FUNimation Channel Shop Site Terms of Use

Welcome to funimation.tv (the “Site”). FUNimation Channel, LLC and/or its affiliates provide website features to you subject to the following conditions. If you visit or shop at funimation.tv/shop, you accept these conditions. Please read them carefully. In addition, when you use any current or future service or business via a link from the Site, i.e. Pay Pal, you also will be subject to the guidelines, terms and agreements ("Third Party Terms") applicable to such service or business. If these conditions are inconsistent with such Third Party Terms, the Third Party Terms will control.

By using this site, and any of its affiliated sites and/or subdomains, you agree to our Conditions of Use and Policies, including our Privacy Policy, as each are posted on this site.

FUNimation Channel, LLC grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of FUNimation Channel, LLC. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

FUNimation Channel, LLC reserves the right, at its sole discretion, to change, modify, alter or update the Conditions of Use and Polices, in part or in whole, at any time. Your use and/or continued use of FUNimation.tv and/or its affiliated sites and/or subdomains after notice of such modifications, alterations or updates, shall indicate your consent and agreement to be bound by the revised terms.

If you have any questions regarding the Conditions of Use and Policies stated herein for this site, please contact our Customer Service Department by e-mail (shop@funimation.tv) or mail:

FUNimation Channel, LLC.
Customer Service
560 Village Boulevard, Suite 250
West Palm Beach, Florida 33409

Use of FUNimation Channel, LLC and funimation.tv Intellectual Property

The contents of all material available on the Site – including, but not limited to, text, graphics, logos, icons, images, audio and/or video clips, digital downloads, data compilations, the compilation of materials on this site and software (“Intellectual Property”) are subject to protection under federal laws related to copyright, patent or trademark, either owned by (i) by Funimation Channel LLC., or (ii) through a valid license to use such Intellectual Property by a third party who owns such rights; or (iii) as otherwise indicated. These materials may not be reproduced, copied, distributed, displayed, published, transmitted, adapted, edited or downloaded in any way without the express written permission of FUNimation Channel, LLC or funimationchannel.com.

Copyright is not claimed on any trademarks, characters, images, likenesses or designs created, owned, or reserved by third-party illustrators, cartoonists, designers, producers, vendors or companies which have been either used in their original form or which have been customized or enhanced for use on the Site.

Permission and licensing has been obtained for the use and display the images, likenesses, and characters portrayed in the videos, cells, t-shirts and other merchandise contained within this site, or can be considered fair use under United States copyright law.

Permission to use elements – such as product information, press releases, announcements, news, FAQs and banner ads downloaded in order to link to funimation.tv from this Site is granted, provided that (1) the copyright notice at the bottom of the Conditions of Use and Policies appears in all copies and FUNimation Channel, LLC is credited as the source of the elements used, (2) any other copyright notices (i.e., copyright notices that do not reference FUNimation Channel LLC) appearing in the text are also included, (3) the use of these elements is strictly for informational and non-commercial or personal use only and will not be copied or posted on any network computer, broadcast in any media or otherwise published unless expressly and explicitly authorized by FUNimation Channel LLC, and (4) no modifications of any elements are made. The FUNimation Channel LLC, may withdraw its license at any time for any reason.

All other rights are reserved by FUNimation Channel LLC. Copyright, trademark or patent infringement is a violation of federal law subject to criminal and civil penalties.

Product Availability & Pricing

All products offered for sale on this site are subject to availability from the manufacturer. FUNimation Channel LLC cannot be responsible for changes to products that may not be communicated to us, nor cancellations due to restricted availability or cancellation of items at the manufacturer level. Orders placed at this Site, may be fulfilled directly by FUNimation Channel, LLC, funimationchannel.com, or any affiliated entity. The fulfillment of orders placed, whether directly by FUNimation Channel, LLC, funimationchannel.com, or any affiliated entity, is strictly subject to such availability. Additionally, any orders placed through this site are not considered fulfilled or accepted until the actual shipment of the product from our warehouse.

Except where noted otherwise, the retail price ("Retail Price") displayed for products on our site represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, according to industry standard.

FUNimation Channel LLC exercises due diligence with regard to making sure all items available through our Site are priced correctly. However, occasionally, a small number of items in our catalog may be mispriced. No adjustments are made in cases where prices are changed in the normal course of business at FUNimation Channel LLC. If we do discover a mispricing before your item has shipped (and your payment has been processed), we will do the following:

• If the item's correct, actual price is lower than the stated price, we will adjust the customer's charge to the lower price and automatically ship.
• If the item's correct, actual price is higher than the stated price, we will contact the customer and offer the customer the choice of being charged the correct price and shipping the order out or cancelling/revising the order.

Please note that it is our policy that credit card payments for merchandise will not be billed to your card until your merchandise is ready to ship.

Links to Third Party Sites

Our site contains links and references to other organizations and sites on the Internet, including Web sites that are not under our control. We cannot be responsible for the content or practices of other Web sites. Please consult the privacy policies of those sites directly for information about their use of your information.

Disclaimer of Warranties & Liability

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY FUNIMATION CHANNEL, LLC ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. FUNIMATION CHANNEL, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FUNIMATION CHANNEL, LLC, AND THEIR RESPECTIVE DIRECTORS, EMPLOYEES, OFFICERS AND AGENTS, INCLUDING WITHOUT LIMITATIN ITS ADVERTISING AND PROMOTION AGENDIES, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FUNIMATION CHANNEL, LLC DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM FUNIMATION CHANNEL, LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FUNIMATION CHANNEL, LLC AND THEIR RESPECTIVE DIRECTORS, EMPLOYEES, OFFICERS AND AGENTS, INCLUDING WITHOUT LIMITATIN ITS ADVERTISING AND PROMOTION AGENDIES, WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

DISPUTES

FUNimation Channel, LLC is a United States company organized under the laws of the State of Delaware. Those who chose to access the Site any where in the world acknowledge, accept and agree that such access and use is on their own initiative.  We make no representation, warranty, or guarantee that the Site, or any content thereon, are appropriate, available or legal in any particular geographic location outside the United States. Any dispute or claim relating in any way to your visit to funimation.tv or to products or services sold or distributed by funimation.tv or through funimation.tv will be resolved by your first contacting us as set forth below and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.  In the event we cannot resolve the dispute between us, we each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. Notwithstanding anything to the contrary herein, funimation.tv may bring suit in court to enjoin infringement or other misuse of intellectual property rights, and misuse of the Site.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. In any dispute between us, whether resolved between us or via arbitration, your sole remedy is to stop using the Site and the Service if applicable.  To the extent any award or judgment is granted in your favor, it shall be limited to actual out of pocket damages, excluding attorneys’ fees, and shall not include any indirect, punitive, incidental and/or consequential damages.

The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. Likewise, funimation.tv will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the United States in a location as determined by the AAA’s rules.  

If for any reason any provision of the Agreement, or portion thereof is determined by a court of competent jurisdiction to be invalid or unenforceable, that provision or portion will be enforced to the maximum extent permissible, and the remainder of the Agreement will continue to be valid and enforceable in full force and effect.

To notify funimation.tv of any dispute, you must send a letter describing your dispute to FUNimation Channel’s offices as follows: Chris Williams, CFO, FUNimation Channel, LLC, 560 Village Blvd, Suite 250, West Palm Beach, Florida 33409.

Applicable Law

By visiting funimation.tv, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Delaware, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and FUNimation Channel, LLC.

FUNimation Channel - Privacy Statement

FUNimation Channel, LLC. is posting this privacy statement to inform our customers of our policies with regards to privacy. The information provided here gives our policy regarding gathering and dissemination of information for our website.

FUNimation Channel - Privacy Statement

FUNimation Channel, LLC. is posting this privacy statement to inform our customers of our policies with regards to privacy. The information provided here gives our policy regarding gathering and dissemination of information for our website.

Electronic Communications

When you visit funimationchannel.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Placement of Orders and Retention of Information

Any personal information (email address, home address, etc.) which we obtain from visitors/customers will not be sold or shared with any third party, except that for purposes of fulfillment of orders, you name and address only, shall be provided to any third party who fulfills orders on behalf of funimation.tv and FUNimation Channel, LLC. Such third parties will not retain this information upon shipping and are expressly prohibited from using such information for its own purposes. All information gathered is used for internal purposes only. You may exercise the right to not receive future mailings, and information on removing yourself from our e-mail lists is given below.

In some situations, we may be legally obligated to disclose information about you to the government or other third parties. If asked or required by law, we may release information about you to law enforcement, government or officers of the court if we believe it is necessary or appropriate to investigate or resolve potential problems or inquiries.

FUNimation Channel LLC gathers information about its visitors in the following ways, and to the extent applicable, if at all:

(i)     Site statistics, including, but not limited to, the capture of IP addresses, browser type, operating system used, and Internet cookies, that provide both aggregated non-personally identifiable information, as well as information that may allow us to identify you personally.

(ii)   Contest and Registration forms.

(iii)  Newsletters and mailing lists.

(iv)  Orders placed for products and services via www.funimation.tv/shop.

We capture your IP address when you enter our ordering system to assist with the diagnosis of problems with our server. Your IP address is used to help match you and your shopping cart.

Our site uses cookies to keep track of your shopping cart so that you can go in and out of the ordering system without losing your order.

Browser type and operating system type data is collected as part of our analytics processes. We may also use the services of reputable third parties to provide us with data collection, reporting, ad response measurement, and site analytics in a non-personally identifiable manner.

Contest and Registration forms on our site require users to give us contact information including addresses and email addresses. Customer contact information from the registration forms may be used to send information about our company and its products. This information is also used to contact you if necessary.

Mailing list communications from FUNimation Channel, LLC are sent only to those requesting an opt-in subscription and are used notify readers of site updates, promotions, and other business communications. You may exercise the right to not receive future mailings, and information on removing yourself from our e-mail lists is given below.

On-line ordering is available on our website for customers to purchase products and services. We collect contact information (name, address, phone number, email address, order information) and method of payment, but no credit card numbers. All payment information is processed through Pay Pal, and by purchasing through Pay Pal, you consent to their terms and conditions of use, including their privacy policies. This information is used to send product and services orders, and this information may also be used to send other information to you regarding our products and services. We may also use the contact information to get in touch with you if necessary. You may remove yourself from our mailing list and/or e-mailing list at any time; information on removing yourself is given below.

Children

FUNimation Channel, LLC does not knowingly collect personal information, including contact information, from children under the age of 13. When subscribing to newsletters and entering contests, individuals are made aware of the age requirement. By submitting the subscription or entry form, they are attesting they meet the age requirement.

If you feel a minor has inappropriately submitted information, or subscribed to any of our e-mail mailing lists or publications, please contact us at legal@funimation.tv or via the mail option listed below, and the minor's information will be removed.

The site does not sell products for purchase by children, and if you are under 18, you may make purchases on the site only with the involvement of a parent or guardian.

Removal From Our Mailing Lists

To remove yourself from our mailing lists, please go to the bottom of the newsletter’s page and check the box to Unsubscribe.

If you have any issues or questions about our use of your private information, the website, problems obtaining information or with this Web site, please feel free to contact our Customer Care Team by email or mail:

FUNimation Channel, LLC.
Customer Service
560 Village Boulevard, Suite 250
West Palm Beach, Florida 33409

The last update to these policies was November, 2011. We encourage you to periodically check back and review these policies, so that you always will know what information we collect, how we use it, and with whom we share it.

Copyright 2011 FUNimation Channel Shop.