Terms and Conditons

1.General Provisions

1.1 Scope Welcome to fanqink.com. These Terms and Conditions (this "Agreement" or "Terms") constitute a contract between you and RBT Technologies California Co., Ltd ("Company," "we," "us," or "our"), governing your access to and use of our platform fanqink.com (the "Website"), any mobile applications hyperlinked to this Agreement ("Apps"), any other written, electronic, and oral communications with the Company and its affiliates, or any websites, pages, features, or content hyperlinked to this Agreement that are owned, licensed, or operated by us or our affiliates (collectively, including the Platform and Apps, the "Services").
There are other websites operated by Company affiliates that use the FanQink trademark ("Other FanQink Websites"). If you visit other FanQink Websites, additional terms and conditions hyperlinked on those other FanQink Websites may apply to you.
By accessing or using the Services in any manner, including but not limited to visiting or browsing the Platform, downloading a mobile application, registering an account, or providing content or other materials to or on the Platform or via the Apps, you expressly understand, acknowledge, and agree that you have read and understood these Terms and agree to be bound by such Terms available on the Platform. You are only permitted to use the Services if you agree to comply with all applicable laws and these Terms. If you reside in one region but order products for delivery to another region, you may be redirected to the local website for that region, which may be an Other FanQink Website. You will be subject to the terms of that local website.
Additionally, you may read our Privacy and Cookie Policy at any time to learn more about how the Company collects, stores, and protects your information when you use the Services. Our Privacy and Cookie Policy is hereby incorporated into these Terms by reference as if fully set forth herein.
1.2 Updates to Terms
We reserve the right to modify the Terms (including the Privacy and Cookie Policy) at any time at our sole discretion. Your continued use of the Services following any such changes (whether or not the Company sends notification) signifies your agreement to be bound by any changes we make to this Policy and/or accompanying policies/agreements, including but not limited to the Privacy and Cookie Policy. You are responsible for checking this Policy and/or accompanying policies/agreements from time to time to verify such changes.
1.3 Acceptance of Terms
To shop with us, you must be at least 16 years old. Any access, browsing, or other use of the Services indicates your agreement to all the terms and conditions in this Agreement. If you do not agree to any part of these Terms, you must immediately stop accessing or using the Services. Please read this Agreement carefully before proceeding. If you have any questions regarding these Terms and Conditions or our Privacy and Cookie Policy, you may contact us at any time at hello.qink@gmail.com or by using our customer service platform as indicated in the "Contact Us" section.

2.Using Our Services

2.1 Representations
When you use our Services, you agree to the processing of information and details, and you declare that all information and details provided are true and correspond to reality. You represent and warrant that you are at least 16 years of age or are accessing the Services under the supervision of a parent or guardian. Subject to the terms and conditions of this Agreement, the Company hereby grants you a limited, revocable, non-transferable, and non-exclusive license to access and use the Services by displaying it on your internet browser, our Platform, or your mobile device via our Apps, solely for the purpose of purchasing items on the Platform, and not for any commercial use or use on behalf of any third party, unless explicitly permitted by the Company in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice.
2.2 Use Restrictions
Except as permitted in the preceding paragraph, you shall not copy, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, or otherwise exploit the Services or any portion thereof unless expressly permitted by the Company in writing. Unless expressly permitted by the Company in advance, you shall not use any information provided on the Services for commercial purposes or use the Services for the benefit of another business. The Company reserves the right to refuse service, terminate accounts, and/or cancel orders at its sole discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.
You may not upload, distribute, or otherwise publish through the Services any content, information, or other materials that: (a) violate or infringe upon the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) are libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under local or international law; or (c) include any bugs, logic bombs, viruses, worms, trap doors, Trojan horses, or other malicious or technologically harmful code, materials, or properties.
· Use the Services for any illegal purpose or in any manner that could violate any applicable federal, state, local, or international law or regulation.
· Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which we determine may harm us or other users of the Services or expose us or them to liability.
· Use the Services in any manner that could disable, overburden, damage, or impair the Platform or Apps or interfere with any other party's use of the Services.
· Use any robot, spider, or other manual or automatic device, process, software, or means to index or access the Services for any purpose.
· Use the Services to distribute unsolicited promotional or commercial content, or solicit others to use the Services for commercial purposes.
· Otherwise attempt to interfere with the proper working of the Services.
2.3 Account Creation and Termination
To access certain features offered on the Services, you must create an account. You may not use another person's account. Each time you use a password or identification, you will be deemed to be authorized to access and use the Platform or Apps in a manner consistent with the terms and conditions of this Agreement, and the Company has no obligation to investigate the authorization or source of any such access or use of the Services.
You will be solely responsible for all access to and use of the Services by anyone using the password and identification originally assigned to you, whether or not such access to and use of the Platform is actually authorized by you, including, without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. We shall not be liable for any loss, theft, or fraudulent use of your user account under any circumstances. You shall immediately notify us if any unauthorized use of your password or identification, or any other breach or threatened breach of the Platform's or Apps' security. Please do not use the same password on the Platform or Apps that you use on other websites.
We may, from time to time, restrict access to all or parts of the Services, including, but not limited to, the ability to upload files, make payments, or send messages.
We may terminate your access to the Services at any time at our sole discretion without notice, or if we believe you have violated these Terms. You may terminate your account for any reason by following any such instructions within the Platform or Apps, or by contacting us as described in the "Contact Us" section below.
By creating an account with us, you acknowledge that we may send you promotional or marketing emails from time to time. If you do not wish to receive these emails, please use the link provided in those emails to unsubscribe from our email list.
2.4 Wallet
Coupons: Coupons may be purchased from the Company from time to time or issued at the Company's sole discretion. Coupons can be stored under "My Assets." Coupons may expire and be canceled by the Company. Purchased FanQink coupons can only be redeemed on the website where they were purchased. Redemption of FanQink coupons provided free of charge by the Company may be used on Other FanQink Websites, subject to restrictions imposed by the Company at its sole discretion from time to time. Coupons may not be redeemed for cash or refunded via PayPal or the debit/credit card used for the original purchase.
The Wallet is provided as part of your user account and is subject to the same provisions set forth in Section 2.3. If your Wallet holds assets at the time your account is terminated or deactivated, you will lose those assets unless otherwise provided by applicable law.
All your rights to the Wallet and the promotional coupons stored therein are personal to you and terminate upon your death. Your estate, beneficiaries, and/or heirs shall have no claim to the Wallet or the promotional coupons stored in your Wallet.
2.5 Customs
In accordance with customs regulations, you must provide valid and accurate data. All consignee names, addresses, and payer names must be valid. You are responsible for ensuring the data you provide to us is complete and accurate. We will not be liable for any responsibility nor provide any compensation if any information is missing or incorrect, resulting in any impediment to shipment, delivery, or customs clearance. You hereby authorize the Company and its affiliates to make declarations, submissions, amendments, and effect all necessary or useful declarations and documents in your name and on your account to import the goods. This authorization includes the power to provide and receive services and deliveries, to claim refunds of any levies, duties, or taxes related to the importation of the goods, to conduct administrative appeals and court proceedings and enforcement procedures, and any appeals and remedies in any instance, to make applications, complaints, etc., to public authorities, courts, and other bodies, to institute, withdraw, and/or waive legal remedies and appeals against judgments, orders, arbitration awards, payment orders, or any other orders and decisions of any kind, to collect moneys, valuables, and documents and/or deeds. It also includes the right to instruct customs agents in your name and on your behalf, and to grant re-authorization to customs agents and/or other representatives involved in handling matters related to the import of the goods and compliance with import regulations for the goods. As the importer, you are responsible for complying with all laws and regulations in your region.

3.Privacy and Cookie Policy

When you use our Services and place an order through them, you agree to provide us truthfully and accurately with your email address, postal address, and/or other contact details. You also agree that we may use this information to contact you regarding your order if necessary.
We respect your privacy rights. By using our Services or otherwise, you agree and, where required, consent to the processing of your personal information as described in the Privacy and Cookie Policy. To understand how we collect and use your personal information, including how to unsubscribe from our non-transactional communications, please see our Privacy and Cookie Policy.

4.Errors

If you discover an error in the input of your personal data when registering as a user of our Services, you can correct these errors in the "My Account" section of our Platform. In any case, you can correct errors related to the personal data provided during the purchase process by contacting us and exercising your right of rectification as set out in our Privacy and Cookie Policy through our Platform and Apps. The Services display confirmation boxes at various sections of the purchase process, and if information in these sections is not provided correctly, the order will not be allowed to proceed. Furthermore, the Services provide you with detailed information on all items you have added to your shopping cart during the purchase process, so that before payment, you can modify the details of your order.
If you discover an error in your order after the payment process is complete, you should contact our customer service platform immediately to correct the error.
While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. We cannot confirm the price of an item until after you place an order. In the event that an item is listed at an incorrect price or with incorrect information due to a pricing or product information error, we reserve the right, at our sole discretion, to refuse or cancel any orders placed for that item. If an item is priced incorrectly, we may, at our sole discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

5.Transaction Rules

5.1 Price and Payment
Unless otherwise expressly stated on our Platform, all prices exclude shipping or delivery costs. If we are unable to ship the product you have ordered for any reason, the value of the non-shipped product will be refunded to your user account wallet or via your original payment method at your choice. Prices are subject to change at any time, but (subject to the foregoing) changes will not affect orders for which we have sent an Order Confirmation. Once you have selected all the items you wish to purchase, they will be added to your bag. The next step will be to process the order and make payment. To do this, you must follow the steps of the purchase process, indicating or verifying the information requested at each step. Furthermore, throughout the purchase process, before payment, you can modify the details of your order. Detailed instructions on the purchase process are provided for you in How to Order. Additionally, if you are a registered user, a record of all orders placed by you is available in "My Account." If your order triggers a fraud alert in our secure system, we may send a verification email to your email address. You can use the payment methods specified on the local platform, including but not limited to Visa, Mastercard, American Express, PayPal, and online banking. To reduce the risk of unauthorized access, your credit card details will be encrypted. Once we receive your order, we will request a pre-authorization on your card to ensure there are sufficient funds to complete the transaction. The charge on your card will be made at the time you place your order. Please note the single-day purchase limit: For customers in certain countries/regions, customs duties may be levied if purchases exceed a certain amount specified by applicable laws on a single day.
5.2 Color
We have made every effort to display the colors of our products that appear in the Services as accurately as possible. However, as the actual colors you see depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
5.3 Packaging
Unless otherwise specified, we will only comply with the minimum packaging standards of the selected shipping method. All costs for any special packaging, loading, or bracing requested by you will be at your expense.
5.4 Shipping and Delivery
The Company ships from warehouses within your country/region. For orders containing multiple items, we may, at our discretion, split your order into multiple packages based on inventory levels. Our aim is to deliver orders as quickly as possible. However, during busy promotional periods, delivery may take longer. If you have any questions regarding shipping and delivery, please contact our customer service platform.
5.5 Title and Risk of Loss
Once the goods have been shipped outside the country or region between the place of export and the point of import, ownership of the purchased goods shall transfer from the relevant selling company to you (the customer). Our obligation to deliver the goods to you is considered fulfilled when we hand over your purchased items to the international carrier. Thereafter, the risk of loss or damage to the goods transfers to you, and any related claims must be filed directly by you with the carrier.
If any shortage or damage occurs before the goods are delivered to the carrier, you must contact the company to file a claim within five (5) working days of receiving the goods. The claim must be accompanied by the original shipping document signed by the carrier, which must indicate that the goods received by the carrier from us are consistent with the claim.
5.6 Product Returns
Goods may be returned within the designated period. The exact return period and return policy vary by region. Please contact our customer service for details. Unless otherwise agreed by the Company, customers returning goods are responsible for the shipping costs. Items of the wrong size and items with quality issues can be exchanged. For defective products, if the returned product is confirmed to be defective or damaged, we will provide a full refund, including the shipping and return costs you incurred. The refund will be credited to the wallet in your user account or your original payment method of choice.
5.7 Reviews, Comments, and Submissions
Unless otherwise specified in this Agreement or in the Services, any content you submit or post to the Services and/or provide to our Platform or Apps, including but not limited to images, videos, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") shall be considered non-confidential and non-proprietary now and in the future, and by submitting or posting, you grant the Company an irrevocable, royalty-free, worldwide, perpetual, irrevocable, and transferable right and license to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions in any manner and in any form. All Submissions shall automatically become our sole and exclusive property and will not be returned to you, and you agree not to raise any dispute in the future regarding our use of the Submissions. You are responsible for all Submissions you share and must ensure that these Submissions conform to public morals and religious beliefs, do not violate any applicable laws, and do not cause us to violate any applicable laws or regulatory guidelines by displaying such Submissions on the internet. You warrant that your Submissions are entirely and partially clear of any intellectual property infringement, dispute, or third-party claims. We assume no liability for your misuse of third-party copyrights or any other rights. You undertake to defend and indemnify the Company for any losses incurred due to the use of the Submissions for any purpose. In addition to the rights applicable to any Submission, when you post reviews or comments to the Platform or Apps, you also grant us the right to use the name you submit in connection with such review, comment, or other content, if any. You represent and warrant that you own or otherwise control all of the rights to the reviews and other content that you post on this Platform and that our use of your reviews or other content does not infringe upon or violate any third party's rights. You may not use a false email address, impersonate any person or entity, or otherwise mislead us or third parties as to the origin of any Submissions or content. We reserve the right, but not the obligation, to remove or edit any Submissions (including reviews or comments) for any reason.

6.Intellectual Property and Ownership

6.1 Content
The Services, including all information and content such as texts, software, scripts, graphics, photos, sounds, music, videos, and interactive features provided as part of the services (collectively referred to as “Content”), shall always remain the property of the Company, its affiliates, or individuals who have granted us usage licenses, and are protected by intellectual property laws in your region and relevant intellectual property regulations. You may only use the Content within the scope expressly authorized by us or the relevant licensors.
6.2 FanQink Marks
Additionally, the "FanQink" trademarks, service marks, icons, graphics, word marks, designs, and logos (collectively referred to as "Marks") contained herein are owned by or licensed to the Company or its affiliated entities. "FanQink" and the FanQink Marks are trademarks in the United States, with applications pending or registered. You do not and will not acquire any rights, ownership, or interests in any of these trademarks. The FanQink Marks may not be used in connection with any products or services not belonging to the Company, in any manner likely to cause customer confusion, or in any way that disparages or discredits the Company. These Marks, whether appearing on any products sold on the platform or application or as identifiers or text in any area of the platform, do not indicate that the Company or its affiliated entities are the owners of any copyright or other intellectual property rights in the products sold on this platform or application. You acknowledge that the Company sources some products from third-party manufacturers and wholesalers.
6.3 Reservation of Rights
The Content on the Services is for your reference only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose without the prior written consent of the Company or the respective owners or licensors. We reserve all rights not expressly granted in the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Services you provide to us are non-confidential and shall become the sole property of the Company. You agree not to engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Platform or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Platform or the Content therein.

7.Third-Party Links and Resources

Our Platform and Apps may contain links to third-party websites that are not owned or controlled by us. Any mention of third parties on our Platform and Apps by name, trademark, product, or service, or links to third-party websites or information, does not constitute or imply an endorsement, sponsorship, or recommendation of the third party, its information, products, or services. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services, nor do we endorse or verify the content, privacy policies, or practices of any third-party websites or services, including, without limitation, any third-party social media or mobile application platforms that interact with the operation of the Services or otherwise. The Company shall not be responsible for any acts or omissions by the operators of any such websites or platforms. Your use of any such third-party website or platform is at your own risk and will be governed by such third party's terms and policies (including its privacy policy). We make no warranties or representations regarding the accuracy, completeness, or timeliness of any content posted on the Platform or our Apps by anyone other than us. We strongly advise you to read all third-party terms and conditions and privacy policies.

8.SMS Program

8.1 Registration
You may choose to register for our SMS program, through which you will receive our marketing communications. By opting in, you agree to receive regular automated marketing messages at the mobile number you registered. This SMS marketing program is governed by all the terms of this agreement, which include the rules for resolving various disputes between you and us (including, but not limited to, disputes related to this SMS program). Please refer to the Legal Disputes section below for more details.
8.2 Opt-Out
You can opt out of receiving SMS/MMS messages by replying STOP or any other instructions we indicate to any message you receive from our SMS program, or simply by sending a text message with the word STOP or any other instructions we indicate to the number from which you are currently receiving our texts. In either case, you will receive one additional message confirming your request has been processed.
8.3 Your Own Wireless Plan
As always, message and data rates may apply to messages sent to and from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
8.4 Your Responsibility for Your Own Number
You represent that you are the account holder or customary user of the mobile number you provide when registering for our SMS program. If you change or deactivate that number, you agree to notify us immediately via the customer service platform or Privacy Center. We, our vendors, and/or any mobile carriers shall not be liable for delayed or undelivered messages. If you change your number, you agree to indemnify us fully for all claims, costs, and damages associated with or caused in whole or in part by your failure to notify us, including but not limited to all claims, costs, and damages related to or arising under any and all applicable laws.
8.5 Participation May Be Terminated or Changed
We may suspend or terminate your receipt of automated marketing messages from us if we believe you have violated these Terms. Your receipt of these messages may also be terminated if your mobile telephone service is terminated or lapses. We reserve the right to modify or terminate all or any portion of these messages, temporarily or permanently, with or without notice to you.

9.Force Majeure

We shall not be held responsible for any non-compliance or delay in compliance with any obligation assumed by us under the Terms or other contracts when caused by events beyond our reasonable control ("Force Majeure"). Force Majeure shall include any act, event, failure to exercise, omission, or accident beyond our reasonable control, including but not limited to the following:
· Strikes, lock-outs, or other forms of protest.
· Civil commotion, revolt, invasion, terrorist attack or threat of terrorism, war (declared or not) or threat or preparation for war.
· Fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or any other natural disaster.
· Inability to use trains, ships, aircraft, motor transport, or other means of public or private transport.
· Inability to use public or private telecommunications systems.
· Acts, decrees, legislation, regulations, or restrictions of any government or public authority.
· Strikes, failures, or accidents in maritime or river transport, postal transport, or any other type of transport.
· Border closures, government shutdowns, trade blockades, embargoes, global trade disruptions, and port congestion.
It is understood that our obligations under the Terms or other contracts shall be suspended for the duration of the Force Majeure event, and we shall have an extension of time to perform these obligations for a period equal to the time that the Force Majeure event lasted. We will use all reasonable endeavors to bring the Force Majeure event to a close or to find a solution by which we may perform our obligations under the Terms despite the Force Majeure event.

10.Limitation of Liability

Please read this section carefully as it limits the liability of the Company to you.
(1) By using the Services, you hereby acknowledge and agree that we provide the Services, including the Platform and Apps, on an "as is," "as available," and "with all faults" basis, without any express or implied warranties. Without limiting the foregoing, and to the extent permitted by law, the Company expressly disclaims any and all warranties and conditions of any kind, including warranties of merchantability, ownership, accuracy, completeness, uninterrupted or error-free service, fitness for a particular purpose, quiet enjoyment, non-infringement, and any warranties or conditions arising from course of dealing or usage of trade.
(2) We make no promises and expressly disclaim any liability regarding (1) the products, services, information, programming, and/or any other content provided by third parties that you may access through the Services; or (2) the quality or conduct of any third party you encounter in connection with your use of the Services.
(3) You agree that, to the fullest extent permitted by law, we shall not be liable to you for any losses under any legal theory. Without limiting the foregoing, you agree that, to the fullest extent permitted by law, the Company and its affiliated entities (including operators of other FanQink websites) shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising directly or indirectly from your use of or inability to use the Service, nor for any loss of profits, business interruption, damage to reputation, or loss of data (even if such losses are foreseeable).
(4) Your sole remedy for dissatisfaction with the Services is to stop using the Services.
Some jurisdictions do not allow the limitation of implied warranties or the exclusion of certain types of damages. Therefore, the above limitations and exclusions may not apply to you in their entirety or in part.

11.Legal Disputes and Arbitration

  1. Scope of Application
Please read this section carefully, as it affects your legal rights. To the fullest extent permitted by applicable law, this arbitration agreement applies to all users of the Service worldwide, regardless of their place of residence. By accepting these terms, you and FanQink (including its parent companies, subsidiaries, and affiliated entities, collectively "FanQink") agree that, except as explicitly provided below or where prohibited by local mandatory law, any dispute, claim, or controversy arising out of or relating to these terms, your use of the Service, or any products purchased through the Service (collectively "Disputes") shall be resolved exclusively through final and binding individual arbitration, not by litigation.
  1. Governing Law and the Federal Arbitration Act
This arbitration agreement is governed by the Federal Arbitration Act ("FAA") of the United States and, to the extent not inconsistent with the FAA, by the laws of the State of California, USA (excluding its conflict-of-laws principles). The FAA shall govern the interpretation and enforcement of this arbitration agreement. If the laws of your country of residence grant you mandatory rights that cannot be restricted by contract (e.g., specific consumer protection rights in the EU, UK, or other jurisdictions), such mandatory rights shall remain unaffected by this agreement.
  1. Waiver of Jury Trial and Class Actions
To the fullest extent permitted by law, you and FanQink waive the right to a trial by jury and agree that all Disputes shall be resolved solely through individual arbitration. Neither you nor FanQink may participate as a plaintiff or class member in any purported class action, class arbitration, consolidated arbitration, representative action, or similar proceeding. Unless you and FanQink agree in writing, the arbitrator may not consolidate more than one person's claims and may not preside over any form of class, collective, consolidated, or representative proceeding. If a court in your jurisdiction determines that the waiver of class, collective, consolidated, or representative proceedings for a specific Dispute is invalid or unenforceable, that Dispute (and only that Dispute) shall be resolved by a court of competent jurisdiction and not through arbitration.
  1. Arbitration Rules, Institution, and Language
(a) Rules: Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules ("AAA Consumer Rules") in effect at the time, except as modified by this arbitration agreement. The AAA Consumer Rules are available at www.adr.org or by contacting the AAA. If, due to the nature of the Dispute or your country of residence, the AAA determines that other rules (including the International Dispute Resolution Procedures) are more appropriate, the parties agree to abide by such determination.
(b) Arbitrator: The arbitration shall be conducted by a single neutral arbitrator selected in accordance with the applicable AAA rules.
(c) Language: Arbitration proceedings shall be conducted in English, unless you and FanQink agree otherwise in writing or as required by applicable law.
(d) Hearing Location: Unless you and FanQink agree otherwise:
 (i) If your claim does not exceed USD 25,000, the arbitration may proceed via telephone, video conference, or based solely on written submissions, as provided by the AAA Consumer Rules.
 (ii) If an in-person hearing is held, it shall take place in a location of your choice: either in the county of your residence or in the City of Industry, California, USA.
  1. Opt-Out Option for Small Claims Court
Notwithstanding the foregoing, either you or FanQink may elect to bring an individual claim (rather than arbitrate) in a small claims court (or similar local court) of competent jurisdiction, provided that: (a) the claim falls within the court’s jurisdictional limits; (b) the claim is brought and maintained on an individual (non-class, non-representative) basis; and (c) the claim is not transferred to another court.
  1. Fees and Costs
For all users (whether residing within or outside the United States): All fees and expenses related to the arbitration (including but not limited to AAA filing fees, administration fees, arbitrator fees, and expenses) shall be borne in full by the losing party as determined by the arbitral award. However, if applicable law or the AAA Consumer Rules impose mandatory provisions regarding fee allocation (e.g., certain jurisdictions may require consumers not to bear specific arbitration costs), such provisions shall prevail. Each party shall bear its own attorney’s fees and related costs unless the arbitrator awards otherwise under applicable law. The arbitrator may, to the extent permitted by AAA rules and applicable law, award compensation for fees and costs to the prevailing party.
  1. Court Relief and Public Injunctive Relief
Prior to the arbitrator’s final award, either party may seek temporary, interim, preliminary injunctive relief, other equitable relief, or preservative measures from a court of competent jurisdiction, as necessary to protect its rights or property pending the completion of the arbitration. Nothing in this arbitration agreement shall be construed to prevent you from seeking public injunctive relief (i.e., injunctive relief whose primary purpose and effect is to prohibit unlawful acts that threaten future harm to the public) in a court of competent jurisdiction, provided that such waiver is unenforceable under applicable law (e.g., under certain U.S. or California laws).
  1. Local Mandatory Law and Severability
If any provision of this arbitration agreement is found by a court or arbitrator to be inconsistent with mandatory laws of your country of residence that cannot be waived by contract (including mandatory consumer protection laws), such provision shall be deemed modified or, if necessary, severed (to the minimum extent required) to ensure that the remaining provisions of this arbitration agreement remain fully effective. If a court or arbitrator determines that the waiver of class, collective, consolidated, or representative proceedings in Section 3 is unenforceable for a specific claim or requested remedy, that claim or remedy (and only that claim or remedy) shall be resolved by a court of competent jurisdiction and not through arbitration. This arbitration agreement shall remain in effect after the termination of your account or cessation of your use of the Service.

12.Legal Terms

12.1 Assignment
You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without prior written consent. Any attempted assignment or transfer in violation of the foregoing will be null and void. We may freely assign or transfer this Agreement. This Agreement shall be binding upon and inure to the benefit of the parties and their respective legal representatives, successors, and permitted assigns.
12.2 Entire Agreement; No Waiver
These Terms, together with our Privacy and Cookie Policy and any other legal notices published by us on the Platform or Apps, shall constitute the entire agreement between you and us concerning the Services and supersede all prior terms, agreements, discussions, and writings regarding the Services. If any provision of these Terms is found to be unenforceable, that provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect. A waiver of any term or condition of these Terms shall not be deemed a further or continuing waiver of such term or condition or any other term or condition. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
12.3 Indemnification
You agree to release, indemnify, and hold harmless the Company and any subsidiaries, affiliates, related companies, suppliers, licensors, and partners, and the respective officers, directors, employees, agents, and representatives of each from and against all third-party claims and expenses (including reasonable attorneys' fees) arising out of or related to: (1) your use of the Services; (2) your conduct or interactions with other users of the Services; (3) your breach of these Terms. We will notify you promptly of any such claim and will provide you with reasonable assistance (at your expense) in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, at our own expense. In such event, you shall have no further obligation to defend us in that matter.
12.4 Interpretation
In interpreting or construing these Terms, the headings are for convenience only and shall not be considered.
12.5 Applicable Law
The use of this platform and the product purchase agreements entered into through this platform are governed by the laws of the State of California.

13.Copyright Infringement

Just as we require users to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that materials on the Company or linked via the Company infringe your copyright, we encourage you to submit a notice of copyright takedown request to us. To do so, please email servicefanqink@gmail.com.
Your notice of infringement must include the following:
· Identification of the copyrighted work you claim has been infringed and any copyright registration.
· Identification of the material on our Services or links that you claim infringes your copyrighted work.
· Providing your legal full name, company affiliation, mailing address, telephone number, and email address.
· Include the following statement in the body of your notice, followed by your electronic or physical signature: "I hereby declare that the information in this notification is accurate and that I am the owner of the copyright or of an exclusive right under the copyright that is allegedly infringed, or am authorized to act on behalf of the owner, and I understand I may be subject to liability for perjury."
We will respond to all such notices, including by removing the infringing material or disabling all links to the infringing material as required or appropriate. In accordance with our own policy, we may, in appropriate circumstances and at our discretion, disable and/or terminate the access to and use of the Services of users who may be repeat infringers of copyrights or other intellectual property rights of the Company or others. In the event of such termination, we will have no obligation to provide a refund of any amounts previously paid to us.
Business Transfers
If the Company, or substantially all of its assets, were acquired, or in the unlikely event that the Company or its affiliates go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur and that any acquirer of the Company may continue to use your personal information as set forth in the purposes for which you previously provided consent. For more information, see our Privacy and Cookie Policy.
Contact Us
We welcome your questions and comments about our privacy practices or these Terms. You may contact us at any time via email at servicefanqink@gmail.com or through our customer service platform.