Originally Posted by Lenny
Three people. One is inside a shop - the seller. The second is outside, looking at things in the window - the buyer. The third is the person who owns the property the shop is in, who also acts as a "middle man", taking information from the seller to the buyer and vice versa. As the shop and the shop window are prime property, eBay charges the seller a small fee to have both the shop and things in the window. eBay then goes and stands outside to wait for people ...
But as you describe it, the third person has gone far beyond just being the landlord and become an active participant in the sale. By actively participating (not just renting space) he should accept some of the responsibility.
And as for the terms that users have to agree to -- some contracts are not legally enforceable. Someone may ask you to sign a waiver and all the time they know that it's not really binding, but they don't expect you to know that (and in most case they're right).