Funko General Terms and Conditions (English)

FUNKO TERMS & CONDITIONS

Last updated on September 17, 2025

Previous versions of these Terms are available Here

1. WHO WE ARE
   1. The Funko website located at www.funko.com (“Website”) and the Funko mobile application that may be downloaded to your smartphone or tablet (“App”) are owned and operated by Funko, LLC which is a company registered in the State of Washington, United States under company number 602 469 782 and with its registered office at 2802 Wetmore Avenue, Everett, WA 98201, USA (“Funko US”). Funko US is responsible for the operation and maintenance of the Website and App.
   2. When you purchase any products from either the Funko Website or App, you will enter into a legally binding contract as follows:
      1. IF YOU ARE A CONSUMER RESIDENT / DOMICILED IN THE USA, CANADA OR MEXICO – you will enter into a legally binding contract with Funko US. This means that Funko US is responsible for all aspects of your sale and purchase (including taking payment, delivery, issuing refunds where applicable, etc.).
      2. IF YOU ARE A CONSUMER RESIDENT / DOMICILED IN THE UNITED KINGDOM (“UK”) OR EUROPEAN UNION (“EU”) - you will enter into a legally binding contract with a different entity - being Funko UK Limited which is a company registered in England and Wales under company number 10506769, with VAT number 260 5148 24, and with its registered office at 21 Holborn Viaduct, London, United Kingdom, EC1A 2DY. Funko UK (and not Funko US) is responsible for all aspects of your sale and purchase (including taking payment, delivery, issuing refunds where applicable, etc.).
   3. In line with the foregoing, where we use the terms “Funko”, “we”, “our” or “us” in these Terms, we mean either Funko US, Funko UK, or both (depending on what the context requires, which will be clear from the drafting).
2. UNDERSTANDING THESE TERMS
   1. These Terms & Conditions (“Terms”) apply to: (i) your access to and use of the Website and App; (ii) your access to all Funko online services (including the Website and the App (together the “Services”)); and (iii) the sale and purchase of products sold via the Website and the App (the “Products”). If you do not agree to these Terms, do not use our Products or Services.
   2. In addition to these Terms, we may indicate that different or additional terms, conditions, guidelines, policies, or rules apply in relation to some of our Products or Services (“Supplemental Terms”). For example, the Funko Fan Rewards Program Terms are a set of Supplemental Terms that will apply to you if you decide to sign up to participate in the Funko Fan Rewards Program. Any Supplemental Terms become part of your agreement with us if you use the applicable Products or Services, and if there is a conflict between these Terms and the Supplemental Terms, the Supplemental Terms will control for that conflict.
   3. Please note that:
      1. the Website/App use cookies, the use of which are governed by our Cookies Policy and
      2. we only use your personal information in accordance with our Privacy Notice.
   4. We cannot guarantee that the Services, or any content on them, will always be available or be uninterrupted. We may need to suspend, withdraw, discontinue or change all or any part of the content of the Services without notice (for example, for legal or compliance reasons, or to carry out updates). If you have a registered account with us, and we know of any upcoming significant disruption to the Services, we will provide you with reasonable notice. We will not be liable to you if for any reason the Services are unavailable at any time or for any period. This does not affect your legal rights, in particular, in respect of any order already placed and accepted. (THIS SECTION 2.4 DOES NOT APPLY FOR CONSUMERS RESIDENT OR DOMICILED IN GERMANY).
   5. Changes.
      1. 1. 1. We may make changes to these Terms from time to time (if, for example, there is a change in the law that means we need to change these Terms). The “Last updated” date at the top of this page indicates when these Terms were last changed - please check these Terms regularly to ensure that you understand the Terms that apply at the time that you access and use the Services and/or order Products. If we make future changes and you have a registered account with us, we will provide you with reasonable notice before a change takes effect. Furthermore, any change to these Terms will not affect the Terms of Sale (including as set out in Sections 9 to 13 inclusive) applicable at the time of a specific order and those will continue to apply to that specific order. The updated terms will then apply to your next / future orders (subject to valid incorporation of the updated terms).
            2. FOR CONSUMERS RESIDENT / DOMICILED IN GERMANY: This Section 2.5 as a whole does not apply to you. 
            3. FOR CONSUMERS RESIDENT / DOMICILED IN ITALY: We may not suspend, withdraw, discontinue or change all or any part of the content of the Services except in the following circumstances: i) force majeure events or exceptional circumstances beyond our reasonable control; ii) the need to comply with legal obligations; iii) security requirements; iv) critical maintenance and system updates; or v) for commercial or operational reasons. Upon the occurrence of any such circumstances, we will provide reasonable advance notice of at least thirty (30) days prior to any suspension, withdrawal, discontinuation, or modification of the Services, unless such advance notice is not reasonably practicable for example due to the nature or urgency of the circumstances.
   6. FOR CONSUMERS RESIDENT / DOMICILED IN THE USA, CANADA OR MEXICO (ONLY): YOU AND FUNKO AGREE TO RESOLVE MOST DISPUTES SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR BY JURY TRIAL. IF YOU DO NOT WISH TO ARBITRATE DISPUTES WITH FUNKO, YOU MAY OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION 24.12. Some jurisdictions do not allow arbitration and class action waivers, in which case you may bring legal proceedings regarding these Terms (and/or any Supplemental Terms) as set out in Section 25.1.
3. ELIGIBILITY AND USE RESTRICTIONS
   1. Age. Users under eighteen (18) years of age (or the age of legal majority where the user lives) may only use our Products and Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. The parent or legal guardian of a user under the age of eighteen (18) (or the age of legal majority) is fully responsible for the acts or omissions of such user in relation to our Products and Services. If you are a parent or legal guardian and you believe that your child under the age of eighteen (18) is using our Products or Services without your consent, please contact us at [email protected].
   2. Jurisdiction. The offer of our Products and Services is currently directed only at consumers in the United States, Canada, Mexico, the UK, Germany, Spain, Italy and France (the “Territories”). You may only use our Products and Services in the Territories, other EU countries and the United Arab Emirates.
   3. Consumers. Our Services and Products are only targeted to and available to consumers (not businesses). Each jurisdiction has its own definition for who constitutes a “consumer” but in principle you are a consumer if you are a natural person and if you are acting for purposes that are wholly or mainly outside of your trade, business, craft or profession.
4. YOUR INFORMATION
   1. You may provide certain information to Funko in connection with your access or use of our Products or Services, or we may otherwise collect certain information about you when you access or use our Products or Services.
   2. You agree that:
      1. it is your responsibility to ensure that any information that you provide to Funko in connection with the Products or Services is complete and accurate;
      2. you are the person whose details you have provided; and
      3. you will notify us immediately if there are any changes to the information you have provided to us.
5. ACCOUNTS
   1. If you are eighteen (18) years old or above, you may create an account with Funko to use some or all of Services and/or order Products, and you will be asked to provide certain information (such as your email address) and to create a password, as part of our security procedures. You must not share or permit others to use your individual account credentials. You must promptly update any information contained in your account if it changes. You must use a strong password for your account that is unique to our Products and Services and not used by you in any other website or online service. You must maintain the security of your account, as applicable, and promptly notify us if you discover or suspect that someone has accessed your account without your permission. We reserve the right to reject, require that you change, or reclaim usernames (including on behalf of businesses or individuals that hold legal claim, including trademark rights) in those usernames.
   2. We have the right to disable any accounts and/or passwords, at any time, if you have materially or persistently failed to comply with any of the provisions of these Terms (or applicable law).IF YOU ARE A CONSUMER RESIDENT / DOMICILED IN ITALY: Before disabling your accounts and/or passwords, we will inform you, specifying the provisions we believe you have failed to comply with, and you will have the opportunity to object.
6. USER CONTENT
   1. User Content.
      1. We may allow you and other users to create, post, store and share content in connection with our Services (collectively, “User Content”). Except for the license you grant below, as between you and Funko, you retain all rights in and to your User Content, excluding any portion of our Products or Services included in your User Content. You grant Funko and its affiliates and our end users a perpetual (or – FOR CONSUMERS RESIDENT / DOMICILED IN FRANCE - for the whole duration of protection afforded by applicable intellectual property rights or other exclusive rights), irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable (through multiple tiers) license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly or otherwise perform and display, and exploit your User Content and any name, username or likeness provided in connection with your User Content, in all media formats and channels now known or later developed, as strictly necessary to provide the Services to you.
      2. IF YOU ARE A CONSUMER RESIDENT / DOMICILED IN ITALY: The license under Section 6.1(a) terminates when you cancel your account or your User Content is deleted by you or by Funko in accordance with these Terms. Section 6.1 does not exclude or limit in any way your legal rights or the application of any mandatory provisions under Italian law.
      3. To the extent permitted under applicable laws, you hereby irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory. (THIS SECTION 6.1 DOES NOT APPLY TO CONSUMERS RESIDENT / DOMICILED IN FRANCE, GERMANY, SPAIN, AND ITALY where, in particular, no waiver to your “moral rights” or other personality and/or image rights shall apply.)

1. 2. Prohibited User Content. You are prohibited from using or providing to Funko any User Content that does not belong to you (this includes any content that you might have found elsewhere on the Internet and third-party logos, imagery, phrases, or trademarks, even if you have made changes to these items). You may not create, post, store, or share any User Content for which you do not have all the rights necessary to grant us the license described above, and you are responsible for ensuring that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity or otherwise infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party. Further, you may not create, post, use or provide to Funko any User Content that:
      1. gives the impression that it emanates from or is endorsed by us, if this is not the case;
      2. violates these Terms;
      3. is untrue or dishonest;
      4. is unlawful, libelous, defamatory, obscene, racist, discriminatory, hateful, harmful, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;
      5. would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability, or violate any applicable law;
      6. impersonates, or misrepresents your affiliation with, any person or entity;
      7. contains any unsolicited promotions, political campaigning, advertising, or solicitations;
      8. contains any private, confidential or personal information of a third party without such third party’s consent; or
      1. is objectionable, restricts or inhibits any other person from using or enjoying our Products or Services, or exposes Funko, our partners, or others to any harm or liability of any type.
   3. Enforcement.
      1. Enforcement of this Section 6 is solely at Funko’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances.
      2. This Section 6 does not create any right or private right of action on the part of any third party or any reasonable expectation that the Services will not use or involve any content that is prohibited by these Terms.
   4. Remedies.
      1. We do not undertake to review all User Content, and we expressly disclaim any duty or obligation to undertake any monitoring or review of any User Content. Although we have no obligation to screen, edit, or monitor User Content, we may:
         1. Refuse to use any User Content or refuse to allow you to submit an order using any User Content, at any time and for any reason with or without notice, which includes if the User Content violates applicable law or these Terms;

1. 1. 1. 2. Terminate or suspend your access to all or part of the Services, cancel your outstanding orders, and terminate or suspend your account, temporarily or permanently, at any time and for any reason with or without notice, including if the User Content violates applicable law or these Terms;
         3. Take any action with respect to your User Content that is necessary or appropriate to ensure compliance with applicable law and these Terms, or to protect Funko’s rights, or to protect any third-party rights, including third-party intellectual property and privacy rights (e.g., in the U.S. - providing information to copyright owners in furtherance of Digital Millennium Copyright Act takedown requests); and
         4. As permitted or required by law, cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any User Content on or through the Services.
      2. IF YOU ARE A CONSUMER RESIDENT / DOMICILED IN ITALY: Before taking any actions under letters (i), (ii) or (iii) above, we will inform you, specifying the provisions we believe or suspect you have failed to comply with, and you will have the opportunity to object.

6. 1. 3. SECTION 6.4 (REMEDIES) DOES NOT APPLY TO CONSUMERS RESIDENT OR DOMICILED IN GERMANY.
7. PROHIBITED CONDUCT
   1. You will not use our Products or Services if you are not eligible to use our Products or Services in accordance with Section 6.2 of these Terms and will not use our Products or Services other than for their intended purpose. Further, you will not, in connection with our Products or Services:
      1. Violate any applicable law, contract, intellectual property right, or other third-party right;
      2. Engage in any harassing, threatening, bullying, intimidating, predatory, or stalking conduct;
      3. Use or attempt to use another user’s account or information without authorization from that user and Funko;
      4. Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
      5. Sell or resell our Services;
      6. Copy, reproduce, distribute, publicly perform our Products or Services or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;
      7. Modify our Products or Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Products or Services;
      8. Use our Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Services or that could damage, disable, overburden, or impair the functioning of our Services in any manner;
      1. Reverse engineer any aspect of our Services (except to the extent this restriction is contrary to applicable law) or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
      10. Use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from our Services except in accordance with instructions contained in our robots.txt file and only to compile for search results, provided that Funko grants to the operators of public search engines permission to use spiders to copy materials from the Sites for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. To the extent permitted by applicable law, Funko reserves the right to revoke such permission either generally or in specific cases, at any time and without notice;
      11. Develop or use any applications that interact with our Services without our prior written consent;
      50. Send, distribute, or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
      1000. Link to any online portion of the Services in a manner that damages or exploits, in our sole discretion, our or any of our partner’s reputations or suggests any form or association, approval, or endorsement by the Funko or our partners, including our licensing partners; or
      14. Use our Products or Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms.
   2. Enforcement of this Section 7 is solely at Funko’s discretion and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances.
8. PRODUCT LISTINGS
   1. Images and descriptions: The images and descriptions of the Products are for illustrative purposes only. Certain weights, measures, and similar descriptions are approximate and are for convenience only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Products. Your Product and its packaging may vary slightly from those images.
   2. Pricing: It is always possible that, despite our best efforts, some of the Products may be incorrectly priced. We will normally check prices before accepting your order so that, where a Product's correct price at the time of your order is less than our stated price at that time, we will charge the lower amount. If the Product's correct price at the time of your order is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid. IF YOU ARE A CONSUMER RESIDENT / DOMICILED IN ITALY OR GERMANY: Section 8.2 as a whole does not apply to you.
   3. Such listings and the availability of any Product are subject to change at any time without notice.
9. TERMS OF SALE

By placing an order for and purchasing a Product through the Services (a “Transaction”), you agree to the terms and conditions set forth in Sections 9 to 13 inclusive.

IF YOU ARE A CONSUMER RESIDENT / DOMICILED IN THE US, CANADA OR MEXICO – if you purchase Products via the Services, you will enter into a contract of sale with Funko US All aspects of the sale and purchase (including, for example, payments, delivery, and refunds) will be managed and be the responsibility and liability of Funko US. Any claims in respect of an order must be brought to and would be addressed by Funko US.

IF YOU ARE A CONSUMER RESIDENT / DOMICILED IN THE UK OR EU – if you purchase Products via the Services, you will enter into a contract of sale with Funko UK. All aspects of the sale and purchase (including, for example, payments, delivery, and refunds) will be managed and be the responsibility and liability of Funko UK. Any claims in respect of an order must be brought to and would be addressed by Funko UK.

1. 1. Eligibility. In order to place an order, you must be at least 18 years old. To complete your purchase, you must provide a valid shipping address within the Territories.
   2. Restrictions.

You may only purchase Products for personal, family or household purpose use by either yourself or your intended recipient of the Products. We may place a limit on the quantities that may be purchased per order, per account, per payment card, per person, or per household. We reserve the right, without prior notice, to refuse service to any customer or reject any order at any time if you are in breach of these Terms or applicable law and refund any money you have paid for such order.

FOR CONSUMERS DOMICILED / RESIDENT IN GERMANY: This Section 9.2 does not apply.

FOR CONSUMERS RESIDENT / DOMICILED IN ITALY: If we refuse service or reject any order from you, we will inform you, specifying the provisions we believe or suspect you have breached, and you will have the opportunity to object.

1. 3. Price.
      1. All prices on the Sites and in the App are subject to change at any time without notice. This will not affect the pricing of any orders you have already placed.
      2. FOR CONSUMERS RESIDENT / DOMICILED IN THE USA, CANADA AND MEXICO (ONLY): Prices shown on the Sites and in the App exclude all taxes or charges for shipping and handling. Taxes and, unless otherwise agreed by Funko, shipping and handling costs will be added to the amount of your purchase and itemized on the checkout page. You will have an opportunity to review taxes and delivery costs before you confirm your purchase. We do not collect taxes on merchandise shipped to a jurisdiction in which we do not have substantial nexus, in which case you will be liable to the appropriate taxing authority for any sales taxes relating to your purchase from the Sites and in the App.
      3. FOR CONSUMERS RESIDENT / DOMICILED IN THE UK AND EU (ONLY): Prices shown on the Sites and in the App are inclusive of all applicable charges – including all taxes and charges for shipping and handling.
   4. Payment.
      1. If you wish to place and order (and thereby enter into a Transaction with Funko), you will be asked to supply certain relevant information, such as your payment card number and its expiration date, your billing address, and your shipping information, to us or our payment processors. You guarantee that you have the right to use any payment card that you submit in connection with a Transaction. We may receive updated information from your issuing bank or our payment service provider about any payment method you have stored with us. You authorize us to charge your payment method, including any updated payment method information we receive, for any charges you are responsible for under these Terms. Verification of information may be required prior to the acknowledgment or completion of any Transaction. You will pay all charges incurred by you or on your behalf through the Services, at the prices in effect when such the order is placed, including all taxes and shipping and handling charges applicable to your Transactions.
      2. In the event legal action is necessary, we reserve our right to collect on balances due. In this case, you will reimburse us and our vendors or agents for all expenses incurred to recover sums due, including attorneys’ or other legal fees and other legal expenses, to the extent permitted by applicable law.
      3. FOR CONSUMERS RESIDENT / DOMICILED IN SPAIN OR ITALY: Section (9.4(b) does not apply to you.
   5. Order process. In order to submit an order you must follow the procedure set out on the Website or App respectively. You will have the opportunity to review and confirm your order, including delivery address, delivery date/timeframe, payment method, and other details of your order. You are responsible for ensuring that your order is complete and accurate.
   6. We will not file a copy of any contract formed between you and us.
   7. The order process will be available to you in your local language:
      1. if you are a consumer resident / domiciled in the USA, Canada, Mexico or the UK, the process will be in the English language;
      2. if you are a consumer resident / domiciled in Spain, the process will be in the Spanish language (or you can choose English);
      3. if you are a consumer resident / domiciled in France, the process will be in the French language (or you can choose English);
      4. if you are a consumer resident / domiciled in Germany, the process will be in the German language (or you can choose English); and
      5. if you are a consumer resident / domiciled in Italy, the process will be in the Italian language (or you can choose English).
   8. Order Confirmation; Acceptance. Your order constitutes an offer to us that we are not obligated to accept. If we do accept your order, we will display or send a notice to confirm the sale, and our acceptance will be complete at the time we display or send the formal acceptance notice. Payment must be received by us on order acceptance. These Terms will become legally binding on you and us when we send you the confirmation and each confirmed order shall be a new and separate contract between you and us.
   9. Order Cancellation. To the extent permitted under applicable laws, we reserve the right to delay, refuse, or cancel any order prior to delivery. For example, if there are errors on the Sites or made in connection with your order or inaccuracies in Product, pricing information or Product availability, we reserve the right to, to the extent permitted under applicable laws, offer you the opportunity to proceed with the order but under changed terms, or cancel your order. We will contact you if any portion of your order is cancelled or if additional information is required to accept your order.

FOR CONSUMER RESIDENT / DOMICILED IN ITALY AND GERMANY: This Section 9.9 does not apply to you.

9. 10. Shipping; Delivery. Products will be shipped to the address designated by you so long as such address is complete and complies with the shipping restrictions set forth in these Terms. You will pay all shipping and handling charges specified during the ordering process.
       1. FOR CONSUMERS RESIDENT / DOMICILED IN THE USA, CANADA AND MEXICO (ONLY): All Transactions are made pursuant to a shipment contract and, as a result, risk of loss and title for Products pass to you upon delivery of the Products by Funko to the carrier. Unless otherwise agreed by Funko, you are responsible for filing any claims with carriers for damaged and/or lost shipments. Any shipping dates provided are approximate and not guaranteed. We are not liable for any delays in shipments.
       2. FOR CONSUMERS RESIDENT / DOMICILED IN THE UK, FRANCE, ITALY AND SPAIN (BUT NOT FOR GERMANY):
          1. We will provide you with a delivery estimate during the order process and will confirm such delivery estimate in the confirmation email.
          2. If no one is available at your address to take delivery of the Products, we will leave you a note informing you of how to rearrange delivery or collect the Products from a local depot. If you do not collect the Products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs (UNLESS YOU ARE A CONSUMER DOMICILED IN FRANCE, in which case, storage costs will not apply to you). If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and refund any sums you have paid to us for the Products and their delivery.
          3. If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.
          4. You have legal rights if we deliver the Products late. If we miss the delivery deadline for any Products then you may treat the contract as at an end straight away if any of the following apply: (A) we have refused to deliver the Products; (B) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or (C) you told us before we accepted your order that delivery within the delivery deadline was essential. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so in accordance with the foregoing, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline. Alternatively, if you do choose to treat the contract as at an end for late delivery under this section, you can cancel your order for any of the Products or reject Products that have been delivered. If you wish, you can reject or cancel the order for some of those Products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled Products and their delivery. If the Products have been delivered to you, you must either post them back to us (if they are not suitable for posting) or allow us to collect them from you. We will pay the costs of postage or collection. Please contact us for a return label or to arrange collection.
   11. Responsibility and ownership of Products.
       1. FOR CONSUMERS RESIDENT / DOMICILED IN THE USA, CANADA, MEXICO AND UK (ONLY): A Product will be your responsibility from the time we deliver the Product to the address you gave us.
       2. FOR CONSUMERS RESIDENT / DOMICILED IN THE EU: A Product will be your responsibility from the time you or a third party indicated by you (other than the carrier) has acquired the physical possession of the Product.
       3. You own a Product once we have received payment in full.
   12. Reservation of Rights.
       1. The availability of any Product is subject to change at any time without notice, provided that no such changes will affect any orders already placed.
       2. Subject to applicable law (in particular, the FOLLOWING SHALL NOT APPLY IF YOU ARE RESIDENT / DOMICILED IN ITALY): Funko reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any Product; to impose conditions on the honouring of any coupon, discount, or similar promotion; to bar you from making any Transaction; to alter the payment option for Products; and to refuse to provide you with any Product. FOR CONSUMERS RESIDENT / DOMICILED IN ITALY: This Section 9.12(b) does not apply to you.
       3. FOR CONSUMERS DOMICILED / RESIDENT IN GERMANY: The foregoing Sections 9.12(a) and (b) do not apply to you. The following applies to you instead: Your statutory warranty rights in case of defects in title or defects in material to repair or replacement, rescission, reduce the purchase price and your other statutory rights in relation to Transactions shall remain unaffected. Your rights to claim damages shall be limited in accordance with Section 23.
10. UK CONSUMERS (ONLY): RIGHTS OF CANCELLATION, RETURNS AND REFUNDS

THIS SECTION 10 APPLIES TO UK CONSUMERS ONLY. IF YOU ARE AN EU CONSUMER, SEE SECTION 11. IF YOU ARE A CONSUMER IN THE USA, CANADA OR MEXICO, SEE SECTION 12.

1. 1. Cancellation/changes to an order.
      1. AS A CONSUMER RESIDENT / DOMICILED WITHIN THE UK, you have a legal right to change your mind and cancel the contract between you and us within fourteen (14) days of delivery of your Products without needing to give a reason. This right, under the Consumer Contracts (Information, Cancellation and Charges) Regulations 2013, is explained in more detail below.
      2. Please note that the right to change your mind as set out in Section 10.1(a) does not apply to any of the following:
         1. any Product that we create to your specification or that is clearly personalised - including but not limited to Pop! Yourself Products;
         2. any Product that is not returned to us in its original and resaleable condition with all original, sealed packaging;
         3. any Product that is apparel that when returned to us has been worn or washed, or does not contain all original tags and labels attached;
         4. any Product that was marked at the time of sale as a "Funko-Shop" exclusive or as a "final sale" item that is not eligible for return or refund;
         5. any Product that is a Premium Packaging Add On (e.g., pop protector, gift box, gift bag); or
         6. any Product that is not purchased through our Services (e.g., bonus items obtained for free or products purchased at our stores or from third party websites or stores).
      3. The cancellation period will expire fourteen (14) days from the day on which you acquire (or a third party other than the carrier and indicated by you acquires) physical possession of the Products. You may cancel the contract in respect of all Products delivered or in respect of certain of the Products only. Where you order multiple Products in one order or a Product is delivered in separate parts, lots or pieces, the cancellation period will expire fourteen (14) days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last Product, part, lot or piece that makes up your order.
      4. To exercise the right to cancel, you must inform us of your decision to cancel the contract with us by making a clear statement (e.g. a letter sent by post or email). The easiest way to do this is to contact our Customer Services team at [email protected]. You may alternatively use the following model cancellation form but you are not required to do so:

Model Cancellation Form To: 21 Holborn Viaduct, London, United Kingdom, EC1A 2DY E-mail address: [email protected] I/We(*) hereby give notice that I/We(*) cancel from my/our (*) contract of sale of the following goods(*)/for the provision of the following service*, Ordered on(*) / received on(*) Name of consumer(s), Address of consumer(s), Signature of consumer (only if this form is notified on paper) Date (*) Please delete if not applicable

1. 1. 5. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of your right to cancel before the cancellation period has expired.
      6. We will send you an acknowledgement of receipt of your notice to cancel by email.
      7. If you cancel the contract with us, we will reimburse you all payments received from you, including the cost of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us and for any deductions permitted under Section 10.1(j).
      8. We will make the reimbursement without undue delay, and not later than:
         1. fourteen (14) days after the day we receive back from you any Products supplied;
         2. (if earlier) fourteen (14) days after the day you provide evidence that you have returned the Products; or
         3. if there were no Products supplied, fourteen (14) days after the day on which we are informed about your decision to cancel this contract.
      1. We may withhold reimbursement until we have received the Products back or you have supplied evidence of having sent back the Products, whichever is the earliest.
      10. We may make a deduction from the reimbursement for loss in value of any Products supplied, if the loss is the result of unnecessary handling by you. You are only liable for any diminished value of the Products resulting from the unfair and/or unreasonable wear and tear of the Products other than what is necessary to establish the nature, characteristics and functioning of the Products. We may make a deduction from any reimbursement (you are entitled to from us) for such loss in value of any Products we supply.
   2. How to return Products.
      1. If you wish to exercise your rights to a refund under this 10.2, you must submit a return claim (a “Return Claim”) through our online form, the link for which will be made available to you by email or through your account in connection with your Product order. 
      2. In connection with your Return Claim, you may be asked to provide, amongst other information: (i) your name, address, email address, and telephone number; and (ii) a copy of your receipt or other comparable proof of purchase for the Product being returned. Verification of information may be required prior to the acknowledgment of any Return Claim.
      3. Following receipt of your Return Claim submitted with all required information in accordance with the procedure set forth in this section, Funko will provide notice to you of Funko’s decision as to whether to proceed with or deny your Return Claim. If Funko elects to proceed with your Return Claim, Funko will provide a return merchandise authorization number and email a shipping label to you. To obtain a refund, you must:
         1. initiate the return of the Product to Funko within thirty (30) days from the date the Product was originally delivered by or on behalf of Funko to you or your designated recipient; and

10. 2. 3. 2. using the shipping label provided by or on behalf of Funko, ship the Product to Funko or its designee within ten (10) days of initiating the return.
       4. We will pay the costs of return if the Products are faulty or misdescribed in accordance with Section 10.3(a). In all other circumstances, you must pay the costs of return.
       5. You are responsible for taking reasonable care of the Products until they are returned to us. We recommend that you return them to us using the recommended shipping procedure and that you keep proof of postage. We will be unable to provide you with a full refund if the Products are not returned to us or if they are damaged when they arrive.
       6. We will make any validly due refund using the same means of payment as you used for the initial transaction. You will not incur any fees as a result of the refund.
    3. Other rights to a refund.
       1. You have legal rights in relation to Products that are not as described, faulty or otherwise not fit for purpose. If you believe that any Products that you have ordered do not conform with these Terms of Sale, please contact our Customer Services Team to request a replacement or refund.
       2. If, due to unforeseen circumstances, we are unable to fulfil your order or any of the Products in a particular order, we will refund the value of the Product(s) that we were unable to fulfil and, if the full order is cancelled, any delivery charges.
11. EU CONSUMERS: RIGHTS OF WITHDRAWAL, RETURNS AND REFUNDS

THIS SECTION 11 APPLIES TO EU CONSUMERS ONLY. IF YOU ARE A UK CONSUMER, SEE SECTION 10. IF YOU ARE A CONSUMER IN THE USA, CANADA OR MEXICO, SEE SECTION 12.

You have a right of withdrawal in accordance with the following provisions.

SAMPLE RIGHT OF WITHDRAWAL FORM If you wish to withdraw from the contract, please fill in and return this form to Funko UK, 21 Holborn Viaduct, London, United Kingdom, EC1A 2DY or [email protected]. I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods/the provision of the following service (*):                                                                                                                                       Ordered on (*)/received on (*):                                                                                                                                        Name of consumer(s):                                                                                                                                       Address of consumer(s):                                                                                                                                       Signature of consumer(s) (only in case of communication on paper):                                                                                                                                       Date:                                                                                                                                       (*) Delete where inapplicable

12. INTERNATIONAL (NON-UK AND NON-EU) CONSUMERS: RETURNS POLICY

THIS SECTION 12 APPLIES TO CONSUMERS RESIDENT / DOMICILED IN THE USA, CANADA AND MEXICO. IF YOU ARE A UK CONSUMER, SEE SECTION 10. IF YOU ARE AN EU CONSUMER, SEE SECTION 11.

12. 1. Refunds. All Products purchased in Canada and Mexico are final sale, except for Products delivered by Mexico with damages or defects. If you want to refund Products purchased outside of Canada and Mexico or refund damaged or defective Products purchased in Mexico, the refunds will be subject to Funko's applicable Returns Policy.
    2. Submitting a Return. If for any reason you decide to return a Product that you purchased from our Services or that was otherwise obtained through our Services, except as otherwise described in this paragraph, you must submit a return claim (a “Return Claim”) through our online form (a “Return Claim”), the link for which will be made available to you by email or through your account in connection with your Product order. Note, you may not submit a claim through our online form if you intend to ship your return from APO/FPO (GU, AA, AE and AP)/AS/Virgin Islands, and if you intend to ship your return from these locations, you may only initiate a Return Claim by reaching out to our customer service team at [email protected]. In connection with your Return Claim, you may be asked to provide, amongst other information: (i) your name, address, email address, and telephone number; and (ii) a copy of your receipt or other comparable proof of purchase for the Product being returned. Verification of information may be required prior to the acknowledgment of any Return Claim. Following receipt of your Return Claim submitted with all required information in accordance with the procedure set forth in this section, Funko will provide notice to you of Funko’s decision as to whether to proceed with or deny your Return Claim. If Funko elects to proceed with your Return Claim, Funko will provide a return merchandise authorization number and email a shipping label to you. To obtain a refund, you must (1) initiate the return of the Product to Funko within thirty (30) days from the date the Product was originally delivered by or on behalf of Funko to you or your designated recipient and (2) using the shipping label provided by or on behalf of Funko, ship the Product to Funko or its designee within ten (10) days of initiating the return. In order to receive a refund, the returned Product must not be subject to any of the exclusions set forth below.
    3. Exclusions.
       1. Funko will not accept returns of Products purchased in Canada or Mexico, unless (in the case of Mexico) such returns are for damages or defects on Products.
       2. Funko will not accept returns of Products purchased from other retailers. Those Products are subject to that retailer’s return policies and Funko disclaims any liability with respect to the return of such Products.
       3. Additionally, Funko will not accept a return of any Products if the Product:
          1. is not in its original condition with all original, sealed packaging;
          2. is apparel that has been worn or washed;
          3. is apparel that does not contain all original tags attached;
          4. is a Pop! Yourself product (which is a personalised product);
          5. was marked at the time of sale as a "Funko-Shop" exclusive or as a "final sale" item;
          6. is a Premium Packaging Add On (e.g., pop protector, gift box, gift bag);
          7. was purchased in bulk (i.e., six (6) or more of the same Product);
          8. is returned via a return (i) initiated more than thirty (30) days from the Product was delivered by or on behalf of Funko to you or your designated recipient or (ii) shipped to Funko more than ten (10) days from the date the Product return was initiated;
          9. is not purchased through our Services (e.g., bonus items obtained for free or products purchased at our stores or from third party websites or stores);
          10. is returned by any person other than (1) the original purchaser of the Product or (2) a subsequent owner who can provide proof of the initial purchase of the Product; or
          11. is returned from outside of the Territories.
       4. Minor variations with respect to Products and blemishes to Product packaging will not be considered damage, and Funko may deny returns of Products with such variations or blemishes in its sole discretion.
       5. Funko will also not accept return claims that are submitted via Funko’s online form and are shipped from APO/FPO(GU, AA, AE and AP)/AS/Virgin Islands. If you desire to ship a return from APO/FPO (GU, AA, AE and AP)/AS/Virgin Islands, you may only initiate a return claim by reaching out to our customer service team at [email protected].
    4. Refunds. Funko does not take title to returned Products, and risk of loss does not pass to Funko, until the Product is received by Funko. Unless otherwise agreed by Funko, you are responsible for filing any claims with carriers for damaged and/or lost return shipments. Once the Product has been returned to Funko in accordance with this Returns Policy (as defined above) and the return has been received and processed by Funko, Funko will issue a refund to the original payment method used to purchase the Product for the full amount of the original purchase price (including any associated sales tax), minus, the shipping and handling costs incurred by Funko in connection with your Return Claim and any applicable restocking fees. For items given or received as a gift, Funko is only able to issue a refund to the payment method used by the original purchaser. Unless prohibited by law, any shipping and handling charges paid for the original purchase will not be refunded.
    5. This Section 12 is in addition to any statutory rights you may have under law. Nothing in this Returns Policy is intended to limit your statutory rights, and Funko may accept returns that fail to meet our return criteria described above in accordance with your statutory rights or otherwise in our sole discretion.
13. EXCHANGES

Funko does not currently permit exchanges of any Products, other than as required under applicable provisions regulating the legal guarantee in accordance with Section 11 above.

14. PROMOTIONS

Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, “Promotions”) made available through the Services may be governed by rules and Supplemental Terms that are additional to and separate from these Terms. If you participate in any Promotions, please review the additional applicable rules / Supplemental Terms as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will govern.

15. OWNERSHIP; LIMITED LICENSE

The Services, including the text, graphics, images, photographs, videos, illustrations, and other content contained therein, and Products, and all intellectual property rights therein and thereto, are owned by Funko or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services and Products, including all intellectual property rights therein and thereto, are reserved by us or our licensors. Subject to your compliance with these Terms (including Sections 4 and 5), you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Products and Services for personal, non-commercial, or household use and solely with respect to any applications included in the Services, install and use such application on a mobile or personal device that you own or control. Any use of the Products or Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein and violate our intellectual property rights. Any applications included in the Services are licensed (not sold), and if you fail to comply with any of the terms or conditions of these Terms, you must immediately cease using the applicable application and remove (that is, uninstall and delete) the applicable application from your mobile or personal device.

16. TRADEMARKS

Funko, Pop!, Loungefly, and our logos, product or service names, slogans, and the look and feel of our Products and Services are trademarks of Funko and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on or in connection with our Products or Services are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.

17. FEEDBACK

You may voluntarily post, submit, or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about Funko or our Products or Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, or publish the Feedback, to improve Products or Services, or develop new products or services, in Funko’s sole discretion. Funko will exclusively own all improvements to Products or Services, or new Funko products or services based on any Feedback. You understand that Funko may treat Feedback as nonconfidential.

FOR CONSUMERS RESIDENT / DOMICILED IN ITALY: We may only use your Feedback for the purpose of managing, developing, improving and providing Products or Services without acknowledgment or compensation to you, and without any obligation to maintain confidentiality.

18. REPEAT INFRINGER POLICY; COPYRIGHTS COMPLAINTS.

THIS SECTION 18 ONLY APPLIES TO CONSUMERS WHO ARE RESIDENT / DOMICILED IN THE USA AND DOES NOT APPLY TO ANY CONSUMERS RESIDENT / DOMICILED WITHIN THE EU OR UK.

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others (our "DMCA Policy"). If you believe that any content provided to Funko by a user or otherwise used in connection with our Services infringes any copyright that you own or control, you may notify Funko’s designated agent (your notification, a “DMCA Notice”) as follows:

Designated Agent: Legal Department

Address: Funko, LLC, 2802 Wetmore Ave., Everett, WA 98201, USA

Telephone Number: (425) 783-3616

Email Address: [email protected]

Please see Section 512(c)(3) of the DMCA for the requirements of a proper notification. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your notice may not be effective. If you knowingly materially misrepresent that any activity or material used in connection with our Services is infringing, you may be liable to Funko for certain costs and damages.

19. THIRD-PARTY CONTENT
    1. Our Services rely on or interoperate with third-party products and services, including, without limitation, data storage services, communications technologies, IoT platforms, third-party app stores, and internet and mobile operators (collectively, “Third-Party Materials”). These Third-Party Materials are beyond our control, but their operation may impact, or be impacted by, the use and reliability of our Services. You acknowledge that:
       1. the use and availability of the Services is dependent on third-party product vendors and service providers; and
       2. these Third-Party Materials may not operate reliably 100% of the time, which may impact the way that our Products or Services operate.
    2. Links. We may further provide information about or links to third-party products, services, activities, or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. When you click on links to various merchants on the Sites and make a purchase, this can result in us earning a commission. Affiliate programs and affiliations include, but are not limited to, the eBay Partner Network.
    3. Coupons / discount codes. Funko is under no obligation to but may, in its discretion, accept and process coupons or discount codes made available by third parties from time to time with respect to the Products. Notwithstanding the foregoing, these third party coupons and discount codes, where their provision and promotion is not under Funko’s control, are not guaranteed to be accepted and may be rejected by Funko at any time and for any reason (but no obligation to provide such reason). Funko accepts no liability whatsoever if any of such coupon or discount code does not activate or work at the checkout.
    4. You are responsible for deciding whether to access Third-Party Materials or Third-Party Content. We have no obligation to monitor Third-Party Materials or Third-Party Content, and we may block or disable access to any Third-Party Materials or Third-Party Content (in whole or part) through our Services at any time. Your access to and use of such Third-Party Content or Third-Party Materials may be subject to additional terms, conditions, and policies applicable to such Third-Party Content (including terms of service or privacy policies of the providers of such Third-Party Materials). You are responsible for obtaining and maintaining any computer hardware, equipment, network services and connectivity, telecommunications services, and other products and services necessary to access and use the Services. We assume no responsibility for Third-Party Materials or Third-Party Content. Any links to Third-Party Materials or Third-Party Content should not be interpreted as endorsement by us of those linked aspects. For the avoidance of doubt - we will not be liable for any loss or damage that may arise from your use of Third-Party Materials or Third-Party Content.

FOR CONSUMERS RESIDENT / DOMICILED IN ITALY: Any exclusion or limitation of our liability under this Section 19.4 does not apply where we have acted in accordance with these Terms (and any Supplemental Terms) and our professional diligence.

19. 5. FOR CONSUMERS DOMICILED / RESIDENT IN GERMANY: This Section 19 as a whole does not apply to you.
20. INDEMNIFICATION

THIS SECTION 20 ONLY APPLIES TO CONSUMERS WHO ARE RESIDENT / DOMICILED IN THE USA, CANADA AND MEXICO AND DOES NOT APPLY TO CONSUMERS RESIDENT / DOMICILED IN THE UK OR EU.

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Funko and our affiliates, and each of our respective officers, directors, agents, partners, and employees (individually and collectively, the “Funko Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Indemnification Claims”) arising out of or related to: (a) your access to or use of the Products or Services; (b) your Feedback or User Content (as defined below); (c) your violation of these Terms (and/or any Supplemental Terms); (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You will promptly notify Funko Parties of any third-party Indemnification Claims, cooperate with Funko Parties in defending such Indemnification Claims, and pay all fees, costs, and expenses associated with defending such Indemnification Claims (including attorneys' or other legal fees). The Funko Parties will have control of the defense or settlement, at Funko's sole option, of any third-party Indemnification Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Funko or the other Funko Parties.

21. DISCLAIMERS

THIS SECTION 21 ONLY APPLIES TO CONSUMERS WHO ARE RESIDENT / DOMICILED IN THE USA, CANADA AND MEXICO.

Your use of our Products and Services and any content or materials provided therein or therewith (including the Third-Party Content and Third-Party Materials) is at your sole risk. Except as otherwise provided in a writing by us and to the fullest extent permitted under applicable law, our Products, Services, and any content or materials provided therein or therewith (including the Third-Party Content and Third-Party Materials) are provided “as is” and “as available” without warranties of any kind, either express or implied. Except to the extent prohibited by law, Funko disclaims all warranties with respect to the foregoing, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, to the fullest extent permitted by law, Funko does not represent or warrant that our Products or Services or any content provided therein or therewith (including the Third-Party Content and Third-Party Materials) are accurate, complete, reliable, current, or error-free or that access to our Products or Services or any content provided in or with our Services (including the Third-Party Content and Third-Party Materials) will be uninterrupted. While Funko attempts to make your use of our Products and Services and any content provided therein or therewith (including the Third-Party Content and Third-Party Materials) safe, we cannot and, to the fullest extent permitted under applicable law, do not represent or warrant that our Products or Services or any content provided therein or therewith (including the Third-Party Content and Third-Party Materials) or our servers are free of viruses or other harmful components or content or materials. You assume the entire risk as to the quality and performance of the Products and Services and any content provided therein or therewith (including the Third-Party Content and Third-Party Materials). All disclaimers of any kind (including in this section and elsewhere in these Terms) are made for the benefit of Funko, Funko Parties, and Funko’s respective shareholders, agents, representatives, licensors, suppliers, and service providers, as well as their respective successors and assigns.

22. SUSPENSION AND TERMINATION
    1. If you breach any of these Terms, we reserve our rights (subject to applicable law) to immediately do any or all of the following (without limitation, and as applicable):
       1. issue a warning to you;
       2. temporarily or permanently remove any User Generated Content uploaded by you to the Services;
       3. temporarily or permanently withdraw your right to use the Services;
       4. suspend or terminate your Funko account;
       5. issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs);
       6. take further legal action against you; and/or
       7. disclose such information to law enforcement authorities as necessary or required,

and, if we end a contract in the situations given in this Section 22, and you have completed a Transaction with us, then we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaching the contract to the extent permitted by the applicable law.

22. 2. FOR CONSUMERS RESIDENT / DOMICILED IN ITALY: Before taking any actions under Sections 22.1, 22.1(b), 22.1(c), 22.1(d), 22.1(e), 22.1(f) and, where permitted by applicable law, 22.1(g) above, we will inform you, specifying the provisions of these Terms we believe you have breached, and you will have the opportunity to reply or object.
    3. FOR CONSUMERS RESIDENT / DOMICILED IN GERMANY: Section 22.1 shall not apply to you. Instead, the following shall apply: In relation to Transactions, Section 9.10 shall apply. In relation to Services, your and our statutory termination rights to terminate for cause shall remain unaffected.
23. LIMITATION OF LIABILITY
    1. THIS SECTION 23.1 APPLIES FOR CONSUMERS RESIDENT / DOMICILED IN THE USA, CANADA AND MEXICO (ONLY):
       1. To the fullest extent permitted by applicable law, Funko and the other Funko Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive, or special damages or lost profits, even if Funko or the other Funko Parties have been advised of the possibility of such damages.
       2. The total liability of Funko and the other Funko Parties for any claim arising out of or relating to these Terms (and/or any Supplemental Terms) or our Products or Services, regardless of the form of the action, is limited to the greater of one hundred $(100) or the amount paid by you to use our Products and Services.
       3. Release: To the fullest extent permitted by applicable law, you release Funko and the other Funko Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
       4. The limitations set forth in this Section 23.1 will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of Funko or the other Funko Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
    2. THIS SECTION 23.2 APPLIES FOR CONSUMERS RESIDENT / DOMICILED IN THE UK AND FRANCE (ONLY):
       1. If we fail to comply with these Terms (and/or any Supplemental Terms), we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms (and/or any Supplemental Terms) or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that you accessed our Services.
       2. Nothing in these Terms (and/or in any Supplemental Terms) excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, and any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
       3. Nothing in these Terms (and/or in any Supplemental Terms) affects your statutory rights. Advice about your statutory rights is available from your local Citizens' Advice Bureau or Trading Standards Office (or equivalent in France).
       4. We only supply our Products and Services for domestic, non-commercial and private use. You agree not to use our Products and Services for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    3. THIS SECTION 23.3 APPLIES FOR CONSUMERS RESIDENT / DOMICILED IN GERMANY (ONLY): We shall be liable only up to the amount of damages as typically foreseeable at the time of entering into these Terms in respect of damages caused by a slightly negligent breach of a cardinal contractual obligation (i.e. a contractual duty the fulfilment of which is essential for the proper execution of the contract, the breach of which endangers the purpose of the contract and on the fulfilment of which you regularly rely on). We shall not be liable for damages caused by a slightly negligent breach of a non-material contractual obligation. The aforesaid limitation of liability shall not apply to any mandatory statutory liability (in particular to liability under the German Product Liability Act), liability for assuming a specific guarantee or liability for damages caused by willful misconduct or gross negligence, or any kind of willfully or negligently caused personal injuries.
    4. THIS SECTION 23.4 APPLIES FOR CONSUMERS RESIDENT / DOMICILED IN ITALY (ONLY):
       1. If we fail to comply with these Terms (and/or any Supplemental Terms) or our professional diligence obligations, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms (and/or any Supplemental Terms) or our negligence, but we are not responsible for any loss or damage that is not foreseeable and for events beyond our reasonable control. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time a contract was concluded between you and us.
       2. Nothing in these Terms (and/or in any Supplemental Terms) excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, and any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
       3. Nothing in these Terms (and/or in any Supplemental Terms) affects your statutory rights under the Italian Consumer Code (Italian Legislative Decree no. 206/2005 and ff. aa.).
       4. We only supply our Products and Services for domestic, non-commercial and private use. You agree not to use our Products and Services for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    5. THIS SECTION 23.5 APPLIES FOR CONSUMERS RESIDENT / DOMICILED IN SPAIN (ONLY): Nothing in these Terms (and/or any Supplemental Terms) will operate so as to exclude or limit any liability that cannot be excluded or limited under Spanish consumer law, including the mandatory provisions of the General Law for the Protection of Consumers and Users (“Ley General para la Defensa de los Consumidores y Usuarios”).
24. BINDING ARBITRATION

THIS SECTION 24 APPLIES TO CONSUMERS RESIDENT / DOMICILED IN THE USA, CANADA AND MEXICO (ONLY).

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND FUNKO TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH YOU AND FUNKO CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND FUNKO FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND FUNKO AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. FUNKO AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. SOME JURISDICTIONS DO NOT ALLOW ARBITRATION AND CLASS ACTION WAIVERS, IN WHICH CASE YOU MAY BRING LEGAL PROCEEDINGS AS SET OUT IN SECTION 25.1.

THE PARTIES ACKNOWLEDGE THAT THE TERMS OF THIS SECTION ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING THEIR DISPUTES AND ARE NOT INTENDED TO DELAY ADJUDICATION OF ANY PARTY’S CLAIMS.

FOLLOW THE INSTRUCTIONS BELOW, IN SECTION 24.12, IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THESE TERMS.

1. 1. Claims This Section Applies To. The dispute resolution and binding arbitration terms in this Section 24 apply to all Claims between you and Funko. A “Claim” is any dispute, claim, or controversy (excluding those exceptions listed below) between you and Funko, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, that either party wishes to seek legal recourse for and that arises from or relates to these Terms (and/or any Supplemental Terms), Products or the Services, or claims arising out of or relating to the interpretation, application, validity, enforceability, or scope of the arbitration requirement or any portion of it.
   2. Informal Dispute Resolution Prior to Arbitration. If you have a Claim against Funko or if Funko has a Claim against you, you and Funko will first attempt to resolve the Claim informally in order to try and resolve the Claim faster and reduce costs for both parties. You and Funko will make a good-faith effort to negotiate the resolution of any Claim for sixty (60) days, or such longer period as mutually agreed in writing (email suffices) by the parties (“Informal Resolution Period”), from the day either party receives a written notice of a dispute from the other party (a “Claimant Notice”) in accordance with these Terms (and/or any Supplemental Terms).

You will send any Claimant Notice to Funko by certified mail addressed to Funko, LLC, Attn: Legal, 2802 Wetmore Avenue Everett, WA 98201 or by email to [email protected]. Funko will send any Claimant Notice to you by certified mail or email using the contact Funko. The Claimant Notice sent by either party must: (i) include the sender’s name, address, email address, telephone number, and any relevant account or purchase information; (ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief sought.

The Informal Resolution Period is designed to allow the party who has received a Claimant Notice to make a fair, fact-based offer of settlement if it chooses to do so. You or Funko cannot proceed to arbitration before the end of the Informal Resolution Period. If you or Funko file a Claim in court or proceed to arbitration without complying with the requirements in Section 24, including waiting until the conclusion of the Informal Resolution Period, the other party reserves the right to seek relief from a court to enjoin the filing and seek damages from the party that has not followed the requirements in this section to reimburse it for any arbitration fees and costs already incurred as a foreseeable consequence of that breach.

The statute of limitations and any filing fee deadlines for a Claim shall be tolled for the duration of the Informal Resolution Period for that Claim so that the parties can engage in this informal dispute-resolution process.

1. 3. Claims Subject to Binding Arbitration; Exceptions. Except for (i) individual disputes that qualify for small claims court (provided that the small-claims court does not permit class or similar representative actions or relief) and (ii) any disputes exclusively related to the intellectual property or intellectual property rights of you or Funko, including any disputes in which you or Funko seek injunctive or other equitable relief for the alleged unlawful use of your or Funko’s intellectual property or other infringement of your or Funko’s intellectual property rights (“IP Claims”), all Claims, including Claims that are not related to intellectual property or intellectual property rights but are jointly filed with IP Claims, that are not resolved in accordance with Section 24.2 will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury. Such Claims include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion of the arbitration provision. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court.
   4. Class Action Waiver. Except as provided in Section 24.11, any arbitration shall be conducted by the parties in their individual capacities only and not as a class action or other representative action, and the parties waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class-action waiver set forth in the preceding sentence is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration agreement set forth in this Section 24 shall be deemed void in its entirety and the parties shall be deemed to have not agreed to arbitrate Claims. Any such claims so released from arbitration must be resolved in accordance with Section 25.
   5. Binding Individual Arbitration. Subject to the terms of this section, Claims may only be settled by binding individual arbitration conducted by the American Arbitration Association (the “AAA”), https://adr.org/, according to the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (“FAA”). For Claims arbitrated by the AAA, if you are a “Consumer,” meaning that you only use our products and services for personal, family, or household purposes, the then-current version of the AAA’s Consumer Arbitration Rules are the rules applicable to Claims between you and Funko as modified by these Terms (the “Rules”). For Claims arbitrated by the AAA, if you are not a Consumer, the then-current version of the AAA’s Commercial Arbitration Rules and Mediation Procedures are the Rules applicable to Claims between you and Funko as modified by these Terms.

These Terms affect interstate commerce, and the enforceability of this Section 24.5 will be substantively and procedurally governed by the FAA, to the extent permitted by law. As limited by the FAA, these Terms, and the Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Claim and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. To the fullest extent allowed by applicable law, the arbitrator may only award legal or equitable remedies that are individual to you or Funko to satisfy one of our individual Claims (that the arbitrator determines are supported by credible relevant evidence).

1. 6. Arbitration Procedure and Location. You or Funko may initiate arbitration of any Claim not resolved during the Informal Resolution Period by filing a demand for arbitration with AAA in accordance with the Rules.

Instructions for filing a demand for with AAA are available on the AAA website or by calling AAA at 800-778-7879. You will send a copy of any demand for arbitration to Funko by certified mail addressed to Funko, LLC, Attn: Legal, 2802 Wetmore Avenue Everett, WA 98201 or by email to [email protected]. Funko will send any demand for arbitration to you by certified mail or email using the contact information you have provided to Funko.

The arbitration will be conducted by a single arbitrator in the English language. You and Funko both agree that the arbitrator will be bound by these Terms.

For Claims in which the claimant seeks less than USD $10,000, the arbitrator will decide the matter solely based on written submissions, without a formal hearing, unless the arbitrator decides that a formal hearing is necessary. For Claims in which the claimant seeks USD $10,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings will be conducted by video or telephone, unless the arbitrator determines an in-person hearing to be necessary. If an in-person hearing is required and you reside in the United States, the hearing will take place in King County, Washington unless you are a Consumer and the arbitrator determines that this would pose a hardship for you, in which case the in-person hearing may be conducted in the claimant’s state and county of residence. If you reside outside the United States, the site of any in-person hearing will be determined by the applicable Rules.

The arbitrator (not a judge or jury) will resolve all Claims in arbitration. Unless you and Funko agree otherwise, any decision or award will include a written statement stating the decision of each Claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions.

An arbitration award, and any judgment confirming it, apply only to that specific case; it cannot be used or offered as precedent in any other case except to enforce the award itself unless the parties agree prior to issuance of the award. Any arbitration decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement.

1. 7. Arbitration Fees. Each party will be responsible for arbitration fees in accordance with the applicable Rules and these Terms. Unless otherwise prohibited by law, you and Funko have ninety (90) days from receipt of an arbitration-fee invoice to pay the invoiced arbitration fees.
   8. Frivolous or Improper Claims. To the extent permitted by applicable law, a claimant must pay all costs incurred by the defending party, including any attorney’s fees, related to a Claim if an arbitrator determines that (i) the Claim was not warranted by existing law or by a nonfrivolous argument or (ii) the Claim was filed in arbitration for any improper purpose, such as to harass the defending party, cause unnecessary delay, or needlessly increase the cost of dispute resolution.
   9. Two Years to Assert Claims. To the extent permitted by law, any Claim by you or Funko against the other must be filed within two years after such Claim arises; otherwise, the Claim is permanently barred, which means that you or Funko will no longer have the right to assert that Claim.
   10. Confidentiality. If you or Funko submits a Claim to arbitration, you and Funko agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and other materials that might be exchanged or the subject of any discovery in the arbitration. You and Funko agree to seek such protection before any such information, documents, testimony, or materials are exchanged or otherwise become the subject of discovery in the arbitration.
   11. Mass Arbitrations. If twenty five (25) or more Claimant Notices are received by a party that raise similar claims and have the same or coordinated counsel, these will be considered “Mass Arbitrations” and will be treated as mass arbitrations according to the AAA’s Mass Arbitration Supplementary Rules, if and to the extent Mass Arbitrations are filed in arbitration as set forth in these Terms. You or Funko may advise the other of your or Funko’s believe that Claims are Mass Arbitrations, and disputes over whether a Claim meets the definition of “Mass Arbitrations” will be decided by the arbitration provider as an administrative matter. To the extent either party is asserting the same Claim as other persons and are represented by common or coordinated counsel, that party waives any objection that the joinder of all such persons is impracticable. The following procedures are intended to supplement the AAA’s Mass Arbitration Supplementary Rules, and to the extent the procedures conflict with those Rules, to supersede them. A court will have authority to enforce the bellwether and mediation processes defined in this section and may enjoin the filing of lawsuits or arbitration demands not made in compliance with it.

Mass Arbitrations may only be filed in arbitration as permitted by the process set forth below. Applicable statutes of limitations will be tolled for Claims asserted in Mass Arbitrations from the time a compliant Claimant Notice has been received by a party until these Terms permits such Mass Arbitration to be filed in arbitration or court. 

24. 11. 1. Initial Bellwether: The bellwether process set forth in this section will not proceed until counsel representing the Mass Arbitrations has advised the other party in writing (email suffices) that all or substantially all the Claimant Notices for the Mass Arbitrations have been submitted. After that point, counsel for the parties will select twenty five (25) Mass Arbitrations to proceed in arbitration as a bellwether to allow each side to test the merits of its arguments. Each side will select fifteen (15) claimants who have provided compliant Claimant Notices for this purpose, and only those chosen cases may be filed with the arbitration provider. The parties acknowledge that resolution of some Mass Arbitrations will be delayed by this bellwether process. Any remaining Mass Arbitrations shall not be filed or deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those Claims, unless and until they are selected to be filed in individual arbitration proceedings as set out in this Section 24. A single arbitrator will preside over each Mass Arbitration chosen for a bellwether proceeding, and only one Mass Arbitration may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise.
        2. Mediation: Once the arbitrations that are part of the bellwether process have concluded (or sooner if the claimants and the other party agree), counsel for the parties must engage in a single mediation of all remaining Mass Arbitrations, with the mediator’s fee paid for by Funko. Counsel for the claimants and the other party must agree on a mediator within thirty (30) days after the conclusion of the last bellwether arbitration. If counsel for the claimants and the other party cannot agree on a mediator within thirty (30) days, the arbitration provider will appoint a mediator as an administrative matter. All parties will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed.
        3. Remaining Claims: If the mediation process concludes with one hundred (100) or more unresolved Mass Arbitrations remaining, any party to a remaining Mass Arbitration may elect to no longer have the arbitration requirement in this Section 24 apply to all remaining Mass Arbitrations for which a compliant Claimant Notice was received by the other party but that were not resolved in the bellwether process or global mediation. To be effective, such an election must be communicated in writing (email suffices) to counsel for the opposing party within thirty (30) days of mediation concluding. Mass Arbitrations released from the arbitration requirement must be resolved in accordance with Section 25.1. If the mediation process concludes with fewer than one hundred (100) Mass Arbitrations remaining or if no party makes a timely election as provided for in the previous paragraph, the arbitrator will randomly select fifty (50) Mass Arbitrations (or the total remaining amount if less than fifty (50)) to proceed in arbitration as a second batch. The arbitrator will randomly select eligible claimants who have provided compliant Claimant Notices for this purpose, and only those chosen cases may be filed with the arbitration provider. Once all arbitrations in the foregoing process are complete, the parties will repeat this process until all Mass Arbitrations have been arbitrated.
        4. Released Claims: If Mass Arbitrations released from the arbitration requirement are brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in Mass Arbitrations for which a compliant Claimant Notice was received by the other party. Any party may contest class certification at any stage of the litigation and on any available basis.
    12. Opting Out of Arbitration. You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted these Terms by emailing [email protected]. To be effective, the opt-out notice must include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration in order to be valid. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 25.1.
    13. Rejection of Future Arbitration Changes. You may reject any change we make to Section 24 (except address changes) by sending us notice of your rejection within thirty (30) days of the change via email at [email protected]. Changes to Section 24 may only be rejected as a whole, and you may not reject only certain changes to Section 24. If you reject changes made to Section 24, the most recent version of Section 24 that you have not rejected will continue to apply.
    14. Severability. If any portion of this Section 24 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable: (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 24 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 24; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction, in accordance with these Terms, and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 24 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 24 will be enforceable.
    15. Except as otherwise provided in this Section 24, if a Claim does not proceed in arbitration, the class-action waiver shall remain in effect, and a court may not preside over any action joining, coordinating, or consolidating the claims of multiple individuals in a single proceeding, except that you and Funko may participate in a class-wide, collective, and/or representative settlement of Claims.
25. GOVERNING LAW
    1. THIS SECTION 25.1 APPLIES FOR CONSUMERS RESIDENT / DOMICILED IN THE USA, CANADA AND MEXICO (ONLY): Any Claims will be governed by and construed and enforced in accordance with the laws of the State of Washington, except to the extent pre-empted by U.S. Federal Law, without regard to conflict of law rules or principles (whether of the State of Washington or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. If any Claim is not subject to arbitration pursuant to Section 24, then the state and federal courts located in King County, Washington, will have exclusive jurisdiction. You and Funko waive any objection to venue in any such courts. If your local law requires that consumer contracts be interpreted subject to local law and enforced in the courts of that jurisdiction, this section may not apply to you only to the extent that local law conflicts with this section.
    2. THIS SECTION 25.2 APPLIES FOR CONSUMERS RESIDENT / DOMICILED IN THE UK AND EU (ONLY):
       1. These Terms (and/or any Supplemental Terms) are governed by the laws of the country that you habitually reside in and your access to and use of the Services, your purchasing of Products, and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims) will be governed by that law.
       2. You may bring any dispute to the competent court of the country that you habitually reside in, which courts are (with the exclusion of any other court) competent to settle any of such a dispute. We shall bring any dispute to the competent court of your country of habitual residence.
       3. If you are a consumer and are resident in the UK or the EU and we direct our Products or Services to (and/or pursue our commercial or professional activities in relation to the Products or Services in) the country in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms (and/or any Supplemental Terms) affects your rights as a consumer to rely on such mandatory provisions of local law.

26. MODIFYING AND TERMINATING OUR PRODUCTS OR SERVICES
    1. We reserve the right to:
       1. modify our Products or Services or to suspend or terminate providing all or part of our Products or Services at any time provided this does not limit your consumer rights, or any existing confirmed order;
       2. change, modify, or waive any fees required to use the Products or Services provided this does not limit your consumer rights, or any existing confirmed order; and
       3. offer opportunities to some or all end users of the Products or Services provided these offers are not exercised in a discriminatory manner.
    2. We may provide you with notice in advance of the suspension or discontinuation of all or part of our Services, such as by sending an email or providing a notice through our Services.

All modifications and additions to the Services will be governed by the Terms or Supplemental Terms, unless otherwise expressly stated by Funko in writing. You also have the right to stop using our Services at any time, and you may terminate these Terms by ceasing use of our Products and Services.

26. 3. Subject to Section 23, we are not responsible for any loss or harm related to your inability to access or use our Products or Services.
27. SEVERABILITY
    1. Except as stated in Section 24.14 (which applies to consumers resident/domiciled in the USA, Canada and Mexico only), if any portion of these Terms is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable:
       1. the unenforceable or unlawful provision will be severed from these Terms;
       2. severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of these Terms; and
       3. the unenforceable or unlawful provision may be revised to the extent required to render the Terms enforceable or valid, and the rights and responsibilities of the parties will be interpreted and enforced accordingly, so as to preserve the Terms and the intent of the Terms to the fullest possible extent.
    2. FOR CONSUMERS DOMICILED / RESIDENT IN GERMANY: Section 27 as a whole does not apply to you.
28. EXPORT CONTROL

THIS SECTION APPLIES TO CONSUMERS RESIDENT / DOMICILED IN THE USA, CANADA AND MEXICO (ONLY) AND DOES NOT APPLY TO CONSUMERS RESIDENT / DOMICILED IN THE UK OR EU.

You are responsible for compliance with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not: (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.

29. MISCELLANEOUS
    1. Funko’s failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision.
    2. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements, and understandings of the parties.
    3. The Section titles in these Terms are for convenience only and have no legal or contractual effect.
    4. Use of the word “including” will be interpreted to mean “including without limitation.”
    5. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.
    6. Communications and transactions between us may be conducted electronically.
30. COMPLAINTS / CONTACT US
    1. If you have a question or complaint regarding the Products or Services, please send an email to [email protected]. Please do not include payment card information or other sensitive information in your email correspondence with us. You may also contact us by:

writing to us in the US at Funko, LLC, Attn: Funko Fan Rewards, 2802 Wetmore Avenue Everett, WA 98201; or writing to us in the UK at Funko UK, 21 Holborn Viaduct, London, United Kingdom, EC1A 2DY.

30. 2. We are neither freely willing nor obliged to participate in EU online dispute resolution / consumer dispute resolution proceedings.
    3. FOR CONSUMERS RESIDENT / DOMICILED IN THE USA (ONLY): Further, under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.
31. ADDITIONAL TERMS APPLICABLE TO MOBILE DEVICES
    1. Our App requires a smartphone or other mobile device running the iOS operating systems (the device you use, the "Device") and, to download the App and to access the latest features, you will need internet access.
    2. You will be assumed to have obtained permission from the owners of any Devices that are controlled, but not owned, by you to download a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the App or the Services on or in relation to any Device, whether or not it is owned by you.

1. 3. The following terms apply if you install, access, or use the Services on any device that contains the iOS mobile operating system (the “iOS App”) developed by Apple Inc. (“Apple”).
   4. Acknowledgement. You acknowledge that these Terms are concluded solely between us, and not with Apple. Funko, not Apple, is solely responsible for this iOS App and the content thereof. You further acknowledge that the usage rules for the iOS App are subject to any additional restrictions set forth in the Usage Rules for the Apple Media Services Terms and Conditions as of the date you download the iOS App, and in the event of any conflict, the Usage Rules in those terms will govern if they are more restrictive. You acknowledge that you have had the opportunity to review the Usage Rules.
   5. Scope of License. The license granted to you is limited to a non-transferable license to use the iOS App on any iPhone, iPod touch, iPad, or any other Apple device that you own or control as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.
   6. Maintenance and Support. You and Funko acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS App.
   7. Warranty. You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the iOS App. In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the iOS App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App. The parties acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of Funko.
   8. Product Claims. You and Funko acknowledge that as between Apple and Funko, Funko, not Apple, is responsible for addressing any claims relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to (i) product liability claims, (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.
   9. Intellectual Property Rights. The parties acknowledge that, in the event of any third-party claim that the iOS App or your possession and use of the iOS App infringe that third party’s intellectual property rights, Funko, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim (to the extent required under these Terms or applicable law).
   10. Developer Name and Address. Any questions, complaints, or claims with respect to the iOS App should be directed to:

Funko, LLC

2802 Wetmore Avenue Everett, WA 98201

[email protected]

1. 11. Third-Party Terms of Agreement. You will comply with any applicable third-party terms when using the Services.
   12. Third-Party Beneficiary. Apple and its subsidiaries are third-party beneficiaries of Section 31 of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this Section 31 of the Terms against you as a third-party beneficiary thereof.