Live EULA

Last updated on February 23, 2012

REDLASER LIVE – EBAY MOBILE APPLICATION PRIVACY POLICY & TERMS OF USE (USA)

By using this eBay Mobile Application (the “Application“), you agree to be bound by this eBay Mobile Application Privacy Policy and Terms of Use.This is an agreement between you and eBay, and not with Apple.Apple is not responsible for this Application and the content thereof.Further, your use of this Application is subject to the www.redlaser.com Privacy Policy.

PRIVACY POLICY

This policy applies to your use of the Application and tells you how we use and protect the information we collect.

Collection and Use. When you use this Application, we may collect and store some or all of the following:

  • Device sign-on data (including device ID)
  • Location data
  • Information about how you interact with the Application and eBay’s servers/site(s)

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

 

This Application utilizes the Google Maps API Service and Facebook Connect as part of its social networking functionality. By using this Application, you’re agreeing to be bound by Google’s Privacy Policy and Facebook’s Privacy Policy, where you can control your privacy settings.Because this Application contain links to or uses third party sites or services 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 third party sites or services.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 such third party site or service.We encourage you to ask questions before you disclose your personal information to anyone.

User Control and Uninstall.You can remove Facebook status/check-in updates through your Facebook account. 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 our 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 on an iOS product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.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 service or site in any way or interfere with any party’s use or enjoyment of any eBay service or 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. Facebook, Google, your wireless data service agreement).Your right to use this Application will terminate immediately if you violate any provision of this Terms of Use.Apple has no obligation whatsoever to furnish any maintenance and support services with respect to this Application.This Application utilizes the Google Maps API service. By using this Application, you’re agreeing to be bound by Google’s Terms of Use.

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.Apple is not responsible for the investigation, defense, settlement, and discharge of any third party intellectual property infringement claim.

Product Claims.Apple is not responsible for addressing any claims by you or any third party relating to this Application or your possession and/or use of this Application, including but not limited to: (a) product liability claims; (b) any claim the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.

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.You download and use this Application at your own discretion and risk, and 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.

In the event of any failure of this Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable, for this Application to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to this Application.

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 the 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.

Application or Terms of Use Changes.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 this Application.Your use of this Application after the thirty (30) day notice period constitutes your acceptance of any change.

Miscellaneous Provisions.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.

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 applicable, the contracting party is eBay Europe S.à.r.l., 22-24 Boulevard Royal, L-2449 Luxembourg if you reside within the European Union, 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.

Third Party Beneficiary.Apple and Apple’s subsidiaries are third party beneficiaries of this Privacy Policy and Terms of Use, and, upon your acceptance, Apple as a third party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you.

Revision Date: May 24, 2011

Last Revision: N/A

© 2011 eBay Inc.

_____________________________________________________________

 

  1. Facebook: Portions of this Application Copyright 2009 Facebook
  2. ZXing: Portions of this Application © 2008 ZXing Authors

 

Licensed under the Apache License, Version 2.0 (the “License”); you may not use this file except in compliance with the License. You may obtain a copy of the License at: http://www.apache.org/licenses/LICENSE-2.0

 

Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.See the License for the specific language governing permissions and limitations under the License.



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