PRIVACY POLICY AND TERMS AND CONDITIONS
PRIVACY POLICY
This
policy applies to your use of eBay Desktop, and tells you how eBay uses and
protects the information eBay Desktop collects. eBay Desktop is a way to use the
eBay services, so your use of eBay Desktop is also subject to the eBay.com privacy
policy.
INFORMATION
COLLECTION AND USE. Once installed, eBay Desktop collects and stores your User
ID and log-in credentials, along with some information about how you interact
with the eBay Desktop and with eBay. We use this information to operate and
improve the eBay Desktop and our sites and services.
INFORMATION
SHARING. We may share the anonymous information we collect with our third-party
service providers, who provide us, under contract, with internal services and
assist with business operations.
USER
CONTROLS AND UNINSTALL. The eBay Desktop application allows you to customize
your use of eBay Desktop. You can uninstall eBay Desktop via the uninstaller
function of your operating system (for example, the Windows Add/Remove Programs
function). eBay Desktop operates using Adobe Integrated Runtime; if you wish to
uninstall this program too, you can uninstall it separately using the uninstaller
function.
SECURITY.
We use lots of tools to protect your personal information against unauthorized
access and disclosure, but we do not promise, and you should not expect, that
your personal information or private communications will always remain private.
CHANGES
TO THIS POLICY. eBay reserves the right to modify or change this policy from
time to time. Any changes will go into effect immediately for new users and 30
days after posting for existing users.
TERMS AND CONDITIONS
By
using eBay Desktop, you agree to be bound by the following terms and conditions:
1. EBAY DESKTOP USE. eBay grants you the
right to use eBay Desktop for your personal, non-commercial use only, subject
to these terms. You may not modify, copy, publish, license or sell any
information or software associated with eBay Desktop. You may not rent, lease
or otherwise transfer rights to eBay Desktop. You may not use eBay Desktop in
any manner that could damage, disable, overburden or impair the eBay site, nor
may you use eBay Desktop in any manner that could interfere with any other
party’s use and enjoyment of the eBay site. You agree that you will use eBay
Desktop for lawful purposes and only in compliance with all applicable laws,
including but not limited to copyright and other intellectual property laws.
Your right to use eBay Desktop will terminate immediately if you violate any
provision of these terms. Upon termination, you may no longer use eBay Desktop.
2. INTELLECTUAL PROPERTY. You acknowledge
that eBay and its content and service providers own all rights, title and
interest, including without limitation all Intellectual Property Rights, in and
to eBay Desktop, portions thereof, or software provided through or in
conjunction with eBay Desktop. "Intellectual Property Rights" means all rights
existing from time to time under patent law, copyright law, trade secret law,
trademark law unfair competition law and all other proprietary rights, and all
applications, renewals, extensions and restorations thereof, now or hereafter
in force and effect worldwide. You agree not to modify, adapt, translate, rent,
lease, loan, distribute, prepare derivative works from, decompile, reverse
engineer, disassemble or otherwise attempt to derive source code from eBay
Desktop. You also agree not to remove, obscure, or alter eBay’s copyright
notice, trademarks or other proprietary rights notices affixed to or contained
within or accessed in conjunction with or through eBay Desktop. All rights not
expressly granted to you are reserved by eBay or its suppliers.
3. DISCLAIMER OF WARRANTIES. eBay disclaims
any responsibility for harm resulting from your use of eBay Desktop. eBay
Desktop is provided “as is,” with no warranties whatsoever. 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 noninfringement of
proprietary rights. eBay disclaims any warranties regarding the security,
reliability, timeliness and performance of eBay Desktop. You understand and
agree that you download and use eBay Desktop at your own discretion and risk
and that you will be solely responsible for any damages to your computer system
or loss of data that results from the download or use of eBay Desktop. Some
states or other jurisdictions do not allow the exclusion of implied warranties,
so the above exclusions may not apply to you. You may also have other rights
that vary from state to state and jurisdiction to jurisdiction.
4. LIMITATION OF LIABILITY. Under no
circumstances shall eBay be liable to any user on account of that user’s use or
misuse of eBay Desktop. Such limitation of liability shall apply to prevent
recovery of direct, indirect, incidental, consequential, special, exemplary and
punitive damages, whether such claim is based on warranty, contract, tort
(including negligence) or otherwise (even if eBay has been advised of the
possibility of such damages). Such limitation of liability shall apply whether
the damages arise from use or misuse of and reliance on eBay Desktop, from the
performance or misperformance of eBay Desktop, from inability to use eBay
Desktop, or from the interruption, suspension or termination of eBay Desktop
(including such damages incurred by third parties). Such limitation shall apply
notwithstanding a failure of essential purpose of any limited remedy and to the
fullest extent permitted by law. Some states or other jurisdictions do not
allow the exclusion or limitation of liability for incidental or consequential
damages, so the above limitations and exclusions may not apply to you.
5. INDEMNIFICATION. You agree to indemnify
and hold harmless eBay and its subsidiaries, affiliates, joint ventures,
suppliers, officers, directors, shareholders, employees and agents, from any
claim or demand made by any third party due to or arising directly or
indirectly out of your conduct or in connection with your use of eBay Desktop
or its features, any alleged violation of these terms, or 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 otherwise
subject to indemnification by you, but doing so shall not excuse your indemnity
obligations.
6. PRIVACY AND OTHER USER AGREEMENTS. eBay
Desktop is a way to use the eBay services, so your use of eBay Desktop is
subject to the eBay.com
privacy policy and the eBay.com user agreement.
7. TERMS AND CONDITIONS AND SOFTWARE
UPDATES. eBay reserves the right to modify or change these Terms and Conditions
from time to time without notice to you. The latest version will be available here.
eBay may update or modify eBay Desktop from time to time at its discretion.
8. EXPORT LAWS. You are responsible for
complying with trade regulations and both foreign and domestic laws. You
acknowledge that eBay Desktop 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) you will not export or re-export the
Software to any prohibited country, person, end-user or entity specified by US
Export Laws.
9. MISCELLANEOUS PROVISIONS. These terms
will be governed by and construed in accordance with the laws of the State of
These
terms constitute the entire agreement between the parties with respect to the
subject matter hereof and supersede and replace all prior or contemporaneous
understandings or agreements, written or oral, regarding such subject matter.
Any waiver of any provision of these terms will be effective only if in writing
and signed by eBay.
eBay
Inc. is located at