FUNKO TERMS OF USE

 Welcome to Funko.  This is the main Funko™ website (www.funko.com)Funko also owns and maintains funko-shop.com and separate-linked webpages for its various product lines, including Mystery Minis®, Collector Corps™, Vinyl Sugar™, Idolz®, Dorbz®, POP!® and others, all of which can be accessed here www.collectorscorps.com, www.vinylsugar.com, www.funko-shop.com, www.smugglersbounty.com, and www.legionofcollectors.com.This site and the various Funko product pages listed at ("Sites") are owned and operated by Funko LLC (“Funko”).  These Terms of Use ("Terms") govern your use of the Sites.  You are not permitted to access and use the Sites except as set forth in these Terms.   By accessing and using the Sites, you accept and agree to be bound by these Terms and the Funko Privacy Policy located at Privacy Policy.  If you do not agree to these Terms and the Funko Privacy Policy, you may not use the Sites.  Funko may periodically modify the Terms without notice.  Changes to the Terms will be effective upon on any of the Sites unless otherwise provided, so we encourage you to check the Terms from time to time.  Your continued access and use of any of the Sites signifies your acceptance of the Terms as modified.

Purchasing Funko Products and Subscriptions

Some of the Sites require you to set up a User Account in order to purchase related Funko products and Subscriptions.  You do not have set up an account to purchase Funko products from www.funko-shop.com, but if you already have an account at one of the Sites, you can use that account to make purchases at www.funko-shop.com.

All purchases from the Sites and from www.funko-shop.com are subject to these Terms and the individual purchase terms and instructions listed on the applicable product page(s).  For example, the purchase terms for Collector Corps subscriptions are at Main Terms, the terms for the Founders Box program are at Main Terms, and the terms for Funko Shop are at www.funko-shop.comBefore making any purchase, you should be sure to read the Terms AND the terms on the Site carefully.

Website User Accounts

In order to make a purchase on the various individual Funko product Sites or access certain areas or services of the Sites, you will be required to register for a Website user account (an “Account”).  During the registration process, 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 Site.  By registering for an Account, you agree to (i) provide accurate, current and complete information about you as may be required during the registration process (“Registration Data”); (ii) maintain the security of your Account password and identification; (iii) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete; (iv) accept all risks of unauthorized access to the Registration Data and any other information you provide to us; and (v) notify us immediately of any unauthorized use of your account or any other breach of security by emailing us at support@funko-shop.com.  You further represent and warrant that (vi) any information that you submit is true and accurate; (vii) you are at least 18 years of age; (viii) you have reviewed these Terms; and (ix) 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 these Terms.  Funko may suspend or terminate your Account at any time, for any reason, and without advance notice at Funko’s sole discretion.

Force Majeure

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 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.

Privacy

Funko respects your privacy.  Please review our Privacy Policy located at Privacy Policy, which explains how we collect, use, and disclose information that pertains to your privacy.  The Privacy Policy is incorporated into and made a part of these Terms, as amended or modified from time to time.

Accuracy

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.

Proprietary Rights

All materials on the Sites, including all products, product descriptions, videos, text, graphics, logos, images, photographs, artwork, derivative works and any other material or information published on or used in connection with the Sites (collectively, the “Site Content”) are the property of Funko or its licensors.  The Site Content is protected by copyright laws and treaties around the world, and all rights in and to the Site Content are expressly reserved.  Any use of the Site Content not permitted under these Terms is strictly forbidden.  If you breach any provision of these Terms or make any use of the Site Content not permitted by these Terms, we may automatically terminate and cancel your authorization to visit the Site and you must, at our sole option, immediately return or destroy any material printed or downloaded from the Site. 

Trademarks

All names, terms, logos, slogans, images and other indicia identifying the Sites or products (collectively, “Marks”) are owned by Funko.  Any use or reproduction of the Site Content or Marks without Funko's express written permission is strictly prohibited.  Third party names, marks, content and products are the property of their respective owners and may not be used or reproduced without written permission of their respective owners.

Limited License; Website Use Restrictions

Subject to the terms and conditions set forth in these Terms, Funko grants you a personal, non-transferable, and non-exclusive limited license to access and use the Sites and to download and print a single copy of the Site Content solely for your personal, non-commercial use, and provided that you do not delete or modify any copyright or other proprietary notices.  Any other copying, use, distribution, publication, transmission or modification of the Site Content or any other property of Funko, whether in electronic or hard copy form, is strictly prohibited.  This prohibition includes, but is not limited to, (i) resale or non-internal use of the Sites or the Site Content (or any portion thereof), unless expressly authorized in writing by Funko; (ii) distribution, public performance, or public display of any Site Content (or any portion thereof); (iii) modification or derivative uses of the Sites or the Site Content (or any portion thereof); (iv) use of 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; (v) violations of the restrictions in any robot exclusion headers on the Sites or circumvention of any other measures used to prevent or limit access to the Sites; (vi) any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (vii) deep-linking to any portion of the Website for any purpose, unless expressly authorized in writing by Funko; (viii) “framing”, “mirroring” or otherwise incorporating any part of the Sites into any other web site, unless expressly authorized in writing by Funko; or (ix) use of the Sites or the Site Content other than for their intended purpose and as expressly permitted by these Terms.  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.

Third Party Links

Where the Sites contain links to other sites and resources provided by third parties, these links are provided for your information only.  We have not performed any check on sites that are linked by or accessible from the Sites and nor are we responsible for how such sites are managed, their content and their availability to use.  We have no control over the content of those sites or the resources available from those sites, and accept no responsibility for them or for any losses or damages that may arise from your use of such sites.  If you decide to access any website by a link from the Sites, you do so exclusively at your own responsibility and risk.

Advertisements and Promotions

We may now or in the future allow advertisers and corporate partners to post content on the Sites and provide links to sites and content of third parties (collectively the “Advertiser Content”) as a service to those interested in this information.  Advertiser Content may be targeted to users based on information they provide through use of the Sites or other information.  We do not control, endorse or adopt any Advertiser Content and we make no representation or warranties of any kind regarding the Advertiser Content.  The types and extent of advertising on the Sites are subject to change.

Infringing Materials; Copyright Complaints

If you believe that anything on the Sites infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below:

Name of Agent Designated to receive notification of claimed infringement: Russell Nickel

Full address of Designated Agent to which notification should be sent: 1202 Shuksan Way, Everett WA 98203

Telephone Number of Designated Agent: 425-783-3616

Facsimile Number of Designated Agent: 425-783-3616

E-Mail Address of Designated Agent: copyright@funko.com

Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages including, but not limited to, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

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 WEBSITE 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 WEBSITE 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 (i) breach of contract, (ii) breach of warranty, (iii) negligence, or (iv) 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.

Applicable Law; Disputes

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Funko concerning your use of the Sites, superseding any prior agreements between you and Funko with respect to the Sites.  These Terms and the relationship between you and Funko shall be subject to the internal laws of the State of Washington without giving effect to its principles on conflict of laws.  By accessing the Sites you irrevocably agree that all disputes will be settled exclusively by the state and federal courts located in Seattle, Washington.

 

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The following terms, together with those at Main Terms apply to Collector Corps subscription purchases.  Please read them carefully.

 Funko offers two (2) types of Collector Corps subscriptions for bi-monthly deliveries (“Boxes”) of hand-picked Marvel apparel, collectibles, and accessories (each a “Subscription”): Prepaid Bimonthly Subscriptions, and prepaid 12-Month Subscriptions.  Funko offers its Collector Corps Subscriptions only to persons over the age of 18.  If you are under 18, you may not purchase a Subscription.  You must provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to purchase a Subscription.  By purchasing a Subscription, you acknowledge that your Subscription has an initial and recurring payment feature, as described in the Subscription FAQ available at https://www.collectorcorps.com/faqs, and you accept all responsibility for all fees and recurring fees, as applicable, prior to cancellation. 

Bimonthly Subscriptions: Bimonthly Subscriptions will be billed at a rate of USD $25.00 per two-month period (per Box), in addition to applicable shipping and handling charges and any applicable taxes, commencing on the date you purchase your Bimonthly Subscription.  Your Bimonthly Subscription will automatically renew every other month unless and until you cancel or we terminate it, and Funko will automatically bill the Bimonthly Subscription fee to your Payment Method on the date two months after (i) your purchase date, or (ii) the last date on which the Bimonthly Subscription fee was billed to your Payment Method, as applicable.  You must cancel your Bimonthly Subscription at least fifteen (15) business days before it automatically renews every other month in order to avoid billing of the fee for the next Box to your Payment Method.  To cancel your Bimonthly Subscription, you must log in to your Account and follow the cancellation procedures, or email us at support@collectorcorps.com.  If you cancel, your Bimonthly Subscription will continue until the end of your then-current Bimonthly Subscription term. 

12-Month Subscriptions: 12-Month Subscriptions will be billed at a rate of USD $150.00 per year (six (6) Boxes), in addition to applicable shipping and handling charges and any applicable taxes, payable in full on the date you purchase your 12-Month Subscription.  Your 12-Month Subscription will automatically renew each year unless and until you cancel or we terminate it, and Funko will automatically bill the 12-Month Subscription fee to your Payment Method on the date one year after the shipment of your first Box following the most-recent billing of the 12-Month Subscription to your Payment Method.  You must cancel your 12-Month Subscription, as described above, on or before the date one month after (i) your purchase date, or (ii) the most-recent billing of the 12-Month Subscription fee to your Payment Method, as applicable. 12-Month subscriptions cannot be cancelled prior to the expiration of the annual subscription.  

Taxes

Your order total fee will include the price of the product(s) purchased, plus any applicable sales tax. Such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the Item(s). We will charge tax only in states where the goods sold over the internet are taxable.

Delivery

Funko shall use good faith efforts to deliver the products to the designated location specified by you at the time of purchase. Title to the Boxes passes from Funko to you upon shipment from Funko’s facility (or, if applicable, the third party manufacturer’s facility).

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Founders/Box Program

The following terms, together with those at Main Terms apply to Founders/Box Program purchases.  Please read them carefully.

All Subscription purchasers who (i) subscribe to Funko’s first Box, shipping on 4/23/2015 (which must be purchased by 5/27/2015, and (ii) purchase a 12-Month Subscription, will be automatically enrolled in Funko’s Founders or Box Program. Founders Program members who do not cancel their 12-Month Subscription will receive a limited-edition Marvel figurine exclusive to Founders of Box Program members on the anniversary of Funko’s first Box and again each annual anniversary thereafter that Funko offers the Program the subscription is current.

The following terms, together with those at Main Terms apply to Smugglers Bounty subscription purchases.  Please read them carefully.

 Funko offers two (2) types of Smugglers Bounty subscriptions for bi-monthly deliveries (“Boxes”) of hand-picked Star Wars apparel, collectibles, and accessories (each a “Subscription”): Prepaid Bimonthly Subscriptions, and prepaid 12-Month Subscriptions.  Funko offers its Smugglers Bounty Subscriptions only to persons over the age of 18.  If you are under 18, you may not purchase a Subscription.  You must provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to purchase a Subscription.  By purchasing a Subscription, you acknowledge that your Subscription has an initial and recurring payment feature, as described in the Subscription FAQ available at https://www.smugglersbounty.com/faqs, and you accept all responsibility for all fees and recurring fees, as applicable, prior to cancellation. 

Bimonthly Subscriptions: Bimonthly Subscriptions will be billed at a rate of USD $25.00 per two-month period (per Box), in addition to applicable shipping and handling charges and any applicable taxes, commencing on the date you purchase your Bimonthly Subscription.  Your Bimonthly Subscription will automatically renew every other month unless and until you cancel or we terminate it, and Funko will automatically bill the Bimonthly Subscription fee to your Payment Method on the date two months after (i) your purchase date, or (ii) the last date on which the Bimonthly Subscription fee was billed to your Payment Method, as applicable.  You must cancel your Bimonthly Subscription at least fifteen (15) business days before it automatically renews every other month in order to avoid billing of the fee for the next Box to your Payment Method.  To cancel your Bimonthly Subscription, you must log in to your Account and follow the cancellation procedures, or email us at support@smugglersbounty.com.  If you cancel, your Bimonthly Subscription will continue until the end of your then-current Bimonthly Subscription term. 

12-Month Subscriptions: 12-Month Subscriptions will be billed at a rate of USD $150.00 per year (six (6) Boxes), in addition to applicable shipping and handling charges and any applicable taxes, payable in full on the date you purchase your 12-Month Subscription.  Your 12-Month Subscription will automatically renew each year unless and until you cancel or we terminate it, and Funko will automatically bill the 12-Month Subscription fee to your Payment Method on the date one year after the shipment of your first Box following the most-recent billing of the 12-Month Subscription to your Payment Method.  You must cancel your 12-Month Subscription, as described above, on or before the date one month after (i) your purchase date, or (ii) the most-recent billing of the 12-Month Subscription fee to your Payment Method, as applicable. 12-Month subscriptions cannot be cancelled prior to the expiration of the annual subscription.  

Taxes

Your order total fee will include the price of the product(s) purchased, plus any applicable sales tax. Such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the Item(s). We will charge tax only in states where the goods sold over the internet are taxable.

Delivery

Funko shall use good faith efforts to deliver the products to the designated location specified by you at the time of purchase. Title to the Boxes passes from Funko to you upon shipment from Funko’s facility (or, if applicable, the third party manufacturer’s facility).

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Boss/Box Program

The following terms, together with those at Main Terms apply to Boss/Box Program purchases.  Please read them carefully.

All Subscription purchasers who (i) subscribe to Funko’s first Box, shipping on 11/15/2015 (which must be purchased by 11/12/2015), and (ii) purchase a 12-Month Subscription, will be automatically enrolled in Funko’s Boss or Box Program. Boss Program members who do not cancel their 12-Month Subscription will receive a limited-edition Star Wars figurine exclusive to Boss of Box Program members on the anniversary of Funko’s first Box and again each annual anniversary thereafter that Funko offers the Program the subscription is current.

The following terms, together with those at Main Terms apply to DC Legion of Collectors subscription purchases.  Please read them carefully.

 Funko offers two (2) types of DC Legion of Collectors subscriptions for bi-monthly deliveries (“Boxes”) of hand-picked Star Wars apparel, collectibles, and accessories (each a “Subscription”): Prepaid Bimonthly Subscriptions, and prepaid 12-Month Subscriptions.  Funko offers its DC Legion of Collectors Subscriptions only to persons over the age of 18.  If you are under 18, you may not purchase a Subscription.  You must provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to purchase a Subscription.  By purchasing a Subscription, you acknowledge that your Subscription has an initial and recurring payment feature, as described in the Subscription FAQ available at https://www.dclegionofcollectors.com/faqs, and you accept all responsibility for all fees and recurring fees, as applicable, prior to cancellation. 

Bimonthly Subscriptions: Bimonthly Subscriptions will be billed at a rate of USD $25.00 per two-month period (per Box), in addition to applicable shipping and handling charges and any applicable taxes, commencing on the date you purchase your Bimonthly Subscription.  Your Bimonthly Subscription will automatically renew every other month unless and until you cancel or we terminate it, and Funko will automatically bill the Bimonthly Subscription fee to your Payment Method on the date two months after (i) your purchase date, or (ii) the last date on which the Bimonthly Subscription fee was billed to your Payment Method, as applicable.  You must cancel your Bimonthly Subscription at least fifteen (15) business days before it automatically renews every other month in order to avoid billing of the fee for the next Box to your Payment Method.  To cancel your Bimonthly Subscription, you must log in to your Account and follow the cancellation procedures, or email us at support@dclegionofcollectors.com.  If you cancel, your Bimonthly Subscription will continue until the end of your then-current Bimonthly Subscription term. 

12-Month Subscriptions: 12-Month Subscriptions will be billed at a rate of USD $150.00 per year (six (6) Boxes), in addition to applicable shipping and handling charges and any applicable taxes, payable in full on the date you purchase your 12-Month Subscription.  Your 12-Month Subscription will automatically renew each year unless and until you cancel or we terminate it, and Funko will automatically bill the 12-Month Subscription fee to your Payment Method on the date one year after the shipment of your first Box following the most-recent billing of the 12-Month Subscription to your Payment Method.  You must cancel your 12-Month Subscription, as described above, on or before the date one month after (i) your purchase date, or (ii) the most-recent billing of the 12-Month Subscription fee to your Payment Method, as applicable. 12-Month subscriptions cannot be cancelled prior to the expiration of the annual subscription.  

Taxes

Your order total fee will include the price of the product(s) purchased, plus any applicable sales tax. Such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the Item(s). We will charge tax only in states where the goods sold over the internet are taxable.

Delivery

Funko shall use good faith efforts to deliver the products to the designated location specified by you at the time of purchase. Title to the Boxes passes from Funko to you upon shipment from Funko’s facility (or, if applicable, the third party manufacturer’s facility).

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Hero/Box Program

The following terms, together with those at Main Terms apply to Hero/Box Program purchases.  Please read them carefully.

All Subscription purchasers who (i) subscribe to Funko’s first Box, shipping on 3/1/2016 (which must be purchased by 3/1/2016), and (ii) purchase a 12-Month Subscription, will be automatically enrolled in Funko’s Hero or Box Program. Hero Program members who do not cancel their 12-Month Subscription will receive a limited-edition DC figurine exclusive to Hero’s of Box Program members on the anniversary of Funko’s first Box and again each annual anniversary thereafter that Funko offers the Program the subscription is current.