Funko may periodically modify the Terms without notice. Changes to the Terms will be effective (a) 30 days after we provide you with email notice of the changes or (b) the date on which they are posted on the Sites. If you do not agree to any change to the Terms, you must cease use of the Sites. Your continued access and use of any of the Sites signifies your acceptance of the Terms as modified.
Funko may terminate your use of the Sites and its contract with you if you do not comply with these Terms.
ANY DISPUTE BETWEEN YOU AND FUNKO MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION, AS MORE FULLY DESCRIBED BELOW.
Funko Products and Services
The Sites provide you with the ability to access various Funko products, content and services, including Funko collectibles, software, games and customized products. From the Sites you can subscribe to Funko collector boxes, learn about upcoming Funko events and promotions, share information with other Funko fans, and manage your Funko collections. You can also check out Funko's subscription boxes like Disney Treasures, Smugglers Bounty, Legion of Collectors and Collector Corps. All of the products, content and services accessible through the Sites are for your personal, non-commercial use only and your access to and use of them are subject to these Terms.
Some of the features of the Sites require you to create a user profile or user account and some require you to pay a subscription or other fee. Funko will notify you when this is required. In addition, when you access the Sites through a mobile network, your mobile network provider's messaging, data and other fees may apply.
Third Party Products/Services and Websites
In addition to Funko products, the Sites may provide you with the ability to access products, content, and services offered by or maintained by third parties. In some cases these may be accessible directly through the Sites. In others, access may be via links from the Sites to third party websites. Regardless, Funko is not responsible for the products, content or services available from third parties - even if they are provided through the Sites - or for how third party sites are managed or the terms applicable to your use of them. Your access to and use of these third party materials and websites is governed by the terms established by their owners/operators. You are responsible for reading those terms before you access or use the third party products or websites. Funko accepts no responsibility for any third party materials or websites or for any losses or damages that may arise from your use of them. If you decide to access or use any third party materials or websites, you do so exclusively at your own responsibility and risk and you waive and release Funko from all claims associated with them.
Proprietary Rights and License
All of the products, content and services available through the Sites are protected by copyright owned by Funko or its licensors or licensees. This includes all products, product descriptions, videos, text, graphics, logos, images, photographs, artwork, derivative works, software, and any other material or information published on or used in connection with the Sites (collectively, the “Site Content”). Similarly all trademarks, service marks, trade names, trade dress and other indicia identifying the Sites, Funko or the products or services available through the Sites ("Marks") are owned by Funko or it licensors or licensees. You do not obtain any rights in any of the products, content, or services available on the Sites or other Site Content or the Marks by your use of the Sites or otherwise. However, so long as you comply with these Terms, you do receive a limited license to use them as provided below. All rights in the products, content or services and other Site Content and Marks are reserved to their respective owners.
Subject to these Terms, Funko grants you a personal, non-transferable, and non-exclusive limited license to access and use the Sites for your own personal, non-commercial use. This license includes the right to (a) copy and download materials from the Sites as needed for you to view them through your browser and (b) print screen shots of products, product descriptions, and similar materials for your personal reference use, provided you do not delete or modify any copyright or other proprietary notices. Funko may terminate this license upon notice to you, in which case you must cease all use of the licensed materials. Except as otherwise expressly permitted, you are not permitted to make any other use of the Sites or the Site Content.
In addition to the above license, some products, content and services may have their own license terms. For example, videos, software, and games will all have their own license terms which are in addition to these Terms.
As above, the license granted to you by Funko is limited. It is also subject to certain restrictions. Unless Funko give you express written authority, you may not (a) resell any of the products, content or services or any other Site Content (or any portion thereof) on the Sites; (b) distribute, publicly perform, or publicly display any of the above; or (c) modify or make any derivative uses of the Sites or the Site Content (or any portion thereof).
In addition, under no case are you permitted to:
- use any data mining, scraper, spider robots, or similar data gathering or extraction methods to access, monitor, or copy any Site Content or other content or information used by the Sites;
- violate the restrictions in any robot exclusion headers on the Sites or circumvent any other measures used to prevent or limit access to the Sites;
- take any action that imposes, or may impose, in Funko's sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- engage in deep-linking to any portion of the Sites for any purpose;
- “frame”, “mirror” or otherwise incorporate any part of the Sites into any other web site;
- use the Sites or the Site Content other than for their intended purpose;
- post content to the Sites in violation of the Terms; or
- violate any of the Community Guidelines;
Any use of the Sites or Site Content other than as expressly permitted by these Terms will constitute a violation of the Terms and may constitute infringement of Funko’s intellectual property and other proprietary rights and a violation of applicable law.
Creating an Account
Funko offers a variety of products, content and services through the Sites. Some of these are available without charge and others require you to pay a fee. Funko will notify you in advance if a fee is required.
However, many of the features available through the Sites require you to set up an account ("User Account") to access them. If you already have a Funko User Account, you may be able to use that rather than create new account. When you set up a User Account, you will be asked to provide certain information about yourself, including your name, email address, and other information. You will also be asked to select a unique password for your Account, and you agree that you are solely responsible for maintaining the confidentiality of the password. You may use your Account to update, revise or delete your Registration Data (as defined below); purchase products; and otherwise manage your orders and use of and interaction with the Sites. By registering for an Account, you agree (a) to provide accurate and current information about you as may be required during the registration process (“Registration Data”); (b) not to impersonate or misrepresent your affiliation with any person or entity or use another person's username, password or other account information, or provide false details for a parent or guardian; (c) to maintain the security of your Account password and identification; (d) to maintain and promptly update the Registration Data, and any other information you provide to Funko, to keep it accurate and current; (d) to accept all risks of unauthorized access to the Registration Data and any other information you provide to Funko; and (e) to notify Funko immediately of any unauthorized use of your account or any other breach of security by emailing us at firstname.lastname@example.org.
By setting up an Account, you represent and warrant that:
- all the information you submit for your Account is true and accurate;
- you are at least 18 years of age;
- you have reviewed these Terms; and
- you are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms, and to abide and comply with them.
Funko may suspend or terminate your Account at any time, for any reason, and without advance notice at Funko’s sole discretion and without any liability to you. If Funko suspends or terminates your Account or this agreement, you understand and agree that (except as otherwise expressly provided) you shall receive no refund or exchange for any unused subscription, any license or subscription fees, any content or data associated with your Account, or for anything else.
Purchasing Funko Products
Some of the Sites require you to set up a User Account in order to purchase related Funko products and Subscriptions.
All purchases from the Sites and from funko.com are subject to these Terms, including Funko's policies for cancellations, replacements, subscriptions and auto-renewal, shipping, pricing, and payments all of which are located at: Funko.com/terms. In addition, some purchases are subject to individual purchase terms and instructions, which are listed on the applicable product page(s). For example, the purchase terms for Collector Corps subscriptions are at collectorcorps.com/terms-conditions, the terms for Funko Shop are at funko-shop.com, and the terms for Funko's Disney Treasures are at Disneytreasures.funko.com. Before making any purchase, you should be sure to read the Terms AND the terms on the Site carefully. In the event of a conflict between the general purchase terms here and the individual purchase terms, the individual purchase terms will govern.
Funko attempts to ensure that the content, product descriptions, prices, and other information on the Sites are as accurate as possible. However, Funko does not warrant or guarantee that any information on the Sites is accurate, complete, or error-free, and Funko undertakes no commitment or obligation to update any content, product descriptions, or other information on the Sites. Funko may at any time change the contents, product descriptions, or other information on the Sites, and/or any aspect of the Sites, without prior notice. Funko also reserves the right to limit quantities of any Funko product or service purchased by any individual customer, and to revise, suspend, or terminate any special event, promotion, or special offer at any time and without advance notice, at Funko’s sole discretion.
As to products and services that may be featured on the Sites, Funko makes every effort to display as accurately as possible such products and services. However, the colors, dimensions, and details that you see on your computer monitor may vary depending on your equipment. Funko cannot guarantee that your equipment will accurately display the details of our products and services.
By purchasing products, content or services through the Sites, you agree to comply with all of the Terms. You also represent that you are 18 years of age or older. If a purchase is made by a minor, Funko is under no obligation to offer a refund but may do so at its discretion.
- Digital Content and Virtual Items
Some of the Sites make available digital content for download (www.funko.com/mymoji) as well as virtual items (Avatars, Badges, etc.) for use within the Sites. When you purchase these items you are purchasing a limited access license to use them. This license gives you the right to download the content (or, in the case of virtual items, to access and use them within the Sites) for your personal, non-commercial, use only and the license is not transferrable. The charge for the license may be in the form of a one-time license fee or it may be a recurring fee, depending on the item. Funko will advise you of the specific purchase terms before you complete the license purchase. Digital content may require specific software or hardware in order for you to use it and these requirements are noted on the Sites in connection with those products. You are responsible for ensuring that you meet these software and hardware requirements. Digital content and virtual items may not be returned or refunded and virtual items, may only be used within the Sites, and we may modify or discontinue them at any time.
Funko may make software and mobile apps available for purchase from the Sites or via links to app stores such as iTunes and Google Play. Like digital content, software and mobile apps are licensed, not sold, and may be available without purchase, for a one-time fee, or a recurring fee. Funko will advise you of the specific terms of the license and any fees prior to purchase. If software is provided to you on physical media, you will own the media on which it is provided, but Funko retains all intellectual property rights in the software itself. You are responsible for confirming that the device on which you will install software meets the software and hardware requirements necessary for you to use the software.
You can also purchase Funko collectible items from the Sites. When you purchase these items, Funko ships them to you according to Funko's payment, shipping and return policies. Unlike digital content and software, when you purchase Funko collectibles, you own the physical item. But, like software and other products for which you may purchase a license, you do not obtain any rights in any of the intellectual property embodied in these items. Funko retains all copyright, trademark, trade dress and other rights in them and your use of them is subject to Funko's retained rights.
Funko also offers a variety of subscriptions for Funko products. These include: Disney Treasures, Smugglers Bounty, Legion of Collectors and Collector Corps. For a complete listing of Funko subscriptions, visit funko.com.
The terms for each subscription are different and Funko may change them without prior notice. Some of the subscriptions may be made available on a free-trial basis and others not. Similarly, some may be available for monthly, bi-monthly, quarterly, semi-annual or annual subscription fees. Funko will advise you of the terms applicable to each subscription prior to purchase.
Each of your Funko subscriptions will automatically renew unless you modify your settings after purchase. By signing up for a subscription, you agree that Funko may charge your payment method on a periodic basis as set forth at the time of your initial subscription. These charges and your subscription will continue until you cancel or modify your subscription. The renewal fee will be the same as that charged for the immediately prior renewal period, unless Funko notifies you of a rate change prior to your auto-renewal or if a coupon was used during initial sign-up. You may cancel a subscription by sending an email requesting cancellation to email@example.com or by visiting your "My Subscription" page for your subscription and modifying your preferences. Funko will cancel your subscription within 24 hours of our receipt of your request, at which time you will no longer receive the benefit of the subscription.
Social and Community Features
Funko may offer various community features on the Sites, such as message or bulletin boards, forums, and chat rooms. Access to these features may be subject to age restrictions. Unless otherwise expressly stated by Funko, we will not assume any obligation to monitor, filter, censor, edit, or regulate information or content provided by you or third parties through these social features, although Funko reserves the right to do so in its sole discretion. Funko does not endorse, warrant the accuracy or reliability of, or assume any liability in connection with any such information or content provided by users or other third parties.
As to any information or content that you submit or post to the Sites, you represent and warrant that you have the right and authorization to do so without the need for additional permissions or consent of any third party. In addition to any other rules, guidelines or regulations that we may post in connection with a particular service or feature, you agree that you shall not do any of the following in or through the Sites:
- Upload, post, transmit (via e-mail, e-card, chat or otherwise), or otherwise make available any content, language or materials that are fraudulent, unlawful, defamatory, obscene, pornographic, vulgar, offensive, profane, sexually explicit, indecent, threatening, abusive, violent, illegal, rude, harassing, or otherwise improper, or that violates any applicable domestic or international law, or government regulation (including, without limitation, those of any state, foreign country, securities exchange, the S.E.C., and the F.C.C.) or that contains software viruses, worms, or any other computer code or portions of code, programs, or files designed to interfere with, interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications or other equipment or to cause a security breach of such software, hardware, or other equipment;
- Upload, post, transmit (via e-mail, e-card, chat or otherwise), or otherwise make available any unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes, or any other form of commercial or political solicitation, except in those areas of the Sites that Funko may expressly designate for such purposes;
- Engage in or run raffles, lotteries, contests, sweepstakes, or chain letters or other pyramid schemes;
- Disguise the origin of any content uploaded to, posted on, transmitted, or otherwise made available on or through the Sites, including, without limitation, by forging headers, providing inaccurate intellectual property notices, or otherwise manipulating identifiers;
- Modify, obscure, or eliminate the Funko frame set, banner advertising, or any other content or information that originates from the Sites;
- Promote, encourage or provide instructions or information about how to engage in illegal conduct or commit illegal activities, promote physical harm or bodily injury, or promote any illegal act of cruelty to animals;
- Collect or harvest screen names, collect or store personal data about other users, or solicit or attempt to discover a user's password, screen name, or other registration information without the user's express knowledge and consent;
- Interfere with or disrupt the Sites or any services or features thereon, or servers or networks connected to the Sites, or violate any requirements, policies, regulations, or procedures of networks connected to the Sites
- Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Sites are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- Provide links to websites, networks, content, or resources that themselves violate the letter or spirit of the Terms, or promote the violation of these Terms or make available tools or information whose primary use constitutes a violation of the letter or spirit of these Terms;
- Use your web pages or other personal features or areas of the Sites as storage for remote loading or as a door or signpost to another web page, whether inside or outside the Sites; or
- Interfere with the operation or design of any elements that Funko may add to users' pages or other personal features or areas of the Sites, including, without limitation, toolbars, advertising banners, watermarks, logos, or other messages of any kind.
Funko reserves the right, in its sole discretion, to adopt and post additional rules in any social or community area and to condition access to any such community features by any individual or group in accordance with age, geographic, or other criteria, to deny or restrict access by any individual or group who fails to meet that criteria or by anyone who fails to comply with our criteria or rules at any time, and to change or modify the criteria or rules at any time. Funko also reserves the right (but does not assume any obligation), in its sole discretion, to delete any postings, messages or other content on the Sites that violate these Terms and to deny access by any user to the Sites.
NOTICE: The information and content you submit through a social feature, such as a chat service, may be recorded and stored in multiple places, both on the Sites and elsewhere on the Internet, which are likely to be accessible for a long time, and you have no control over who will read them. If you elect to participate in a feature that enables you to correspond with other participants of the service, some of your account information and other materials that you provide, such as your username, may be shared with other participants. You alone are responsible for the content and consequences of any of your messages or other materials submitted to the Sites or through these social features. Because of the anonymity provided by usernames, you may not know at all times with whom you are interacting through these features. It is therefore important that you are careful and selective about the information that you disclose about yourself and others, and in particular, you should not disclose any sensitive, personal, proprietary or confidential information in your messages, comments or posts to Funko's public or community features. ALSO, WHEN USING SUCH FEATURES, DO NOT DISCLOSE YOUR PERSONAL INFORMATION (SUCH AS YOUR REAL NAME, PHONE NUMBER, ADDRESS OR OTHER INFORMATION THAT WOULD ENABLE OTHERS TO IDENTIFY OR LOCATE YOU, EITHER ONLINE OR OFFLINE).
While using the social and community features on the Sites, you may be exposed to content of other users with which you may disagree or that you may find offensive, indecent, or objectionable, or that is inaccurate, misleading, or illegal. You expressly assume and agree to bear any and all risks associated with the use of any such content and your exposure to any such content, including any reliance by you on the accuracy, integrity, usefulness, or completeness of such content. Funko will not be liable, and disclaims all liability, in connection with any harm, loss, or damages of any amount or type arising from your access to, or use of, the services or any content posted to, downloaded from, or otherwise made available through the Sites, whether that content is posted to, downloaded from, or otherwise made available through the Sites by Funko, you, another user, or any other third party.
Funko encourages you to report any suspected violations of these Terms or any other additional rules posted in connection with such activity or service, in particular as they relate to inappropriate behavior or activity in our chat services and other community features. You may contact Funko to report violations at firstname.lastname@example.org.
Funko reserves the right, but not the obligation, to investigate and take appropriate legal action in its sole discretion against anyone who it believes violates these Terms, including without limitation, removing the offending communication in whole or in part from the Sites, suspending or terminating the membership of such violators and/or suspending or terminating their right to use and access the Sites.
User Generated Content
Funko may allow you to submit, upload or otherwise make available text, images, audio, video, competition entries or other content (“User Generated Content”) through the Sites. All submissions must comply with the rules above for Social and Community Features.
Funko does not claim ownership to your User Generated Content; however, you grant Funko a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with third-party sites and platforms such as Facebook, YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.
You represent and warrant that your User Generated Content conforms to these Terms and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your User Generated Content in all manners contemplated by these terms. You agree to indemnify and hold Funko and our subsidiary and affiliated companies, and each of their respective employees and officers, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party arising out of or in connection with our use and exploitation of your User Generated Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.
To the extent that we authorize you to create, post, upload, distribute, publicly display or publicly perform User Generated Content that requires the use of Funko copyrighted works, Funko grants you a non-exclusive license to create a derivative work using our copyrighted works as required for the purpose of creating the materials, provided that such license shall be conditioned upon your assignment to Funko of all rights in the work you create. If such rights are not assigned to Funko, your license to create derivative works using our copyrighted works shall be null and void.
Communications with Funko
Funko likes to hear from you. However, in your communications with Funko, please keep in mind that, unless we specifically request them, Funko does not solicit or wish to receive any confidential, secret or proprietary information or other material from you through the Sites, by e-mail or in any other way, and Funko does not accept or consider any ideas or suggestions relating to products, services, marketing plans, or any other matters.
Any such submissions, materials, content, information, creative works, demos, ideas, questions, comments, answers, suggestions, concepts, methods, systems, designs, plans, techniques or the like submitted to Funko via the Sites, mail, e-mail or otherwise, or transmitted, posted, or uploaded by you to the Sites (collectively, "Your Submissions") will be treated as non-confidential and nonproprietary, and Funko will not assume any responsibility, obligation, or liability for them or for Funko's receipt or non-receipt of them. Funko may delete or destroy Your Submissions at any time. Funko's receipt of Your Submissions is not an admission by Funko of their novelty, priority, or originality, and it does not impair Funko's right to contest existing or future intellectual property rights relating to Your Submissions.
By submitting or sending Your Submissions to Funko, you grant Funko a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and fully transferable, assignable and sublicensable right and license to copy, reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, and otherwise use or exploit Your Submissions throughout the world in any and all media. You represent and warrant that: (a) you have the right and authorization to make the foregoing grant without the consent of any third party, and (b) Your Submissions are accurate and, as permitted to be used by Funko under these Terms, do not and will not infringe any right of any third party.
By creating a User Account or sending e-mail to Funko, you consent to receive email communications from us. Furthermore, you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via the Sites or otherwise, satisfy any legal requirement that such communications be in writing.
Funko reserves the right, without any limitation whatsoever, to: (a) investigate any suspected breaches of security for the Sites or its information technology or other systems or networks, (b) investigate any suspected breaches of these Terms or violations of any additional terms, conditions and rules posted in connection with a particular service or feature on the Sites, (c) involve and cooperate with law enforcement authorities in investigating any such matters, (d) prosecute violators of these Terms to the full extent of the law, (e) delete or modify any content on the Sites, including any materials or items you may have acquired through your use of the Sites, and (f) discontinue any of the Sites or terminate your access to them at any time, without notice, for any reason and without any obligation to you whatsoever.
Funko has adopted reasonable security measures to protect against the loss, misuse, and alteration of the personal information under our control. We use Secure Sockets Layer technology to protect highly sensitive information such as credit card data during transmission, and adopt careful internal procedures to safeguard this information in our system. Nevertheless, we cannot guarantee complete security of personal information.
Notice to International Visitors
The Sites and the servers that make them available are located in the United States of America. If you reside in another country, these Terms may conflict with the laws of your country. In the event of such a conflict, these Terms will govern to the extent that they are valid and enforceable under applicable United States laws.
Funko makes no representation that the Sites are appropriate or available for use beyond the United States of America. If you use the Sites from other locations, you are responsible for compliance with applicable local laws. Although Funko products and services are available in many parts of the world, the Sites may describe products and services that are available only in the United States of America and are not available worldwide.
Banners, Advertisements and Promotions
Funko reserves the right to post banners, advertisements, promotions, and similar content throughout the Sites. Funko may also allow advertisers and corporate partners to post content on the Sites. This content may be targeted to users based on information they provide through use of the Sites or other information. Funko does not control, endorse or adopt any such activity and we make no representation or warranties of any kind regarding it. Any interactions, correspondence, and business dealings that you have with any advertisers and other third parties found on or through the Sites (including via the linked third-party sites) are solely between you and the third party (including, without limitation, issues related to the content of third party advertisements, payments, delivery of goods, warranties, and the like). Funko disclaims all liability in connection with them.
Links to Other Sites
Contests and Promotions
Competitions that you enter through the Sites may have supplemental rules and conditions, but the following general rules apply unless otherwise provided.
Your competition entry is User Generated Content and subject to all provisions of these Terms. Funko may disqualify entries that are late, misdirected, incomplete, corrupted, lost, illegible or invalid or where appropriate parental consent was not provided. Competition entries are limited to one per person and entries via agents or third parties or the use of multiple identities are not permitted. Use of automated entries, votes or other programs is prohibited and all such entries (or votes) will be disqualified.
Funko reserves the right to modify, suspend, cancel or terminate a competition or extend or resume the entry period or disqualify any participant or entry at any time without giving advance notice.
To enter a competition, you must have a valid User Account with current contact information. No purchase is necessary to enter a competition and a purchase will not improve your chances of winning. Competitions are not open to our employees (or their immediate families) or anyone else professionally associated with the competition. If you are under age 18 (or the age of majority under applicable law) and the competition is open to you, we may need your parent or guardian’s consent before we can accept your entry. Funko reserves the right to request proof of identity or to verify eligibility conditions and potential winning entries, and to award any prize to a winner in person. Competitions are void where prohibited or restricted by law. Potential winners who are residents in jurisdictions where competitions require an element of skill may be required to answer a mathematical test in order to be eligible to win a prize.
No cash or alternative prizes are available, except that Funko reserves the right to substitute a similar prize of equal or greater value. Prizes cannot be transferred or sold by winners. All prizes will be awarded provided a sufficient number of eligible entries are received and prizes are validly claimed by the date provided. Unless otherwise disclosed in the prize description prior to entry, winners are responsible for all costs and expenses associated with claiming a prize. All taxes are solely the responsibility of each winner, although we reserve the right to withhold applicable taxes and each winner agrees to complete any required tax forms.
Your acceptance of a prize constitutes agreement to participate in reasonable publicity related to the competition and grants Funko an unconditional right to us to use your name, town or city and state, province or country, likeness, prize information and statements by you about the competition for publicity, advertising and promotional purposes and to comply with applicable law and regulations, all without additional permission or compensation. As a condition of receiving a prize, winners (or their parents or guardians) may be required to sign and return an affidavit of eligibility, liability release and publicity release.
Funko will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act ("DMCA"), as set forth below. If you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper posting or distribution of it via the Sites, then send Funko a written notice that includes all of the following:
- a legend or subject line that says: "DMCA Copyright Infringement Notice";
- a description of the copyrighted work that you claim has been infringed;
- the URL of the site and a description of where the material that you claim is infringing is located on that site;
- your address, telephone number, and e-mail address;
- a statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and,
- your electronic or physical signature.
Funko will only receive DMCA notices by mail, e-mail, or facsimile directed to Funko's Designated Agent at the addresses below:
Attention: Legal Department
1202 Shuksan Way
Everett, WA 98203
By E-Mail: email@example.com
Funko may elect to not respond to DMCA notices that do not comply with all of the foregoing requirements, and Funko may elect to remove allegedly infringing material that comes to its attention via notices that do not comply with the above.
Warranty Disclaimers and Waiver
THE SITES, AND ALL SITE CONTENT, FUNKO PRODUCTS AND SERVICES, AND OTHER MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR MADE AVAILABLE IN CONNECTION WITH THE SITES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. FUNKO EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. FUNKO ALSO DISCLAIMS ANY WARRANTIES REGARDING THE ACCURACY, SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY, COMPATIBILITY, AND PERFORMANCE OF THE SITES AND INFORMATION THEREON. FUNKO FURTHER DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH ANY CONTENT ON THE SITES. FINALLY, FUNKO DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITES OR IN CONNECTION WITH THE SITES OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITES.
YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST FUNKO, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS WITH RESPECT TO THE SITES, ANY CONTENT ON THE SITES, AND ANY FUNKO PRODUCTS AND/OR SERVICES, AS WELL AS ANY CONTENT YOU PROVIDE TO THIRD PARTIES (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION).
Limitation of Liability
Funko will not be liable under any theory of law, for any and all damages, claims, or causes (such as, but not limited to, punitive damages, breach of contract damages, loss of profits, business interruption, loss of information or data, or costs of replacement goods) arising out of or relating to your use or inability to use the Sites or resulting from use of or reliance on the information present, even if Funko may have been advised of the possibility of such damages. If you are dissatisfied with the Sites, you do not agree with any part of these Terms, or you have any other dispute or claim with or against Funko with respect to these Terms or the Sites, then your sole and exclusive remedy is to discontinue using the Sites. The exclusion of damages under this section is independent of your exclusive remedy and survives in the event such remedy fails of its essential purpose or is otherwise deemed unenforceable. These limitations and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. In any event, Funko’s aggregate liability shall not exceed USD $100.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
Without limiting any provision in the previous section, Funko shall not be liable or be deemed to be in breach of these Terms for any failure to perform, or delay in performing, any of Funko’s obligations in relation to the subscription boxes or other Funko products if the delay or failure was due to any cause beyond Funko’s reasonable control. Causes beyond Funko’s reasonable control shall include, but not be limited to, acts of God, flood, explosion, natural catastrophe, storms, fire or accident; war or threat of war, blockade, sabotage, insurrection, terrorism, riot or civil disturbance; acts, restrictions, regulations, laws, prohibitions or measures of any kind on the part of any governmental, international, federal, state or local authority; import or export regulations or embargoes; strikes or other industrial actions or trade disputes (whether involving employees of Funko or a third party); problems in obtaining raw materials, labor, transportation, fuel, parts or machinery; and power failure or breakdown in machinery, including computer or other equipment failure. In the event of any such default or delay, the date for performance shall be extended for a period equal to the period during which such aforesaid cause, circumstance or contingency remains in effect.
You agree to indemnify, defend and hold Funko, its officers, directors, employees, agents, licensors and suppliers harmless from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and costs, resulting from any violation of these Terms or any activity related to use of the Sites by anyone using your User Account or password.
Binding Arbitration; Class Action Waiver
Except for matters relating to the enforcement of Funko's intellectual property rights, all disputes, controversies, or claims arising out of or relating in any way to the Sites, your participation in any of the features available through them and/or your purchase of any products, content or services shall be finally resolved by as provided below. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE WITH FUNKO BEFORE A JUDGE OR JURY. The arbitral tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of this agreement to arbitrate. You and Funko agree to arbitrate solely on an individual basis and expressly waive the ability to participate in a class or representative proceeding, including any class arbitration or representative arbitration proceedings. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the agreement to arbitrate will remain in force. To the extent that you or Funko opts out of arbitration following the procedure set forth below, or if this arbitration agreement is found inapplicable to a dispute between us, you and Funko expressly waive the ability to participate in any class or representative litigation.
If a dispute arises that is subject to arbitration, you must give Funko written notice and an opportunity to resolve it. Your notice must include your name, your address, a written description of the dispute, and a specific description of the relief you are seeking. If Funko does not resolve our dispute within forty-five (45) days after receiving your notice, you may pursue arbitration as below by sending a written demand for arbitration to Funko at the address set forth above in "Copyright Claims."
Any dispute or claim that is subject to arbitration but is not resolved by the pre-arbitration dispute process, shall be submitted to binding arbitration. The disputes and claims subject to arbitration will be resolved by a single arbitrator mutually agreed upon by you and Funko. If we cannot agree on an arbitrator, then an arbitrator shall be selected pursuant to Rule 12 of the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator shall be bound by and shall strictly enforce these Terms and any other applicable agreement between us, and may not limit, expand, or otherwise modify any such terms. The arbitrator may award any relief that a court of law could, applying the limitations of liability contained in these Terms. The arbitrator may award injunctive relief if permitted by law – but the injunctive relief awarded by the arbitrator may not extend beyond our dealings with one another. Any arbitration will be held in Seattle, Washington, unless otherwise agreed upon by you and Funko in writing. You and Funko will each bear its own expenses in the arbitration and will share equally the costs of the arbitration; provided, however, that the arbitrator shall award costs and fees to the prevailing party if it is determined that the other party submitted a claim with no reasonable basis or filed any claim in bad faith
You may opt out of the agreement to arbitrate by providing written notice of your intention to do so to Funko at the address above no later than 60 days after initial acceptance of these Terms. The procedure spelled out herein is the only way to opt out of arbitration, and any attempts to opt out after the deadline set forth herein will be ineffective. Notwithstanding your decision to opt out of arbitration, you still waive the ability to participate in any class or representative litigation.
Because the Sites and these Terms concern interstate commerce, the Federal Arbitration Act governs the interpretation and enforcement of the arbitration rules (notwithstanding the application of Washington law to any underlying claims as provided above). You agree the arbitration and other provisions of this section "Binding Arbitration; Class Action Waiver" survives any termination of these Terms.
The Terms shall survive termination of your agreement with Funko. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Last updated: March 13, 2017