Legal Statement and Terms of Usage
The terms and conditions of usage ("Terms of Usage") are applicable to the website www.fiil.com (hereinafter referred to as "the Website").
Unless otherwise specified, the "fiil", "fiil headset", "Fengfan Technolog", "the Company" or "We" refers to Fengfan (Beijing) Technology Co., Ltd., Fengfan (Suzhou) Audio Technology Co., Ltd., and all their associated companies.
If you agree to the Terms of Usage, Fengfan Technology entitles you to a personal, non-exclusive, non-transferable and limited right to log on and use the Website. The Website is the property of Fengfan Technology. Your use of the Website means that you agree with the Terms of Usage; if you disagree, please do not use the Website. Fengfan Technology reserves the right to change, amend, add or delete some contents of the Terms of Usage anytime at its own discretion. However, we will notify you through proper means. Your continual use of the Website after a change in contents means that you agree with and accept the change.
All characters, charts, user interface, visual interface, trademarks, identifications, voices, music, artworks and computer codes (jointly referred to as "Contents") at the Website, including but not limited to the design, structure, selection, coordination, expression, "interface appearance" and sequencing of such contents, are owned by Fengfan Technology or other right holders, and are protected by Copyright Law, Patent Law, Trademark Law and various other intellectual property rights laws.
Unless otherwise clearly specified in the Terms of Usage, without the prior definite written consent of Fengfan Technology and/or other right holders, you shall not copy, reproduce, reprint, upload, issue, publicly exhibit, encode, translate, transmit or spread to any other computer, server, website or other media any part and/or content of the Website by any means (including "mirror image") for publication, issuance or any other commercial objective.
Your Use of the Website
You shall not use any "deep link", "screenshot", "robot", "spider" or other automatic devices, programs, algorithms, methods or any similar or identical manual programs to access, obtain, copy or monitor any part or content of the Website, or copy or evade the navigation structure or instruction of the Website or any content by any means, or obtain or attempt to obtain any data, document or information by any means not provided by the Website. Fengfan Technology has the right to forbid any such behaviour.
Without authorisation, you shall not attempt to, by means of illegal invasion, "crack" password, or by any other illegal means, access any part or function of the Website or any other system or network linked to the Website or any server of Fengfan Technology, or obtain any service provided by the Website.
You shall not search, scan or test the weak points of the Website or any network linked to the Website, or violate the security or certification measures of any network at the Website.
You agree not to use any equipment, software or program to interfere or attempt to interfere with the normal operation of the Website, or any transaction at the Website, or others' use of the Website.
You shall not counterfeit letter head or control recognition function by other means, in order to counterfeit the source of any information or transmission content that you provide to Fengfan Technology through the Website, or counterfeit the source of any service provided by the Website. You shall not pretend to be another person or pretend to represent another person or simulate any other individual person or entity.
Account, Password and Security
You will obtain an ID (hereinafter referred to as the "Account") after registering as a user at the official website of Fengfan Technology, and you will possibly be required to open an account for some functions or services provided by the Website. You shall assume the sole responsibility to keep secret the information of the account held by you, including your password. Moreover, you shall assume the sole responsibility for any behaviour occurring under your Account after failing to maintain information security and confidentiality. You agree to notify Fengfan Technology immediately once your Account or password is used without authorisation, or in case of any other act leading to security infringement. If you fail to maintain the security and confidentiality of your Account information and your Account is used by others, causing losses to Fengfan Technology or any other user or visitor of the Website, you will have to possibly honour your liability for such losses.
Intellectual Property Rights
You can use the contents relevant to the intellectual property rights owned by Fengfan Technology only through the following methods:
1、About Picture Materials
For all purposes including commercial, a non-natural person shall obtain the formal written authorisation of Fengfan Technology for the use of the picture materials provided by Fengfan Technology.
A natural person does not need to obtain the authorisation of Fengfan Technology for non-commercial use of the above-mentioned picture materials.
2、About Trademarks and Identifications
For all purposes including commercial, a non-natural person shall obtain the formal written authorisation of Fengfan Technology for the use of trademarks and identifications, such as 、 etc.
A natural person does not need to obtain the authorisation of Fengfan Technology for non-commercial use of the above-mentioned trademarks and identifications.
3、About Senior Managers' Names, Photos and Portraits
For all purposes including commercial, a non-natural person shall obtain the formal written authorisation of Fengfan Technology for the use of names, photos and portraits of senior managers of Fengfan Technology;
A natural person does not need to obtain the authorisation of Fengfan Technology for non-commercial use of the above-mentioned senior managers' names, photos and portraits.
For circumstances where formal written authorisation is required, please contact the Market Department of Fengfan Technology at：firstname.lastname@example.org
The Website possibly contains links to the websites of other independent third parties ("Linked Websites"). Such Linked Websites are only provided for the convenience of visitors. Fengfan Technology does not control such Linked Websites and does not identify with or assume any responsibility for the contents, including any information or data of such Linked Websites. You shall solely decide your interaction with such Linked Websites.
Fengfan Technology will dedicate itself to providing safe and stable high-quality services for you. However, Fengfan Technology does not promise that the Website or any content, service or function at the Website is free of any error or subject to interruption, or your use of the Website will produce certain results. The Website and the contents herein provided are based on "current state" and "available". All information provided by the Website may be changed without prior notification. Fengfan Technology does not guarantee that any material or other data downloaded by you from the Website is free of virus, pollution or destruction. Fengfan Technology does not make any explicit or implicit guarantee, including any guarantee about correctness, non-infringement, marketability and applicability. Fengfan Technology does not assume responsibility for any third party’s any feasance, nonfeasance and behaviour related to your use of the Website and/or any service of Fengfan Technology. You shall assume the sole responsibility for your use of the Website. If you have any reservations with the Website or any contents herein, you may stop using the Website or any such contents.
The above-mentioned disclaimer is applicable to any damage, responsibility or harm caused by any default, error, negligence, interruption, deletion, defect, operation or transmission delay, computer virus, communication line failure, stealing or destruction or non-authorised access, falsification or use caused by breach of contract, infringement, negligence or any other reason.
Fengfan Technology reserves the right to do any of the following anytime without notification: (1) amend, suspend or terminate the operation or access of the Website or any part hereof for any reason; (2) amend or change the Website or any part hereof and any applicable policy or clause; and (3) interrupt the operation of the Website or any part hereof if it is necessary to carry out regular or irregular maintenance, error correction or other changes.
For any request, loss, responsibility, claim or expense (including lawyer fee) lodged by any third party against Fengfan Technology, arising from or related to your use of the Website in violation of the provisions of laws and rules or the Terms of Usage, you agree to compensate Fengfan Technology and its management personnel, directors, stockholders, predecessors, beneficiaries, employees, agents, subsidiary companies and associated parties, and protect them from damages.
Violation of Terms of Usage
You agree that where Fengfan Technology considers that you violate the Terms of Usage or other protocols or instructions possibly related to your use of the Website, Fengfan Technology may terminate your right to access the Website and/or prevent you from accessing the Website in future at its own discretion without prior notification. You also agree that your violation of any of the Terms of Usage will possibly bring about non-recoverable damages (which are unable to be sufficiently covered through monetary compensation) to Fengfan Technology, and you agree that Fengfan Technology could obtain any injunctive relief or equivalent relief which is considered necessary or appropriate by Fengfan Technology under such circumstances. Such reliefs are supplementary to any other relief enjoyed by Fengfan Technology according to law.
You agree that Fengfan Technology could terminate your authority to access the Website for the following reasons at its own discretion without prior notification, including (but not limited to): (1) request of governmental departments and judicial organs; (2) suspension or major change of the Website or any service provided by the Website; (3) unforeseen technical problems.
In a situation where you violate the Terms of Usage and Fengfan Technology lodges a legal action against you, Fengfan Technology shall always have the right to obtain, and you shall agree to pay, all reasonable lawyer fee and expenses incurred for such litigation besides any other relief provided by law. You agree that where Fengfan Technology terminates your authority to access the website on account of your violation of any of the Terms of Usage, Fengfan Technology shall not assume any responsibility for you or any third party.
Governing Law; Settlement of Disputes
The Terms of Usage and your relationship with Fengfan Technology shall be governed by Chinese laws, excluding conflict laws and rules. You and Fengfan Technology agree to obey the judicial governance of the People’s Court at the place where Fengfan Technology is located.
In a situation where any clause of the Terms of Usage is decided invalid or non-enforceable by the People's Court with lawful jurisdiction, it shall be restricted or excluded within the minimum necessary scope and substituted by a new clause which could embody the intention of the Terms of Usage to the greatest extent, in order to retain the effectiveness of Terms of Usage.
The Terms of Usage constitutes the entire agreement between you and Fengfan Technology related to your use of the Website, and hereby replaces and cancels any of the previous written or oral agreements or understandings related to such use between you and Fengfan Technology.
Where Fengfan Technology does not persistently or compulsively require strict implementation of the Terms of Usage, it shall not be deemed as Fengfan Technology’s waiver of any clause or any right to execute the Terms of Usage. Moreover, any behaviour between Fengfan Technology and you or any other third party shall not be deemed as the amendment to any provision of the Terms of Usage.