COSPLAYGROUND TERMS OF USE

Effective as of September 1, 2023

PLEASE READ THESE TERMS OF USE ("AGREEMENT") CAREFULLY BEFORE USING THE SERVICES OFFERED BY SK INTERTAINMENT, INC. (“SK"). THE COSPLAYGROUND.COM WEBSITE AND DOMAIN NAME, AND ANY OTHER FEATURES, CONTENT, OR APPLICATIONS OFFERED FROM TIME TO TIME BY SK IN CONNECTION THEREWITH (COLLECTIVELY, "WEBSITE") ARE OWNED AND OPERATED BY SK. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE. BY USING THE WEBSITE IN ANY MANNER, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND SK'S PRIVACY POLICY POSTED ON THE WEBSITE, WHICH IS INCORPORATED HEREIN BY THIS REFERENCE.

THIS AGREEMENT LIMITS SK’S LIABILITY TO YOU, REQUIRES YOU TO ARBITRATE ANY DISPUTES YOU HAVE WITH US AND REQUIRES YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST SK IN A CLASS ACTION FORMAT.

You may at any time request a copy of this Agreement by emailing us at: support@cosplayground.com, Subject: Terms of Use.

1. Modifications of this Agreement

SK RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO MODIFY THIS AGREEMENT AT ANY TIME BY POSTING A NOTICE ON THE WEBSITE, OR BY SENDING YOU A NOTICE VIA EMAIL OR POSTAL MAIL. YOU SHALL BE RESPONSIBLE FOR REVIEWING AND BECOMING FAMILIAR WITH ANY SUCH MODIFICATIONS. SUCH MODIFICATIONS ARE EFFECTIVE UPON FIRST POSTING OR NOTIFICATION, AND USE OF THE WEBSITE OR ANY SERVICES BY YOU FOLLOWING SUCH POSTING OR NOTIFICATION CONSTITUTES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AS MODIFIED. YOU AGREE TO REVIEW THIS AGREEMENT REGULARLY TO ENSURE THAT YOU ARE UPDATED AS TO ANY CHANGES. THIS AGREEMENT, TOGETHER WITH SK’S PRIVACY POLICY, ANY OTHER LEGAL NOTICES PUBLISHED BY SK ON THE WEBSITE, SHALL CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND SK CONCERNING THE WEBSITE.

2. Website Access

2.1 Subject to your compliance on a continuing basis with all of the terms and conditions of this Agreement, SK hereby grants you permission to use the Website only as set forth in this Agreement, and provided that:

2.2 In order to access some features of the Website, you may have to create a membership account. You may never use another's account, username or password without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify SK immediately of any breach of security or unauthorized use of your account. You may be required to expressly accept or reject these Terms of Use when you register; you agree that any requirement that you do so does not in any way vitiate your assent to comply with the Terms of Use. Although SK will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of SK or others due to such unauthorized use.

2.3 You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to SK’s servers in a given period of time than a single human can reasonably produce in the same period by using a conventional web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any unauthorized commercial solicitation purposes. Unless expressly authorized by the applicable user, you agree not to solicit, for commercial purposes, any users of the Website with respect to their "User Submissions," as that term is defined below. You agree that your User Submissions both will not involve the transmission of "junk mail," "chain letters," "spamming," or other unsolicited mass mailings, and will not contain restricted or password only access pages or hidden pages or images. SK reserves the right in its sole discretion to block access or discontinue services to offenders, and to investigate and take appropriate legal action against anyone who, in SK 's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities.

3. Intellectual Property Rights

The content on the Website, including without limitation, the text, software, scripts, graphics, files, images, photos, sounds, music, videos, interactive features and the like (collectively "Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to SK, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. SK reserves all rights not expressly granted in and to the Website and the Content. For clarity, you retain ownership of the User Submissions that you create. You agree to not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any other purposes whatsoever any Content, including, but not limited to, image, audio, and visual content, Marks, third party User Submissions, or other proprietary rights not owned by you, (i) without the express prior written consent of the respective owners, or (ii) in any way that violates any right of any third party. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.

4. Term

This Agreement shall remain in full force and effect while you use the Website. You may terminate your use of the Website or your membership at any time by emailing support@cosplayground.com. SK may terminate your access to the Website or your membership at any time, for any reason, and without warning.

5. Fees; Store

5.1 Certain services and features of the Website are made available in exchange for fees. SK may charge fees for all or some of the Website’s services in its sole discretion. If SK terminates your registration or membership because of your breach of the Agreement, you will not be entitled to a refund of any unused portion of such fees, except to the extent required under applicable law.

5.2 YOU MUST PREPAY FOR THE SERVICE. BY SIGNING UP FOR THE SUBSCRIPTION, YOU AUTHORIZE SK TO CHARGE YOUR CREDIT CARD OR OTHER FORM OF PAYMENT FOR THE PRICE LISTED FOR THE RELEVANT SUBSCRIPTION YOU SIGNED UP FOR, ALONG WITH ANY ADDITIONAL AMOUNTS RELATING TO APPLICABLE TAXES, BANK FEES, AND CURRENCY FLUCTUATIONS. FOR YOUR CONVENIENCE BILLING IS RECURRENT, SO YOU SHOULD STATE YOUR WISH TO CANCEL YOUR MEMBERSHIP AT LEAST 72 HOURS BEFORE THE END OF THE THEN-CURRENT BILLING PERIOD AND THE CANCELLATION WILL TAKE EFFECT ON THE NEXT BILLING PERIOD. YOU ARE FREE TO CANCEL YOUR MEMBERSHIP AT ANY TIME BY CONTACTING US AT SUPPORT@COSPLAYGROUND.COM. SK RESERVES THE RIGHT TO CHANGE ITS FEES AND ACCESS POLICIES FROM TIME TO TIME, IN ITS SOLE DISCRETION, AND WILL NOTIFY YOU OF ANY MATERIAL CHANGES BEFORE SUCH CHANGES BECOME EFFECTIVE. SK DOES NOT PROVIDE PRICE PROTECTION OR REFUNDS IN THE EVENT OF A PRICE REDUCTION OR PROMOTIONAL OFFERING. YOU HEREBY RELEASE SK FROM ANY LIABILITY FOR ANY BILLING ERROR THAT YOU DO NOT REPORT TO SK WITHIN THREE MONTHS AFTER YOU RECEIVE THE BILL IN WHICH THE ERROR FIRST APPEARED.

5.3 YOU HEREBY AUTHORIZE SK OR ITS PAYMENT PROCESSOR TO CHARGE THE PAYMENT METHOD ON FILE ON THE FIRST DAY OF EACH BILLING PERIOD FOR THE RELEVANT SUBSCRIPTION UNTIL YOU CANCEL YOUR SUBSCRIPTION OR SK SUSPENDS OR STOPS PROVIDING YOU ACCESS TO THE SERVICES IN ACCORDANCE WITH THIS AGREEMENT. IF THE PAYMENT METHOD ON FILE BECOMES INVALID DUE TO AN EXPIRED CREDIT CARD OR OTHER SIMILAR REASON AND SK IS UNABLE TO CHARGE YOU ON THE NEXT BILLING PERIOD, SK MAY IMMEDIATELY REVOKE YOUR ACCESS TO THE SERVICE UNTIL YOU UPDATE YOUR PAYMENT METHOD. IF YOU FAIL TO UPDATE YOUR PAYMENT METHOD WITHIN A REASONABLE AMOUNT OF TIME, SK MAY CANCEL YOUR SUBSCRIPTION.

5.4 SK has a no charge-back, no refund policy, to the extent allowed by applicable law. There are no refunds or credits for partially used periods. SK may approve a refund in the form of credit on request if exceptional circumstances exist. The amount and form of a refund, and the decision to provide it, is at SK’s sole discretion.

5.5 You may purchase products and services directly from SK on the Website. Product and service descriptions and specifications are subject to change. Product and service descriptions, prices and other information on the Website may contain typographical errors or may be incorrect, incomplete or not current. SK periodically adds, updates and corrects the information in the Website store without notice.

6. User Submissions

6.1 The Website may also permit users to post their own content on the Website ("User Submissions"). You understand that whether or not such User Submissions are published, SK does not guarantee any confidentiality with respect to any such submissions.

6.2 You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You agree that SK has no liability with respect to any User Submissions, including, without limitation, your own submissions, and you hereby irrevocably release SK and its officers and directors, employees, agents, representatives and affiliates, from any and all liability arising out of or relating to User Submissions or any part thereof. In connection with your User Submissions, you affirm, represent, and warrant that you can and will demonstrate to SK's full satisfaction upon its request that the posting of your User Submission on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity. By submitting your User Submissions to the Website, you give SK all non-exclusive rights and licenses necessary to use and otherwise exploit such User Submissions for any purpose in connection with the Website and SK’s other related services. These rights are irrevocable, but, as between SK and you, you remain the owner of the User Submissions that you create. You also hereby do and shall grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under this Agreement.

6.3 In connection with User Submissions, you further agree that you will not: (i) publish falsehoods or misrepresentations; (ii) submit material that is unlawful, obscene, lewd, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, excessively violent, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable; (iii) post advertisements or solicitations of business; or (iv) impersonate another person. SK does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and SK expressly disclaims any and all responsibility or liability in connection with User Submissions.

6.4 SK reserves the right to decide whether Content or a User Submission is inappropriate, or violates this Agreement, including without limitation, due to violations of intellectual property law, pornography, obscene or defamatory material, or excessive length. SK also reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages and User Submissions) by you, or to restrict, suspend or terminate your access to all or any part of the Website at any time, for any reason, without prior notice. Notwithstanding the foregoing, SK assumes no responsibility for monitoring the Website, Content, or User Submissions for inappropriate conduct, or modifying or removing such conduct, Content or User Submissions from the Website.

6.5 It is SK's policy to (1) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied, displayed or distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue services to repeat offenders.

6.6 SK reserves the right to discontinue any aspect of the Website at any time.

7. Emails

Website members may be able to invite friends to join the service by sending invitation emails via the Website’s automated invitation system. The email addresses that members provide will be stored so that the respondents may be added to the friend's list of the member sending the invitations, and also to send reminders of the invitations. SK does not sell these email addresses or use them to send any other communication besides invitations and invitation reminders (up to two (2) per email address). Recipients of invitations from the Website may contact SK to request the removal of their information from SK’s database.

8. Third-Party Websites

The Website may contain links to third party websites that are not owned or controlled by SK. When you access third-party websites, you do so at your own risk. SK encourages you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each third-party website that you visit. SK has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of, or opinions expressed on any third-party websites. In addition, SK will not and cannot monitor, verify, censor or edit the content of any third-party website. By using the Website, you expressly relieve SK from any and all liability arising from your use of any third party website.

9. WARRANTY DISCLAIMER

TO THE FULLEST EXTENT PERMITTED BY LAW, SK, ITS SUPPLIERS AND LICENSORS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NEITHER SK NOR ITS SUPPLIERS NOR LICENSORS, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, MAKES ANY WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; AND/ OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. SK DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY CONTENT, PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY ADVERTISING, AND SK WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF CONTENT, PRODUCTS OR SERVICES. THE WEBSITE IS CONTROLLED AND OFFERED BY SK FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. SK MAKES NO REPRESENTATIONS THAT THE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE WEBSITE FROM OTHER JURISDICTIONS ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

10. Indemnity

You agree to defend, indemnify and hold harmless SK, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, demands, and expenses (including but not limited to, attorneys' fees) arising from: (i) your use of and access to the Website or any Content that you post thereon; (ii) your violation of any term of this Agreement or of your representations and warranties set forth herein; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party

11. Eligibility

By using the Website, you represent and warrant that (i) all registration information you submit is accurate and truthful; (ii) you will maintain the accuracy of such information; (iii) you are 18 years of age or older; and (iv) your use of the Website does not violate any applicable law or regulation. Your profile may be deleted and your membership may be terminated without warning if SK believes that you are under 18 years of age.

12. LIMITATION OF LIABILITY

IN NO EVENT SHALL SK, ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING LOST PROFITS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SK IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SUBJECT TO THE FOREGOING, SK'S LIABILITY TO YOU FOR ANY REASON WILL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SK FOR SERVICES IN CONNECTION WITH THE WEBSITE.

YOU SPECIFICALLY ACKNOWLEDGE THAT SK SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS SOLELY AND ENTIRELY WITH YOU.

13. Assignment

You may not transfer or assign this Agreement or any rights and licenses granted hereunder without SK's prior written consent. SK may freely transfer, assign, or delegate this Agreement, and any of its rights or obligations hereunder.

14. U.S. Export Controls

Any software available in connection with the Website is further subject to United States export controls. No software may be downloaded from the Website or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the software is at your sole risk.

15. Dispute Resolution; Waiver of Jury Trial and Class Action Suits

15.1 This Agreement shall be governed by Illinois law, without regard to conflict of laws provisions thereof.

15.2 The parties agree that any and all disputes or controversies of any nature between them arising at any time relating to the Service or this Agreement shall be determined by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (excluding any rules or procedures governing or permitting class actions) (“AAA”) before a single neutral arbitrator (“Arbitrator”) in Chicago, Illinois. The Arbitrator shall be mutually agreed upon by the parties; if the parties are unable to agree on an Arbitrator, the Arbitrator shall be appointed by the AAA. The Arbitrator shall determine how all expenses relating to the arbitration shall be paid, including without limitation, the respective expenses of each party, the fees of the arbitrator and AAA’s administrative fee. Any final outcome of such arbitration shall be final and binding as to all matters of substance and procedure and may be enforced by a petition to any court of competent jurisdiction located in the State of Illinois, which may be made ex parte, for confirmation and enforcement of the award. In addition, either party may seek equitable, non-monetary relief at any time in any court of competent jurisdiction located in the State of Illinois without thereby waiving its right to arbitration of any dispute or controversy. All proceedings shall, to the extent permitted by law, be closed to the public and confidential and all records relating thereto shall be permanently sealed, except as necessary to obtain court confirmation of the arbitration award.

YOU AND SK HEREBY KNOWINGLY, IRREVOCABLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHTS TO A TRIAL BY JURY IN RESPECT OF ANY ACTION, PROCEEDING, OR COUNTERCLAIM BASED ON THIS AGREEMENT OR ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS AGREEMENT, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTION OF ANY PARTY HERETO. THIS PROVISION IS A MATERIAL INDUCEMENT FOR YOU AND SK ENTERING INTO THIS AGREEMENT.

TO THE EXTENT ALLOWED UNDER APPLICABLE LAW, YOU AGREE ANY DISPUTE WILL BE RESOLVED WITHOUT INCLUDING ANY OTHER THIRD PARTIES INCLUDED AS PARTIES TO THE ARBITRATION PROCEEDING, BE IT AS INDIVIDUALS, AS PART OF A COLLECTIVE ACTION, OR AS PART OF A REPRESENTATIVE CLASS, UNLESS BOTH YOU AND SK AGREE TO SUCH CONSOLIDATION AFTER A DISPUTE HAS ARISEN. SK’S FAILURE TO ENFORCE ANY PROVISION OF THIS AGREEMENT WILL NOT BE DEEMED A WAIVER OF SUCH PROVISION NOR THE RIGHT TO ENFORCE SUCH PROVISION.

16. Miscellaneous

If any provision of this Agreement is deemed invalid or unenforceable by an arbitrator or court of competent jurisdiction, the invalidity or unenforceability of such provision shall not affect the validity or enforceability of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and SK’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

YOU AND SK AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.