Application and Acceptance of the Terms
You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with FEISTATION.COM, or (b) you are not permitted to receive any Services under the laws of China or other countries / regions including the country / region in which you are resident or from which you use the Services.
You acknowledge and agree that FEISTATION.COM may amend any Terms at any time by posting the relevant amended and restated Terms on the Site. By continuing to use the Services or the Site, you agree that the amended Terms will apply to you.
If FEISTATION.com has posted or provided a translation of the English language version of the Terms, you agree that the translation is provided for convenience only and that the English language version will govern your uses of the Services or the Site.
You may be required to enter into a separate agreement, whether online or offline, with FEISTATION.COM or our affiliate for any Service ("Additional Agreements"). If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service concerned.
The Terms may not otherwise be modified except in writing by an authorized officer of FEISTATION.COM.
As a condition of your access to and use of the Site or Services, you agree that you will comply with all applicable laws and regulations when using the Site or Services.
You agree to use the Site or Services solely for your own private and internal purposes. You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc available on or through the Site (the "Site Content"), and (b) you will not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that competes with FEISTATION.com, or otherwise commercially exploiting the Site Content. Systematic retrieval of Site Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from FEISTATION.com is prohibited. Use of any content or materials on the Site for any purpose not expressly permitted in the Terms is prohibited.
FEISTATION.com may allow Users to access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties' web site. You are cautioned to read such web site' terms and conditions and/or privacy policies before using the Site. You acknowledge that FEISTATION.com has no control over such third parties' web site, does not monitor such web site, and shall not be responsible or liable to anyone for such web site, or any content, products or services made available on such web site.
You agree not to undertake any action to undermine the integrity of the computer systems or networks of FEISTATION.com and / or any other User nor to gain unauthorized access to such computer systems or networks.
You agree not to undertake any action which may undermine the integrity of FEISTATION's feedback system, such as leaving positive feedback for yourself using secondary Member IDs or through third parties or by leaving unsubstantiated negative feedback for another User.
By posting or displaying any information, content or material ("User Content") on the Site or providing any User Content to FEISTATION.com or our representative(s), you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to FEISTATION.com to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Site, the provision of any Services and/or the business of the User. You confirm and warrant to FEISTATION.com that you have all the rights, power and authority necessary to grant the above license.
Transactions Between Buyers and Sellers
Users are hereby made aware that there may be risks of dealing with people acting under false pretences. FEISTATION.com uses several techniques to verify the accuracy of certain information our paying Users provide us when they register for a paying membership service on the Site. However, because user verification on the Internet is difficult, FEISTATION.com cannot and does not confirm each User's purported identity (including, without limitation, paying Members). We encourage you to use various means, as well as common sense, to evaluate with whom you are dealing.
Each User acknowledges that it is fully assuming the risks of conducting any purchase and sale transactions in connection with using the Site or Services, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Site. Such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights, and the risk that User may incur costs of defense or other costs in connection with third parties' assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants. Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to products originally obtained by Users of the Site as a result of purchase and sale transactions in connection with using the Site may suffer harms and/or assert claims arising from their use of such products. All of the foregoing risks are hereafter referred to as "Transaction Risks". Each User agrees that FEISTATION.com shall not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks. At last, all of the products display on FEISTATION.com, will meet the legitimate demands of compliance.
User agrees to provide all information and materials as may be reasonably required by FEISTATION.com in connection with your transactions conducted on, through or as a result of use of the Site or Services. FEISTATION.com has the right to suspend or terminate any User's account if the User fails to provide the required information and materials.
RIGHT OF CANCELLATIONUnless one of the exceptions listed below applies, you can cancel your order without giving any reason within 14 days from the day on which you receive the goods purchased or from the day of the conclusion of the contract, in the case of services or digital content not supplied in a tangible medium (e.g. CD or DVD).You must send your communication before the 14 days’ cancellation period has expired and return the item.EXCEPTIONS TO THE RIGHT OF CANCELLATIONThe right of cancellation does not apply to:· the delivery of products which are not suitable for return due to health protection or hygienic reasons if unsealed by you after delivery, or which are, after delivery, inseparably mixed with other items;· the delivery of sealed audio or video recordings or of sealed software if unsealed by you after delivery;· the supply of goods made to your specifications or clearly personalized;· the supply of goods which may deteriorate or expire rapidly;· the supply of digital content (including apps, digital software, ebooks, MP3, etc) which is not supplied on a tangible medium (e.g. on a CD or DVD) if you accepted when you placed your order that we could start to deliver it, and that you could not cancel it once delivery had started;· the delivery of newspapers, journals or magazines with the exception of subscription contracts;
A. Information Collected
We collect two types of information from visitors to the Site: (1) Personally Identifiable Information; and (2) Non-Personally Identifiable Information, such as your IP address or cookies.
(1) Personally Identifiable Information
“Personally Identifiable Information” is information that identifies you personally, such as your name, date of birth, address, telephone number, email address, or company name. FEISTATION.com collects and stores the personally identifiable information that you have provided to us. Here are some examples of manners in which we may collect your personally identifiable information on the Site:
We may collect your name, address, email address, telephone number, and/or fax number when you register for or create an account;
We may collect your email address, first and last name and zip code if you sign up for an online newsletter;
We may collect your name and email address if you contact us with a question;
We may collect your first and last name, date of birth, and email address if you choose to participate in a contest or sweepstakes; and
We may collect your first and last name, your address, and your credit card and billing information if you make a purchase of a product or service.
The above list provides an example of the personally identifiable information that may be collected on the Site. If you do not want FEISTATION.com to collect your personally identifiable information, please do not provide it to us.
(2) Non-Personally Identifiable Information
“Non-Personally Identifiable Information” can be technical information or it can be demographic information, such as your age, gender or interests. Non-personally identifiable information does NOT identify you personally. Here are some examples of the non-personally identifiable information that is collected via the Site and a description of how this information is used:
Internet Protocol (IP) address — Your IP address is a number that lets computers attached to the Internet know where to send you data — such as the webpages you view. We use this information to deliver our webpages to you upon request, to tailor our Site to the interests of our users and to measure traffic within our Site.
Cookie — A “cookie” is a small text file that may be used to collect information about your activity on the Site. For example, when someone visits a page within the Site, a cookie is placed on the user’s machine (if the user accepts cookies) or is read if the user has visited the Site previously. You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser, but if you do, you may not be able to take advantage of the personalized features enjoyed by other users to our Site. Some of the cookies we use may be flash cookies or Adobe cookies. While they are harmless, they may contain Demographic Information (defined below) and depending on your browser these cookies may not normally be deleted when your cookies are deleted. Please check your browser to determine where these types of cookies are stored and how they may be deleted.
Web Beacons (also known as “clear gifs,” “web bugs” or “pixel tags”) — “Web Beacons” are tiny graphics with a unique identifier, similar in function to cookies, and are used to allow us to count users who have visited certain pages of the Site and to help determine the effectiveness of promotional or advertising campaigns. When used in HTML-formatted email messages, web beacons can tell the sender whether and when the email has been opened. In contrast to cookies, which are stored on a user’s computer hard drive, web beacons are embedded invisibly on web pages.
Demographic Information — “Demographic Information” may be your gender, age, zip code and interests, which you voluntarily provide to us on the Site. We use this information to provide you with personalized services and to analyze trends to ensure the information provided by the Site meets your needs. For example, if you subscribe to a specific newsletter, FEISTATION.com may collect your zip code or interests. Please note that we also consider aggregated information, which is not personally identifiable, to be non-personally identifiable information. The above list provides an example of the non-personally identifiable information that is collected via the Site.
We collect the above non-personally identifiable information from all visitors to our Site. If you do not want FEISTATION.com to have access to this information, please do not visit our Site.
B. Use of Information Collected Via the Site
(1) Personally Identifiable Information. We use your personally identifiable information that is collected on the Site primarily for the following purposes:
To deliver information, newsletters or other products and services you request or purchase;
To alert you to special offers, updated information and other new services from FEISTATION.com, or other third parties, or to forward promotional materials;
To complete a transaction or service requested by you;
To fulfill the terms of a promotion;
To ensure the Site is relevant to your needs;
To help us create and publish content most relevant to you;
To allow you access to limited-entry areas of the Site; and
To contact you in response to your inquiry.
(2) Non-Personally Identifiable Information
Non-personally identifiable information is used as described above and in other ways as permitted by applicable laws, including combining non-personally identifiable information with personally identifiable information.
C. Sharing and Disclosure of Information
(1) Personally Identifiable Information
We may share or disclose your personally identifiable information in the following instances:
(i) To fulfill a service to you. For example, if you email us a question, we may use your email address to process your request and respond to your question. Also, if you are entering a sweepstakes or contest, we may use your personally identifiable information in order to fulfill the terms of that promotion. This means that we may share the information for prize fulfillment purposes or mail carriers. We also may share your information with the co-sponsor of that promotion.
(ii) To affiliates, strategic partners, agents, third party marketers or other unaffiliated parties who are offering products or services that we believe may be of interest to you or who require your personally identifiable information for research, administrative and/or internal business purposes. These parties may use your personally identifiable information to contact you with an offer or advertisement related to a product or service, or they may use such information for their own research, administration or business purposes. If you do not want us to share your personally identifiable information in this manner, please do not provide us with this information.
(iii) To unaffiliated third-party service providers, agents or independent contractors who help us maintain our Site and provide other administrative services to us (including, but not limited to, order processing and fulfillment, providing customer service, maintaining and analyzing data, sending customer communications on FEISTATION.com’s’ behalf, and entry collection, winner selection and prize fulfillment for contests, sweepstakes and other promotions). We seek to ensure that these unaffiliated third parties will not use the personally identifiable information for any other purpose than to provide the administrative services for which they are responsible. Because such unaffiliated third-party service providers that help us administer our Site will have access to users’ personally identifiable information, if you do not wish for our unaffiliated third-party service providers to have access to your information, please do not register or submit any personally identifiable information to us.
(iv) To complete your purchase. If you choose to make a purchase on the Site, we may collect from you your credit card number, billing address and other information related to such purchase, and we may use such collected information in order to fulfill your purchase. We may also provide such information, or other personally identifiable information provided by you, to unaffiliated third parties as necessary to complete your purchase (for example, to process your credit card).
(v) To comply with the law or in the good faith belief that such action is necessary in order to conform to the requirements of law or comply with legal process served on us, protect and defend our rights or property, including the rights and property of FEISTATION.com and the Site or act in urgent circumstances to protect the personal safety of our end users.
(vi) To third parties as part of any corporate reorganization process including, but not limited to, mergers, acquisitions, and sales of all or substantially all of our assets.
(vii) To track and analyze non-identifying and aggregate usage and volume statistical information from our visitors and customers and provide such information to third parties.
(viii) To protect against potential fraud, we may verify with third parties the information collected from the Site. In the course of such verification, we may receive personally identifiable information about you from such services. In particular, if you use a credit card or debit card to purchase services with us, we may use card authorization and fraud screening services to verify that your card information and address matches the information that you supplied to us, and that the card has not been reported as lost or stolen.
(2) Non-Personally Identifiable Information
We use non-personally identifiable information collected on the Site in the manner disclosed above, in the Section B (2). We may share this non-personal information with third parties.
D. Collection and Use of Information from Children Under the Age of 13
The Site does not knowingly target children under the age of 13 and we do not collect personal information from any child under the age of 13. In the event we learn that such information has been provided to the Site, we will delete or destroy it.
E. International Transfer of Information
If you choose to provide us with personally identifiable information, FEISTATION.com may transfer that information to its affiliates and subsidiaries or to other third parties, across borders, and from your country or jurisdiction to other countries or jurisdictions around the world. If you are visiting from the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring your personally identifiable information to the United States which does not have the same data protection laws as the EU and by providing your personally identifiable information you consent to:
the transfer of your personally identifiable information to the United States as indicated above.
We communicate with users who subscribe to our services on a regular basis via email. For example, we may use your email address to confirm your request, to send you notice of payments, to send you information about changes to our products and services, and to send notices and other disclosures as required by law. Generally, users cannot opt-out of these communications, but they will be primarily informational in nature rather than promotional.
However, we provide you the opportunity to exercise an opt-out choice if you do not want to receive other types of communication from us, such as emails or updates from us regarding new services and products offered on this Site or if you do not want us to share your personally identifiable information with third parties. The opt-out choice may be exercised by ticking or un-ticking the appropriate box if such checkbox is available at the points where personally identifiable information is collected or by contacting us. We will process your unsubscribe as soon as possible, but please be aware that in some circumstances you may receive a few more messages until the unsubscribe is processed. You also may opt-out of receiving such emails by clicking on the “unsubscribe” link within the text of the email.
G. Forums, Chat Rooms and Other Public Posting Areas
Please note that any information you include in a message you post to any chat room, forum or other public posting area is available to anyone with Internet access. If you don’t want people to know your e-mail address, for example, don’t include it in any message you post publicly. PLEASE BE EXTREMELY CAREFUL WHEN DISCLOSING ANY INFORMATION IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF THE INFORMATION THAT YOU DISCLOSE IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS.
H. Third Party Web Sites
I. Third Party Advertisers
We may use advertisers, third party ad networks, and other advertising companies, to serve advertisements on the Site. Please be advised that such advertising companies may gather information about your visit to the Site or other sites (such as through cookies, web beacons and other technologies) to enable such advertising companies to market products or services to you, to monitor which ads have been served to your browser and which webpages you were viewing when such ads were delivered. PLEASE NOTE THAT THIS POLICY DOES NOT COVER THE COLLECTION AND USE OF INFORMATION BY SUCH ADVERTISING COMPANIES.
J. Accessing Your Personally Identifiable Information and Privacy Preferences
We provide you with an opportunity to access your personally identifiable information to ensure it is correct, accurate and current. To edit your personally identifiable information, please send a request in My orders page or contact us through online ticket. We will make reasonable efforts to accommodate your request.
In the event that all or part of our assets are sold or acquired by another party, or in the event of a merger, you grant us the right to assign the personally identifiable and non-personally identifiable information collected via the Site.
No data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you understand that any information that you transfer to FEISTATION.com is done at your own risk.
Once we receive your transmission, we make reasonable efforts to ensure security on our systems. We use firewalls to protect your information from unauthorized access, disclosure, alteration, or destruction. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software.
If we learn of a security systems breach we may attempt to notify you electronically so that you can take appropriate protective steps. By using the Site or providing personally identifiable information to us you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of the Site. We may post a notice on our Site if a security breach occurs. We may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.