Users grant a perpetual, irrevocable, sublicensable license that effectively strips ownership control and waives moral rights. The license survives user deletion and allows unlimited commercial exploitation without attribution or revenue sharing.
The agreement disclaims all warranties and excludes consequential damages with a liability cap as low as $100 or actual fees paid. It lacks explicit carve-outs for gross negligence, willful misconduct, or non-waivable statutory rights.
eBay can modify the agreement with 30 days' advance notice via email/message center, but continued use constitutes acceptance without requiring active consent. Policy changes take effect immediately upon posting, and no refund mechanism is provided for material adverse changes.
eBay reserves the unilateral right to suspend or terminate accounts at its sole discretion without prior notice, cure periods, or an appeals process. Purchased content or account value is forfeited upon termination with no compensation or data export mechanism outlined.
Sellers face automatic monthly listing renewals and broad authorization for eBay to charge stored payment methods for any fees or refunds. Buyer cancellation rights are severely restricted, and late payments trigger credit bureau reporting without grace periods.
The document defers most privacy details to a separate User Privacy Notice and lacks transparent disclosures on data collection purposes, retention, or cross-border transfers. Marketing communications require consent, but automated scanning of private messages occurs without explicit individual opt-in.
All disputes are subject to mandatory individual arbitration with a strict class action and jury trial waiver. While a 30-day opt-out and local hearing options exist, the default framework heavily restricts consumer access to courts and collective redress.
Users must indemnify eBay for claims arising from their breach, improper use, or third-party rights violations, including attorney fees. The clause is reasonably fault-based but entirely one-sided with no reciprocal company indemnity.
The agreement binds users through continued use but acknowledges potential click-through acceptance, keeping it within acceptable bounds. The scope is broadly defined to encompass all sites, apps, and incorporated policies, which is standard but warrants clearer boundaries.