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HomeDesktop and mobile toolseBay App for Windows 8 eBay Application Privacy Policy and Terms of Use

EBAY APPLICATION PRIVACY POLICY & TERMS OF USE – UNITED STATES

Revision Date: October 11, 2012

Last Modified: ---

This Application and Application Privacy Policy & Terms of Use © 2010 - 2012 eBay Inc.

By using this eBay Application and related Widgets (if any) (collectively, the “Application”) you agree to be bound by this eBay Application Privacy Policy and Terms of Use. Certain features of this Application may require you to be an eBay member or provide personal information. Your use of these features and this Application is also subject to the Privacy Policy, User Agreement, and other agreements applicable to you at www.ebay.com.

APPLICATION PRIVACY POLICY

This Application Privacy Policy describes how this Application collects, uses and protects your information.

Data Collection and Use. We may collect and store some or all of the following, for the purpose of providing you a mobile eBay user experience:

We and our Service Providers use this information to operate and improve our eBay applications, sites, services, and tools.

This Application may utilize social networking or “share functionality” or may contain links to third party sites that are not owned or controlled by eBay. eBay has no control over, and assumes no responsibility for, any share functionality or the content, privacy policies, or practices of any third party site. You are subject to the policies of those third parties when and where applicable. By using this Application, you expressly relieve eBay from any and all liability arising from your use of any share functionality or third-party site accessed from this Application.

Sharing Information. We may share the information we collect with members of the eBay corporate family to provide joint content and services (like registration, transactions and customer support), to help detect and prevent potentially illegal acts and violations of our policies, and to guide decisions about their products, services and communications. Members of our corporate family will use this information to send you marketing communications only if you’ve requested their services. This Application may use third parties to provide parts of our services as well as to provide analytical data about your use of the Application back to us. We may deploy devices such as cookies that enable those third parties to anonymously collect and aggregate usage data and report it back to us. Third parties that we contract with to help provide our services cannot use your personal information for their own purposes without your explicit consent.

If you have more than one eBay Inc. application, we may share a limited amount of your information within the applications in order to improve your eBay experience.

User Control. If you have more than one eBay Inc. application, we may share a limited amount of your information within the applications in order to improve your eBay experience.

Security. If you have more than one eBay Inc. application, we may share a limited amount of your information within the applications in order to improve your eBay experience.

Updates. If you have more than one eBay Inc. application, we may share a limited amount of your information within the applications in order to improve your eBay experience.

Contact. For questions about this Application Privacy Policy, please contact us at “eBay Legal – Global Privacy Practices” using the appropriate address listed in Contracting Parties below, or you can email us at mobileprivacy@ebay.com.

TERMS OF USE

Application Use. eBay grants you the right to use this Application only for your personal use. You may not: (a) modify, copy, publish, license, sell, or otherwise commercialize this Application or any information or software associated with this Application; (b) rent, lease or otherwise transfer rights to this Application; or (c) use this Application in any manner that could impair any eBay site in any way or interfere with any party's use or enjoyment of any eBay site. You must use the Application in compliance with all applicable laws. You must comply with applicable third party terms of agreement when using this Application (e.g. your wireless data service agreement). Your right to use this Application will terminate immediately if you violate any provision of these Terms of Use.

This Application may not contain the same functionality available on the www.eBay.com website.

Intellectual Property. eBay owns, or is the licensee to, all right, title and interest in and to this Application, including all rights under patent, copyright, trade secret, trademark, or unfair competition law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from this Application and you will not remove, obscure or alter eBay's copyright notice, trademarks or other proprietary rights notices affixed to, contained within or accessed in conjunction with or by this Application.

Disclaimer of Warranties. eBay disclaims responsibility for any harm resulting from your use of this Application. The Application and the service(s) accessed by it are provided "as is" and “as available”. eBay expressly disclaims to the fullest extent permitted by law all express, implied and statutory warranties, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary rights, and any warranties regarding the security, reliability, timeliness and performance of this Application. Your use of this Application is at your own discretion and risk. You are solely responsible for any damages to your hardware device(s) or loss of data that results from your use of this Application. Bid update and other notification functionality in this Application may not occur in real time. Such functionality is subject to delays beyond eBay’s control, including without limitation, delays or latency due to your physical location or your wireless data service provider’s network.

Limitation of Liability. eBay is not liable to you or any user for any use or misuse of this Application. Such limitation: (a) includes direct, indirect, incidental, consequential, special, exemplary and punitive damages, whether such claim is based on warranty, contract, tort or otherwise (even if eBay has been advised of the possibility of such damages); (b) applies whether damages arise from use or misuse of and reliance on this Application, from inability to use this Application, or from the interruption, suspension, or termination of this Application (including any damages incurred by third parties); and (c) applies notwithstanding a failure of the essential purpose of any limited remedy and to the fullest extent permitted by law.

Indemnification. You will indemnify and hold harmless eBay and its parents, subsidiaries, officers, directors, shareholders, agents and employees, from any claim made by any third party due to or arising directly or indirectly out of your conduct or in connection with your use of this Application, any alleged violation of this Application Privacy Policy and Terms of Use, and any alleged violation of any applicable law or regulation. eBay reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.

Changes to this Application or Terms of Use. eBay reserves the right to make changes to this Application or Terms of Use from time to time. Any material changes will take effect immediately for new users and upon the expiration of thirty (30) days after notification for current users. If you do not agree to any change, please uninstall and discontinue using the Application. Any use of this Application after the thirty (30) day notice period constitutes your acceptance of any change.

Miscellaneous Provisions. The terms of the User Agreement and Privacy Policy at the applicable country site accessed by this Application also apply to your use of this Application. You are responsible for complying with trade regulations and both foreign and domestic laws. You represent and warrant that you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country and you are not listed on any US Government list of prohibited or restricted parties. This Application or its underlying technology may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) Cuba, Iraq, Iran, Libya, North Korea, Syria or any other country subject to United States embargo; (b) to anyone on the US Treasury Department's list of Specially Designated Nationals or on the US Commerce Department's Denied Party or Entity List; and (c) to any prohibited country, person, end-user or entity specified by US Export Laws.

You are responsible for complying with trade regulations and both foreign and domestic laws. You represent and warrant that you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country and you are not listed on any US Government list of prohibited or restricted parties. This Application or its underlying technology may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) Cuba, Iraq, Iran, Libya, North Korea, Syria or any other country subject to United States embargo; (b) to anyone on the US Treasury Department's list of Specially Designated Nationals or on the US Commerce Department's Denied Party or Entity List; and (c) to any prohibited country, person, end-user or entity specified by US Export Laws.

A person who is not a party to these Terms of Use has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term herein but this does not affect any right or remedy of a third party specified herein or which exists or is available apart from that Act.

If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced.

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

These Terms of Use sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

Contracting Parties. If you reside in the United States of America, the contracting party is eBay Inc., 2145 Hamilton Avenue, San Jose, California 95125, USA. If you reside within the European Union the contracting party is eBay Europe S.à.r.l., 22-24 Boulevard Royal, L-2449 Luxembourg. If you reside in India, the contracting party is eBay India Private Limited, a company incorporated under Companies Act, 1956, with a registered office at 101-B, Akruti Corporate Park, Kanjurmarg (West), Mumbai 400079, Maharashtra, India. For all other countries, the contracting party is eBay International AG, Helvetiastrasse 15/17, 3005, Bern, Switzerland.

ADDITIONAL TERMS. Additional terms and conditions that apply to you:

  1. This is an agreement between you and eBay, not Microsoft. The terms of use and privacy policies of Microsoft and, where applicable, the network operators that provide billing services for the Windows Phone Marketplace do not apply to your use of this Application.
  2. You may install and use one copy of this Application on up to five (5) devices you personally own or control and which are affiliated with the Windows Live ID associated with your Windows Marketplace account. You may not install or use a copy of this Application on a device you do not own or control.
  3. Microsoft, your device manufacturer, and (if applicable) your wireless carrier are not responsible for providing support services for this Application.
  4. Microsoft, the wireless carriers over whose network this Application is distributed (if applicable), and each of their respective affiliates and suppliers (collectively, “Disclaiming Distributors”) give no express warranty, guarantee or conditions under or in relation to this Application. To the extent permitted under your local laws, the Disclaiming Distributors exclude any implied warranties or conditions, including those of merchantability, fitness for a particular purpose and non-infringement.
  5. You, and not the Disclaiming Distributors, bear the risk of using this Application (even if the Disclaiming Distributors have been advised of the possibility of damages to you). You may have additional consumer rights under your local laws which these Terms of Use cannot change.
  6. To the extent not prohibited by law, you will not seek to recover any consequential, lost profit, special, indirect, or incidental damages from any Disclaiming Distributor.

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