Applications (Apps for eBay) TERMS OF USE

These Applications Terms of Use are in addition to the eBay User Agreement and Privacy Policy of the site of your registration, which remain in full force and effect and are incorporated herein by this reference. Access to the Apps center is one of the "services" eBay may offer on the eBay websites and these Terms of Use supplement the eBay User Agreement.

You are contracting with an eBay company (individually and collectively referred to as "eBay," "we," or "us") determined by your country of residence. For example and as listed in the chart of eBay companies linked above, if you reside in the United States, you are contracting with eBay Inc. By accepting these Terms of Use, you are representing and warranting that you have the authority to bind the party using the Selling Manager Application and you and that party are collectively referred to as "you" or "your" in these Terms of Use.

SERVICES

eBay offers you access to Apps, many of which are offered to you by third parties from within the eBay platform ("Third Party Services"). Third Party Services are intended to interoperate with the eBay site and services. When you use Third Party Services, any exchange of data and payment relationship is between you and the provider of the Third Party Services. We do not warrant or support Third Party Services, whether or not they are designated by us as "certified" or "approved" or some similar designation. There is no requirement that you use Third Party Services. You represent and warrant that you will comply with all laws, statutes, ordinances, and regulations that apply to your use of Apps.

DATA

If you install or enable Third Party Services for use with the eBay site and services, you acknowledge that you authorize us to allow providers of those Third Party Services to access data or information you make available to eBay through your use of eBay's site and services ("Your Data") if such access is required for the interoperation of the Third Party Services with the eBay site and services. We shall not be responsible for any acts or omissions by Third Party Services providers. You may unsubscribe from Third Party Services at any time.

Please note that use of Third Party Services may involve the exchange of data between eBay's systems and those of Third Party Services providers. This may result in the modification or deletion of your data by such Third Party Services and/or their providers. eBay is not responsible for such modifications and/or deletions made by third parties. If you have questions or concerns about the processing or handling of Your Data by Third Party Services providers, please contact those providers directly.

THIRD PARTY SERVICES TERMS OF USE

You are responsible for understanding the terms of use and privacy policy applicable to any Third Party Services ("Third Party Terms"). These Third Party Terms are between you and the provider of the Third Party Services and they govern your rights and obligations with respect to the Third Party Services, including but not limited to: payment, termination, refunds, use of Your Data, etc. Certain subscription plans may require upfront payments without providing any refund, credit, or proration even if you unsubscribe or terminate the Apps so make sure you read all terms carefully. 

RATINGS & REVIEWS

In the event that eBay allows you to post reviews or ratings of applications you have used ("Reviews"), the following rules apply:

  • You may post only one Review per application that you have used (unless the subsequent Review reflects a good faith rating change based on further evaluation);
  • If you post a Review of your own application or a competitor's application, you must disclose your affiliation;
  • You may not post content unrelated to the review or rating of an Application;
  • Posting of hypertext links to third-party sites is discouraged, unless relevant to the Review (e.g., a link to a publication containing a review of the relevant application).
  • Your Review may not contain content that:
    • Is inconsistent with the eBay User Agreement;
    • Constitutes advertising or any other form of commercial solicitation;
    • Is false, misleading, inaccurate, defamatory, libelous or contains profanity or patently vulgar language; 
    • Impersonates any other person or entity, including an eBay employee.

eBay reserves the right, in our sole discretion and for any reason at any time, to remove or edit any Review. Reviews are "content" you submit and will be treated as such under the eBay User Agreement.

INFORMATION IN MY EBAY & FEE STATEMENT

As a courtesy, eBay may display information about Apps and/or related fees and charges. eBay will display information as recorded or reported to it by you and/or Third Party Service providers so you should keep your own records. For example, some information, such as direct refunds or other payment related transactions between you and the Third Party Service provider that are conducted outside the Apps platform may not appear on the statement in My eBay. Fees and charges are in US dollars and if your currency is different, conversions to US dollars will be based on Bloomberg or a similar service.

CUSTOMER SERVICE

If you have questions relating to an Apps (including questions about functionality, support, fees or charges, etc.) please contact the provider of your App.

TERMINATION & SUSPENSION

You must pay using the managed billing platform so that information in My eBay (and your Application fee statement) will reflect such payment. Your access to an App may be terminated or suspended for past due payments as reflected in the Application fee statement.

In the event that you violate any of eBay's terms and/or policies or Third Party Terms or if your eBay account is suspended or terminated, your access to any or all Apps may be terminated or suspended. Such suspension or termination may not relieve your obligation to pay fees relating to such App. 

We may in our sole discretion discontinue or change some or all of the services offered in connection with Apps or the associated fees at any time. Any changes are effective after we provide you with at least fourteen (14) days' notice of the changes by posting the changes on the eBay site and/or sending you notice of changes by email. eBay reserves the right, in our sole discretion, to suspend or permanently terminate access to an App immediately if we believe you or a provider of anApp violated our terms or expose us or you to potential financial loss or legal liability.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Much of the content posted on the Apps section of the eBay site is provided by third parties ("Third Party Content"). Third Party Services and Third Party Content are the sole responsibility of the originator of such service and/or content.  EBAY IS NOT RESPONSIBLE FOR ANY THIRD PARTY SERVICES OR THIRD PARTY CONTENT, WHETHER OR NOT IT WAS REVIEWED, CERTIFIED, OR MODERATED BY EBAY. 

YOU AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON THIRD PARTY SERVICES AND/OR THIRD PARTY CONTENT. EBAY DOES NOT IN ANY WAY WARRANT THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT, OR QUALITY OF ANY THIRD PARTY SERVICES AND/OR THIRD PARTY CONTENT, REGARDLESS OF WHO ORIGINATED THAT CONTENT (INCLUDING EBAY EMPLOYEES, PARTNERS, AFFILIATES, OR MODERATORS). EBAY HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, RELATING THE THIRD PARTY SERVICES OR THIRD PARTY CONTENT. 

EBAY, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS WILL HAVE NO DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER LIABILITY WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR YOUR USE OF OR RELIANCE ON ANY THIRD PARTY SERVICES AND/OR THIRD PARTY CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LIABILITY AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN THE EVENT THAT THE ABOVE IS NOT ENFORCEABLE, EBAY'S AGGREGATE LIABILITY UNDER THESE TERMS OF USE IS LIMITED TO AMOUNTS PAID OR PAYABLE TO EBAY BY YOU FOR THE SELLING MANAGER APPLICATIONS SERVICES IN THE MONTH PRECEDING THE CLAIM. IN THE EVENT THAT THE FORMER LIMITATION OF LIABILITY IS HELD UNENFORCEABLE BY A COMPETENT COURT, EBAY'S AGGREGATE LIABILITY IS IN ANY CASE LIMITED TO $25,000 PER EVENT, A SERIES OF EVENTS BEING CONSIDERED AS ONE SINGLE EVENT.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless eBay and its subsidiaries, affiliates, officers, agents, and employees from any claim, including reasonable attorneys fees, made by any third party arising out of Third Party Content you submit or post to the eBay website, your use of the Apps section of eBay website, your use of Third Party Services, your violation of these Apps Terms of Use, or your violation of any law, regulation, or the rights of a third party.

CHOICE OF LAW AND VENUE

Claims arising out of or relating to these Terms of Use will be governed by the laws of the State of California (excluding its choice of law rules). Any cause of action arising under or relating to these Terms of Use must be brought exclusively in a court in Santa Clara County, California.

MISCELLANEOUS

These Terms of Use forth the entire understanding and agreement between us with respect to its subject matter and supersede all other documents, writings, or agreements, contemporaneous and prior. eBay's failure to enforce any provision of these Terms of Use will not be construed as a waiver of any provision or right. In the event that a portion of these Terms and Conditions is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. eBay will not be liable in any amount for failure to perform any obligation under these Terms and Conditions if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of such party, including without limitation Internet outages, communications outages, fire, flood, war or act of God. Each party shall comply with the export laws and regulations of the United States and other applicable jurisdictions.

The parties hereto confirm that they have requested, acknowledge, and agree that this Agreement and all attachments and related documents be drafted in English. 

Les parties confirment qu'elles ont demandé que ce Contrat et tous les avenants et documents y relatifs soient rédigés en anglais et acceptent et conviennent expressément que ce Contrat soit rédigé en anglais. 

Die Parteien des Vertrags bestätigen, dass sie sich aufgrund des beiderseitigen Wunschs geeinigt haben, dass der Vertrag und alle Anlagen und damit in Zusammenhang stehenden Dokumente in englischer Sprache verfasst werden.