That same set of rules you linked to says this:
What should I do if my image, video or text is being used by another seller?
When you create listings you give eBay and its customers permission, through our User Agreement, to use your images, videos and product details. Your content may be added to the eBay product catalog, and may be used by other sellers in their eBay listings.You may contact the seller and ask them to remove your image or text if it is not part of the eBay product catalog.
So it sounds like other users can use an image from another user and steer clear of their TOS rules. However, when I buy a chip, I want to see a picture of the actual chip I am buying so I can make a judgement of it's condition...
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