The following User Agreement shall apply to users registering on or after 10 July 2008, as from the date of registration. For users who registered prior to 10 July 2008, the User Agreement shall apply as from 13 August 2008. You can find the old User Agreement here.
The following describes the terms on which eBay offers you access to our services.
Introduction
Welcome to eBay. These terms and conditions apply to the services available from the domain and sub-domains of ebay.ie (which include, but are not limited to, www.ebaymotors.ie), and from all other eBay-branded websites provided for users in the Republic of Ireland. If you reside in the Republic of Ireland or another country that is a member of the E.U., by using the services on the eBay websites (ebay.ie, eBay.com and other related websites where this agreement appears) you are agreeing to the following terms, including those available by hyperlink, with eBay Europe S.à r.l., 22-24 Boulevard Royal, L-2449 Luxembourg, and the general principles for the websites of our subsidiaries and international affiliates. If you reside within the United States, you are contracting with eBay, Inc. In all other countries, your contract is with eBay International AG. If you have any questions, please refer to our Help section.
Before you may become a member of eBay, you must read and accept all of the terms and conditions in, and linked to, this User Agreement. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you also agree that your use of some eBay-branded websites or websites we operate may be governed by separate user agreements and privacy policies. The agreement that applies on any of our domains and subdomains is always the agreement that appears in the footer of each website. The User Agreement constitutes a legally binding agreement between you and eBay.
This Agreement is effective on 13 August 2008, for current users, and upon acceptance for new users.
Using eBay
You may not use our sites and services if you are under the age of 18 or you are not able to form legally binding contracts, or if your eBay membership has been suspended.
While using eBay, you will not:
Post, list or upload content or items in an inappropriate category or areas on our sites;
breach any laws, sell any counterfeit items or otherwise infringe the copyright, trade mark or other rights of third parties;
fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;
fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
manipulate the price of any item or interfere with other user's listings;
circumvent or manipulate our fee structure, the billing process, or fees owed to eBay;
post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information to non-eBay sites or for using it for purposes unrelated to eBay);
transfer your eBay account (including feedback) and User ID to another party without our consent;
distribute or post spam, chain letters, or pyramid schemes;
distribute viruses or any other technologies that may harm eBay, or the interests or property of eBay users;
copy, modify, or distribute content from our sites and eBay's copyrights and trademarks; or
harvest or otherwise collect information about users, including email addresses, without their consent.
If you are registering with eBay as a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business on eBay, you must comply with all applicable laws relating to online trading (please see Business Selling Explained for more information).
We will commence supplying our services to you as soon as you accept this Agreement. Unless you and eBay agree otherwise, you will not be able to cancel this Agreement under the Consumer Protection (Distance Selling) Regulations 2000 (or any equivalent legislation in your jurisdiction) once the supply of the services has commenced.
Abusing eBay
eBay and the eBay community work together to keep our sites and services working properly and the community safe. Please report problems, offensive content, and policy breaches to us.
eBay's Verified Rights Owner (VeRO) programme works to ensure that listed items do not infringe upon the copyright, trademark or other rights of third parties. If you believe that your rights have been infringed, please notify our VeRO team through our Verified Rights Owner (VeRO) Programme and we will investigate.
Without limiting other remedies, we may issue you with warnings, limit, suspend, or terminate our service and user accounts, restrict or prohibit access to, and your activities on, our sites (including, without limitation, cancelling bids and removing listings), delay or remove hosted content, and take technical and legal steps to keep you off our sites if:
we think that you are creating problems (including, without limitation, by harassing eBay staff or other users) or exposing us or another eBay user to financial loss or legal liabilities;
we think that you are acting inconsistently with the letter or spirit of this Agreement or our policies;
despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or
you earn a net feedback rating of -4.
We also reserve the right to cancel unconfirmed accounts, or accounts that have been inactive for a long time.
You agree not to hold eBay responsible for any loss you may incur as a result of eBay taking any of the actions described above.
No Spam
We do not tolerate spam (unsolicited commercial communications). Please set your eBay notification preferences so we communicate to you as you prefer. You may not add other eBay users, even a user who has purchased an item from you, to your mailing list (email or physical mail) without their consent.
You may not use our communication tools to send spam or otherwise send content that would breach our User Agreement. We automatically scan and may manually filter messages to check for spam, viruses, phishing attacks and other malicious activity or illegal or prohibited content, but we do not permanently store such messages. If you send an email to an email address that is not a registered eBay email address belonging to an eBay member, we do not permanently store that email or use that email address for any marketing purpose. We do not rent or sell these email addresses.
To report spam from other eBay users, please contact eBay Customer Support.
Using Information About Other eBay Users
eBay enables users to share personal and financial information in order to complete transactions. When users are involved in a transaction, they may obtain access to each other's name, user ID, email address, and other contact information, postal information and financial information. We cannot guarantee that other users will respect the privacy or security of your information and therefore we encourage you to evaluate the privacy and security policies of your trading partners before entering into transactions and choosing to share your information with them. Similarly, we ask you to respect other users' privacy and disclose your privacy and security policies to them. In all cases, you must comply with data protection laws and give other users a chance to remove themselves from your database and a chance to review the information you have collected about them.
You agree to use user information only in accordance with applicable laws and regulations (including, without limitation, data protection laws) and only for:
eBay-transaction-related purposes that are not unsolicited commercial communications
using services offered through eBay; and
other purposes that a user expressly agrees to.
Fees
Joining eBay and bidding on listed items is free. We do charge fees for using other services, such as listing items. When you list an item or use a service that has a fee you have an opportunity to review and accept the fees that you will be charged based on our Fees policy, which we may change from time to time. Changes to that Policy are effective after we provide you with at least fourteen days' notice of them by email, by posting the changes on the eBay site or via “My Messages”. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on our sites.
Unless otherwise stated, all fees are quoted in Euros. You are responsible for paying all fees and applicable taxes associated with using our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is overdue, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us and retaining collection agencies and legal counsel, and for accounts over 180 days overdue, deducting the amount owed from your PayPal account balance.) You agree that we may issue you with invoices in electronic format by email.
Content
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, trade marks, database rights and intellectual property rights you have in the content, in any media known now or in the future. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law.
For the convenience of sellers, we may offer catalogues of stock images, descriptions and product specifications, which are provided by third-parties. While we try to offer reliable data, we cannot promise that the catalogues will always be accurate and up-to-date. If you choose to include catalogue content in your listings, you will be responsible for ensuring that your listings are accurate and do not include misleading information. You agree that you will not hold our catalogue providers responsible for inaccuracies in their catalogues. The catalogues may include copyrighted, trademarked or other proprietary materials. You may use the catalogues only for informational purposes and only in connection with your eBay listings. You may not use catalogue content in a way that infringes or breaches anyone’s proprietary rights.
Liability
Nothing in this Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
You will not hold eBay responsible for any loss you may incur as a result of eBay taking any of the actions described in the Abusing eBay
section above nor for other users' actions or inactions, including things they post. You acknowledge that we are not a traditional auctioneer. Instead, our sites are a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and venues, such as stores, fixed price formats and auction-style formats.
At no point do we have possession of anything listed or sold through eBay. We do not review users’ listings or content and are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the truth or accuracy of feedback or other content posted by users on our sites, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.
Please do not assume that the offer, sale, purchase, export or import of any item is valid and legal simply because it is listed on one of our sites.
You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on any of our sites.
Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the internet is difficult. eBay cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users' purported identities or the validity of the information which they provide to us or post on our sites.
We cannot guarantee continuous or secure access to our services, and operation of our sites may be interfered with by numerous factors outside of our control. While we will use our reasonable endeavours to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.
We (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising out of your use of our sites and services. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) €100.
Release
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Access and Interference
Our sites contain robot exclusion headers. Much of the information on our sites is updated on a real-time basis and is proprietary or is licensed to eBay by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access our sites for any purpose without our express written permission.
Additionally, you agree that you will not:
take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from our sites without the prior expressed written permission of eBay and the appropriate third party, as applicable;
interfere or attempt to interfere with the proper working of our sites or any activities conducted on our sites; or
bypass our robot exclusion headers or other measures we may use to prevent or restrict access to our sites.
Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the eBay Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the eBay Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services.
Compensation
You agree that you will only use our sites and services in accordance with the terms and conditions set out in this Agreement. You will compensate us in full (and our officers, directors, agents, subsidiaries, joint ventures and employees) for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of this Agreement or your violation of any law or the rights of a third party.
No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Notices
Except as explicitly stated otherwise, legal notices shall be served by registered mail to eBay Europe S.à r.l. (ref:eBay.ie), 22-24 Boulevard Royal, L-2449 Luxembourg. We shall send notices to you by email to the email address you provide to eBay during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by registered mail to the address provided during the registration process. Notices sent to either party by registered mail shall be deemed to have been received by that party three days after the date of mailing.
Third Party Rights
A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but thjs does not affect any right or remedy of a third party specified in this Agreement or which exists or is available apart from that Act.
Resolution of Disputes
If a dispute arises between you and eBay, we strongly encourage you to first contact us directly to seek a resolution by going to the eBay Customer Support help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. This Agreement shall be governed and construed in all respects by the laws of England and Wales. You and eBay both agree to submit to the exclusive jurisdiction of the English Courts.
Additional Terms
The following policies (together with all further policies that can be accessed via click-through links contained in such policies) are part of this Agreement and provide additional terms and conditions related to specific services offered on our sites. We expect you to read all of the linked documents carefully:
Each of these policies may be changed from time to time. Changes take effect when we post them on the eBay site. When using particular services on our sites, you are subject to any posted policies or rules applicable to services you use through our sites, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement.
General
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
In our sole discretion, we may assign this Agreement in accordance with the Notices Section (but without your prior express consent), provided that we assign the Agreement on the same terms or terms that are no less advantageous to you.
Section headings are for reference purposes only and do not limit the scope or extent of such section.
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. We do not guarantee we will take action against all breaches of this Agreement.
We may amend this Agreement at any time by email, via “My Messages” or by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. This Agreement may not be otherwise amended except in a writing signed by you and us.
This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, Compensation and Resolution of Disputes.
If you have any questions about this User Agreement, please refer to the Frequently Asked Questions about the User Agreement. If that document does not answer your questions, please contact eBay Customer Support
Our previous privacy policy
The following describes the terms on which eBay offers you access to our services.
Introduction
Welcome to eBay. These terms and conditions apply to the services available from the domain and sub-domains of http://www.ebay.ie (which include, but are not limited to, http://www.ebaymotors.ie), and from all other eBay branded websites provided for U.K. users, (together, the "Site"). If you reside in the Republic of Ireland or another country that is a member of the E.U. you are contracting with eBay Europe S.à r.l., 15 rue Notre Dame, L-2240 Luxembourg. If you reside in a country that is not a member of the E.U. (but you do not reside in the U.S.A.), you are contracting with eBay International A.G. located at Helvetiastrasse 15/17, 3005 Bern, Switzerland. If you reside in the U.S.A. you are contracting with eBay Inc., 2145 Hamilton Ave., San Jose, CA 95125, USA. In this User Agreement, all eBay contracting parties are known as "eBay", "we", "us" or "our".
Your use of our services is governed by the following terms and conditions, including those additional terms referred to in the "Additional terms" section below (which are accessible by click-through links and which form part of these terms and conditions), (together, the "User Agreement"). Before you can become a member of eBay, you must read and accept all of the terms and conditions of this User Agreement and each of the "Additional terms" referred to in this User Agreement. You should read through all the terms carefully. The User Agreement constitutes a legally binding agreement between you and eBay.
This User Agreement is valid from 1 March 2007 and is effective upon acceptance for new users.
Using eBay
You may not use the Site if you are under the age of 18 or you are not able to form legally binding contracts, or if your eBay membership has been suspended.
While using the Site, you will not:
post, list or upload content or items in inappropriate categories or areas on the Site;
breach any laws, sell any counterfeit items or otherwise infringe the copyright, trade mark or other rights of third parties;
breach our policies, including, without limitation, the Prohibited and Restricted Items policy and the other policies linked to from the "Additional terms" section below;
fail to pay for items purchased by you, unless the seller materially changes the item's description after you place a bid on the item, a clear typographical error is made, or you cannot authenticate the seller's identity;
fail to deliver items purchased from you, unless the buyer fails to meet your listing terms, or you cannot authenticate the buyer's identity;
manipulate the price of any item or interfere with other users' listings;
circumvent or manipulate eBay’s fee structure, the billing process, or fees owed to eBay;
post, list or upload false, inaccurate, misleading or defamatory content (including personal information);
take any action that may undermine the feedback or ratings systems (such as displaying feedback information on, or exporting feedback information to, non-eBay sites, or using it for purposes unrelated to eBay);
transfer your eBay account (including feedback) and User ID to another party without our express consent;
distribute or post spam, chain letters, or pyramid schemes;
distribute viruses or any other technologies that may harm eBay, or the interests or property of eBay users;
copy, modify, or distribute eBay's copyrighted works or trade marks, or other content from the Site, without our express consent; or
harvest or otherwise collect information about users, including email addresses, without their express consent.
If you are registering with eBay as a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business on eBay, you must comply with all applicable laws relating to online trading (please see our Legal Guidance for Business Sellers page for further information).
We will commence supplying our services to you as soon as you accept this User Agreement. Unless you and eBay agree otherwise, you will not be able to cancel this User Agreement under the Consumer Protection (Distance Selling) Regulations 2000 (or any equivalent legislation in your jurisdiction) once the supply of the services has commenced.
Abusing eBay
eBay and the eBay community work together to keep the site working properly and the community safe. Please report problems, offensive content, and policy breaches to us.
eBay's Verified Rights Owner (VeRO) Programme works to ensure that listed items do not infringe upon the copyright, trade mark or other rights of third parties. If you believe that your rights have been infringed, please notify our VeRO team through our Verified Rights Owner (VeRO) Programme and we will investigate.
Without limiting other remedies, we may issue you with warnings, limit, suspend, or terminate our services and your account(s), restrict your access to, and your activities on, the Site (including, without limitation, by cancelling bids and removing listings and other hosted content), warn the eBay community not to transact with you and/or take technical and legal steps to stop you from using the Site if:
we think that you are creating problems (including, without limitation, by harassing eBay staff or other users) or exposing us or another eBay user to financial loss or legal liabilities;
we think that you are acting inconsistently with the letter or spirit of this User Agreement or our policies;
despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or
you earn a net feedback rating of -4.
We also reserve the right to cancel unconfirmed accounts.
You agree not to hold eBay responsible for any loss you may incur as a result of eBay taking any of the actions described above.
No spam
We do not tolerate spam (unsolicited commercial communications). Please set your eBay notification preferences so we communicate to you as you prefer. You may not add other eBay users, even a user who has purchased an item from you, to your mailing list (e-mail or physical mail) without their consent.
You may not use our communication tools to send spam or otherwise send content that would breach our User Agreement. We filter and automatically scan e-mail messages before they are sent via our communication tools for viruses and other illegal or prohibited content but we do not permanently store such messages. If you send an e-mail to an e-mail address that is not a registered eBay e-mail address belonging to an eBay member, we do not permanently store that e-mail or use that e-mail address for any marketing purpose. We do not rent or sell these e-mail addresses.
To report spam from other eBay users, please contact eBay Customer Support.
Using information about other eBay users
Our Site enables users to share personal and financial information in order to complete transactions. When users are involved in a transaction, they may obtain access to each other's name, User ID, email address, and other contact information, postal information and financial information. We cannot guarantee that other users will respect the privacy or security of your information and therefore we encourage you to evaluate the privacy and security policies of your trading partners before entering into transactions and choosing to share your information with them. Similarly, we ask you to respect other users' privacy and disclose your privacy and security policies to them. In all cases, you must give other users a chance to remove themselves from your database and a chance to review the information you have collected about them.
You agree to use user information only in accordance with applicable laws and regulations (including, without limitation, data protection laws) and only for:
eBay-transaction-related purposes that are not unsolicited commercial communications
using services offered through eBay; and
other purposes that a user expressly agrees to.
Fees
Joining eBay and bidding on listed items is free. We do charge fees for using other services, such as listing items. When you list an item or use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on the eBay Fees Policy, which we may change from time to time. Changes to the fees will take effect 14 days after we notify you of them either by email, or via "My Messages", or via a posting on the Site's announcements board. We may choose to temporarily change the fees for our services for promotional events (for example, "free listing days") or new services, and such changes are effective when we post the temporary promotional event or new service on the Site
Unless otherwise stated, all fees are payable in Euros. You are responsible for paying all fees and applicable taxes (including any value added tax) associated with using the Site in a timely manner with a valid payment method. If your payment method fails or your account is overdue, we may collect fees owed using other collection mechanisms. (This includes, without limitation, charging other payment methods on file with us and retaining collection agencies and legal advisers.) You agree that we may issue you with invoices in electronic format by e-mail.
Content licence
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, trade marks, database rights and all other intellectual property rights you have in the content, in any media known now or in the future. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law. (We need these rights to host and display your content.)
Liability
Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
You will not hold eBay responsible for other users' actions or inactions. Although eBay is often referred to as an online auction web site, you acknowledge that we are not a traditional auctioneer. Instead, the Site is a venue to allow anyone to offer, sell, and buy just about anything, at any time, from anywhere, in a variety of pricing formats, which include auction-style and fixed price formats. At no point do we have possession of anything listed or sold through the Site.
We do not review user's listings and we are not party to the actual transactions between buyers and sellers. You will not hold eBay responsible for the actions or inactions of buyers or sellers involved in transactions (whether such transactions are carried out on or off eBay) or for ensuring that they actually complete transactions.
We have no control over, do not guarantee, and you will not hold us responsible for:
the quality, safety or legality of items advertised;
the truth or accuracy of listings;
the truth or accuracy of feedback or other content posted by users on the Site;
the ability of sellers to sell items;
the ability of buyers to pay for items; or
whether a buyer or seller will actually complete a transaction.
Please do not assume that the offer, sale, purchase, export or import of any item is valid and legal simply because it is listed on the Site.
You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on the Site.
Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the internet is difficult. eBay cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users' purported identities or the validity of the information which they provide to us or post on the Site.
We cannot guarantee continuous or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. While we will use our reasonable endeavours to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.
We (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising out of your use of our Site.
Regardless of the previous paragraph, if we are found to be liable, our liability, and the liability of our parent, subsidiaries, affiliates, officers, directors, agents and employees, to you is limited in any 12 month period to the greater of: (a) the total fees you paid to us in relation to the listing or other service offered which gave rise to the liability, and (b) €150.
Release
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Access and interference
The Site contains robot exclusion headers. Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to eBay by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission.
Additionally, you agree that you will not:
take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the Site without the prior expressed written permission of eBay and the appropriate third party, as applicable;
interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your express consent. We use your information only as described in the eBay Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the eBay Privacy Policy. If you object to your information being transferred or used in this way please do not use our services.
Compensation
You agree that you will only use the Site in accordance with the terms and conditions set out in this User Agreement. You will compensate us in full for any losses or costs (including reasonable legal fees) we incur arising from any breach by you of this User Agreement.
No agency
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this User Agreement.
Notices
Except as explicitly stated otherwise, notices to eBay shall be sent by registered mail to eBay Europe S.à r.l. (ref: eBay.ie), 15 rue Notre Dame, L-2240 Luxembourg. We shall send notices to you by e-mail or by registered mail to the email address or postal address (as applicable) that you provided to eBay when you registered as a member of eBay. Notices sent to you by e-mail shall be deemed to have been received by you 24 hours after they are sent, unless we receive notice that the email address is invalid. Notices sent to either party by registered mail shall be deemed to have been received by that party 3 days after they are sent.
Third party rights
A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act.
Governing law and dispute resolution
This User Agreement shall be governed by and construed in accordance with English law. You and eBay both agree to submit to the non-exclusive jurisdiction of the English Courts.
If a dispute arises between you and eBay, we strongly encourage you to first seek a resolution by contacting eBay Customer Support. Alternatively you may address complaints to eBay Europe S.à r.l., 15 rue Notre Dame, L-2240 Luxembourg. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Additional terms
The following policies (together with all further policies that can be accessed via click-through links contained in such policies) are part of this User Agreement and provide additional terms and conditions related to specific services offered on the Site. We expect you to read all of the linked documents carefully:
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, we advise you to check whether the applicable policy or rule has been amended on the Site as you will be bound by the latest version of any applicable policies or rules which may be posted on the Site from time to time. All such policies or rules are hereby incorporated into this User Agreement.
General
If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable.
In our sole discretion, we may assign this User Agreement to a third party by giving you notice in accordance with the Notices section above (but without your prior express consent), provided that we assign the User Agreement on the same terms or terms that are no less advantageous to you.
Section headings are for reference purposes only and do not limit the scope or extent of the sections.
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.
We may amend this User Agreement at any time either by e-mail, via "My Messages" or by posting the amended terms on the Site. Except as stated elsewhere in this User Agreement, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. This User Agreement may not be otherwise amended except in a writing signed by you and us.
This User Agreement sets forth the entire understanding and agreement between us with respect to its subject matter.
The following Sections survive any termination of this User Agreement: Fees (with respect to fees owed for our services), Content Licence, Liability, Release, Compensation, Third Party Rights and Governing law and dispute resolution.
If you have any questions about this User Agreement, please refer to the Frequently Asked Questions about the User Agreement or the Frequently Asked Questions about the User Agreement Revision. If those documents do not answer your questions, please contact eBay Customer Support.
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