any social networking content or any opinion, recommendation, or advice expressed therein, and eBay expressly disclaims any and all liability in connection with such content. Further, you may be exposed to social networking content that is inaccurate, offensive, indecent, or objectionable, and you expressly waive any legal or equitable rights or remedies you have or may have against eBay and will indemnify and hold eBay, its affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of eBay On Location.
5. Grant of Rights and Ownership. eBay grants you permission to access, use and link to eBay On Location for your personal use solely as intended through the provided functionality of eBay On Location, and only in accordance with these Terms of Service. eBay retains all ownership rights in the eBay name, trademarks, and logos (collectively, “eBay Marks”), eBay On Location, and all related intellectual property rights. eBay further grants you a limited, revocable, worldwide, non-exclusive, non-sub licensable, and non-transferrable license to use the eBay Marks to link to this Site. Any other use of the eBay Marks or any eBay intellectual property is prohibited. eBay reserves all rights not expressly granted to you herein.
6. Representations and Warranties. You represent and warrant that:
(a) you will not use, copy, or distribute in any medium any part of this Site without eBay’s prior written authorization;
(b) you will not alter or modify any part of this Site nor circumvent, disable or otherwise interfere with security, copy-protection, or use-restriction features of the Site;
(c) access the Site through any technology or means other than as explicitly authorized by eBay (e.g. via any automated system, including without limitation, “robots” or “spiders”);
(d) you will not use the Site or “share functionality” for any commercial use, without the prior written authorization of eBay. Prohibited commercial uses include selling access to this Site on another website, using this Site for primarily gaining advertising or subscription revenue, or soliciting users of the Site for commercial purposes; and
(e) you will not collect any personally identifiable information from the Site.
7. DISCLAIMER. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, EBAY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS SITE AND YOUR USE THEREOF. EBAY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE. EBAY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE (OF ANY NATURE) RESULTING FROM YOUR USE OF THIS SITE, (C) UNAUTHORIZED ACCESS TO OUR SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN, (D) INTERRUPTION OF THE SITE, (E) BUGS, VIRUSES, OR SIMILAR CODE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, OR (F) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE IN ANY MANNER VIA THIS SITE. EBAY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THIS SITE. EBAY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY INTERACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDER OF PRODUCTS OR SERVICES.
8. LIMITATION OF LIABILITY. IN NO EVENT WILL EBAY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (A) CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE (OF ANY NATURE) RESULTING FROM YOUR USE OF THIS SITE, (C) UNAUTHORIZED ACCESS TO OUR SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN, (D) INTERRUPTION OF THIS SITE, (E) BUGS, VIRUSES, OR SIMILAR CODE WHICH MAY BE TRANSMITTED TO OR THROUGH THIS SITE BY ANY THIRD PARTY, OR (F) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE IN ANY MANNER VIA THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EBAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EBAY’S CUMULATIVE LIABILITY UNDER ANY LEGAL THEORY SHALL NOT EXCEED $100.
9. Indemnity. You will defend, indemnify and hold harmless eBay, its affiliates and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access this Site; (b) your violation of any term of these Terms of Service; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim that your use of this Site caused damage to a third party. Your indemnity obligation survives these Terms of Service or your use of this Site.
10. Assignment. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by eBay without restriction at any time.
11. Miscellaneous. eBay reserves the right to discontinue eBay On Location, this Site, or any aspect thereof at any time. This Site is based in California and is a passive website that does not give rise to personal jurisdiction over eBay, either specific or general, in jurisdictions other than California. eBay makes no representations that this Site is appropriate or available for use in locations other than the United States. Those who access or use this Site from other jurisdictions are responsible for compliance with their local laws. These Terms of Service are governed by the laws of the United States of America and the State of California, without respect to its conflict of laws principles. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO EBAY ON LOCATION MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
These Terms of Service and any other legal notices published by eBay on the Site constitute the entire agreement between you and eBay concerning your use of this Site. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms of Service, which remain in full force and effect. No waiver of any term of these Terms of Service is a further or continuing waiver of such term or any other term, and eBay’s failure to assert any right or provision under these Terms of Service does not constitute a waiver of such right or provision. Nothing herein constitutes an employment, joint venture, or partnership relationship between you and eBay. You are not the agent or authorized to act as the agent of eBay in any respect. eBay reserves the right to amend these Terms of Service at any time and any changes to these Terms of Service will be effective thirty (30) days after the date they are posted. You are responsible for reviewing these Terms of Service from time-to-time for any changes. Your use of this Site following any amendment of these Terms of Service will signify your acceptance of its revised terms.