Terms of Use and Service

Last updated: January 3, 2020

These Terms of Use and Service ("Terms") cover your use of and access to the site, web pages, products, applications, tools and features (collectively, the "Services") provided by Ennybegs Inc. (as defined below), including without limitation, on the website and associated domains of www.feistan.com and on Ennybegs Inc. web and mobile applications.

By using or accessing the Services, you're agreeing to these Terms, our Acceptable Use Policy and our Data Processing Addendum (collectively, this “Agreement”). If you're using the Services for an organization, you're agreeing to this Agreement on behalf of that organization, and you represent and warrant that you can do so. References to “you”, "your” and similar terms are construed accordingly in this Agreement. If you don’t agree to all the terms in this Agreement, you may not use or access the Services.

Feistan (collectively, "FEISTAN.COM) and Ennybegs Inc., Feistan and Feistan At Home on "Feistan.com", provides a portal for site visitors to find information and book spray tan appointments at various Irish dancing competitions as well as purchase Feistan At Home products, which is governed by this Terms of Use and by our Privacy Policy.

We may revise these Terms of Use and Privacy Policy at any time without notice to you. It is your responsibility to review these Terms of Use and Privacy Policy periodically. If at any time you find these Terms of Use or Privacy Policy unacceptable or if you do not agree to these Terms of Use or Privacy Policy, please do not use this site. If you have any questions about these Terms of Use or Privacy Policy, please contact us at admin@FEISTAN.COM.

YOU AGREE THAT BY USING THE SITE, BOOKING A FEISTAN APPOINTMENT, SUBMITTING PAYMENT FOR A FEISTAN APPOINTMENT, USING ON- SITE FEISTAN SERVICES OR PURCHASING AND SUBMITTING PAYMENT FOR ANY FEISTAN AT HOME PRODUCT OR PRODUCTS THAT YOU ARE AT LEAST 18 YEARS OF AGE, YOU HAVE READ AND AGREED TO OUR CUSTOMER CONSENT AND ACKNOWLEDGEMENT FOR FEISTAN AT HOME PRODUCTS, YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT AND AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS. FEISTAN.COM acts as a passive conduit of communication between its users and is, therefore, not responsible for and does not endorse any communications made by such users. By booking and/or submitting payment for a Feistan appointment you are representing yourself as an adult. You are confirming that you are at least 18 years of age and that you are not a minor in accordance with your local, state or federal laws. An adult will be required to sign a consent form the day of your scheduled Feistan appointment. You will therefore agree to be bound by the terms of the Feistan provided terms and conditions of the disclaimer. An adult or guardian 18 years of age or older will be required to sign the consent form on the day of the spray tan appointment.

FEISTAN.COM, ENNYBEGS INC, FEISTAN AND FEISTAN AT HOME INCLUDING ANY AND EVERY HOTEL, CONVENTION CENTER AND/OR PLACE OF FEISTAN CONDUCTING BUSINESS OR SELLING PRODUCT, INCLUDING ONLINE SALES AND ANY OF THEIR SUBSIDIARIES WILL NOT BE HELD RESPONSIBLE FOR NEGLIGENCE ON THE PART OF THE CUSTOMER OR ANY MEDICAL CONDITIONS THAT MAY ARISE FROM HAVING YOUR BODY SPRAY TANNED OR SELF APPLYING ANY FEISTAN AT HOME PRODUCT. YOU AS THE CUSTOMER WILL TAKE FULL RESPONSIBILITY BASED ON YOUR OWN KNOWN ALLERGIES OR ANY OTHER SKIN DISORDERS, REACTIONS OR MEDICAL CONDITIONS THAT YOU MAY HAVE. ENNYBEGS INC, FEISTAN.COM, FEISTAN, FEISTAN AT HOME AND ANY OF THEIR SUBSIDIARIES WILL NOT BE HELD RESPONSIBLE FOR ANY ISSUES INCLUDING BUT NOT LIMITED TO MEDICAL ISSUES, SKIN IRRITATIONS, TAN APPEARANCE, COLORING OR OTHERWISE. ENNYBEGS INC., FEISTAN, FEISTAN.COM AND FEISTAN AT HOME WILL ALSO NOT BE HELD RESPONSIBLE FOR ANY ISSUES ARISING FROM THE FAILURE OF THE CUSTOMER, PARENT OR GUARDIAN TO FOLLOW THE TANNING INSTRUCTIONS (BEFORE CARE TANNING INSTRUCTIONS AND THE AFTERCARE TANNING INSTRUCTIONS) FOR YOUR ON-SITE FEISTAN SPRAYTAN OR FEISTAN AT HOME SELF APPLYING PRODUCTS. THE CUSTOMER CONSENT AND ACKNOWLEDGEMENT AGREEMENT CAN BE FOUND BY CLICKING HERE. FEISTAN SPRAY TAN INSTRUCTIONS (BEFORE CARE, AFTER CARE) FAQ'S, DIRECTIONS AND WARNINGS ARE LOCATED ON THE FEISTAN.COM WEBSITE AND/OR ANY INSTRUCTIONS THAT YOU RECEIVE AT THE TIME OF THE TANNING APPOINTMENT.

1. General Conditions - Feistan Spray Tan Appointments, Services and Feistan At Home Products

a. There are No refunds for canceled spray tan appointments unless the dancer has been injured or is not attending the event AND you have canceled at least 72 hours before your appointment time. There are no refunds for cancelations made within 72 hours of your scheduled appointment. There are no refunds for no shows. Rescheduling is permitted up to 72 hours prior to your scheduled appointment. There is no charge for rescheduling. Rescheduling is done on a first come, first serve availability basis.

b. Clients under the age of 18 must be accompanied by a parent or guardian to their spray tan appointment as a consent form will have to be signed.

c. The spray tanning process is accomplished by the application of a solution that contains the active ingredient, DHA (Dihydroxyacetone) DHA has been approved in cosmetic use by the FDA. The DHA solution is sprayed on to the skin manually with a HVLP (High Velocity Low Pressure) spray gun. All Feistan services include 1 application of PH balance which allows the skin to absorb the tanning solution and up to 3 applications of tanning solution. Feistan will not under any circumstances apply more then 3 applications of tanning solution in 1 session, the skin can only absorb as much solution that is applied with 3 applications within a 24 hour period. Applying more then 3 coats of tanning solution within 24 hours could turn your skin orange, green or another unfavorable color other then brown. Applying more then 3 coats of tanning solution within a 24 hour period could also have an adverse affect on your tan causing it to peel off. Applying more then 3 coats of tanning solution within a 24 hour period could cause an unfavorable skin reaction. A fourth and fifth coat of tanning solution can be applied after 24 hours time from your first application. If you wish to have a fourth/fifth coat, all clients will be required to reserve and pay for a second appointment.

d. The Feistan At Home application process is accomplished by the application of a solution that contains the active ingredient, DHA (Dihydroxyacetone) DHA has been approved in cosmetic use by the FDA.

The main tanning agent used in Feistan At Home self-tanning products is dihydroxyacetone (DHA). The DHA doesn’t produce a “real tan” by increasing the skin’s melanin levels. It does create the tanned appearance by developing a brown color on the surface of the skin.

The action of the DHA is limited to the upper layer of the skin only and involves a reaction between the DHA, skin proteins and oxygen that produces the brown appearance. The process is similar to what happens when you open an banana and it turns browns when it’s exposed to the oxygen in the air.

Precautions should always be taken when applying Feistan At Home products. Precautions include but are not limited to the following.

Avoid getting any form of the Self Tanner, PH Skin Prep or Feistan Fade in your eyes, ears, nose, mouth or open wounds. Use protective equipment to prevent the products from entering or coming in contact with the above body parts. Stop using immediately if you develop a rash or have a reaction. Contact a medical professional immediately if you have a reaction or develop a rash.

Other precautions regarding sunless tanning are Contact Dermatitis or Irritant Dermatitis, which is a skin rash resulting from exposure to allergens or irritants. The reaction is very rarely reported but should be watched out for. It is likely due to other ingredients such as preservatives in the preparation of the products. Please perform a skin patch test for home products or ask your technician to perform a skin patch test for spray tans if this is a concern.

"Warning: All of our products do NOT contain a sunscreen and does not protect against sunburn. Repeated exposure of unprotected skin while tanning may increase the risk of skin aging, skin cancer, and other harmful effects to the skin even if you do not burn."

e. You the customer understand that Feistan At Home products have a 3 month shelf life from the purchase date as long as the product is stored in the proper conditions. (Room temperature, out of direct sunlight, not exposed to extreme temperatures) All Feistan At Home products have storage directions on their labels and the Feistan.com website.

f. Feistan At Home Products: Are Not eligible for return regardless if the product is opened or unopened, except for defects in the solution or workmanship, to be determined by Feistan. Feistan At Home Products are Not eligible for return if you ordered the wrong product. The integrity of our products can't be guaranteed by us, once you have taken possession, therefore we cannot resell these items. Feistan At Home products are of a very high quality and freshness.

g. Feistan can't guarantee individual results as personal skin types and other conditions and application techniques can affect the outcome of the developed color and tan, which also includes the gradual fading and wear of the tan. Examples of things that can affect the tanning process, wear and fading include but are not limited to: An individuals medications, skin preparation, amount of product applied, following of our directions, stress, female cycles, hormonal changes, life changes, product amount applied, wait time before showering off the bronzer, life changes, environmental changes, life styles etc.

h. I understand that there will visibly be other female clients either partially nude, naked or in their underwear or swimsuits in the tanning area and I do not object to seeing this.

2. Force Majeure:

No Party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to, acts of God such as hurricanes, earthquakes, flooding, fire, government restrictions (including the denial or cancellation of any export or other necessary license), wars, terrorist acts, an epidemic or pandemic, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected. Should a clients Feistan appointment be canceled, postponed or otherwise adversely impacted as a result of a force majeure event, there shall be no refunds for payments already received by Feistan. If necessary, subject to Feistan's availability, and a substitute representative may be present on Feistan's behalf depending upon the issue at hand. If an event is rescheduled, additional fees may be incurred and due to Feistan as a result of a rescheduled event.

2a. Feistan makes no representation, neither expressly or impliedly, as to the accuracy reliability or timeliness of any materials or information on this website. In no event shall Ennybegs Inc., its officers, directors or affiliates be liable for any indirect, direct, punitive or consequential damages. This includes, but is not limited to the loss of income, emotional distress, medical issues and pain and suffering arising from the use of any and all ENNYBEGS INC., services or products, either from the Feistan.com website or from any information or advice given by the employees or volunteers of FEISTAN, FEISTAN.COM or ENNYBEGS INC., FEISTAN AT HOME, FEISTAN. You agree that your use of the Feistan.com website is on an as available basis. Feistan Inc. and its affiliates will not be liable to you or any other person as a result of your use of the website and/or services. The Customers of Feistan, Feistan.com, Ennybegs Inc., Feistan At Home, Feistan are responsible for providing all personal computers and communications equipment necessary to access and use the website. Customers of Ennybegs Inc., Feistan At Home, Feistan will not hold Ennybegs Inc. liable in any way, shape or form for damages, malfunctions or viruses while accessing and using the website. Including but not limited to; damages for: The loss of data, the inability to use the Feistan.com website and/or problems arising with your hardware, software and Internet connections.

3. Indemnity by the Customer:

You the customer of ENNYBEGS Inc. services and products and you the customer of ENNYBEGS Inc., Feistan At Home, Feistan will indemnify, defend and hold FEISTAN, FEISTAN.COM, Ennybegs Inc, and Feistan At Home and all of its affiliates harmless for any losses, costs, expenses, medical conditions and liabilities relating to your use of Feistan.com spray tan services as well as Ennybegs Inc., Feistan At Home self tanning products and applicators including but not limited to any breach of terms in any and all terms of this agreement. Ennybegs Inc. and/or any of employees and officers will not be held responsible for any performance results, medical reactions of an airbrush spray tan or the use of Feistan At Home products as well as an airbrush spray tan that has been applied over a home self tanning product. All clients have been informed of this on the Feistan website as well as in the signed disclaimer and in our Terms when making a Feistan At Home purchase. There must be at least 10 days between a self tanner application and a Feistan airbrush spray tan.

4. Privacy Policy

FEISTAN.COM respects your privacy and permits you to control the treatment of your personal information. A complete statement of FEISTAN.COM's current Privacy Policy can be found by clicking here. FEISTAN.COM's Privacy Policy is expressly incorporated into this Terms of Use. When you open an account to use or access certain portions of the Site or the Services, you must provide complete and accurate information as requested on the registration and/or order forms, including but not limited to the Feistan At Home Product Ordering Pages. You may also be asked to provide a user name and password as well as submit payment through our online scheduling system PayPal, Stripe or both. If you choose to register, you agree to: (a) supply the information requested in the registration process, (b) ensure that all the information you supply to us is accurate, and (c) update your personal information. You are entirely responsible for the maintaining the confidentiality of your password. You may not use a third party's account, user name or password at any time. You agree to notify FEISTAN.COM immediately of any unauthorized use of your account, user name or password. FEISTAN.COM shall not be liable for any losses you incur as a result of someone else's use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by FEISTAN.COM, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else's use of your account or password. In connection with the use of certain FEISTAN.COM Products or Services, You may be asked to provide personal information in a questionnaire, application, form, order form, video upload, image upload or similar document or service. This information will be protected pursuant to our Privacy Policy. In addition, you grant FEISTAN.COM a worldwide, royalty-free, nonexclusive, and fully sub-licensable license to use, distribute, reproduce, modify, publish and translate this personal information, with the exception of your mailing address and all credit card information, solely for the purpose of enabling your use of the applicable service. You may revoke this license and terminate FEISTAN.COM's rights at any time by removing your personal information from the applicable service.

5. Cancellation and refund policy

5.1 In Regard to Feistan Spray Tan Services

Refunds will only be issued under the following circumstances: Your spray tan appointment is canceled at least 72 hours prior to the scheduled appointment time AND the dancer is not dancing due to an injury or the dancer is not attending the event. There are no refunds for appointments that are cancelled within 72 hours of the scheduled appointment time. There are no refunds for no shows or the inability of Feistan to perform services due to a Force Majeure situation.

5.2 In Regard to All Feistan At Home Products

There are no refunds on any Feistan At Home products except for defects in the solution or workmanship, which will be determined by an employee of Feistan/ Ennybegs Inc.

Customers with Addresses outside of the 48 Contiguous United States:

*****Any applicable customs, tariffs, import, duties, taxes, brokerages or other fees are the responsibility of the buyer.*****

6. Ownership

This Site is owned and operated by ENNYBEGS INC. FEISTAN IS A REGISTERED TRADEMARK. All rights, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, videos, sounds and images are owned or licensed either by ENNYBEGS INC. or by our respective third party authors, developers or vendors. Except as may be expressly stated on the Site or in these Terms of Use, none of the materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license under any of FEISTAN's or FEISTAN.COM intellectual property rights, whether by estoppal, implication or otherwise. See the Contact Information below if you have any questions about obtaining such licenses. FEISTAN does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by FEISTAN.COM. Any rights not expressly granted herein are reserved by FEISTAN.

7. Limited Permission to Download

FEISTAN hereby grants you permission to download, view, and print the Materials found on FEISTAN.COM on any single, stand-alone computer solely for your PERSONAL USE. Business use is strictly prohibited unless permission has been obtained from Ennybegs Inc. (ii) the Materials are not used on any other Web site nor in a networked computer environment and (iii) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Use. On any such termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, laws of privacy and publicity, communications regulations and statutes as well as other rights, laws, rules, regulations and statutes.

8. Links to Third Party Sites

This Site may contain links to Web sites controlled by parties other than FEISTAN.COM or FEISTAN Third Party Sites. FEISTAN.COM may work with a number of partners and affiliates whose sites are linked with FEISTAN.COM. Both FEISTAN.COM and FEISTAN are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any Website accessed from a Third Party Site, or any changes or updates to such sites. FEISTAN.COM makes no guarantees about the content or quality of the products or services provided by such sites. FEISTAN.COM is not responsible for webcasting or any other form of transmission received from any Third Party Site. FEISTAN.COM is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by FEISTAN.COM of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that neither FEISTAN.COM nor FEISTAN are responsible for any loss or damage of any sort you may incur from dealing with a third party.You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.5. Reviews, Comments, Communications, And Other Content. At various locations on the Site, FEISTAN.COM may permit visitors to post reviews, comments, likes, ratings, communications, and other content. Contributions to, access to and use of the User Content is at your own risk and subject to the below terms and all other terms and conditions of these Terms of Use/Service.

9. Rights and Responsibilities of FEISTAN.COM

FEISTAN.COM respects the intellectual in appropriate circumstances and at its property of others, and we ask our users to do the same. FEISTAN.COM may, at our discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide FEISTAN's Copyright Agent with the following information:a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property or interest. A description of the copyrighted work or other intellectual property that you claim has been infringed;c. A description of where the material that you claim is infringing is located on the site;d. Your address, telephone number, and email address. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. FEISTAN's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows: By mail: Copyright Agent - FEISTAN 565 Plandome Rd. Suite 107 Manhasset, NY 11030. By email: admin@FEISTAN.COM is not the publisher or author of the User Content. It is a passive service for storage and dissemination of the ideas and opinions that FEISTAN.COM members may choose to post and distribute as User Content. FEISTAN.COM does not screen works before they are posted, and no prior approval is required for posting. FEISTAN.COM disclaims all copyright and ownership in such works and all responsibility for them. Although we cannot make an absolute guarantee of system security, FEISTAN.COM takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us by E-MAIL at admin@ FEISTAN.COM. If FEISTAN's technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members. FEISTAN.COM reserves the right to delete those files or to stop those processes. If the FEISTAN.COM technical staff suspects a user name is being used by someone who is not authorized by the proper user, FEISTAN.COM may disable that user's access in order to preserve system security. In all such cases, FEISTAN.COM will contact the member as soon as feasible. FEISTAN.COM has the right, in our sole and absolute discretion, to (i) edit, redact or otherwise change any User Content, (ii) re-categorize any User Content to place it in a more appropriate location or (iii) pre-screen or delete any User Content that is determined to be inappropriate or otherwise in violation of these Terms of Use, including but not limited to User Content containing offensive language and advertisements. FEISTAN.COM reserves the right to refuse service to anyone and to cancel user access at any time.

10. Rights and Responsibilities of FEISTAN.COM Users or Other Posters of User Content

You are legally and ethically responsible for any User Content - writings, files, pictures or any other work - that you post or transmit using any FEISTAN.COM service that allows interaction or dissemination of information. In posting User Content, you are responsible for honoring the rights of others, including intellectual-property rights(copyright, patent and trademark), the right to privacy and the right not to be libeled or slandered. For example, if you wish to post a copyrighted work as User Content, you are responsible for first obtaining the copyright holder's permission. Under United States federal law, you retain copyright on all works you create and post as User Content, unless you choose specifically to renounce it. By posting such user content, you grant a license to FEISTAN.COM to use, reprint, distribute, modify, and create derivative works, which will be owned by FEISTAN.COM. In posting a work as User Content, you authorize other members who have access to that service to make personal and customary use of the work, including creating links or reposting, but not otherwise to reproduce or disseminate it unless you give permission for such dissemination. You also give permission to FEISTAN.COM to copy your works as part of the normal backup process. You have the right to remove any of your works from User Content at any time. The use of your FEISTAN.COM user account or posting User Content for any illegal activity under the laws of the State of New York and the United States is a violation of these Terms of Use. Since the law as to jurisdiction of online systems is unsettled, we urge you to consider the possible effect of laws outside FEISTAN.COM locality or your own residence. FEISTAN.COM is open to members worldwide (and works published on the World Wide Web, Usenet or other such services are accessible to anyone on the Internet), and FEISTAN.COM cannot guarantee that you will not run into legal trouble in other jurisdictions over your posting. You agree not use the Site in any way that could damage, disable, or impair any Services provided FEISTAN.COM (or the network(s)connected to the Site), violate the privacy and security of other users, or interfere with any user's use and enjoyment of any of the Site. You agree not to attempt to gain unauthorized access to any services offered on the Site, other accounts, computer systems or networks connected to the Site, through hacking, password mining or any other means. You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.5.3. Your Rights and Responsibilities as a FEISTAN.COM CUSTOMER, User, Viewer and Reader of User Content. In order to participate, book appointments, receive services, and become a client of FEISTAN, FEISTAN.COM you are required to provide your real name when signing up as a user, client, customer of FEISTAN, FEISTAN.COM. If you have a complaint about the behavior or posts of another user, it is your responsibility to attempt to resolve the conflict, typically by contacting that person directly, if possible. Normally, FEISTAN.COM staff will not take a role in mediating conflicts between you and other FEISTAN clients, customers or users. FEISTAN.COM does not take responsibility for your behavior or that of other users. Your access to the postings that users have posted as User Content is for your personal use only. If you want to redistribute postings you find as User Content, it is your responsibility to obtain permission from the poster (and any other person with rights in such work).

11. Your Agreement to Release and Hold Harmless FEISTAN, FEISTAN.COM and ENNYBEGS INC.

For Any Harm Resulting From Your Communication or Contact with Other FEISTAN.COM Users. FEISTAN.COM CAN FUNCTION AS A PASSIVE COMMUNICATION SERVICE WHICH ALLOWS USERS TO CONTACT AND COMMUNICATE WITH ONE ANOTHER. FEISTAN.COM IS NOT RESPONSIBLE FOR ANY COMMUNICATIONS MADE BY FEISTAN.COM USERS. YOU AGREE THAT ANY ATTEMPT MADE BY YOU TO MAKE DIRECT CONTACT OR ANY ACTUAL DIRECT CONTACT WITH ANY FEISTAN.COM USER IS MADE AT YOUR OWN RISK AND YOU AGREE TO RELEASE AND HOLD FEISTAN.COM, ENNYBEGS INC., FEISTAN AND FEISTAN AT HOME HARMLESS, IRREVOCABLY RELEASE FEISTAN.COM AND FOREVER DISCHARGE FEISTAN.COM, ITS AGENTS, AFFILIATES, EMPLOYEES,OFFICERS, SUCCESSORS AND/OR ASSIGNS FROM ALL MANNER OF ACTIONS, CAUSES OF ACTION, CLAIMS, SUITS, COVENANTS, CONTROVERSIES, AGREEMENTS, PROMISES, DAMAGES, CHARGES, AND DEMANDS, WHATSOEVER, IN LAW OR IN EQUITY OR OTHERWISE, FOR ANY HARM, ECONOMIC OR PHYSICAL, ARISING OUT OF YOUR ATTEMPT TO CONTACT OR ACTUAL CONTACT WITH OTHER FEISTAN.COM USERS.ADDITIONALLY, YOU AGREE TO INDEMNIFY FEISTAN.COM FOR ANY HARM TO THIRD PARTIES, ECONOMIC OR PHYSICAL, ARISING OUT OF YOUR ATTEMPT TO CONTACT OR ACTUAL CONTACT WITH OTHER FEISTAN.COM USERS.

12. No Warranty

THE SITE AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, FEISTAN.COM, FEISTAN, FEISTAN AT HOME AND ENNYBEGS INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FEISTAN.COM MAKES NO WARRANTY THAT: (A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS OR ARE SUITABLE FOR YOUR USE OR CIRCUMSTANCES.OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. FEISTAN.COM SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

13. Limitation of Liability

IN NO EVENT SHALL FEISTAN.COM, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS,OR LICENSEES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR MATERIALS AVAILABLE FROM THIS SITE, EVEN IF FEISTAN.COM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT ORDATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH INSTANCE THE MAXIMUM LIABILITY OF ENNYBEGS INC., FEISTAN, FEISTAN AT HOME AND FEISTAN.COM TO YOU IS $100.00 OR THE LOWEST AMOUNT ALLOWABLE UNDER THE APPLICABLE LAWS.

14. Indemnification

You agree to defend, indemnify and hold harmless ENNYBEGS INC., FEISTAN, FEISTAN AT HOME AND FEISTAN.COM, our officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of orin any way connected with your access to or use of the Site and the Materials. Unsolicited Submissions. Except as may be required in connection with your use of FEISTAN.COM Services, FEISTAN.COM does not want you to submit confidential or proprietary information to us through this Site. All comments, feedback, information or material submitted to FEISTAN.COM through or in association with this Site shall be considered non-confidential. By providing such submissions to FEISTAN.COM you hereby grant FEISTAN.COM a license to use, reprint, distribute, modify and create derivative works which will be owned by FEISTAN.COM. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.

15. Compliance with Intellectual Property Laws

When accessing FEISTAN.COM or using FEISTAN.COM Services, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party's copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership, trademark ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your FEISTAN.COM user account. If you believe that any Content on the Site is infringing on your copyright, you may seek the removal of such Content by providing notice to us in accordance with the Notice and Take Down provisions of the Digital Millennium Copyright Act at admin@FEISTAN.COM as described above. Inappropriate Content. When accessing the Site or using FEISTAN.COM Services, you agree not to upload, download, display, perform, transmit orotherwise distribute any content that: (a) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. FEISTAN.COM reserves the right to terminate or delete such material from its servers. FEISTAN.COM will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

16. Children

Minors are not eligible to use the Site and we ask that they do not submit any personal information to us.

17. Governing Law Venue

By using this Site, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of New York, excluding its choice of law rules. Any legal action or proceeding relating to your access to or use of the Site or Materials shall be instituted in a state or federal court in the State of New York, County of New York. YOU, ENNYBEGS INC. AND FEISTAN.COM agree exclusively and irrevocably to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. These Terms of Use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site.

18. Copyrights

19. Trademarks

FEISTAN IS A REGISTERED TRADEMARK. ENNYBEGS INC., FEISTAN and FEISTAN.COM, all images, logos and text, and all page headers, pages, custom graphics and button icons are service marks, trademarks and/or trademarks of ENNYBEGS INC. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

20. Acknowledgement

BY USING ENNYBEGS INC., FEISTAN.COM'S SERVICES, PRODUCTS OR ACCESSING THE FEISTAN.COM SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND SERVICE AND AGREE TO BE BOUND BY THEM.

21. Contact

If you have any questions about these Terms of Use, the practices of this website, or your dealings with this website, you can contact us admin@FEISTAN.COM or Feistan 565 Plandome Rd. Suite 107 Manhasset, NY 11030.

22. Become a Feistan Girl Terms of Use and Disclaimers

CONSIDERATIONS WITH REGARD TO UPLOADED PICTURES:

By uploading pictures to the Feistan website, participants grant Ennybegs Inc. and Feistan a non-exclusive, sub licensable and transferable right to display, perform, copy, and alter the pictures. By uploading pictures to the website, participants warrant that the pictures do not violate the intellectual upload pictures.

A. By submitting this content, you provide appropriate licenses for its use. When you submit your content to this website via any of our on-line submission forms through Feistan or via Email, Facebook or any other social media network, you grant Feistan a non-exclusive, worldwide, royalty-free, sub licensable, transferable right and license to use, (without limitation) host, store, cache, reproduce, publish, display (publicly or otherwise), perform, distribute, transmit, modify, adapt and create derivative works of the contents. The rights you grant in this license are for the purposes of promoting Feistan, in accordance with Feistan's terms of use.

B. You agree that you have all necessary licenses and permissions to submit this content and have it posted. You represent and warrant that you have all necessary rights, licenses, and permissions to grant the above licenses and that the content submitted by you, and the submission of such content, do not and will not violate any intellectual property rights (including but not limited to copyrights and trademark rights) of any third party. You agree that you will indemnify, defend, and hold harmless Ennybegs Inc., Feistan, its parents, subsidiaries, affiliates, customers, vendors, hosts, officers, and employees from any liability, damage or cost (including reasonable attorneys' fees and costs) from any claim or demand made by any third party due to violation of these representations and warranties, or otherwise arising out of any submitted content.

Top of page

Return to home page