(Fotyan.com) Terms and Conditions Policy
Welcome to (Fotyan). These terms and conditions outline the rules and regulations for using (Fotyan)'s Website.
(Fotyan) is located Zhejiang, Wenzhou City
Cookies
We employ the use of cookies. By using (Fotyan)'s website, you consent to using cookies by (Fotyan)’s privacy policy. Most modern-day interactive websites use cookies to enable us to retrieve user details for each visit.
Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate/advertising partners may also use cookies.
License
Unless otherwise stated, (Fotyan) and/or its licensors own the intellectual property rights for all material on (Fotyan).
All intellectual property rights are reserved. You may view and/or print pages from (www.fotyan.com) for your own personal use subject to restrictions set in these terms and conditions.
You must not:
Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
Nothing in this disclaimer will:
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer:
1. are subject to the preceding paragraph; and
2. govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities that arise in contract, tort (including negligence), and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
Member Accounts
-User must be registered on the Sites to access or use some Services (a registered User is also referred to as a "Member" below). Except with Fotyan.com's approval, one User may only register one member account on the Sites. Fotyan.com may cancel or terminate a User's member account if Fotyan.com has reasons to suspect that the User has concurrently registered or is in control of two or more member accounts. Further, Fotyan.com may reject the User's application for registration for any reason.
-Upon registration on the Sites, Fotyan.com shall assign an account and issue a member ID and password (a registered User shall choose the latter during registration) to each registered User. An account may have a web-based email account with limited storage space for the Member to send or receive emails.
-A set of Member IDs and passwords is unique to a single account. Each Member shall be solely responsible for maintaining the confidentiality and security of your Member ID and password and for all use of and activities that occur under your account (whether such use or activities are authorized or not). No Member may share, assign, or permit the use of your Member account, ID or password by another person, even to other individuals within the Member's business entity (where applicable). Member agrees to notify Fotyan.com immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your account.
-Member agrees that all use of the Sites and Services and all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services, sending emails using the email account or sending SMS) will be deemed to have been authorized by the Member.
-Member acknowledges that sharing your account with other persons or allowing multiple users outside of your business entity to use your account (collectively, "multiple uses") may cause irreparable harm to Fotyan.com or other Sites users. Member shall indemnify Fotyan.com's, our affiliates, directors, employees, agents, and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple uses of your account. Member also agrees that in case of the multiple uses of your account or Member's failure to maintain the security of your account, Fotyan.com's shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate Member's account without liability to the Member.
Member's Responsibilities
- Each Member represents, warrants, and agrees that (a) you have full power and authority to accept the Terms, to grant the license and authorization, and to perform the obligations hereunder; (b) your access and use the Sites and Services will be for business purposes only; and (c) for Members who are business entities, the address you provide when registering is the principal place of business of your business entity. For purposes of this provision, a branch or liaison office will not be considered a separate entity, and your principal place of business will be deemed to be that of your head office.
- Member will be required to provide information or material about your entity, business, or products/services as part of the registration process on the Sites for your access to and use of any Service or the member account. Each Member represents, warrants, and agrees that (a) such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Sites or Service is true, accurate, current, and complete, and (b) you will maintain and promptly amend all information and material to keep it true, accurate, current and complete.
- Upon becoming a Member, you consent to the inclusion of the contact information about you in our database and authorize Fotyan.com and our affiliates to share the contact information with other Users or otherwise use your personal information in accordance with the Privacy Policy.
- Each Member represents, warrants, and agrees that (a) you shall be solely responsible for obtaining all necessary third-party licenses and permissions regarding any User Content that you submit, post, or display; (b) any User Content that you submit, post, or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party ("Third Party Rights"); and (c) you have the right and authority to sell, trade, distribute or export or offer to sell, trade, distribute or export the products or services described in the User Content and such sale, trade, distribution or export or offer does not violate any Third Party Right; and (d) neither the Member nor any of its related persons, have been banned or removed from any major e-commerce platforms, or otherwise implicated in selling counterfeit or pirated products online.
- Each Member further represents, warrants, and agrees that the User Content that you submit, post, or display shall:
a) Be true, accurate, complete, and lawful;
b) Not be false, misleading, or deceptive;
c) Not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit, or harmful to minors;
d) Not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
e) Not violate the Product Listing Policy, other Terms, or any applicable Additional Agreements
f) not violate any applicable laws and regulations (including without limitation those governing export control, consumer protection, unfair competition, price gouging, or false advertising) or promote any activities which may violate any applicable laws and regulations;
g) Not contain any link directly or indirectly to any other websites, including any content that may violate the Terms.
- Each Member further represents, warrants, and agrees that you shall/are:
a) Carry on your activities on the Sites in compliance with any applicable laws and regulations;
b) Conduct your business transactions with other users of the Sites in good faith;
c) Carry on your activities in accordance with the Terms and any applicable Additional Agreements;
d) Not use the Services or Sites to defraud any person or entity (including without limitation sale of stolen items, use of stolen credit/debit cards);
e) Not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
f) Not engage in spamming or phishing;
g) Not engage in any other unlawful activities (including without limitation those which would constitute a criminal offense, give rise to civil liability, etc.) or encourage or abet any unlawful activities;
h) Not involve attempts to copy, reproduce, exploit or expropriate Fotyan.com's various proprietary directories, databases, and listings;
i) not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting, or expropriating any software or hardware system, data, or personal information;
j) not involve any scheme to undermine the integrity of the data, systems, or networks used by Fotyan.com's and/or any user of the Sites or gain unauthorized access to such data, systems, or networks;
k) not, and your director(s), officer(s), controlling parties, affiliates, and legal jurisdiction in which any of the preceding persons or entities are organized or has operations are not, persons or entities that are subject to any economic or fraud sanctions of any governmental, international or regulatory entities; and
l) Not engage in any activities that would otherwise create any liability for Fotyan.com or our affiliates.
- Member may not use the Sites, Services, or member account to engage in activities identical or similar to Fotyan.com's e-commerce marketplace business.
- If Member provides a business referee, Member represents, warrants, and agrees that you have obtained all necessary consents, approvals, and waivers from such referee to (a) act as your business referee; (b) post and publish their contact details and information, reference letters and comments on their behalf; and (c) that third parties may contact such business referees to support claims or statements made about you. You further warrant and agree that all reference letters and comments are true and accurate, and third parties may contact the business referees without the need to obtain your consent.
- Member agrees to provide all necessary information, materials, and approval, and render all reasonable assistance and cooperation necessary for Fotyan.com's provision of the Services, evaluating whether Member has breached the Terms and/or handling any complaint against the Member. If Member's failure to do so results in delay in, or suspension or termination of, the provision of any Service, Fotyan.com's shall not be obliged to extend the relevant service period nor be liable for any loss or damages arising out of or in connection with such delay, suspension or termination.
- Member acknowledges and agrees that Fotyan.com reserves the right to, but shall not be required to actively monitor or exercise any editorial control whatsoever over the content of any message or material or information (including User Content) created, obtained, or accessible through the Services or Sites. Fotyan.com does not endorse, verify or otherwise certify the contents of any comments or other material or information (including User Content) created, submitted, posted, displayed, or otherwise made by any Member. Each Member is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information
- Member acknowledges and agrees that the Sites and Services may only be used by businesses and their representatives for business use, not individual consumers or personal use.
- Member acknowledges and agrees that each Member is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all access and use of the Site and Services comply with the same.
(a) You and your affiliates shall comply with applicable laws and regulations in conducting your respective business (including without limitation applicable laws and regulations concerning product safety, intellectual property rights, data privacy, consumer protection, product or regulatory certification, import and export control, unfair competition, price gouging, false advertising, labor, environment, health and safety, anti-bribery and anti-money laundering).
(b) You and your affiliates are not the subjects of any trade restrictions, sanctions, or other legal restrictions enacted or proposed to be enacted by any country, international organization, or jurisdiction ("Relevant Subjects");
(c) You and your affiliates are not offering products or services that would likely trigger international trade restrictions, sanctions, or other legal restrictions by any Relevant Subjects;
(d) Neither you, nor any of your parent companies or affiliates, directly or indirectly, deal with nor provides any funds, goods, or services to Relevant Subjects;
(e) You will at all times comply with all applicable export control and sanctions laws and regulations about products, services, software, and technologies in using the Services, including sanctions resolutions, laws and regulations enacted and enforced by the UN Security Council, the People's Republic of China, the United States of America, and any other country;
(f) If you and your affiliates are a Seller of products that require a warning under California Health & Safety Code Section 25249.6 (a "Proposition 65 Warning"), you (a) will promptly display a Proposition 65 Warning on the product detail page as required under the relevant law; (b) authorize Fotyan.com's to display a Proposition 65 Warning on your behalf; and (c) will only revise or remove a Proposition 65 Warning for a product when the prior warning needs to be modified or is no longer legally required, as the case may be; and
(g) You and your affiliates are responsible for the compliance of your products with the laws and regulations of the country/region of destination, including with relevant labor laws and standards. If a product is not permitted in one or more markets, Sites reserve the right to remove the product listing or STOP THE SALE OF ANY SUCH PRODUCT IN those markets.
If at any time you fail to meet any of the above requirements, you should stop using the Services immediately. If Fotyan.com's reasonably believes that any of your conduct violates or threatens to violate any applicable laws and regulations, Fotyan.com's may, at its sole discretion, at any time take action as it may deem appropriate in light of the circumstances, including, but not limited to, terminating the provision of Services to you, closing relevant purchase orders, and terminating your accounts, while reserving all rights it may have regarding any non-compliant actions or conduct of its members.
a) Through the Sites, Fotyan.com provides electronic web-based platforms for exchanging information between buyers and sellers of products and services. Fotyan.com additionally provides electronic web-based transaction platforms for Members to place, accept, conclude, manage and fulfill orders for the provision of products and services online within the Sites subject to the terms of the Transaction Services Agreement. However, Fotyan.com does not represent either the seller or the buyer in specific transactions for any Services. Fotyan.com does not control and is not liable or responsible for the quality, safety, lawfulness, or availability of the products or services offered for sale on the Sites, the ability of the sellers to complete a sale, or the ability of buyers to complete a purchase.
b) Users are made aware that dealing with people acting under pretenses may be a risk. Fotyan.com uses several techniques to verify the accuracy of certain information our paying Users provide when they register for a paying membership service on the Sites. However, because user verification on the Internet is difficult, Fotyan.com can 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.
c) Buyers and sellers accessing or using the Sites or Services shall assume the risks of conducting any purchase and sale transactions connected with or through the Sites or Services. Buyer and sellers accessing or using the Site or Services shall also fully assume all risks of liability or harm of any kind arising out of or in connection with any subsequent activity relating to the products or services that are the subject of the transactions on the Sites. Examples of such risks shall include but are not limited to misrepresentation of products and services, fraudulent schemes, unsatisfactory product quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost miscalculations, breach of warranty, breach of contract, transportation accidents, the risk that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Sites may violate or may be asserted to violate Third Party Rights, and the risk that Users 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 about the assertion of rights, demands or claims by claimants of Third Party Rights. Examples of such risks also include the risk of claims from consumers, other purchasers, end-users of products, or other third parties that have suffered injuries or harm from their use of the products obtained through the Sites or Services. All of the preceding risks are referred to as "Transaction Risks." Fotyan.com is not liable for any damages, claims, liabilities, costs, harm, inconveniences, business disruptions, or expenditures of any kind that may arise as a result of or in connection with any Transaction Risks.
d) Buyers and sellers on the Sites are solely responsible for setting out and performing the terms and conditions of the transactions conducted on, through, or as a result of the use of the Sites or Services, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation, and storage, subject to any additional obligations imposed under the Transaction Services Agreement (and in particular, clause 3.2).
e) User agrees to provide all information and materials as may be reasonably required by Fotyan.com in connection with your transactions conducted on, through, or as a result of the use of the Sites or Services. Fotyan.com has the right to suspend or terminate any User's account if the User fails to provide the required information and materials without liability for any losses or damages arising out of or in connection with such suspension or termination.
f) In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify Fotyan.com's (and our agents, affiliates, directors, officers, and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such dispute or the transaction.