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• interfere with the working of our services , or impose an unreasonable or disproportionately large load on our infrastructure ;
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• export or re-export any ebay application or tool , except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions ;
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• infringe the copyright , trademark , patent , publicity , moral , database , and/or other intellectual property rights -lrb- collectively , `` intellectual property rights '' -rrb- that belong to or are licensed to ebay .
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some , but not all , actions that may constitute infringement are reproducing , performing , displaying , distributing , copying , reverse engineering , decompiling , disassembling , or preparing derivative works from content that belongs to ebay or someone else ;
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• infringe any intellectual property rights that belong to third parties affected by your use of the services or post content that does not belongs to you ;
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• commercialize any ebay application or any information or software associated with such application , except with the prior express permission of ebay ;
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• harvest or otherwise collect information about users without their consent ; or
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• circumvent any technical measures we use to provide the services .
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sellers must meet ebay 's minimum performance standards .
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failure to meet these standards may result in ebay charging you additional fees , and/or limiting , restricting , suspending , or downgrading your seller account .
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if we believe you are abusing ebay in any way , we may , in our sole discretion and without limiting other remedies , limit , suspend , or terminate your user account -lrb- s -rrb- and access to our services , delay or remove hosted content , remove any special status associated with your account -lrb- s -rrb- , remove , not display , and/or demote listings , reduce or eliminate any discounts , and take technical and/or legal steps to prevent you from using our services .
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if we believe you are violating the policy on offers to buy or sell outside of ebay , you may be subject to a range of actions , including limits on your buying and selling privileges , restrictions on listings and account features , suspension of your account , application of fees , and recovery of expenses for policy monitoring and enforcement .
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if you are a seller , you are liable for transaction fees arising out of all sales made using some or all ebay services , even if sales terms are finalized or payment is made outside of ebay .
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we may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our services .
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additionally , we reserve the right to refuse or terminate all or part of our services to anyone for any reason at our discretion .
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when a buyer or seller issue arises , we may consider the user 's performance history and the specific circumstances in applying our policies .
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we may choose to be more lenient with policy enforcement in an effort to do the right thing for both buyers and sellers .
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the fees we charge for using our services are listed on our standard selling fees page .
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we may change our seller fees from time to time by posting the changes on the ebay site 14 days in advance , but with no advance notice required for temporary promotions or any changes that result in the reduction of fees .
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you must have a payment method on file when selling on ebay and pay all fees and applicable taxes associated with our services by the payment due date .
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if your payment method fails or your account is past due , we may collect fees owed by charging other payment methods on file with us , retain collection agencies and legal counsel , and , for accounts over 180 days past due , request that paypal deduct the amount owed from your paypal account balance .
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in addition , you will be subject to late fees .
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ebay , or the collection agencies we retain , may also report information about your account to credit bureaus , and as a result , late payments , missed payments , or other defaults on your account may be reflected in your credit report .
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if you wish to dispute the information ebay reported to a credit bureau -lrb- i.e. , experian , equifax or transunion -rrb- please contact us at ebay inc. , c/o global collections , 7700 west parmer lane , building d , austin , tx 78729 .
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if you wish to dispute the information a collection agency reported to a credit bureau regarding your ebay account , you must contact the collection agency directly .
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when listing an item , you agree to comply with ebay 's rules for listing and selling practices policy and that :
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• you are responsible for the accuracy and content of the listing and item offered .
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• your listing may not be immediately searchable by keyword or category for several hours -lrb- or up to 24 hours in some circumstances -rrb- .
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ebay ca n't guarantee exact listing durations .
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• when you use the consumer seller listing tool to create listings , your fixed-price listings may renew automatically every 30 days , based on the listing terms at that time , until the quantities sell out or until you cancel the listing .
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• content that violates any of ebay 's policies may be deleted at ebay 's discretion .
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• we may revise data in the ebay product catalog to supplement , remove , or correct information ; if your listing uses catalog data that has been revised , those revisions may modify your listing accordingly .
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• we strive to create a marketplace where buyers find what they are looking for .
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therefore , the appearance or placement of listings in search and browse results will depend on a variety of factors , including , but not limited to :
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• buyer 's location , search query , browsing site , and history ;
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• item 's location , listing format , price and shipping cost , terms of service , end time , history , and relevance to the user query ;
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• seller 's history , including listing practices , detailed seller ratings , ebay policy compliance , feedback , and defect rate ; and
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• number of listings matching the buyer 's query .
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• to drive a positive user experience , a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer .
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• some advanced listing upgrades will only be visible on certain services .
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• ebay 's duplicate listing policy may also affect whether your listing appears in search results .
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• metatags and url links that are included in a listing may be removed or altered so as to not affect third-party search engine results .
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• we may provide you with optional recommendations to consider when creating your listings .
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such recommendations may be based on the aggregated sales and performance history of similar sold and current listings ; results will vary for individual listings .
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to drive the recommendations experience , you agree that we may display the sales and performance history of your individual listings to other sellers .
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when buying an item , you agree to the rules for buyers and that :
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• you are responsible for reading the full item listing before making a bid or commitment to buy .
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• you enter into a legally binding contract to purchase an item when you commit to buy an item , your offer for an item is accepted , or if you have the winning bid -lrb- or your bid is otherwise accepted -rrb- .
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• for motor vehicles and real estate , a bid or offer initiates a non-binding transaction representing a buyer 's serious expression of interest in buying the seller 's item and does not create a formal contract between the buyer and the seller .
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• we do not transfer legal ownership of items from the seller to the buyer .
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• utah code annotated § 70a-2-401 -lrb- 2 -rrb- and uniform commercial code § 2-401 -lrb- 2 -rrb- apply to the transfer of ownership between the buyer and the seller , unless the buyer and the seller agree otherwise .
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international buying and selling ; translation
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many of our services are accessible to international sellers and buyers .
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we may offer certain programs , tools , and site experiences of particular interest to international sellers and buyers , such as estimated local currency conversion and international shipping calculation tools .
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sellers and buyers are responsible for complying with all laws and regulations applicable to the international sale , purchase , and shipment of items .
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if you purchase an item on an ebay site other than ebay.com , you are subject to the user agreement of that other ebay site with respect to that particular purchase .
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you may list your items directly on one or more of ebay 's international sites .
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additionally , you may direct us to display your listing on ebay sites other than the original ebay listing site , including where you choose to list an item with an international shipping option -lrb- such as worldwide shipping or the global shipping program -rrb- ; the appearance of your listings on these sites is not guaranteed .
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when you sell your items internationally , you agree to be subject to that other site 's user agreement , policies , and the ebay international selling policy .
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you may restrict international buyers from purchasing your items if you explicitly exclude international shipping from your listings and apply an exclusion list to your listings .
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you authorize us to use automated tools to translate your ebay content and member-to-member communications , in whole or in part , into local languages where such translation solutions are available .
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we may provide you with tools which will enable you to translate content at your request .
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the accuracy and availability of any translation are not guaranteed .
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when providing content using the services -lrb- directly or indirectly -rrb- , you grant us a non-exclusive , worldwide , perpetual , irrevocable , royalty-free , sublicensable -lrb- through multiple tiers -rrb- right to exercise any and all intellectual property rights -lrb- as defined above -rrb- you have in that content in connection with our provision , expansion , and promotion of the services , in any media known now or developed in the future .
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to the fullest extent permitted under applicable law , you waive your right to enforce against ebay , our assignees , our sublicensees , and their assignees your intellectual property rights in that content in connection with our , those assignees ' , and those sublicensees ' use of that content .
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you represent and warrant that , for all such content you provide , you own or otherwise control all necessary rights to do so and to meet your obligations under this agreement .
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you represent and warrant that such content is accurate .
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you represent and warrant that use of any such content -lrb- including derivative works -rrb- by us , our users , or others in contract with us , and in compliance with this agreement , does not and will not infringe any intellectual property rights of any third party .
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ebay takes no responsibility and assumes no liability for any content provided by you or any third party .
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we may offer catalogs including , for example , product images , descriptions and specifications that are provided by third parties -lrb- including ebay users -rrb- .
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you may use catalog content solely in your ebay listings .
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the permission to use catalog content is subject to modification or revocation at any time at ebay 's sole discretion .
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while we try to offer reliable data , we can not promise that the catalogs or other content provided through the services will always be available , accurate , complete , and up-to-date .
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as a buyer , you agree that ebay is not responsible for examining or warranting the listings or content provided by third parties through the services , and that you will not attempt to hold us liable for any inaccuracies .
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as a seller , it is your responsibility to review the content of your listings for accuracy and that you will not attempt to hold our catalog providers or us responsible for inaccuracies .
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the catalog may include copyrighted , trademarked or other proprietary materials .
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you agree not to remove any copyright , proprietary , or identification markings included within the catalogs and not to create any derivative works based on catalog content -lrb- other than by including them in your listings -rrb- .
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the name `` ebay '' and other ebay marks , logos , designs , and phrases that we use in connection with our services are trademarks , service marks , or trade dress of ebay in the u.s. and other countries .
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they may not be used without the express written prior permission of ebay .
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a non-exhaustive list of our trademarks and the policy governing their use is available here .
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notice for claims of intellectual property violations and copyright infringement pursuant to section 512 -lrb- c -rrb- of title 17 of the united states code
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we respond to notices of alleged copyright infringement under the united states digital millennium copyright act .
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ebay 's verified rights owner -lrb- vero -rrb- program works to ensure that listed items and content on our site or in our apps do not infringe upon the copyright , trademark , or certain other intellectual property rights of third parties .
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if you believe that your intellectual property rights have been infringed , please notify our vero team and we will investigate .
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learn how to submit a notice to ebay .
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to protect ebay from risk of liability for your actions as a seller , ebay has at times recommended , and may continue to recommend , that paypal restrict access to funds in a seller 's paypal account based on certain factors , including , but not limited to , selling history , seller performance , returns , riskiness of the listing category , transaction value , or the filing of an ebay money back guarantee case .
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this may result in paypal restricting funds in your paypal account .
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authorization to contact you ; recording calls ; analyzing message content
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ebay may contact you using autodialed or prerecorded calls and text messages , at any telephone number that you have provided us , to : -lrb- i -rrb- notify you regarding your account ; -lrb- ii -rrb- troubleshoot problems with your account ; -lrb- iii -rrb- resolve a dispute ; -lrb- iv -rrb- collect a debt ; -lrb- v -rrb- poll your opinions through surveys or questionnaires ; or -lrb- vi -rrb- as otherwise necessary to service your account or enforce this user agreement , our policies , applicable law , or any other agreement we may have with you .
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ebay may also contact you using autodialed or prerecorded calls and text messages for marketing purposes -lrb- e.g. , offers and promotions -rrb- , if you consent to such communications .
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as described in our user privacy notice , ebay may collect other telephone numbers for you and may place manual non-marketing calls to any of those numbers and autodialed non-marketing calls to any landline .
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standard telephone minute and text charges may apply and may include overage fees if you have exceeded your plan limits .
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if you do not wish to receive such communications , you may change your communications preference at any time , including through the communication preferences section of your my ebay .
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ebay may share your telephone number with its authorized service providers as stated in our user privacy notice .
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these service providers may contact you using autodialed or prerecorded calls and text messages , only as authorized by ebay to carry out the purposes we have identified above .
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ebay may , without further notice or warning and in its discretion , monitor or record telephone conversations you or anyone acting on your behalf has with ebay or its agents for quality control and training purposes , or for its own protection .
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ebay 's automated systems scan and analyze the contents of every message sent through its messages platform , including messages between users , to detect and prevent fraudulent activity or violations of ebay 's user agreement , including the incorporated terms , notices , rules , and policies .
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this scanning and analysis may occur before , during , or after the message is sent , or while in storage , and may result in your message being delayed or withheld .
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ebay may store message contents , including to conduct this scanning and analysis .
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if ebay provides you with information about another user , you agree you will use the information only for the purposes that it is provided to you .
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