SMS Terms & Conditions
These Funko Text Messaging Program Terms & Conditions (“Text Messaging Terms”) apply to your participation in the text messaging program (the “Program”) operated by Funko, LLC and our affiliates (collectively, “Funko,” “we” or “us”). Your participation in the Program constitutes your express consent to receive automated messages (e.g., SMS and MMS) from Funko at the mobile number you provide, including text messages that may be sent using an automatic telephone dialing system. By signing up for the Program, you agree to these Text Messaging Terms, including the DISPUTE RESOLUTION AND ARBITRATION AGREEMENT contained herein, and our Terms of Service, which are incorporated by reference. If you do not agree to these terms, you must immediately discontinue your participation in the Program by following the cancellation instructions below.
The Program may include recurring and nonrecurring text messages related to promotions, products, events, cart reminders, special offers or other news about Funko and our affiliates. Message frequency will vary. Funko reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Funko also reserves the right to change the short code or phone number from which messages are sent. Consent to receive automated text messages is not a condition of any purchase. Message and data rates may apply.
Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Funko, our service providers and the mobile carriers supported by the Program are not liable for delayed or undelivered messages.
We are able to deliver messages to certain mobile phone carriers, including AT&T, Verizon Wireless, T-Mobile, and Google Voice, . Funko reserves the right to add or remove eligible mobile phone carriers from the Program from time to time.
You may opt out of the Program at any time. Text the keyword STOP, CANCEL, END, QUIT or UNSUBSCRIBE to our shortcode or phone number to cancel your participation in the Program. After texting STOP, CANCEL, END, QUIT or UNSUBSCRIBE to our shortcode, you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not consist of the STOP, CANCEL, END, QUIT or UNSUBSCRIBE keyword commands and agree that Funko and our service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Funko through any other programs you have joined until you separately unsubscribe from those programs.
Help & Customer Care
Text the keyword HELP to our shortcode or phone number or contact [email protected] to receive customer care contact information. If you are experiencing any problems, please contact our customer care team.
If you have any questions or concerns about the Program, please contact us at [email protected].
Dispute Resolution and Arbitration Agreement
For any dispute or claim that you have against Funko, that Funko has against you or that you have, or Funko has, in each case relating in any way to the Program, or any aspect of the relationship between you and Funko as relates to the Program (“Claim”), you and Funko agree to resolve the Claim in accordance with Section 16 of the Terms of Service.
PLEASE READ SECTION 16 OF THE TERMS OF SERVICE CAREFULLY BECAUSE IT REQUIRES YOU AND FUNKO TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE 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. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION AGREEMENT.