Android App EULA

Last updated on February 23, 2012

EBAY/REDLASER MOBILE APPLICATION PRIVACY POLICY AND TERMS OF USE – UNITED KINGDOM

This Application, Privacy Policy, and Terms of Use © 2009 – 2012 eBay Inc.

By using this eBay Mobile Application (the “Application”), you agree to be bound by this eBay Mobile Application Privacy Policy and Terms of Use.  Certain features of this Application may require you to be an eBay member or provide personal information as part of a registration process.  Your use of these features and this Application are also subject to the www.ebay.co.uk Privacy Policy and User Agreement. Further, your use of this Application is subject to thewww.redlaser.com Privacy Policy and Attribution terms and conditions.

PRIVACY POLICY

This policy applies to your use of the Application and tells you how we use and protect the information we collect. If you reside within the European Union, the contracting party and data controller is eBay Europe S.à.r.l., 22-24 Boulevard Royal, L-2449 Luxembourg.

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

  • Device sign-on data (including device ID)
  • Location data
  • Your preferred language, currency, and country site
  • Information about how you interact with the Application and eBay’s site(s)
  • Data provided by you hereunder or generated in connection with the Application
  • Images uploaded by you for identification

We and our service providers use this information to operate and improve our 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 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.  We encourage you to ask questions before you disclose your personal information to anyone.

Sharing Information and Tracking. 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. One of the third parties we use to provide analytical data about your use of the Application is Flurry.  We share only your device ID with Flurry, no other personal data, and they use this data exclusively to provide us with Application usage reporting.  You can review Flurry’s privacy notification and their opt-out provisions with regards to device ID at http://www.flurry.com/resources/privacy.html

This Application may also collect images you voluntarily upload for identification, and share them with a third party, IQ Engines, for identification. Only the image you upload is shared with IQ Engines, and it is not associated with any other personal information. For more information on how your images may be shared with and processed by IQ Engines, see their Privacy Policy at http://www.iqengines.com/privacy/

User Control and Uninstall.  You can access and change user settings or delete your search history from the options/settings menu on your device.    Uninstallation methods vary depending on your device.  To uninstall this Application, please use the application manager provided with your device or consult your device manual for reference.

Security.  The information this Application collects may be stored locally on your device and may be transmitted to servers in the United States and/or European Union. The transmission of information over wireless and wired networks is not inherently secure.  eBay uses many tools to help protect your personal information against unauthorized access and disclosure however we do not guarantee, and you should not expect, that your personal information or private communications will always remain private when using this Application.

Policy Changes.  eBay reserves the right to make changes to this Privacy Policy 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 changes, please uninstall and discontinue using this Application.  Any use of this Application after the thirty (30) day notice period constitutes your acceptance of any change.

Privacy Contact.  For questions about this Privacy Policy, please contact us at “eBay Legal – Global Privacy Practices” using the appropriate address listed in Contracting Parties below.

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 commercialise 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 this Terms of Use.

Photo Upload Terms and Conditions.

(a) Definitions.  (i) “Content” means any photographs, pictures, content, text, artwork, files, sound, graphics, data, and other similar materials; and (ii) “Media” means any means of conveying information, whether now known or hereafter devised.

(b) Requirements.  You may only submit Content for which you completely own or have secured all rights necessary to grant the licenses listed below. Minors may not submit Content. 

(c) Content License.  You hereby grant to eBay a worldwide, perpetual, irrevocable, nonexclusive, royalty-free, fully-paid up, transferable right and license, with the right to sublicense (through multiple tiers), under all of your intellectual property and other rights in the Content, to (i) reproduce, distribute, transmit, publicly perform and publicly display the Content, in whole or in part, in any manner and Media; (ii) modify, adapt, translate and create derivative works from the Content, in whole or in part, in any manner and Media; (iii) sublicense the foregoing rights, in whole or in part, to any third party, with or without a fee; and (iv) exercise any and all other present or future rights in the Content.

(d) Name, Trademarks and Likenesses.  You hereby grant to eBay a worldwide, perpetual, irrevocable, nonexclusive, royalty-free, fully-paid up, transferable right and license, with the right to sublicense (through multiple tiers), under all of your intellectual property and other rights in the Content, to use all trademarks, trade names and the names and likenesses of you and any individuals that appear in the Content.

(e) Moral Rights.  You hereby waive and agree never to assert any claim of Moral Rights in the Content against eBay or any of eBay’s licensees.  “Moral Rights” means any right to (i) divulge the Content to the public; (ii) retract the Content from the public; (iii) claim authorship of the Content; (iv) object to any distortion, mutilation or other modification of the Content; or (v) any and all similar rights, existing under judicial or statutory law of any country or jurisdiction in the world, or under any treaty regardless of whether or not such right is called or generally referred to as a moral right.

(e) Restrictions.  You will not: (i) submit any personally identifiable information about any child under the age of 13; (ii) submit Content that is unlawful, pornographic, libelous, defamatory, tortious, obscene, or racially, ethnically or otherwise objectionable or that otherwise violates general eBay community standards; or (iii) upload, post, e-mail or otherwise transmit Content to eBay that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

(e) No Obligation.  Although we have the right to include your Content in the Application or in any Media, we do not have the obligation to do so.   eBay expressly reserves the right, in its sole discretion, and for any reason, to remove, refuse, or not make available any Content.

(f) Content Representations and Warranties.  You represent and warrant to eBay that (i) you are not under 18 years old; (ii) you are otherwise legally competent to enter into this agreement; (iii) you have the right, power, and authority necessary to enter into this agreement, to fully perform your obligations hereunder, and to grant the licenses set forth above; (iv) you will comply fully with all terms of this agreement; (v) you possess all rights necessary for the reproduction, distribution, transmission, public performance, public display, and other exploitation of the Content by eBay as permitted hereunder; (vi) the Content does not infringe any right of any third party; (vii) the Content, and eBay’s exercise of its rights hereunder, do not and will not violate, misappropriate or infringe any right of any third party, including but not limited to trademark rights, copyrights, moral rights and publicity rights; (viii) the Content is not pornographic, obscene, libelous, defamatory, tortious, or otherwise unlawful; and (i) all factual statements submitted by you are accurate and not misleading.

(g) Communications.  eBay may communicate with you in connection with the Application, electronically and in other Media, and you consent to such communications unless you notify eBay that you no longer wish to receive communications about the Application. Notice can be sent to: support@redlaser.com

Third-Party Merchants. The products displayed in this Application are sold by third-party merchants, not by eBay. This Application may contain links to third party merchants that are selling displayed products.  eBay is not responsible or liable for the availability or accuracy of such sites or resources, or for the content, products or services on or available from such sites or resources.  eBay does not guarantee the accuracy of, and will not assume any liability for your purchase decisions (and your subsequent use of purchased products and services) that may be informed by, the information provided by this Application. 

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 or trademark 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. 

eBay expressly disclaims, to the fullest extent permitted by the law,  the warranties of merchantability, and non-infringement of proprietary rights.

eBay expressly disclaims to the fullest extent permitted by the law, any warranties regarding the security, reliability, timeliness and performance of this Application.  

You download and use this Application 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 the download or use of this Application.

Some of the information or data contained in this Application has been prepared by FoodEssentials.com. The information provided by this Application is a guide only and is not intended as medical advice. FoodEssentials and eBay are only providing nutritional information and not advice or medical treatment. Any dietary health concerns you have should be discussed with a duly registered dietician or physician. Food or drink manufacturers may change the formulation of their products and the information sources for this Application may not reflect such new formulation. Users concerned with food allergies need to be aware of this risk. FoodEssentials and eBay do not guarantee the accuracy of – and will not assume any liability for adverse reactions to food or drinks consumed based on – the information provided by this Application. Always re-check the label before purchase as food and drinks can be reformulated.

Limitation of Liability.  Neither eBay nor its service providers will be liable to you or any user for any use or misuse of this Application. Such limitation: (a) includes direct 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) includes 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); (c) 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  (d) applies notwithstanding a failure of the essential purpose of any limited remedy and to the fullest extent permitted by law.  Nothing in these Terms of Use 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.

Compensation.  You will compensate eBay in full (and its parent companies, subsidiaries, joint ventures, shareholders, officers, directors, agents and employees) for any losses or costs, including, without limitation, reasonable legal fees, we incur arising directly or indirectly from or exacerbated directly or indirectly by your conduct or in connection with your use of this Application, any alleged violation of the Privacy Policy and Terms of Use, and any alleged violation of any applicable law, regulation or the rights of a third party.  eBay reserves the right, at its own expense, to assume the exclusive defence and control of any claim or investigation brought by any third party, including, without limitation, a regulator or  law enforcement agency, subject to this compensation provision, but doing so will not excuse your compensation 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 agreements and privacy policies at the country sites 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) you will not export or re-export this Application 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 within the European Union the contracting party is eBay Europe S.à.r.l., 22-24 Boulevard Royal, L-2449 Luxembourg.  If applicable, the contracting party is eBay Inc., 2145 Hamilton Avenue, San Jose, California 95125, USA if you reside in the United States of America or if you reside in any other country (other than India) the contracting party is eBay International AG, Helvetiastrasse 15/17, 3005, Bern, Switzerland.  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.

Version Date: January 31, 2012
Last Version: November 15, 2011



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