Last Updated: January 17, 2024 Welcome to Cosplayfuns!
When you visit our online store Cosplayfuns.com, JinLuo Tech Co., Ltd(“JinLuo ”, “we”) provides website features and other products/services subject to your acceptance of these Terms of Use.
JinLuo Tech Co., Ltd is established in China in accordance with local laws and regulations (certificate number: 91440300MA5GYJWL31). Cosplayfuns.com is JinLuo Tech Co., Ltd’s online sales related to camping, rock climbing, cycling and hiking projects. We select cost-effective goods from many domestic and foreign brands that have been verified in practice, covering different demand scenarios from entry-level to professional models.Customers may purchase items through our online store, and we will handle order fulfillment and subsequent support.
All activities relating to your use of our website must comply with this User Agreement. We aim to improve your customer experience, so please contact us if you encounter any issues on our website.
This statement is intended to explain that we are a company operating the online store at Cosplayfuns.com. By visiting this website you agree to these terms of use. Please contact us if you have any other questions.
We may amend these Terms from time to time. Notice will be posted on our website and/or sent to you. Your continued use after amendments will constitute your consent. Please ensure you have read and understood the latest Terms prior to purchase.
Please carefully review these Terms of Use before using our websites. These Terms form a legal agreement between you and JinLuo Tech Co., Ltd governing your use of the websites. We recommend saving a copy of these Terms for your records.
By using our websites, you affirm that you have the legal capacity and authorization to agree to and comply with these Terms. If you do not agree to any portion of these Terms, or are not legally able to enter into their terms, then you may not use our websites.
Please note that these Terms contain provisions which govern how claims you and JinLuo Tech Co., Ltd have against each other are resolved, including (1) an arbitration agreement that waives class action lawsuits and jury trials for certain claims, and (2) a limitation of forum for resolving disputes. Arbitration is less formal than a lawsuit in court, and review of the arbitration decision is more limited. You should review section X for full details.
Privacy and Security
Please review our Privacy Policy, which is incorporated within these Terms and governs your use of the websites. In case of conflict between the Privacy Policy and these Terms, the Terms will prevail.
Information security is paramount at JinLuo Tech Co., Ltd. We have implemented reasonable physical, electronic, and managerial safeguards to protect any user information or data collected from users. However, JinLuo Tech Co., Ltd reserves the right to disclose any information we deem necessary to comply with any applicable law, regulation, legal process or governmental request.
You are responsible for all activity that occurs under your account on the website. You agree to implement security measures to maintain confidentiality and security of any passwords associated with your account. You must not share your account or password with anyone else. You also agree to (1) immediately notify JinLuo Tech Co., Ltd of any unauthorized access or use of your password or any other breach of security; and (2) log out of your account at the end of each session on the website. You agree not to use false identities or information to create an account, or create an account on behalf of anyone other than yourself.
Changes
JinLuo Tech Co., Ltd reserves the right to modify these Terms, our Privacy Policy, and/or the websites at any time. However, any modifications will not apply retroactively to claims made or disputes that arose before we implemented the modifications and notified you of the changes. Your continued use of the websites after any modification constitutes your agreement to be bound by the modified Terms and/or Privacy Policy. The revised Terms and/or Privacy Policy will supersede all previous versions, notices or statements regarding the websites.
We will notify you of any changes to these Terms through prominent notice on the websites, such as updating the “Last Updated” date at the top of these Terms. Changes will become effective upon publishing. You are responsible for regularly reviewing these Terms for any changes. Continued use of the websites after a change constitutes your acceptance of the new Terms.
In the event of material changes that affect your rights or obligations, we may require explicit affirmative consent from you. Upon request, you agree to sign a non-electronic version of these Terms. If you do not agree to any modifications, you must discontinue your use of the websites.
Intellectual Property
The website contains valuable trademarks and service marks owned and used by JinLuo Tech Co., Ltd, including but not limited to the Cosplayfuns logos. Unauthorized use of the JinLuo Tech Co., Ltd marks is prohibited.
The compilation, arrangement, and layout of the website, including but not limited to the Cosplayfuns marks, images, text, graphics, buttons, screen shots, music, downloadable files and other content or materials on the websites (collectively, “Content”) are the exclusive property of JinLuo Tech Co., Ltd.
You are prohibited from copying, reproducing, modifying, republishing, uploading, posting, transmitting, making derivative works of, or in any other way exploiting any part of the websites or Content, in whole or in part, except with our prior written permission.
Product Reviews, Social Media, and other User-Generated Content
The websites may allow submission of content such as reviews, photos, text, graphics, video clips, audio, illustrations, blogs, product reviews or any other content or information you may provide (“User Content”) from time to time through social media features or general written consent, whether generated by you or other users (each, a “Posting”). User Content is governed by these Terms.
You are solely responsible for your own User Content and the consequences of posting or publishing it. Any User Content or other materials, information or ideas you submit, post or display on the websites or provide to JinLuo Tech Co., Ltd are non-confidential and non-proprietary. You acknowledge that you will not receive any compensation for JinLuo Tech Co., Ltd’s use of your User Content.
By directly submitting User Content or using the Cosplayfuns social tags as defined herein, you represent and warrant that: (i) you have personally used and are personally familiar with the product(s) that are the subject of your User Content; (ii) your User Attributes are accurate, truthful and reflect your honest views; (iii) any User Content you submit is not in response to any contest or incentive offered by Cosplayfuns and contains clearly visible disclosure if it was; (iv) it does not infringe on any copyright, trademark, trade secret, patent, privacy right, publicity right or other intellectual property or proprietary right of any third party or violate any applicable law, rule or regulation; and (v) you either own or have the legal right to use and authorize JinLuo Tech Co., Ltd to use your User Content as contemplated by these Terms, including written permission for use of any person’s name, voice, likeness or other applicable personal rights that may be contained in or associated with your User Content or User Attributes; and (vi) it does not violate JinLuo Tech Co., Ltd’s Acceptable Use Policy set forth below. You further agree to indemnify JinLuo Tech Co., Ltd from any loss incurred as a result of User Content you provide.
As between you and JinLuo Tech Co., Ltd, you will retain ownership of all intellectual property rights in your User Content. However, by submitting User Content to JinLuo Tech Co., Ltd, you hereby grant JinLuo Tech Co., Ltd a perpetual, worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, copy, distribute, edit, modify, reformat, excerpt and translate any User Content, in whole or part, including future rights not yet existing, through all media presently existing or developed in the future and for all current or future uses, including for advertising, marketing, and promotional purposes. You also grant each user of the websites a non-exclusive license to access your User Attributes and to use, reproduce, distribute, display and perform such User Content to the extent permitted by these Terms. We may display your User Attributes on pages or media where your User Content is viewed or derivative works created therefrom are displayed, including advertising, and may use your User Elements or derivative works created from them to promote, market and advertise JinLuo Tech Co., Ltd or the websites.
Social Media Tagging
When you tag us, we may want to share your User Content.
By using #Cosplayfuns, #JinLuo Tech Co., Ltd, #ShareCosplayfuns, @Cosplayfuns, @JinLuo Tech Co., Ltd or any other similar social media tags related to the websites (collectively, “Cosplayfuns Tags”), each user hereby grants JinLuo Tech Co., Ltd an unrestricted, irrevocable, royalty-free, fully paid, worldwide, perpetual, transferable license to use any images, text, graphics, video clips, audio, illustrations, or any other materials that user uploads in the user-generated content on sponsor sites and via all social media channels, or in any and all marketing materials. Each user represents and warrants that any images they upload do not infringe on any third party’s intellectual property rights, including without limitation copyrights and trademark rights.
Acceptable Use Policy
By submitting User Content and otherwise using the websites, you agree not to: (i) submit any User Content that infringes upon any third party’s intellectual property or proprietary rights, unless you own, or have the right to submit, such User Content and grant JinLuo Tech Co., Ltd all of the license rights granted herein; (ii) submit any User Content containing images of minors that does not comply with all local, state and federal laws; (iii) upload, post, email or otherwise transmit content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, racially, ethnically or otherwise objectionable; (iv) use the websites in a manner that could damage, disable or impair JinLuo Tech Co., Ltd or any third party; (v) impersonate any person or entity or falsely claim an affiliation; (vi) manipulate identifiers to disguise the origin of any content; (vii) upload, post, email or transmit unsolicited advertising, promotional materials, junk mail or spam; (viii) contain viruses or interfere with normal functioning; (ix) violate applicable local, state, national or international laws; (x) collect or store personal data of other users without consent; (xi) disparage any person, third party or their products/services without substantiation; (xii) use in a manner that overburdens the websites; and/or (xiii) use any devices, software or instruments to interfere with normal functioning.
You also agree not to violate or attempt to violate the security of the websites. Security breaches could result in civil or criminal liability. JinLuo Tech Co., Ltd reserves the right to investigate incidents involving such violations and cooperate with law enforcement.
Product Orders
Receipt of an order number or electronic order confirmation does not constitute acceptance of an order or confirmation of an offer to sell. JinLuo Tech Co., Ltd reserves the right to limit quantities of any goods ordered and/or refuse service to any customer without notice. Verification of information may be required prior to acceptance of an order. Your email order confirmation and invoices will identify you as the record purchaser of your order, for example certain orders shipped to an Illinois destination are sold by JinLuo Tech Co., Ltd as reflected on your email confirmation and invoices. Prices and availability of products on the website are subject to change without notice. Mistakes will be corrected when discovered, and JinLuo Tech Co., Ltd reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted).
Regarding Our Pricing
If a higher price is shown crossed out on our website product listings (e.g. “List $89”), the crossed out higher price represents the manufacturer or supplier’s suggested retail price. In the absence of a manufacturer or supplier suggested price, the price represents the highest price at which we have previously offered or sold the product at some point in time. If a product is temporarily discounted in price, an additional crossed out “sale” price will be provided, and our “Sale” tags on product listings on our website indicate we are selling the product at a lower price than what it has been priced at for the prior 90 days.
Our pricing does not match. Promotional codes only apply during checkout. Customer service will not honor any promotional code adjustments to orders placed.
Links to Other Websites
The websites may contain links to third party websites (“External Websites”) that are not under the control of JinLuo Tech Co., Ltd. JinLuo Tech Co., Ltd makes no representations as to the quality, nature or reliability of External Websites accessible by hyperlinks from the websites. Inclusion of any links does not imply any endorsement of External Websites by JinLuo Tech Co., Ltd. JinLuo Tech Co., Ltd provides these links to you only as a convenience. You agree that under no circumstances will JinLuo Tech Co., Ltd be liable for any loss or damage caused by your use of or reliance on any content, goods or services available on other websites. It is your responsibility to review the applicable terms and policies, including privacy and data gathering practices, of any External Websites.
Mobile Devices, SMS and Mobile Apps
If you access website pages optimized for mobile viewing on a mobile device, choose to receive SMS messages from JinLuo Tech Co., Ltd (if available), or use a mobile app, the following additional terms and conditions (“Mobile Terms”) will also apply to you. By accessing the websites from a mobile device or using a mobile app, you agree to these Mobile Terms along with the other Terms.
Opting into promotions indicates your agreement to receive promotional and personalized marketing SMS text messages (including MMS) from JinLuo Tech Co., Ltd to the mobile number you provided at registration, or any other number you designate, including via autodialed calls or messages, including recurring and one-time messages. Message frequency varies. JinLuo Tech Co., Ltd reserves the right to change message frequency at any time to increase or decrease the number of messages sent.
Our SMS programs may include promotions (84047), shopping cart reminders (84047). You are not required to consent as a condition of purchase of any goods or services from Cosplayfuns. You can opt-out at any time for any reason by following the provided instructions or sending “STOP” to the SMS-related short code. You will receive a confirmation message that you have unsubscribed. You acknowledge that our SMS platform may not recognize and respond to opt-out requests that don’t include the keywords STOP, END, CANCEL, unsubscribe or QUIT, and agree that JinLuo Tech Co., Ltd and its service providers have no liability for failure to fulfill any such requests. If you opt-out of one SMS program, you may continue to receive SMS messages from JinLuo Tech Co., Ltd through any other programs you have joined until opting out separately. You can opt back in at any time. For help or more information reply to the SMS-related short code or email [email protected].
Consenting to JinLuo Tech Co., Ltd’s SMS means you are 18+ years old, and either (a) the mobile account holder or (b) have permission from the account holder to register the designated mobile number and understand that SMS and data charges may apply. You agree that you are solely responsible for any mobile network access and telecommunication charges and taxes that may arise from accessing the websites on your mobile device or using a mobile app. All charges will appear on your mobile service provider bill or be deducted from your prepaid balance. Not all mobile devices or service providers may support, and our information may be unable to deliver in all areas. Please check with your participating mobile service provider regarding pricing plans, participation status and details. JinLuo Tech Co., Ltd, its service providers and mobile operators are not liable for delivered or undelivered content. You understand that Wi-Fi or carrier wireless networks may not always be available everywhere, and can be affected by product, software, coverage or other service changes made by your mobile service provider or other third parties. Other terms and conditions may apply to your use of any mobile app software based on the type of mobile device you have installed and are using it on.
California Resident Notice
Proposition 65 requires that if any products offered for sale contain chemicals known to the State of California to cause cancer, birth defects or other reproductive harm, specified warnings must be provided if exposures to such chemicals from product use are above certain thresholds. These warnings pertain to some but not all tools, lead crystal glassware, ceramic dining pieces, tiffany-style lighting fixtures and wiring. If you have any concerns regarding the safety of these products, please call us prior to ordering.
Pursuant to California Civil Code Section 1789.3, Cosplayfuns hereby notifies website users that complaints regarding the website may be emailed to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or called at (800) 952-5210.
Communications with JinLuo Tech Co., Ltd
For all communications to or from JinLuo Tech Co., Ltd including but not limited to feedback, issues, comments, suggestions etc.: (i) you waive any right of confidentiality, and JinLuo Tech Co., Ltd has no obligation to protect your communications from disclosure; (ii) JinLuo Tech Co., Ltd may freely copy, use, disclose and distribute your communications without limitation; and (iii) JinLuo Tech Co., Ltd may freely use for any purpose any ideas, concepts, know-how or techniques contained in your communications, including the development, production and marketing of any products or services embodying such information.
Indemnification
You agree to defend, indemnify and hold JinLuo Tech Co., Ltd, its agents and licensees harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to (i) your use of the websites, including any User Content you submit, post or transmit through the websites; (ii) your violation of these Terms; or (iii) your violation of any rights of another user.
Disclaimer of Warranties
While JinLuo Tech Co., Ltd aims for the information and data contained on the websites to be accurate and reliable, this information and data is compiled from a variety of sources and is provided on an “as is” and “as available” basis. You expressly agree that your use of the websites and any information is at your sole risk. To the fullest extent permitted by applicable law, JinLuo Tech Co., Ltd expressly disclaims all warranties and conditions of any kind, whether express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement, and any warranties or conditions arising out of course of dealing or usage of trade. Some jurisdictions do not allow disclaimer of warranties or conditions, so the above disclaimer may not apply to you.
Limitation of Liability
In no event shall JinLuo Tech Co., Ltd or any of its officers, managers, members, employees, agents, successors, subsidiaries, distributors, affiliates or third parties through any other means (including without limitation by telephone or electronic communication) that provide information, be liable to you or any third party for any direct, indirect, special, consequential, punitive or incidental damages (including without limitation loss of profit, data or other intangible losses) arising out of or relating to your use or inability to use the websites or any information contained on the websites (including User Content), whether based on warranty, contract, tort, or any other legal theory, and whether or not JinLuo Tech Co., Ltd has been advised of the possibility of such damages.
You acknowledge that the foregoing limitations will apply to all content, merchandise, and services offered through the websites or other means. In jurisdictions that do not allow the exclusion or limitation of liability for incidental or consequential damages, liability is limited to the fullest possible extent permitted by law. Notwithstanding the foregoing, if JinLuo Tech Co., Ltd is found to be liable, our liability to you or any third party shall be limited to the greater of (a) the total amount you paid to us for the subject matter of the claim during the twelve (12) months prior to the action giving rise to liability, or (b) US $100.
Furthermore, to the fullest extent permitted by applicable law, you must provide notice to JinLuo Tech Co., Ltd of any claim within one year of when it arose or your claim is barred.
Legal Disputes
Please carefully read this section. Unless otherwise specified in the Terms, you waive rights to a jury trial and to take part in a class, consolidated or representative action or arbitration. Other rights you would have in court, such as discovery or appeal, may not be available or may be limited in arbitration.
Binding Arbitration Agreement; Class Action Waiver
Any dispute, claim or controversy arising out of or relating to (1) these Terms or their interpretation, enforcement, breach, termination or validity, or the relationships which result from these Terms; (2) your access to or use of any website owned or operated by JinLuo Tech Co., Ltd or any of its subsidiary brands; or (3) any products or services sold or distributed by JinLuo Tech Co., Ltd or any of its subsidiary brands, or through any website owned or operated by JinLuo Tech Co., Ltd or its subsidiary brands (collectively “Covered Disputes”), shall be resolved through binding arbitration between you and JinLuo Tech Co., Ltd, its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliated companies (for purposes of this section, collectively “JinLuo Tech Co., Ltd”). The Covered Disputes shall be interpreted broadly.
Mandatory Informal Dispute Resolution
JinLuo Tech Co., Ltd cares about its customers and seeks to resolve disputes informally where possible. Prior to instituting arbitration, you agree to first provide JinLuo Tech Co., Ltd with detailed notice of the dispute (“Notice”), by email to [email protected]. If JinLuo Tech Co., Ltd has a dispute with you, JinLuo Tech Co., Ltd agrees first to send you a detailed notice to your email address, and archive it. Your Notice must contain: (1) your full name; (2) your address, phone number and email address; (3) information sufficient for JinLuo Tech Co., Ltd to identify any transaction subject to the dispute (e.g., your order number, confirmation communications, etc.); and a (4) detailed description of the nature and basis of your dispute, claim or controversy and the nature and basis for the remedy sought.
You must personally sign the Notice. JinLuo Tech Co., Ltd’s Notice will likewise list (1) information sufficient for you to identify any transaction subject to the dispute; and (2) a detailed description of the nature and basis of our dispute and our claim, and the nature and basis for the remedy sought. You and JinLuo Tech Co., Ltd agree to negotiate in good faith to try and resolve the dispute to your satisfaction, without the need for formal legal proceedings. If JinLuo Tech Co., Ltd requests to hold a phone conference with you, as part of this informal process, to try and resolve your dispute, you agree to personally participate in it (with your attorney by your side if you have one). This process is intended to resolve the dispute, but if for some reason it does not resolve within 60 days of full receipt of the Notice, and the parties have not agreed to extend this time period, then either you or JinLuo Tech Co., Ltd may institute arbitration. Compliance with and completion of this mandatory informal dispute resolution procedure is a condition precedent to instituting any arbitration demand. Statutes of limitation and filing fee deadlines shall be tolled while the parties undertake the procedure. The arbitration administrator shall reject or administratively close any arbitration demand unless the claimant has provided written certification that they have fully complied with this procedure. This certification must be personally signed by you or JinLuo Tech Co., Ltd. The court shall have power to stay or dismiss litigation in the event Notice is not first provided and the informal dispute resolution procedure engaged in good faith.
Arbitration Initiation and Rules
Any arbitration between you and JinLuo Tech Co., Ltd shall be administered by the National Arbitration and Mediation (“NAM”) in accordance with NAM’s Comprehensive Dispute Resolution Procedures and Rules then in effect at the time the arbitration demand is submitted to NAM, as modified by this Legal Disputes section. Copies of the NAM rules are available at https://www.namadr.com/resources/rules-fees-forms or by contacting the NAM Case Management Center at 990 Stewart Avenue, 1st Floor, Garden City, NY 11530, email [email protected]. If NAM is unable or unwilling to administer the arbitration proceedings in accordance with their written rules, then the parties agree that any arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with the AAA Consumer Arbitration Rules and the Consumer Due Process Protocol in effect at the time the arbitration demand is submitted to AAA, as modified by this Legal Disputes section. If the American Arbitration Association is unable or unwilling to apply the terms of this Legal Disputes section in writing, then the parties shall mutually agree upon an alternative administrator who will administer the procedures under this Legal Disputes section in writing. If the parties cannot agree, they shall petition a court of competent jurisdiction to appoint an arbitration administrator. Any arbitration shall take place before a neutral arbitrator.
To initiate the arbitration process, you must send a completed Arbitration Demand or Notice of Arbitration provided by the arbitration administrator, along with a detailed statement of your claim, including the information required in your Notice above and attached signed proof of compliance with the above informal procedure (collectively “Demand”), to NAM (or AAA if it is the designated administrator above). You must personally sign your Demand.
You agree to send a copy of your Demand to [email protected]. If JinLuo Tech Co., Ltd initiates arbitration, we will send you a copy of our Demand to your email address, and we will archive it together.
You may choose to conduct arbitration by telephone, virtual means, based on written submissions, or you may personally participate in arbitration in the county of your residence or other reasonable location convenient for you, or location agreed to by the parties. JinLuo Tech Co., Ltd reserves the right to request a live or videoconference hearing at any time within 14 days of any answer deadline. Thereafter, JinLuo Tech Co., Ltd reserves the right to request the arbitrator conduct a live or virtual hearing, and the arbitrator may request you to personally participate in such a hearing if held (with your attorney by your side if you have one). If a hearing is held live, it shall take place subject to the geographical parameters described above.
Arbitration Fees
Payment of all filing, administration and arbitrator fees will be governed by the NAM Rules (if AAA is designated above, then the AAA Rules). Once, if economic hardship exists, JinLuo Tech Co., Ltd will consider your request for immediate reimbursement of a portion of the arbitration fees as set out in the NAM or AAA Rules.
Arbitration Administrator
The arbitrator shall have the exclusive authority to resolve all claims and disputes between the parties relating to the formation, enforceability, scope, or any other aspect of these arbitration provisions or whether a claim is arbitrable.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, the arbitrator may award on an individual basis the same damages and relief, including injunctive, declaratory or statutory relief, as a court could award, but only to the extent necessary to provide relief warranted by the claimant’s individual claim. The arbitrator shall not award relief for or against any person or entity that is not a party. The arbitrator shall be bound by these Terms and must comply like a court would. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. An arbitration award shall be applicable only to you and JinLuo Tech Co., Ltd, shall not have any preclusive effect in any other arbitration or proceeding involving different parties, provided that the arbitrator may consider other arbitration awards involving different parties. The arbitrator may award costs and fees, including attorneys’ fees, as provided under the NAM Rules (or AAA Rules if AAA is designated above) or otherwise allowed by law and awarded pursuant to FRCP Rule 68 after judgment.
The Only Exception to Arbitration
Notwithstanding the foregoing, in lieu of arbitration: (1) you or JinLuo Tech Co., Ltd may elect to bring an individual action in a small claims court of competent jurisdiction, provided the claim remains an individual claim and is pursued on that basis through that litigation to completion and any appeals; and (2) you agree that you or JinLuo Tech Co., Ltd may petition the court for injunctive or other equitable relief for the alleged improper use, disclosure, or misappropriation of intellectual property rights.
Jury Trial and Class Action Waiver
Except as the Terms of Use otherwise provide and to the fullest extent permitted by law, you and JinLuo Tech Co., Ltd acknowledge and agree that each party is waiving the right to a trial by jury and to litigation of disputes in state or federal courts of general jurisdiction.
If 25 or more individuals seek to initiate arbitrations against JinLuo Tech Co., Ltd raising similar claims, and counsel for such claimants are the same or coordinated (“Mass Claims”), additional procedures shall apply along with applicable arbitration rules.
You understand and agree that if you choose to initiate your claim as part of Mass Claims, the adjudication of your claim might be delayed. This means that you and JinLuo Tech Co., Ltd agree that the arbitrator may only award declaratory or injunctive relief on an individual basis as relevant to the individual claim.
If a court determines that this class action waiver is not enforceable as to a particular claim or request for relief and all appeals from that decision have been exhausted, then the parties agree that particular claim shall proceed in court pending arbitration of remaining claims.
If these additional mass arbitration procedures apply to your claim, any applicable statute of limitations shall toll from selection of first bellwether cases until your claim is selected or otherwise resolved.
You and JinLuo Tech Co., Ltd agree that a court shall have authority to enforce these mass arbitration procedures and enjoin improperly filed arbitrations if necessary.
Governing Law
You and JinLuo Tech Co., Ltd agree that any claim between us involves commerce under, and is governed exclusively by, the Federal Arbitration Act (“FAA”) and federal law, and not by any state or local laws, or the laws of other countries, concerning or purporting to place limits on the availability or scope of arbitration or in any way imposing requirements beyond or inconsistent with those set forth in the FAA. Where otherwise applicable, the laws of the Commonwealth of Massachusetts apply. Should any action proceed in court (other than in small claims court), you consent to the exclusive jurisdiction of the federal and state courts of the Commonwealth of Massachusetts.
Other
To the extent that any other provision of the Terms of Use is found to be inconsistent with rights, duties, and requirements of this arbitration agreement, or where the application of such a provision would change or render unenforceable any part of this arbitration agreement, such provision shall be null and void and the terms of this arbitration agreement shall control. Back to Top
Termination
Your ability to access and use the Sites remains in effect until terminated in accordance with these Terms of Use. You agree that JinLuo Tech Co., Ltd, in its sole discretion, may terminate your account and your use of the Sites and may remove and delete your User Content if JinLuo Tech Co., Ltd believes that you have violated or acted inconsistently with these Terms of Use or for any other reason. JinLuo Tech Co., Ltd also may in its sole discretion and at any time discontinue providing the Sites, or any part thereof, with or without notice. You agree that any termination of your access to the Sites may be effected without prior notice and you acknowledge and agree that JinLuo Tech Co., Ltd may bar any further access to the Sites. Further, you agree that JinLuo Tech Co., Ltd will not be liable to you or any third-party for any termination of access to the Sites.
The provisions of the Intellectual Property Rights, User-Generated Content, Acceptable Use Policy, Disclaimer of Warranties, Indemnity, Limitation of Liability, Legal Dispute sections, together with and any other rights and obligations which by their nature are reasonably intended to survive such termination, will survive any termination of these Terms of Use.
Access Requirements
YOU MUST BE AT LEAST AGE 13 TO USE THE SITES. By using the Sites, you affirm that you are over age 13. If you are under age 13, you may not access or use the Sites.
IF YOU ARE A PARENT OR GUARDIAN THAT PROVIDES CONSENT TO YOUR TEENAGER’S REGISTRATION WITH AND USE OF THE SITES, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH TEENAGER’S USE OF THE SITES.
Outages
JinLuo Tech Co., Ltd periodically schedules system downtime for the Sites for maintenance and other purposes. Unplanned system outages also may occur. You agree that JinLuo Tech Co., Ltd has no responsibility and is not liable for: (a) the unavailability of any of the Sites; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting any of the Sites, any Internet service providers or otherwise.
Jurisdictional Issues
Cosplayfuns operated by JinLuo Tech Co., Ltd from its offices in ShenZhen, China. The Site is intended for users who reside in the United States of America. JinLuo Tech Co., Ltd makes no representations or warranties that the Sites or any materials contained in them are valid, appropriate or available for use outside of the United States. If you access and use the Sites outside the United States, you do so at your own risk and are responsible for compliance with applicable local laws. JinLuo Tech Co., Ltd reserves the right to limit the availability of the Sites and/or the provision of any service, program or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion. Any software on the Sites is subject to United States export controls and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods or which is subject to other applicable U.S. trade sanctions; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any software from the Sites, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
General Information
No waiver of any provision or any breach of this Agreement will constitute a waiver of any other provisions or any other or further breach. In the event that any provision of this Agreement is determined to be illegal or unenforceable, the balance of the Agreement shall continue to be fully valid, binding, and enforceable. These Terms of Use set forth the entire Agreement between you and JinLuo Tech Co., Ltd with respect to use of the Sites and supersede any prior agreements between you and JinLuo Tech Co., Ltd relating to such subject matter. The Terms are not assignable, transferable or sublicensable by you except with JinLuo Tech Co., Ltds prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. JinLuo Tech Co., Ltd’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of JinLuo Tech Co., Ltd’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by JinLuo Tech Co., Ltd with respect to such use. A printed version of these Terms of Use and of any notices given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The parties agree that all correspondence relating to these Terms of Use must be written in the English language.
Violations
Please report any violations of these Terms of Use to the system administrator at [email protected]
Questions?
If you have questions, comments or complaints about these Terms or the Sites, please contact us at [email protected].