WEBSITE TERMS & CONDITIONS
NOTICE
This website and associated web services as set out below, all design, layout and content remain at all times copyright of Funkimation © 2012-present. Access to and use of web services resources and content are subject to this Agreement and where applicable to terms and conditions applicable to particular services. All other rights reserved.
CONTRACTING PARTIES
POLICIES
The web services is operated in accordance with Funkimation ’s prevailing policies “(the Policies”) as follows:
In the event of any conflict between the Policies from time to time and the terms of this Agreement the terms of this Agreement or any other relevant terms and conditions shall be of overriding effect.
Some or all of the Policies may be as set out in our Terms and Conditions of supply of goods and/or services from time to time a copy of which is available on request.
The web services may use cookies. By using the web services you consent to our use of cookies in accordance with the terms of our Privacy Policy.
LICENCE
Funkimation owns or controls all copyright and other so-called intellectual property rights in its content on web services, including its design, layout and content (“the Property”). Some of the Property may contain rights of third parties of which Funkimation is the licensee. As per the notice above all rights in the Property are reserved apart from any license granted to you.
You may as permitted and subject to this Agreement search, view, download for caching purposes only, and print pages from the web services for your own personal use.
You are not permitted other than by separate prior written permission from Funkimation to:
You must not use the web services:
You licence to Funkimation the worldwide, irrevocable, non-exclusive, royalty-free licence to use in any media (known or future) any and all parts of any content provided by you and not subject to any other Funkimation agreement offered by Funkimation subject to these warranties by you as to that content:
You hereby indemnify Funkimation and undertake to keep Funkimation indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Funkimation to a third party in settlement of a claim or dispute) incurred or suffered by Funkimation arising out of any breach by you of this Agreement or from the supply by you of content or from your access to and use of the web services.
LIMITATIONS & EXCEPTIONS
Funkimation does not warrant the completeness or accuracy of the information published on the web services nor that it will remain available or updated.
To the maximum extent permitted by applicable law Funkimation excludes all representations, warranties and conditions relating to the web services and use of it (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
Nothing in these terms and conditions will limit or exclude:
Funkimation has and will have no liability to you for loss or damage arising out of any event or events beyond Funkimation ’s reasonable control, business loss of whatever nature, loss or corruption of any component, data, database or software, special, indirect or consequential loss or damage and unless excluded as above Funkimation ’s liability shall be in any event to such consideration as you shall have tendered to Funkimation in relation to your access to and use of the web services.
TERMINATION AND GENERAL
If you breach this Agreement (which it shall be the sole right of Funkimation to determine in accordance with the Policies subject otherwise to its absolute discretion) Funkimation may suspend or permanently restrict access to the web services, block computers using your IP address and contact your internet service provider to request appropriate remedial action without prejudice in every case to Funkimation ’s other remedies.
Funkimation may revise these terms and conditions and this Agreement from time-to-time. Revised terms and conditions will apply to the use of the web services from the date of publication.
Funkimation may transfer, sub-contract or otherwise deal with its rights and/or obligations under this Agreement without consulting or otherwise notifying you. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under this Agreement.
If any term or provision of this Agreement shall be found to be illegal or unenforceable then notwithstanding such term or provision this Agreement shall remain in full force and effect and such term or provision shall be deemed to be deleted.
In the absence of any other agreement between the parties covering the web services this Agreement is the entire agreement between you and Funkimation in respect of your use of the web services.
Notice under this Agreement shall be by e-mail subject to bona fide verifiable delivery confirmation to the e-mail address of respectively you at your address as first registered with Funkimation unless later changed to an address then registered with Funkimation and to Funkimation at its e-mail address as posted on the web services from time to time.
The parties intend, confirm and agree that no term or part of this Agreement shall be enforceable solely by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to this Agreement;
This Agreement shall be governed by and construed in accordance with laws of England and Wales (the jurisdiction of operation of Funkimation ’s business and primary services) and the parties agree to submit any disputes arising in connection with this Agreement to the exclusive jurisdiction of the courts of England and Wales.
Funkimation is a trading name of Funkimation Limited, address as advised on the contact page within the web services.
web services terms and conditions © Funkimation 2012-present, this revision © Funkimation October 2012
NOTICE
This website and associated web services as set out below, all design, layout and content remain at all times copyright of Funkimation © 2012-present. Access to and use of web services resources and content are subject to this Agreement and where applicable to terms and conditions applicable to particular services. All other rights reserved.
CONTRACTING PARTIES
- Funkimation Limited (“Funkimation”) as owner, licensee and operator of http:// www.funkimation.com, http://www.funkimation.co.uk and all other similar services (“the web services”), and;
- “You” being the person or entity subject to this Agreement by access to and/or use of the web services, subject to the rights and obligations as set out below. By accessing and/or using the website and/or web services and in consideration of Funkimation permitting you such access and use you accept all of the terms of this Agreement. Do not access or use the web services if you disagree. Funkimation may restrict your access to all or part of the web services as it sees fit and its sole and absolute discretion without liability
- For the avoidance of doubt no contract as between you and Funkimation arises by reason of this Agreement in respect of the supply of any products, goods or services offered for sale and supply by Funkimation all of which must be the subject of a separate written agreement formally offered by Funkimation and bearing Funkimation’s Reference or Job Number.
POLICIES
The web services is operated in accordance with Funkimation ’s prevailing policies “(the Policies”) as follows:
- Delivery Policy;
- Cancellation and Returns Policy;
- Privacy Policy.
In the event of any conflict between the Policies from time to time and the terms of this Agreement the terms of this Agreement or any other relevant terms and conditions shall be of overriding effect.
Some or all of the Policies may be as set out in our Terms and Conditions of supply of goods and/or services from time to time a copy of which is available on request.
The web services may use cookies. By using the web services you consent to our use of cookies in accordance with the terms of our Privacy Policy.
LICENCE
Funkimation owns or controls all copyright and other so-called intellectual property rights in its content on web services, including its design, layout and content (“the Property”). Some of the Property may contain rights of third parties of which Funkimation is the licensee. As per the notice above all rights in the Property are reserved apart from any license granted to you.
You may as permitted and subject to this Agreement search, view, download for caching purposes only, and print pages from the web services for your own personal use.
You are not permitted other than by separate prior written permission from Funkimation to:
- Exploit any of the Property in any manner whatsoever;
- Copy or adapt any of the Property;
- Republish any of the Property including by other means on the Internet;
- Make any of the Property or other web services elements public;
You must not use the web services:
- So as cause damage to the web services or disruption in its availability and operation;
- In any unlawful, fraudulent or harmful way or in connection with any unlawful, fraudulent or harmful purpose;
- In relation to activity or material which consists of (or is linked to) hacking, any spyware, computer virus or other malicious computer software of whatever kind or any data collection processes in every case whether identified as at the point of you becoming subject to this Agreement or at some future date.
You licence to Funkimation the worldwide, irrevocable, non-exclusive, royalty-free licence to use in any media (known or future) any and all parts of any content provided by you and not subject to any other Funkimation agreement offered by Funkimation subject to these warranties by you as to that content:
- It will be lawful and not infringe any third party's rights and will not result in any claim or legal action of whatever kind nor have been subject to such adverse factors.
- Funkimation may edit or remove it from the web services in its sole discretion.
You hereby indemnify Funkimation and undertake to keep Funkimation indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Funkimation to a third party in settlement of a claim or dispute) incurred or suffered by Funkimation arising out of any breach by you of this Agreement or from the supply by you of content or from your access to and use of the web services.
LIMITATIONS & EXCEPTIONS
Funkimation does not warrant the completeness or accuracy of the information published on the web services nor that it will remain available or updated.
To the maximum extent permitted by applicable law Funkimation excludes all representations, warranties and conditions relating to the web services and use of it (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
Nothing in these terms and conditions will limit or exclude:
- Funkimation ’s or your liability for death or personal injury resulting from negligence;
- Funkimation ’s or your liability for fraud.
Funkimation has and will have no liability to you for loss or damage arising out of any event or events beyond Funkimation ’s reasonable control, business loss of whatever nature, loss or corruption of any component, data, database or software, special, indirect or consequential loss or damage and unless excluded as above Funkimation ’s liability shall be in any event to such consideration as you shall have tendered to Funkimation in relation to your access to and use of the web services.
TERMINATION AND GENERAL
If you breach this Agreement (which it shall be the sole right of Funkimation to determine in accordance with the Policies subject otherwise to its absolute discretion) Funkimation may suspend or permanently restrict access to the web services, block computers using your IP address and contact your internet service provider to request appropriate remedial action without prejudice in every case to Funkimation ’s other remedies.
Funkimation may revise these terms and conditions and this Agreement from time-to-time. Revised terms and conditions will apply to the use of the web services from the date of publication.
Funkimation may transfer, sub-contract or otherwise deal with its rights and/or obligations under this Agreement without consulting or otherwise notifying you. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under this Agreement.
If any term or provision of this Agreement shall be found to be illegal or unenforceable then notwithstanding such term or provision this Agreement shall remain in full force and effect and such term or provision shall be deemed to be deleted.
In the absence of any other agreement between the parties covering the web services this Agreement is the entire agreement between you and Funkimation in respect of your use of the web services.
Notice under this Agreement shall be by e-mail subject to bona fide verifiable delivery confirmation to the e-mail address of respectively you at your address as first registered with Funkimation unless later changed to an address then registered with Funkimation and to Funkimation at its e-mail address as posted on the web services from time to time.
The parties intend, confirm and agree that no term or part of this Agreement shall be enforceable solely by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to this Agreement;
This Agreement shall be governed by and construed in accordance with laws of England and Wales (the jurisdiction of operation of Funkimation ’s business and primary services) and the parties agree to submit any disputes arising in connection with this Agreement to the exclusive jurisdiction of the courts of England and Wales.
Funkimation is a trading name of Funkimation Limited, address as advised on the contact page within the web services.
web services terms and conditions © Funkimation 2012-present, this revision © Funkimation October 2012
