Terms of Service
(Rev. 01, Effective March 10, 2011)
eBay reserves the right to amend these Terms of Service at any time and any changes to these Terms of Service will be effective immediately from the date they are posted. You are responsible for reviewing these Terms of Service from time-to-time for any changes. Your use of this Site following any amendment of these Terms of Service will signify your acceptance of its revised terms.
RedLaser and the associated website (the “Site”) are owned and operated by eBay Inc., 2145 Hamilton Avenue, San Jose, California, 95125, USA. Email: email@example.com.
(a) Third Party Websites. This Site links to third party websites that are not owned or controlled by eBay (e.g. Facebook, Twitter). eBay has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party website. By using this Site, you expressly relieve eBay from any and all liability arising from your use of any third party website accessed from this Site.
(b) Linking Policy. eBay welcomes you to add this Site to your website or blog, provided that: (i) you don’t misrepresent any relationship between you and eBay or RedLaser, or imply that eBay endorses or approves of your website, application(s), or product(s); and (ii) your website or blog is consistent with these Terms of Service.
3. Content and Trademarks.
Through the Site, eBay provides a number of different services to assist you in comparison shopping for products. We provide information regarding products and third-party merchants, and links to third-party merchants that are selling listed products. eBay is paid by merchants or other third parties to list products on the Site. However, the products listed on the Site are offered for sale by third-party merchants, and not eBay.
You acknowledge that eBay does not sell, resell or license any products listed on the Site, nor is eBay acting as an agent of sale. We are merely making it easier for you to buy from merchants who choose to offer goods using the Site. You acknowledge that to the extent allowable by law, eBay disclaims any responsibility for or liability related to such products. You agree to direct any questions, complaints or claims about merchants (for example, about their products, customer service or delivery) to the appropriate merchant.
Reviews and ratings on the Site are aggregated from third party sources that collect customer reviews and then are published on the Site. As such, these reviews and ratings are intended to be informative for those wishing to use them, but they do not guarantee any level of performance by us, a merchant or other third party.
All right, title and interest in and to the Site and any content appearing on the Site will remain the exclusive property of eBay and its licensors. Except as expressly permitted in these Terms of Service you may not copy, reproduce, modify or create derivative works from, distribute, sell, transfer, publicly display, publicly perform, transmit or otherwise use the content appearing on the Site without the prior express written permission of eBay or the appropriate third party, as applicable. You may not copy or modify the HTML code used to generate web pages on the Site. You may not use the Site, or any other content appearing on the Site, on or in connection with any other website for any purpose.
(a) RedLaser Site Content. eBay owns or is the licensee or lawful user of the content contained in this Site including: (i) the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (individually and collectively, “Content”) and (ii) the trademarks, service marks and logos contained therein (“Marks”). The Content and Marks are provided to you “as-is” for personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Download and use of the RedLaser SDK (Software Development Kit) is subject to separate License Terms and not these Terms of Service.
(b) Third Party Website Content. Some content from third party websites may be made accessible to you via this Site for your information and personal use when using this Site. Such content is made available “as is,” and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of this Site, or as otherwise prohibited under these Terms of Service. eBay is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to any third party website content. eBay does not endorse any third party website content or any opinion, recommendation, or advice expressed therein, and eBay expressly disclaims any and all liability in connection with such content. Further, you may be exposed to third party website content that is inaccurate, offensive, indecent, or objectionable, and you expressly waive any legal or equitable rights or remedies you have or may have against eBay and will indemnify and hold eBay, its affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of this Site or any content accessed via this Site.
(c) Notice for Claims of Intellectual Property Violations and Copyright Infringement. eBay is committed to protecting the intellectual property rights of third parties.
If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing eBay’s Copyright Agent with the following information in writing (pursuant to 17 U.S.C 512(c)(3)):
1.a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
2.identification or description of the copyrighted work or other intellectual property that you claim has been infringed. If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, trademark or patent);
3.identification or description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site;
4.your address, telephone number, and email address;
5.a statement by you that you have a good faith belief that the use of the material complained of is not authorized by the copyright or intellectual property owner, its agent, or the law; and
6.a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
eBay’s agent designated to receive claims of copyright or other intellectual property infringement may be contacted as follows:
Attn: Copyright Agent
583 West eBay Way
Draper, Utah 84020
All content available on the Site, including site design, text, graphics, interfaces and the selection of arrangements thereof, is copyrighted by eBay Inc. with all rights reserved, or is the property of eBay Inc. or third parties protected by intellectual property rights.
4. Grant of Rights and Ownership. eBay grants you permission to access, use and link to this Site solely as intended through the provided functionality of the Site, and only in accordance with these Terms of Service. eBay retains all ownership rights in the eBay name, trademarks, and logos (collectively, “eBay Marks”), RedLaser, and all related intellectual property rights. eBay further grants you a limited, revocable, worldwide, non-exclusive, non-sub licensable, and non-transferrable license to use the eBay Marks to link to this Site. eBay Marks may not be used in connection with any product or service that is not provided on the Site or in any matter that (i) is likely to cause confusion among customers or (ii) disparages or discredits eBay. Any other use of the eBay Marks or any eBay intellectual property is prohibited. eBay reserves all rights not expressly granted to you herein.
5. Representations and Warranties. You represent and warrant that:
(a) you will not use, copy, or distribute in any medium any part of this Site without eBay’s prior written authorization;
(b) you will not alter or modify any part of this Site nor circumvent, disable or otherwise interfere with security, copy-protection, or use-restriction features of the Site;
(c) access the Site through any technology or means other than as explicitly authorized by eBay (e.g. via any automated system, including without limitation, “robots” or “spiders”);
(d) you will not use the Site for any commercial use without the prior written authorization of eBay. Prohibited commercial uses include selling access to this Site on another website, using this Site for primarily gaining advertising or subscription revenue, or soliciting users of the Site for commercial purposes; and
(e) you will not collect any personally identifiable information from the Site.
6. DISCLAIMER. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, EBAY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS SITE AND YOUR USE THEREOF. EBAY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE. EBAY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) CONTENT (INCLUDING THIRD PARTY CONTENT), (B) PERSONAL INJURY OR PROPERTY DAMAGE (OF ANY NATURE) RESULTING FROM YOUR USE OF THIS SITE, (C) UNAUTHORIZED ACCESS TO OUR SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN, (D) INTERRUPTION OF THE SITE, (E) BUGS, VIRUSES, OR SIMILAR CODE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, OR (F) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE IN ANY MANNER VIA THIS SITE. EBAY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THIS SITE. EBAY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY INTERACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDER OF PRODUCTS OR SERVICES.
7. LIMITATION OF LIABILITY. IN NO EVENT WILL EBAY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (A) CONTENT (INCLUDING THIRD PARTY CONTENT), (B) PERSONAL INJURY OR PROPERTY DAMAGE (OF ANY NATURE) RESULTING FROM YOUR USE OF THIS SITE, (C) UNAUTHORIZED ACCESS TO OUR SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN, (D) INTERRUPTION OF THIS SITE, (E) BUGS, VIRUSES, OR SIMILAR CODE WHICH MAY BE TRANSMITTED TO OR THROUGH THIS SITE BY ANY THIRD PARTY, OR (F) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE IN ANY MANNER VIA THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EBAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EBAY’S CUMULATIVE LIABILITY UNDER ANY LEGAL THEORY SHALL NOT EXCEED US$100.
8. Indemnity. You will defend, indemnify and hold harmless eBay, its affiliates and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to this Site; (b) your violation of any term of these Terms of Service; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim that your use of this Site caused damage to a third party. Your indemnity obligation survives these Terms of Service or your use of this Site.
9. Assignment. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by eBay without restriction at any time.
10. Miscellaneous. eBay reserves the right to discontinue RedLaser, this Site, or any aspect thereof at any time with or without notice, and without any liability to you. This Site is based in the United States and is a passive website that does not give rise to personal jurisdiction over eBay, either specific or general, in jurisdictions other than California. eBay makes no representations that this Site is appropriate or available for use in locations other than the United States. Those who access or use this Site from other jurisdictions are responsible for compliance with their local laws. These Terms of Service are governed by the laws of the United States of America and the State of California, without respect to its conflict of laws principles.
These Terms of Service and any other legal notices published by eBay on this Site constitute the entire agreement between you and eBay concerning your use of this Site. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms of Service, which remain in full force and effect. No waiver of any term of these Terms of Service is a further or continuing waiver of such term or any other term, and eBay’s failure to assert any right or provision under these Terms of Service does not constitute a waiver of such right or provision. Nothing herein constitutes an employment, joint venture, or partnership relationship between you and eBay. You are not the agent or authorized to act as the agent of eBay in any respect.