User Terms & Conditions
Welcome to Passfeed.com. Passfeed provides website features and other products and services to you when you visit or shop at Passfeed.com, use Passfeed products or services, use Passfeed applications for mobile, or use software provided by Passfeed in connection with any of the foregoing (collectively, "Passfeed Services"). Passfeed provides the Passfeed Services subject to the following conditions.
By using PassfeedServices, you agree to these conditions. Please read them carefully.
We offer a wide range of Passfeed Services, and sometimes additional terms may apply. When you use an Passfeed Service (for example, Your Profile, Gift Cards, Your Media Library, Passfeed devices, or Passfeed applications) you also will be subject to the guidelines, terms and agreements applicable to that Passfeed Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Please review our Privacy, which also governs your use of Passfeed Services, to understand our practices.
When you use Passfeed Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Passfeed Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any Passfeed Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Passfeed or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Passfeed Service is the exclusive property of Passfeed and protected by United States and international copyright laws.
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Passfeed Service are trademarks or trade dress of Passfeed in the United States and other countries. Passfeed's trademarks and trade dress may not be used in connection with any product or service that is not Passfeed's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Passfeed. All other trademarks not owned by Passfeed that appear in any Passfeed Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Passfeed.
One or more patents owned by Passfeed apply to the Passfeed Services and to the features and services accessible via the Passfeed Services. Portions of the Passfeed Services operate under license of one or more patents.
Intellectual property for Rights Owner
Passfeed is dedicated to ensuring that goods do not violate or infringe a Rights Owner's intellectual
property (IP). Rights Owners can report infringing content they find on Passfeed and share answers to
frequently asked questions on how Passfeed handles infringement complaints.
If you are a Rights Owner with a registered trademark, you may be eligible to enroll your brand in the Passfeed Brand Registry. Passfeed Brand Registry provides access to powerful tools including proprietary text and image search, predictive automation based on your reports of suspected intellectual property rights violations, and increased authority over product listings with your brand name.
To submit a notice of IP infringement, you must be the Rights Owner who owns the IP being reported or an agent with permission from the Rights Owner to submit notices on his or her behalf. Do not forget to provide your contact details (name, address, phone number, email address, secondary contact details) when you report infringement.
If your brand is enrolled in Passfeed Brand Registry, you can submit a report via the Report a Violation (RAV) tool or through our Report Infringement form. Rights Owners who do not have a brand enrolled in Passfeed Brand Registry can submit via the Report Infringement form. In addition, it is a requirement that a notice submitter be logged into an Passfeed account in order to use the Report Infringement form or Brand Registry's RAV tool.
You can submit a trademark, copyright, patent, or other IP claim.
You should include the following information in your report:
Specific identification of the IP you believe is infringed: trademark, copyright, or patent registration number; written description of or link to copyrighted work; etc.
Nature of infringement (whether infringement occurs on the physical product, physical product packaging, image on the product detail page, or text on the product detail page).
List of infringing products (either Passfeed Standard Identification Numbers (ASINs) or URLs for the product detail page of the specified product). If you believe that only a subset of suppliers are infringing, and you are not accusing the entire product detail page, click the checkbox next to the name of each supplier you are reporting in the Report Infringement form or RAV.
Any additional information that will help Passfeed in processing your complaint (such as order IDs for any test buys on the products you are reporting).
Your contact details (name, address, phone number, email address, and secondary contact details that we can share with affected suppliers).
Do not submit more than one type of IP violation per notice. In order to ensure quality and quick resolution of your notices, we will only process the specific complaint type you have chosen in the Report Infringement form or RAV (such as, patent, trademark, or copyright). The following are examples of submissions that contain more than one complaint type within a notice:
Selecting trademark infringement and discussing copyright issues in the submission. The notice will be processed as a trademark complaint only. If you want to report infringement of a trademark and a copyright, file separate notices.
two trademark numbers in
one notice, as only the first trademark number will be considered for that notice. If
you want to report infringement of separate trademarks, file separate notices.
Do not submit retractions of complaints through the Report Infringement form or Brand Registry. A supplier may reach out to you requesting a retraction, and if relevant, you can notify Passfeed through the appropriate email queue (as provided by the supplier).
Main types of IP
A trademark is a word, symbol, or design (such as a stylized brand name or logo) that a company uses to identify its goods or services and to distinguish them from other companies' goods and services. Generally, trademark laws exist to prevent customer confusion about the source of goods or services.
A trademark owner usually protects a trademark by registering it with a country-specific trademark office (such as United States Patent and Trademark Office). In some cases, a person or company might have trademark rights based on only the use of a mark in commerce, even though the mark was never registered with a country-specific trademark office. Those rights are known as "common law" trademark rights and can be more limited.
Example: Trademarks are often displayed on Passfeed's product detail pages in the form of product and brand names listed on a product detail page. For example, the "Pinzon" by Passfeed trademark appears above the product title in the brand value portion of the product detail page shown below.
A copyright protects original works of authorship, such as videos, movies, songs, books, musicals, video games, paintings, etc. Generally, copyright law is meant to incentivize the creation of original works of authorship for the benefit of the public. To receive copyright protection, a work of authorship must be created by an author, and must have some amount of creativity. If someone is the author of an original work, then they typically own the copyright in that work.
A copyright owner usually protects the copyrighted material by registering the material with a country-specific copyright office (for example, US Copyright Office). However, a Rights Owner does not necessarily need a formal copyright registration to receive protection. You can generally use your own copyrighted images on product detail pages to sell a product; however, you should not take images from other sources and add them to product detail pages without the Rights Owner's permission.
A patent is a form of legal protection for inventions. An issued patent grants its owner the right to exclude others from making, using, or selling the invention for a fixed number of years. In United States, there are two principal types of patents: Utility patents and Design patents.
Utility patents, the most common kind of patent, can be granted for the following:
A new machine
Protects of manufacture
Composition of matter, process, or improvement to any of those
Protects the structure and functions of a product (rather than how it looks)
A utility patent is different from a trademark in that it protects an invention (such as a new machine) rather than a word or logo used to identify the source of the product. A utility patent is different from a copyright in that it does not protect the expressive content of a creative work like a book or a picture, but instead protects a specific invention, such as a new method of printing books or a new type of camera.
About Counterfeit goods
Goods sold by Passfeed must be genuine. Any goods illegally copied, copied or manufactured are prohibited.
It is each supplier’s responsibility to source, sell, and fulfill only authentic products. Prohibited products include bootlegs, fakes, or pirated copies of products or content; products that have been illegally replicated, reproduced, or manufactured; and products that infringe another party’s intellectual property rights.
Passfeed monitoring tool reviews every product uploading to avoid counterfeit goods listing on platform. In addition, Passfeed will check all product every week, once the brand product is found, then the supplier must offer Passfeed the Authorization Letter of the brand. Or we remove suspect listings based on our own review of products, and this will affect account health. When account health is in bad status, we may suspend supplier’s account. We also work with rights holders and law enforcement worldwide to take and support legal action against suppliers and suppliers that knowingly violate this policy and harm our customers. In addition to criminal fines and imprisonment, suppliers of inauthentic products may face civil penalties including the loss of any amounts received from the sale of inauthentic products, the damage or harm sustained by the rights holders, statutory and other damages, and attorney’s fees.
We stand behind the products sold on our site with our guarantee, and we encourage rights owners who have product authenticity concerns to notify us. We will promptly investigate and take all appropriate actions to protect customers, and rights holders.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Passfeed or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Passfeed Services. This license does not include any resale or commercial use of any Passfeed Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Passfeed Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Passfeed or its licensors, suppliers, publishers, rightsholders, or other content providers. No Passfeed Service, nor any part of any Passfeed Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Passfeed. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Passfeed without express written consent. You may not use any meta tags or any other "hidden text" utilizing Passfeed's name or trademarks without the express written consent of Passfeed. You may not misuse the Passfeed Services. You may use the Passfeed Services only as permitted by law. The licenses granted by Passfeed terminate if you do not comply with these Conditions of Use or any Service Terms.
You may need your own Passfeed account to use certain Passfeed Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Passfeed does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Passfeed Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their Passfeed Household. Alcohol listings on Passfeed are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. Passfeed reserves the right to refuse service, terminate accounts, terminate your rights to use Passfeed Services, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Passfeed reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Passfeed a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Passfeed and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Passfeed for all claims resulting from content you supply. Passfeed has the right but not the obligation to monitor and edit or remove any activity or content. Passfeed takes no responsibility and assumes no liability for any content posted by you or any third party.
INTELLECTUAL PROPERTY COMPLAINTS
Passfeed respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
RISK OF LOSS
All purchases of physical items from Passfeed are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
DELIVERY, CANCELLATION, RETURNS & REFUNDS
The products purchased by the customer on the Passfeed platform are shipped within 3 days by the Passfeed partner logistics company, the delivery time is usually 5-7 days, the tracking number must be uploaded on Passfeed and ensure the shipping information can be tractable by Passfeed, supplier and buyer.
From the Orders drop-down menu, select Manage Orders and follow these steps:
1.On the Manage Orders page, locate the order you want to cancel.
2.Click Cancel Order in the Action column.
3.On the Cancel Order page, select a Reason for Cancellation. You may also enter any information you want to keep track of in the supplier memo field.
About RETURN & REFUND
The valid time of exchange and refund is normally 7 days.
Passfeed does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Passfeed does not take title to the refunded item. For more information about our returns and refunds.Under normal circumstances, after confirming that the returned item arrives at the Passfeed warehouse, the refund will be refunded to your account.
Not Received Guarantee
The Passfeed Not Received Guarantee protects customers when purchase items sold and fulfilled by supplier directly. Our guarantee covers both the timely delivery and the condition of items suppliers sell. If customers are unsatisfied with either, we enable them to report the problem to us via a self-service experience or via a call or mail to Customer Service. In both cases, we ensure customers are eligible to file a claim as per the guidelines mentioned on the Not Received Guarantee page.
Note: Customers can contact suppliers before filing ‘Not Received’ claims. If suppliers fail to take action on a return request within two calendar days, customers may file a ‘Not Received’ claim.
Once a claim is filed, it is investigated by our team of specialists. In case we need more information from supplier before making a decision, we will reach out to supplier to Represent an Not Received Guarantee claim. If suppliers fail to represent suppliers side within three calendar days, we will grant the claim in favor of the customer and debit supplier’s account for the claim amount.
If a claim is decided in the customer’s favor and we’ve debited the amount from supplier’s account, suppliers have an opportunity to Appeal an Not Received Guarantee claim within 30 calendar days of the decision. If suppliers win the appeal, supplier’s account will be credited for the claim amount and the claim will no longer affect supplier’s account performance.
How do I return an item sold and shipped by Passfeed .com?
1.To return your item by mail, log in to your account, click on 'My Account', 'Track Orders' & then 'View Details'. Click 'Start a Return' to print a free return label.
Package the item you wish to return along with all original packing materials & accessories, then mail as directed.
You'll receive a refund or replacement once we receive the item.
Return and exchange notes:
1. Please ensure the integrity of the returned goods, that is, the goods must maintain the original quality and function, the goods themselves, accessories, trademarks, and tags are complete. Please return the entire set of items.
2. When returning, please return the goods themselves, the tag, the accessories, the physical gifts, and the packaging of the goods (excluding the carton and courier bag).
3. The replacement is limited to the replacement within the same paragraph, and the amount of the replacement goods shall not be higher than the original purchase amount, otherwise the return application review cannot be passed.
4. When submitting the return and exchange application, please fill in the information of the express delivery number of the valid and valid return, so as not to affect the timeliness of your return and exchange processing.
Passfeed attempts to be as accurate as possible. However, Passfeed does not warrant that product descriptions or other content of any Passfeed Service is accurate, complete, reliable, current, or error-free. If a product offered by Passfeed itself is not as described, your sole remedy is to return it in unused condition.
"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or supplier. We regularly check List Prices against prices recently found on Passfeed and other retailers. Certain products may have a "Was Price" displayed, which is determined using recent price history of the product on Passfeed.
With respect to items sold by Passfeed, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Passfeed is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
When you use apps created by Passfeed, such as the Passfeed App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.
SANCTIONS AND EXPORT POLICY
You may not use any Passfeed Service if you are the subject of United States sanctions or of sanctions consistent with United States law imposed by the governments of the country where you are using Passfeed Services. You must comply with all United States or other export and re-export restrictions that may apply to goods, software (including Passfeed Software), technology, and services.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE Passfeed SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Passfeed SERVICES ARE PROVIDED BY Passfeed ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Passfeed MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE Passfeed SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Passfeed SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE Passfeed SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, Passfeed DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Passfeed DOES NOT WARRANT THAT THE Passfeed SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Passfeed SERVICES, Passfeed'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM Passfeed ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, Passfeed WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY Passfeed SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY Passfeed SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of any PassfeedService, or to any products or services sold or distributed by Passfeedor through Passfeed.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any Passfeed Service, you agree that these Terms and Conditions are governed by and construed exclusively by the laws of the Hong Kong Special Administrative Region of the People’s Republic of China. All disputes arising from or in relation to these Terms and Conditions shall be submitted to the exclusive jurisdiction of the competent court of Hong Kong for litigation.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies. These policies also govern your use of Passfeed Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
750 Lexington Ave 9th floor,
These terms and conditions are governed by and are to be construed in accordance with the laws of Europe.
ADDITIONAL PassfeedSOFTWARE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Passfeed Services (the "Passfeed Software").
1.Use of the Passfeed Software. You may use Passfeed Software solely for purposes of enabling you to use the Passfeed Services as provided by Passfeed, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the Passfeed Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Passfeed Software in whole or in part. All software used in any Passfeed Service is the property of Passfeed or its software suppliers and is protected by United States and international copyright laws.
3.No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Passfeed Software, whether in whole or in part.
4.Updates. We may offer automatic or manual updates to the Passfeed Software at any time and without notice to you.
5.Conflicts. In the event of any conflict between these Conditions of Use and any other Passfeed or third-party terms applicable to any portion of Passfeed Software, such as open-source license terms, such other terms will control as to that portion of the Passfeed Software and to the extent of the conflict.
Passfeed Co., Ltd will be the first point of contact in respect of dispute management, refunds, cancellations, returns and customer support as they relate to your use of the PassFeed Platform. Users should reach out to PassFeed to mediate or resolve any dispute between Users and Suppliers.