eBayMag.com - Terms of Use

These eBayMag Terms of Use (hereinafter “Terms of Use”) set forth the basic terms under which eBay, Inc., incorporated under the laws of California, USA, and registered at 2145 Hamilton Ave, San Jose, CA 95125 (hereinafter “eBay”), allows you to use the eBayMag system for the following purposes:

• to create, edit, and delete listings for sale of goods belonging to you on the websites - www.ebay.com, ebay.de, ebay.co.uk, ebay.fr, ebay.it, ebay.es, ebay.ca, ebay.com.au (hereinafter “eBay Local Websites”). eBay.com and the eBay Local Websites shall together be defined as the “eBay Sites”).

Preamble

eBayMag system is an interface to manage inventory and sales on eBay branded marketplace sites. It allows a seller to create, edit or delete listings, overview and improve seller performance as well as source inventory for eBay from different external web sites.

By using the eBayMag system, you warrant that you are a natural person, a legal entity or individual entrepreneur registered and operating under laws of your country of registration (hereinafter “the User”)—agree to be bound by these eBayMag Terms of Use.

Acceptance of these eBayMag Terms of Use signifies that you have read and agreed with these Terms of Use.

Basic Provisions

1. eBay grants the User the right to use the eBayMag system, and the User undertakes to use the system within the limits established by these Terms of Use and the eBayMag System Usage Rules.
2. These Terms of Use apply throughout all countries of presence of the eBay Sites (hereinafter “Territory”).

Rights and Obligations of eBay and the User

1. Rights and obligations of eBay:
   • eBay has the right to modify the eBayMag system, including its design and content at any time;
   • eBay does not offer any guarantees as to proper operation of the eBayMag system or availability of uninterrupted access to it.

2. Rights and Obligations of the User:
   • The User shall have a registered seller account on the eBay Sites before accepting these Terms of Use of the eBayMag system.
   • The User shall honor the laws of his/her country of registration including, but not limited to tax legislation, registration and incorporation laws, rules of distant commercialization of goods and services, export laws, as well as the provisions set forth in these Terms of Use when publishing on the eBay Sites any product listings for purposes of offering them for sale; and the rules posted on the eBay Sites.
   • The User shall refrain from using the eBayMag system for publishing product listings with respect to goods whose circulation is restricted or whose sale and/or export from your country of registration is prohibited under the law of your country of registration and/or restricted or forbidden for sale under the rules of the eBay Site on which you registered.
   • The User shall refrain from using the eBayMag system for publishing on the eBay Sites any materials containing viruses, trojans, worms, malware, phishing software, or other computer applications that can harm the eBayMag system, the eBay Sites, or their users.

eBayMag System Usage Rules

1. The User hereby acknowledges that eBay does not make any representation and does not offer any guarantees of any kind in relation to eBayMag , and all representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement are hereby disclaimed. The operation of the eBayMag system, its functionalities, its interface and/or access to it may be discontinued, modified, altered or changed, in all or in part, for a limited period of time or indefinitely, at any point in time, and may also be disrupted by technical malfunctions or other circumstances beyond the control of eBay. The User hereby acknowledges that eBayMag system services are in all respects provided “as is”.

   The User shall use the eBayMag system only for lawful items and for product listings that contain information compliant with the laws of his/her country of registration and/or with the rules of the Goods Listing on the eBay Sites, including all applicable provisions of User Agreement and eBay policies.

   The User declares and warrants that (i) the offered item(s) are legitimate, not counterfeit and that the offered items and the listings do not infringe the rights of any third party, and that (ii) the User is authorized to offer, sell, and ship the item(s) within all destination countries.

2. While using the eBayMag system, the User shall not:
   • Violate any applicable laws, any third party rights, or these Terms of Use and the eBayMag System Usage Rules;
   • Use the eBayMag system for publishing product listings containing false, inaccurate, or misleading information or information that can damage the honor, dignity, or business reputation of others;
   • Transfer in any way the eBayMag system application or the User's own and user ID to another person without permission from eBay;
   • Commercialize any eBay application or any information or software relating to this application;

3. Product information to be published in product offers include, among others, information about the main consumer properties of the product, the address (place of business) of the seller, the address where the product was manufactured, the complete corporate name (name) of the seller (manufacturer), the price and terms of purchase of the product, shipping terms, the service life, shelf life, and warranty period, the payment procedure, and the period during which the product sale offer is valid.
4. It shall be prohibited to:
   • Use foreign words or expressions that may distort the meaning of information;
   • Mention that the product being advertised is recommended by national or local government agencies or their officials;
   • Demonstrate the processes of smoking or consumption of alcohulic beverages;
   • Use advertising that is missing some of the vital information about the product being advertised, about the terms on which it can be purchased or used, if this lack of information distorts the meaning or misleads the persons targeted by such advertising;

Prices and Payments

Using the system is free and requires no special skills or additional software.

Liability. Disclaimer

1. Except where these Terms of Service expressly state otherwise, the Parties shall be subject to the law of the country of registration of their eBay account.
2. eBay shall not be liable for any losses whatsoever incurred by the User in connection with the use of the eBayMag system.
3. By creating an account in the eBayMag system, you agree to take full responsibility for maintaining the confidentiality of your account and password and for controlling the access to the computer system, and you agree to accept responsibility for all activities that occur under your account.

Newsletter Subscription

By registration on ebaymag.com you are subscribing to our newsletter and agree to receive email from us. The aim of our newsletter service is to keep you updated about new software releases or new service offerings. The subscription to our newsletter service is not mandatory. You can unsubscribe in any moment in your profile. We will not communicate / spread / publish or otherwise give away your address.

Personal Data Protection

The eBay.com User Privacy Notice and the Privacy Notices posted on the eBay Local Websites apply in addition to these Terms of Use.

Intellectual Property Rights

1. eBay is not responsible for the content of product listings of the User. The User shall be solely responsible for the content of the User's product listings and for ensuring that they are accurate, free from misleading information, and compliant with these Terms of Use.
2. Product listings may contain intellectual property, trademarks, and other materials to which third parties have exclusive rights. The User may not remove the symbols of protection of intellectual property rights or other notices about exclusive rights.
3. eBay responds to reports about suspected violations of intellectual property rights (including copyright) in accordance the rules of the eBay Sites.

Governing Law and Dispute Resolution

These Terms of Use of the eBayMag System shall be governed by and construed in accordance with the law and subject to the jurisdiction of the courts applicable to the site on which you registered your eBay account.

Miscellaneous

Severability. Should any provision of these Terms of Use become invalid or unenforceable in fact or at law, all the other provisions herein shall remain in force. The Parties shall substitute this invalid or unenforceable provision with a different valid and enforceable provision that most closely reflects the legal and economic nature of the invalid provision. The same principle shall apply to any mistakes or omissions in these Terms of Use.