Terms of Use

GenshinStuff (“Genshin Stuff”, “we”, “us” or “our”) provides our website accessible at genshinstuff.com (the “Site”). The Websites, and any applications, products or services provided by us, are collectively, the “Services”.

These Terms of Use and all policies referenced in this document or elsewhere on the Site that are incorporated herein by reference govern your access to and use of the Site and Services. These Terms of Use are a legal agreement between you and GenshinStuff and apply to you whether you are a GenshinStuff Member or a visitor just browsing the Site (collectively, “GenshinStuff Users”). These Terms of Use limit GenshinStuff’s liability and obligations to you, grant us certain rights and allow us to change, suspend or terminate your access to and use of the Site and Services.

Please read the following terms and conditions (“Terms of Use”) before accessing or using our website. You understand that by accessing or using any part of the Site, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

Registration

As part of the registration process, you may be asked to select or submit a user name and password. You may also be required to provide us with certain information about yourself including some types of personally identifiable information, including your legal name, phone number, address, email address, gender, and age. It is important that you provide us with accurate, complete and up-to-date information for your account and you agree to update such information to keep it accurate, complete and up-to-date. If you do not, we might have to suspend or terminate your account. You are responsible for ensuring that your password and account login are kept secret, safe, and secure at all times. GenshinStuff will not be held responsible or liable for any misuse of your account in the event that a third party has access to and uses your password and account login in any way. You are responsible for all activities that occur under your account, whether or not you know about them.

By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

When placing an order through the Platform, you will be required to provide other personal information, such as shipping address, billing address, and payment details. Additional information may be collected by GenshinStuff or its third party providers at this time for security and anti-fraud purposes. You represent that the personal information you provide to us via the Platform is true, valid, complete and up-to-date in all respects, and you confirm that you are the person referred to in the shipping (unless the item is a gift) and billing information provided. Should any of the information you provide on the Platform change, please login to your account and update such information directly on the Platform.

You agree that we may store, use, disclose and otherwise handle any personal information that you provide to us via the Platform in accordance with our Privacy Policy.

Purchases

We do not authorize the purchase of our merchandise for resale purposes. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. We also reserve the right to limit or cancel orders which we deem, at our sole discretion, to be placed by dealers, resellers or distributors. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We also reserve the right to cease doing business with those customers violating this policy. We may modify this policy at any time without prior notice. This policy applies to all purchases made at our online store. We reserve the right to correct, update or change information regarding this policy at any time without notification.

We may, in our sole discretion, offer promotional codes at certain points in time, or for certain audiences. In the event such promo codes are enabled, promo codes should be entered during the checkout process to be valid. Discounts cannot be used in conjunction with any other offers.

Ordering Products and Services

(a) Products and Services Offered on the Site

You need a valid credit or payment card (except to the extent we permit purchases with PayPal, gift cards, gift certificates, promotional or discount codes, or similar forms of payment), with full authority to use it, to submit an order for merchandise and media or other products or services through our Site. You hereby represent and warrant that you will not use any credit card or other form of payment unless you have all necessary legal authorization to do so. You may be asked to supply certain information relevant to your transaction including, without limitation, your credit or payment card number, the expiration date of your credit or payment card, your billing address, and your shipping information. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf to purchase products or services from the Site. You understand that we will not be liable in the event that others acting with or without your permission use your credit or payment card to make purchases on the Site. Certain products that you purchase and/or download on or through the Site may be subject to additional terms and conditions presented to you at the time of such purchase or download.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

(b) Prices; Colors; Availability

All prices listed on the Site are subject to change. In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right, prior to the acceptance of your order pursuant to our Order Acceptance Policy described below, to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit or payment card has already been charged for the purchase and we cancel your order, we shall issue a credit to your credit or payment card account in the amount of the charge. Please note that the colors of items and products may depend on your monitor and may not be correctly displayed.

Please keep in mind that while we might offer a variety of merchandise, media and other products and services for sale on the Site, we cannot guarantee availability at a particular time; and certain products or services available in our stores might not be available on the Site, and vice versa. We reserve the right to change our merchandise, media content and other products and services offerings, both in-store and online, at any time. We also reserve the right to change contents, features and offerings, and adjust accessibility of the Site from time to time in our discretion.

We reserve the right at any time to modify or discontinue the Service without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

We reserve the right to refuse any order you place with us. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order. Your order is not accepted until we send you shipping information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your order or if we provide you less than the quantity you ordered, your sole and exclusive remedy is either that (a) we will issue a credit to your credit or payment card account in the amount charged for the cancelled portion or the quantity not provided (if your credit or payment card has already been charged for the order) or (b) we will not charge your credit or payment card for the cancelled portion of the order or the quantity not provided.

(d) Payment Terms

For each product or service that you order on the Site, you agree to pay the price applicable for the product or service (including any sales taxes, surcharges and any delivery fees for the delivery service you select) as of the time you submitted the order. GenshinStuff will automatically bill your credit card or other form of payment submitted as part of the order process for such price. If payment is not received by your credit or payment card issuer or its agents, you agree to pay all amounts due upon demand by us.

Custom Design Services

One or more of our brands may offer you the opportunity to engage with our designers (“Custom Design Services”) to create a Custom Design for a specific product (“Custom Designed Product”). By using the Custom Design Services, you agree you are solely responsible for the materials you submit to us for the Custom Designed Product.

You grant us a fully paid, worldwide, non-exclusive right and license to use your owned or licensed copyrights, logos, insignia, trademarks, and other artistic designs contained in the specific materials submitted to us for the purpose of providing the Custom Design Services and the Custom Designed Product. You continue to own and retain all rights, title and interest in and to your trademarks, copyrights and other intellectual property contained in the Custom Designed Product. We will own and retain all rights, title and interest in and to the final Custom Design and the Custom Designed Product.

We will grant you a fully-paid, worldwide, non-exclusive right and license to use the Custom Designed Product, provided you have paid for the Custom Design Services in full. You are not obtaining any intellectual property rights from us in the final Custom Design or the Custom Designed Product. If you would like to make changes to your Custom Design or Custom Designed Product, our customer service representatives are available to assist you.

Contents Submitted by Users

You will retain ownership of such User Submitted Contents, and you grant us and our designees a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, with right of sublicense (through multiple tiers), to use, reproduce, distribute (through multiple tiers), create derivative works of and publicly display such User Submitted Contents solely in connection with the production or provision of any product or service you request or to show you how your User Submitted Contents would appear in our products or services. For example, when you place an order for a product, we will prepare, manipulate (if necessary), and transmit the User Submitted Contents for production, packaging and shipment. Similarly, if you want to share a photo book with your friends and family, we will accommodate your request by making your photographs available to your friends and family to download and/or to use and create projects of their own, and to purchase products with those photographs.

You represent and warrant that you own or otherwise possess all necessary rights with respect to the User Submitted Contents, and that the User Submitted Contents do not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any copyright, trademark, trade secret right or other intellectual property or other property right of any third party, and that the User Submitted Contents are not unlawful, fraudulent, threatening, abusive, hateful, libelous, defamatory, obscene, confusingly similar to brands or branded products sold by others or otherwise objectionable.

You agree that we may (but are not obligated to) filter any User Submitted Contents (including, without limitation, deleting or replacing expletives or other harmful or offensive language), refuse to use any User Submitted Contents (including, without limitation, suspending processing and shipping of any order relating to any User Submitted Contents) and/or disclose any User Submitted Contents and the circumstances surrounding the use thereof, to any third party in order to provide the applicable products or services, to enforce these Terms or to comply with legal obligations or governmental requests.

User Submitted Contents that violate these Terms may be removed from our Site and Apps; provided, however, that we have no obligation to remove User Submitted Contents in response to user reports or requests. We are not responsible for, and will have no liability for, the removal, non-removal or loss of any User Submitted Contents from our Site and Apps. We recommend you keep back-up copies of your User Submitted Contents on your hard drive or other personal system.

User Submissions

All comments, suggestions, feedback, ideas, and other submissions disclosed, submitted or offered to GenshinStuff on or by this site or otherwise disclosed, submitted or offered in connection to the Service (collectively, “Comments”) shall be and remain the sole property of GenshinStuff.

Such disclosure, submission, or offer of any Comments shall constitute an assignment to GenshinStuff of any and all worldwide rights in all copyrights and other intellectual properties in the Comments.

GenshinStuff shall own all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise. GenshinStuff is and shall be under no obligation to maintain any Comments in confidence; to pay any other person or entity any compensation for any Comments; or to respond to any Comments. You agree that GenshinStuff may use the Comments for marketing and promotional purposes.

You agree, represent, and warrant that no Comments submitted by you to the Site or Service will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site or Service will contain unlawful, abusive or obscene material. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

General Restrictions on Use

You agree to use the Platform and the Services only for purposes that are permitted by these Terms and in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions. You may only use the Platform, products, and Services for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use, and for no other purposes.

You will not (and will not attempt to):

Access any of the Services by any means other than through the interface that is provided by GenshinStuff, including: (i) access, tamper with, or use non-public areas of the Services, GenshinStuff’s computer systems, or the technical delivery systems of GenshinStuff’s providers; (ii) attempt to probe, scan or test the vulnerability of any GenshinStuff system or network or breach any security or authentication measures; or (iii) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by GenshinStuff’s or any of GenshinStuff’s providers or any other third party (including another user) to protect the Services or Platforms;

Gain unauthorized access to GenshinStuff’s computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Platform, the Services, GenshinStuff’s networks and computer systems;

Access any of the Platform or the Services through any automated means or with any automated features or devices (including use of scripts or web crawlers);

Access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes;

Reproduce, mirror, duplicate, copy, sell, trade, or resell any aspect of the Platform, Services, or products for any purpose; and reproduce, duplicate, copy, sell, trade or resell any products or services bearing any service mark, trade name, logo or service mark owned by GenshinStuff in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

Content

As between you and GenshinStuff, all names, text, graphics, trademarks, symbols, slogans, or logos appearing on the Platform, products, or Site are proprietary to its affiliates, licensors, suppliers or GenshinStuff. Misuse of these trademarks is expressly prohibited. Copy and print of pages of this website may be for personal, non-commercial use only.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction, including but not limited to copyright laws.

Errors, Inaccuracies, and Omissions

We strive to provide accurate and up-to-date information on this website, but we cannot guarantee that everything will always be completely error-free, accurate, or current. We reserve the right to correct any errors, inaccuracies, or omissions on the website and to change or update information at any time without prior notice. We are not responsible if information made available on this site is not accurate, complete or current.

In no event shall we be liable for any damages arising out of or in connection with the use of this website or any of the information provided on it, including but not limited to damages for lost profits, business interruption, or any other pecuniary loss, even if we have been advised of the possibility of such damages.

The Digital Millennium Copyright Act (DMCA) is a U.S. law safeguarding websites from copyright infringement claims due to user-submitted content, provided the website adheres to DMCA’s notice and takedown procedures.

To report content violating your copyright on this site, send a valid DMCA notice to shelley@genshinstuff.com.

A proper DMCA notice should contain:
(a) Your contact details: name, address, phone, and email; (b) Identification of infringing material with enough information to locate it (e.g., links to media files); (c) Identification of the copyrighted work, with original links or descriptions; (d) A statement that you genuinely believe the use of the content is unauthorized; (e) An assertion that the information is accurate, and you’re authorized by the copyright owner; (f) Your physical or electronic signature, using your legal name.

Certain uses of copyrighted material might fall under fair use, not requiring permission. Misrepresenting activities as infringing could lead to liability.

Note that factual information usually isn’t copyright-protected and should remain on the website. This includes tags, artist profiles, wiki pages, artist social media links, external work links, and non-copyright-protected facts.

Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall GenshinStuff, our officers, directors, members, employees, agents, affiliates, licensors and suppliers be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.

Indemnity

You agree to indemnify, defend and hold GenshinStuff, its officers, directors, members, employees, agents, affiliates, licensors and suppliers harmless from and against any loss, cost, damages, liability and expense arising out of or relating to your use of the GenshinStuff Site and/or any action by you which violates any law, regulation or rights of a third party.

Links to Other Sites

GenshinStuff may contain links to third-party websites. You acknowledge and agree that GenshinStuff does not control such websites and is not responsible for their contents or policies, and that the links are provided for convenience and do not represent an endorsement by GenshinStuff of the third-party websites. If you access such websites via the links, you do so at your own risk.

Termination

We reserve the right to refuse service to anyone for any reason at any time. Without prior notice, we may terminate your license to access the our Site and/or your user account if you violate or breach the Terms or for any other reason, including our discontinuance of the Site. In the event of termination, provisions on prohibited conduct, electronic communications, user accounts, downloads, user feedback and unsolicited ideas, disclaimer of warranty, limitation of liability, and miscellaneous provisions shall survive.

Miscellaneous

These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of China without regard to conflict of law provisions.

In the event that any provision in these Terms of Use is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent permitted by law and the remaining provisions will remain in full force and effect to the maximum extent permitted by law. The failure of a party to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision. You may not assign or transfer these Terms of Use (by operation of law or otherwise) without the prior written consent of GenshinStuff and any prohibited assignment will be null and void. GenshinStuff may assign these Terms of Use or any rights hereunder without your consent. You agree that these Terms of Use and the rules, restrictions and policies contained herein, and GenshinStuff’s enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and GenshinStuff. These Terms of Use together with the rules and policies of GenshinStuff incorporated herein by reference constitute the entire agreement between GenshinStuff and you with respect to the subject matter of these Terms of Use.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services.

The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

These Terms of Use and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).

Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.