When
you access eBidz services using an eBidz mobile application, additional terms
of use apply.
Your
use of eBidz mobile device applications confirms your agreement to these terms.
Yes. You'll
need to follow these terms whenever you access eBidz services on a mobile
device using an eBidz mobile application, as well as adhering to the terms set
out in the eBidz
User Agreement.
If
you don't agree to these terms, then you shouldn't use any eBidz mobile
applications.
If
you're accessing eBidz from a mobile device using an eBidz Mobile Application
(the "Application"), the following terms and conditions ("Terms
of Use") apply to you in addition to the User Agreement. Your use of the
Application confirms your agreement to these Terms of Use
Application Use. eBidz grants you the right to use the
Application only for your personal use. You must comply with all applicable
laws and third party agreements (e.g. your wireless data service agreement)
when using the Application, which may not contain the same functionality
available on eBidz websites.
Intellectual Property. eBidz owns, or is the licensee to, all
right, title, and interest in and to its Applications, including all rights
under patent, copyright, trade secret, trademark, or unfair competition law,
and any and all other proprietary rights, including all applications, renewals,
extensions, and restorations thereof. You will not modify, adapt, translate,
prepare derivative works from, de-compile, reverse-engineer, disassemble, or
otherwise attempt to derive source code from any Application and you will not
remove, obscure, or alter eBidz's copyright notice, trademarks or other
proprietary rights notices affixed to, contained within, or accessed in
conjunction with or by any eBidz Application.
Prohibited Countries Policy and Foreign Trade
Regulation. Applications
or their underlying technology may not be downloaded to or exported or
re-exported: (a) into (or to a resident or national of) any country subject to
United States embargo; (b) to anyone on the U.S. Department of the Treasury’s
list of Specially Designated Nationals or on the U.S. Department of Commerce’s
Denied Party or Entity List; and (c) to any prohibited country, person,
end-user, or entity specified by U.S. export laws. When using an Application,
you are responsible for complying with trade regulations and both foreign and
domestic laws (e.g., you are not located in a country that is subject to a U.S.
government embargo, or that has been designated by the U.S. government as a
"terrorist supporting" country, and you are not listed on any U.S.
government list of prohibited or restricted parties).
Additional Terms. Additional terms and conditions that
apply to you based on the mobile device the Application is installed on:
1. These Terms of Use are an agreement between
you and eBidz, and not with Apple. Apple is not responsible for the Application
and the content thereof.
2. eBidz grants you the right to use the
Application only on an iOS product that you own or control and as permitted by
the Usage Rules set forth in the App Store Terms of Service.
3. Apple has no obligation whatsoever to
furnish any maintenance and support services with respect to the Application.
4. Apple is not responsible for the
investigation, defense, settlement, and discharge of any third party
intellectual property infringement claim.
5. Apple is not responsible for addressing any
claims by you or any third party relating to the Application or your possession
and/or use of the Application, including but not limited to: (a) product
liability claims; (b) any claim that the Application fails to conform to any
applicable legal or regulatory requirement; and (c) claims arising under
consumer protection or similar legislation.
6. In the event of any failure of the
Application to conform to any applicable warranty, you may notify Apple, and
Apple will refund the purchase price, if applicable, for the Application to
you; and to the maximum extent permitted by applicable law, Apple will have no
other warranty obligation whatsoever with respect to the Application.
7. Apple and Apple's subsidiaries are third
party beneficiaries of these Terms of Use, and, upon your acceptance, Apple as
a third party beneficiary thereof will have the right (and will be deemed to
have accepted the right) to enforce these Terms of Use against you.
