TERMS OF SERVICE

(Rev. 29 Oct. 2009, Effective 29 Oct. 2009)

These Terms of Service may change from time to time; you are responsible for reviewing these Terms of Service periodically for any changes.   

1.         Acceptance of the Terms of Service.  By visiting or using this website (the “Inside Source” or “"TIS"), you are expressly agreeing to these terms and conditions (the “Terms of Service”) and the TIS Privacy Policy. “eBay” as used in these Terms of Service means eBay, Inc., including all affiliates and subsidiaries and their successors and assigns.  If you do not agree to the Terms of Service, please do not use TIS.  By using TIS, you affirm you are 13 years of age or older, or an emancipated minor, or possess legal parental or guardian consent to use TIS, and are fully able and competent to enter into, accept, and comply with these Terms of Service.  TIS is not intended for children under 13.  If you are under 13 years of age, please do not use TIS.

2.         User Submissions.  In order to post a comment or submit any content, including but not limited to story ideas, article ideas, suggestions, or articles themselves, to TIS (“User Submissions”), you must affirmatively accept these Terms of Service by checking a box labeled “I Agree.”  eBay does not guarantee any confidentiality with respect to any User Submission, including your identity, regardless of whether a User Submission is posted or not, and you agree to allow (but not require) the use of your name or the name you submit to TIS in connection with your User Submissions.  Additionally, TIS may be moderated and you may therefore not see your User Submissions posted in a timely fashion, or at all, in eBay’s sole discretion.  Multiple User Submissions of the same content are prohibited.  Your User Submission may be modified by eBay to comply with these Terms of Service.

3.         Newsletter Subscription.  If you agreed to sign up for the TIS Newsletter, you also accept these Terms of Service and explicitly agree that you authorize TIS to send you communications by email, including but not limited to the TIS Newsletter, which shall contain a link allowing you to Unsubscribe at any time.  All content in the TIS Newsletter, and your relationship with the TIS Newsletter, shall be governed by these Terms of Service.

4.         Links.

(a)        “Share Functionality” and Third Party Websites.  TIS utilizes social networking “share functionality” and may also contain links to third party websites, blogs, or RSS feeds that are not owned or controlled by eBay.  eBay has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party website.  By using TIS, you expressly relieve eBay from any and all liability arising from your use of any third-party website accessed from TIS.

(b)        Linking Policy.  TIS welcomes you to add our homepage to your website or blog, provided that: (i) you don’t misrepresent any relationship between you and TIS, or imply that TIS or eBay endorse or approve of your website or blog; and (ii) that your website or blog is consistent with the Terms of Service. 

5.         TIS Content.

(a)        Excluding all User Submissions, eBay owns or is the licensee or lawful user of the content contained in TIS including (1) the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (individually and collectively, "Content") and (2) the trademarks, service marks and logos contained therein ("Marks").  The Content and Marks are provided to you “as-is” for personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. 

(b)        User Submissions are made available to you for your information and personal use.  User Submissions are made available "as is," and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of TIS or otherwise as prohibited under these Terms of Service.

(c)        When using TIS, you will be exposed to User Submissions from a variety of sources.  eBay is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions.  eBay does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and eBay expressly disclaims any and all liability in connection with all User Submissions. .Further, you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you expressly waive any legal or equitable rights or remedies you have or may have against eBay and will indemnify and hold eBay, its affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of TIS.

6.         Ownership and Grant of Rights. 

(a)        You retain all of your ownership rights in your User Submissions except as specifically provided in this Section 6(a).  By submitting your User Submissions to eBay, you hereby grant eBay a worldwide, non-exclusive, royalty-free, fully paid-up, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with TIS and eBay's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of TIS (and derivative works thereof) in any media formats and through any media channels now known or later invented.  eBay is not required to designate you as the author or creator of your User Submission and you expressly waive any “artist’s rights” or “moral rights” you may have in your User Submission.  You also grant each user of TIS a non-exclusive license to access your User Submissions through TIS, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of TIS now and in the future, and under these Terms of Service.  The license grant from you for any User Submission is perpetual and irrevocable. 

(b)        eBay grants you permission to access and use TIS and User Submissions for your personal use solely as intended through the provided functionality of TIS, and only in accordance with these Terms of Service.  eBay retains all ownership rights in the eBay name, trademarks, and logos (collectively, “eBay Marks”),  eBay TIS (excluding User Submissions), and all related intellectual property rights.  eBay further grants you a limited, revocable worldwide, non-exclusive, non-sublicensable, and non-transferrable license to use the eBay Marks in your User Submission solely in a descriptive manner to describe www.ebay.com and activities related to www.ebay.com. Any other use of the eBay Marks or any eBay intellectual property is prohibited.  eBay reserves all rights not expressly granted to you herein.

7.         Representations and Warranties.  You are solely responsible for your User Submissions and the consequences of posting or publishing them.  You represent and warrant that:

(a)        for each User Submission submitted by you, if represented as factual your User Submission is true and accurate and you are the original author and creator of your User Submission and (i) you are the sole and exclusive owner of all rights in and to all content used in your User Submission or (ii) you have the express written permission to use such content from the content’s owner(s).  If your User Submission contains content not owned by you, you must be able to provide written legal releases (in a form satisfactory to eBay) that permits your inclusion and use of such content on TIS, and that demonstrates that the use is in accordance with these Terms of Service;

(b)        your User Submission is not obscene, offensive, libelous, pornographic, threatening, or abusive and does not contain illegal or otherwise objectionable content, nor does it encourage a criminal offense or otherwise give rise to liability or violate any law or otherwise infringe upon any person or entity's intellectual property or personal rights;

(c)        your User Submission fully complies with these Terms of Service (which may be updated from time to time) and applicable local, national, and international laws and regulations;

(d)       you will not use, copy, or distribute in any medium any part of TIS, including any User Submissions, without eBay's prior written authorization;

(e)        you will not alter or modify any part of TIS nor circumvent, disable or otherwise interfere with security, copy-protection, or use-restriction features of TIS;

(f)        access User Submissions or TIS through any technology or means other than as explicitly authorized by eBay (e.g. via any automated system, including without limitation, "robots" or "spiders”);

(g)        you will not use TIS or the communication or “share functionality” provided by TIS for any commercial use, without the prior written authorization of eBay.  Prohibited commercial uses include selling access to TIS on another website, using TIS for primarily gaining advertising or subscription revenue, or soliciting users of TIS for commercial purposes; and

(h)        you will not collect any personally identifiable information from TIS. 

8.         Account Termination Policy.  eBay will terminate a User's access to TIS if, in eBay’s sole discretion, it is determined to be in violation of these Terms of Service.  eBay reserves the right to decide whether any User Submission is appropriate and complies with these Terms of Service.  eBay, in its sole discretion, may remove any User Submission, or terminate a User's access at any time, without prior notice. 

9.         User Submission Removal.  eBay is committed to protecting the intellectual property rights of third parties on TIS, and eBay will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights.  eBay reserves the right to remove Content and User Submissions without prior notice.

10.       How to Report Content to eBay.

If you believe that your rights have been violated, please notify us by emailing .(JavaScript must be enabled to view this email address) or writing to TIS’s designated agent for notice of claims of copyright or other intellectual property infringement, at The Inside Source, Attention: Copyright Agent, 2145 Hamilton Ave, San Jose, CA 95125.

Please provide the following in any notice of alleged infringement:

• identification of the material on TIS that you claim is infringing, with enough detail so that we may locate it on the website (e.g., provide link and description);

• identification of the rights (or works if relevant) claimed to have been infringed;

• a statement by you that you have a good faith belief that the disputed use is not authorized by the rights owner, its agent or the law;

• a statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) you are the rights owner or you are authorized to act on behalf of that rights owner;

• your address, telephone number and email address; and

• your physical or electronic signature.

11.       DISCLAIMER.  YOUR USE OF TIS IS AT YOUR SOLE RISK.  TO THE FULLEST EXTENT PERMITTED BY LAW, EBAY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE TIS AND YOUR USE THEREOF.  EBAY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF USER SUBMISSIONS, CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE TIS.  EBAY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) CONTENT OR USER SUBMISSION, (B) PERSONAL INJURY OR PROPERTY DAMAGE (OF ANY NATURE) RESULTING FROM YOUR USE OF THE TIS, (C) UNAUTHORIZED ACCESS TO OUR SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN, (D) INTERRUPTION OF THE TIS, (E) BUGS, VIRUSES, OR SIMILAR CODE WHICH MAY BE TRANSMITTED TO OR THROUGH THE TIS BY ANY THIRD PARTY, OR (F) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE IN ANY MANNER VIA THE TIS.  EBAY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE TIS.  EBAY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY INTERACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDER OF PRODUCTS OR SERVICES.

12.       LIMITATION OF LIABILITY.  IN NO EVENT WILL EBAY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (A) CONTENT OR USER SUBMISSION, (B) PERSONAL INJURY OR PROPERTY DAMAGE (OF ANY NATURE) RESULTING FROM YOUR USE OF THE TIS, (C) UNAUTHORIZED ACCESS TO OUR SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN, (D) INTERRUPTION OF THE TIS, (E) BUGS, VIRUSES, OR SIMILAR CODE WHICH MAY BE TRANSMITTED TO OR THROUGH THE TIS BY ANY THIRD PARTY, OR (F) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE IN ANY MANNER VIA THE TIS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EBAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THE FOREGOING LIMITATION OF LIABILITY APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW.  EBAY IS NOT LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT EBAY’S CUMULATIVE LIABILITY UNDER ANY LEGAL THEORY SHALL NOT EXCEED $100.

13.       Indemnity.  You will defend, indemnify and hold harmless eBay, its affiliates and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to TIS; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any User Submission of yours caused damage to a third party.  Your indemnity obligation survives these Terms of Service, your use of TIS, or any termination of your eBay user account.

14.       Assignment.  These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by eBay without restriction at any time.

15.       Miscellaneous.  eBay reserves the right to discontinue TIS or any aspect thereof at any time.  TIS is solely based in California and is a passive website that does not give rise to personal jurisdiction over eBay, either specific or general, in jurisdictions other than California.  eBay makes no representations that TIS is appropriate or available for use in locations other than the United States.  Those who access or use TIS from other jurisdictions are responsible for compliance with their local laws.  These Terms of Service are governed by the laws of the State of California, without respect to its conflict of laws principles.  ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO TIS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

These Terms of Service and any other legal notices published by eBay on TIS constitute the entire agreement between you and eBay concerning TIS.  If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms of Service, which remain in full force and effect.  No waiver of any term of these Terms of Service is a further or continuing waiver of such term or any other term, and eBay's failure to assert any right or provision under these Terms of Service does not constitute a waiver of such right or provision.  Nothing herein constitutes an employment, joint venture, or partnership relationship between you and eBay. You are not the agent or authorized to act as the agent of eBay in any respect.  eBay reserves the right to amend these Terms of Service at any time and any changes to these Terms of Service will be effective thirty (30) days after the date they are posted.  You are responsible for reviewing these Terms of Service from time-to-time for any changes.  Your use of TIS following any amendment of these Terms of Service will signify your acceptance of its revised terms.

Privacy Policy

www.theinsidesource.com is owned and operated by eBay Inc. This privacy policy describes how we handle your personal information. We collect, use, and share personal information to help theinsidesourece.com work and to keep it safe. This policy is effective October 31, 2009.

Collection

When you post a comment, sign up for the newsletter, or contact us, we will collect:

• Personal information that you provide us, such as your name and email address.
• Information you provide when you participate on the site, such as the comments you post or content you send when you contact us.

Information posted on theinsidesource.com is publicly available. Our servers are located in the United States. Therefore, if you choose to provide us with personal information, you are consenting to the transfer and storage of that information on our servers in the United States.

When you browse theinsidesource.com, we collect and store your IP address and standard web log information.

Use

We use users’ personal information to:

• provide the theinsidesource.com service
• resolve disputes, troubleshoot problems and enforce our policies
• customize your experience, inform you about services and updates, and measure interest in our services
• communicate with you about theinsidesource.com updates and information
• send you the Inside Source newsletter and related information if you signed up to receive them

Disclosure

We don’t sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We will publish your name with your comments but will not publish your email address. We may disclose personal information to respond to legal requirements, enforce our policies, respond to claims that a posting or other content violates other’s rights, or protect anyone’s rights, property, or safety. We may also share personal information with service providers who help with our business operations, and with members of our corporate family, who may provide joint content and services and help detect and prevent potentially illegal acts.

Access, Modification and Deletion

We delete personal information when we no longer need it for the purposes we described earlier. We retain personal information as permitted by law to resolve disputes, enforce our policies, and prevent bad guys from coming back. To access or correct your information, or to unsubscribe from our newsletter please contact us.

Security

We use lots of tools (encryption, passwords, physical security) to protect your personal information against unauthorized access and disclosure, but as you probably know, nothing’s perfect, so we make no guarantees.

General

We may update this policy at any time, with updates taking effect when you next post or thirty (30) days after the updated policy is posted to theinsidescource.com, whichever is sooner. If we or our corporate affiliates are involved in a merger or acquisition, we may share personal information with another company, but this policy will continue to apply. For questions about this policy email us at contact us or write to us at eBay Inc. Attn: Legal – Global Privacy Practices, 2145 Hamilton Ave, San Jose, CA 95125.