Shipping Protection Terms of Service

Last Updated: May 28, 2024

Fun.com, Inc. together with its affiliates and brands (“Fun.com,” “we,” “us,” or similar terms) offers the shipping protection information and services advertised as Carbon Offset & Package Protection made available via our websites:

www.Halloween.com
www.HalloweenCostumes.com
www.Fun.com

The Carbon Offset & Package Protection information and services on our websites, are collectively referred to as the “Services.”

These Terms of Service (“Terms”) are by and between you and Fun.com and govern your access and use of the Services. “You” and similar terms means you, as an individual, as well as the organization, business, or entity on whose behalf you are using the Services (“Organization”). By accessing and using the Services and entering into these Terms, you represent and warrant that you are authorized to enter into these Terms on behalf of yourself and such Organization.

Please read these Terms carefully. By either: (i) accessing or using the Services, or (ii) clicking on the “I Agree,” “Submit,” “Purchase,” or similar button or check box when prompted, you accept and agree to be bound and abide by these Terms and agree to bind the Organization on whose behalf you are accessing or using the Services. If you do not want to agree to these Terms, you must not access or use the Services. These Terms also supplement the terms and conditions of use of the website that are posted on that website, and such terms and conditions shall also govern the Services (any conflict being controlled by these Terms).

You understand that we reserve the right to change or amend these Terms from time to time. Except as otherwise required by law, all changes shall be immediately effective upon their posting to the Services. You acknowledge and agree that your continued access and use of the Services following such changes shall be deemed acceptance by you of any new or amended terms to these Terms. Fun.com will not be liable for any damages as a result of any of these actions.

1. Eligibility

The Services are offered and available to users who are 18 years of age or older. None of the Services are directed toward children under 18 years of age. By accessing or using the Services, you represent and warrant that you are 18 years of age or older and otherwise meet all of the eligibility requirements contained herein. If you do not meet all of these requirements, you must not access or use the Services.

Fun.com will not knowingly collect any personal information from or about children under the age of 18, and children under the age of 18 are not allowed to register with Fun.com. If you believe Fun.com has collected information from or about a child under the age of 18, please contact us at the “Contact Us” details below.

Those who choose to access the Services from outside of the United States do so on their own initiative and at their own risk and are responsible for compliance with all applicable laws, rules, and regulations in their respective location in doing so.

2. Privacy Policy

Your access and use of the Services, is subject to the Privacy Policy posted on this website. Please carefully review the Privacy Policy. You agree that the collection, use, and disclosure of your information in connection with the Services is governed by the Privacy Policy, and you consent to all actions we take with respect to your information consistent with the Privacy Policy.

3. License Grant

Customers are those end users who have transacted to purchase a product or good from a Fun.com and as part of that transaction is benefiting from the shipping protection services. Subject to your compliance with these Terms, we hereby grant you, as a Customer, limited, non-exclusive, non-transferable, personal right to use the Services for the purposes of receiving the shipping protection services that are made available to you via Fun.com.

4. Fun.com Intellectual Property

You acknowledge that, as between you and Fun.com, Fun.com owns all right, title, and interest, including all intellectual property rights, in and to the Services and, with respect to third-party data or information, the applicable third-party owns all right, title, and interest, including all intellectual property rights, in and to the third-party data, trademarks, images, and related designs.

Fun.com’s names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Fun.com. All rights are reserved. You are not authorized to use any Fun.com name or mark in any advertisement, publicity or in any other commercial manner without prior written consent of Fun.com. All other trademarks, trade dress, images, photographs, and other works appearing in connection with the Services are the property of their respective owners.

The entire contents and design of the Services are protected by U.S. and international copyright law and may be further protected by U.S. and international patent laws. All rights regarding the Services and materials contained on or in the Services, including any and all technology, code, or design related to the Services, are either owned by Fun.com, are licensed to it, or are used with permission. Fun.com and its licensors, vendors or other service providers retain and reserve all intellectual and proprietary rights to the Services.

The Services are only for your personal use. All Customers of the Services are expected to obey all copyright restrictions. Copying or storing of any content without the prior written permission from Fun.com or the intellectual property holder is prohibited.

5. Shipping Protection Details

Each Customer is entitled to a single, one-time claim per order according to the terms herein (an “order” being the purchase of product(s) that, no matter the quantity, are assigned a single order number). Customers must notify Fun.com of any lost or damaged products, for which shipping protection has been purchased, within 14 days of the date that such product(s) were purchased from Fun.com. You acknowledge and agree that if you fail to provide notice in accordance with these Terms, you will not be provided any benefits of the shipping protection service and will not receive any replacement item. Upon receiving such notice, Fun.com will respond as soon as reasonably practicable.

In the event that Fun.com determines that it will replace a lost or damaged product or item, Fun.com will determine, in its sole discretion, the method of processing and shipping the replacement product or item (“Replacement”). Any Replacement will be shipped to the delivery address associated with the original product purchase. The Replacement will only be limited those products or items that were originally purchased by Customer and for which the claim is made (i.e., Customer is not entitled to a newer version or a variation of the applicable product). Customer is not entitled to a refund of any products purchased via the shipping protection service, and Customer acknowledges and agrees that it is not entitled to any refund under these Terms.

Customers may be required to provide evidence that subject products or items that were lost, stolen or damaged, and, for the avoidance of doubt, the determination of whether an item has been lost, stolen or damaged will be made by Fun.com, in its sole and absolute discretion. Customers agree to provide any additional information or documentation as may be reasonably requested by the Company.

Title for lost, stolen or damaged products or items for which Fun.com has approved for shipping protection service shall transfer to Fun.com upon approval and will be deemed the property of Fun.com. Accordingly, Customer expressly agrees to ship to Fun.com any (A) damaged products or items, or (B) any previously lost or stolen products or items, if the Customer comes into possession of such lost or stolen products or items.

FOR THE AVOIDANCE OF DOUBT, CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT (A) THE VALUE COVERAGE PROVIDED BY THE SERVICES (INCLUDING ANY SHIPPING PROTECTION) IS NOT AND SHALL NOT CONSTITUTE INSURANCE OF ANY KIND WHATSOEVER; AND (B) THE SHIPPING PROTECTION SERVICES CONTEMPLATED HEREIN SHALL ONLY BE PROVIDED TO ELIGIBLE CUSTOMERS WHO PURCHASED SHIPPING PROTECTION VIA Fun.com.

6. Prohibited Uses and Conduct

You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services: (i) In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries); (ii) for the purpose of exploiting, harming, or attempting to exploit or harm any person in any way; (iii) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the content standards contained in these Terms or published in connection with the Services; (iv) to transmit, or procure the display of, any illegal advertising or promotional material; (v) to impersonate or attempt to impersonate Fun.com, a Fun.com employee, another user, or any other person or entity; or (vi) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Fun.com or users of the Services, or expose them to liability.

You are solely responsible for any liability associated with your use of the Services. You shall not, and are not authorized to, use the Services in any manner that violates any person’s rights or any applicable law.

7. Fees

All fees paid for the Services are non-refundable and non-transferable except as may be expressly provided in these Terms.

Customers will have the ability to make certain donations/ contributions to Fun.com’s Carbon Credit Offset Program. For the avoidance of doubt, and notwithstanding anything herein to the contrary, Fun.com will use/contribute any such donations/contributions to purchase certain carbon credits offset programs, as may be determined by Fun.com in its sole and absolute discretion. For the avoidance of doubt, and notwithstanding the foregoing, Fun.com reserves the right to (a) purchase carbon offsets or credits or contribute any contributions at a date later than or prior to the date of the donation; and (b) purchase carbon offsets or credits from, or contribute such contributions, to a different project than was initially advertised. Fun.com does not, nor does it have any obligation to, (x) monitor the affairs of any selected carbon offset programs, (y) obtain knowledge of all facts and circumstances which could have a bearing on the selected carbon offset programs or the contributions made thereto, or (z) investigate or verify the accuracy and completeness of the information provided by the selected carbon offset programs.

8. Third-Party Sites and Links

Fun.com makes reasonable efforts to determine that other website owned or operated by third parties accessible via the Services (collectively, “Third-Party Websites”) are active and appropriate at the time the links to such Third-Party Websites are placed in the Services. Fun.com has no control over, and assumes no liability for, the continued existence of, or the material available on, any Third-Party Website. Should you discover that any link in the Services references a Third-Party Website that is no longer active or that contains inappropriate or irrelevant information, please notify us by sending an e-mail message to the address listed below. Links from the Services to Third-Party Websites do not constitute or imply an endorsement, sponsorship, or recommendation by Fun.com or any of its subsidiaries or affiliates of the third party, the Third-Party Website, or the resources, information, or content contained therein. Fun.com does not endorse or warrant, and is not responsible or liable for, any such Third-Party Website or the content thereon. Please review the applicable third party’s terms and conditions and privacy policy when interacting with or using any Third-Party Website.

9. Consent to Doing Business Electronically

You hereby agree that we may deliver all notices, disclosures, documents, reviews, analyses, or other materials, and any and all other documents, information, and communication concerning you or Fun.com by means of email or by other means of electronic communication. Considering Fun.com operates principally on the internet, by accessing the Services, you hereby consent to transact business electronically and to receive electronically all disclosures, documents, communications, notices, contracts, and agreements arising from or relating in any way to your or our rights, obligations, or services under these Terms or any other agreement between you and Fun.com.

10. Indemnification

You agree to defend, indemnify and hold harmless Fun.com and its affiliates, and each of their directors, officers, employees, and agents from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from your breach or violation of any representations, warranties, covenants, obligations or other provisions set forth in these Terms, your use of the Services, or your account, incurred by you or any other person using your account. We reserve the right, but not the obligation, to take over the exclusive defense and control of any claim for which we are entitled to indemnification under these Terms. In such event, you hereby agree to cooperate and help us in asserting any defenses to such claims.

11. Warranty Disclaimers

Fun.com disclaims any and all liability for the acts, omission, and conduct of any Customers or third parties in connection with or related to your use of the Services. Customers are completely responsible for their use of the Services and Customer’s sole remedy against Fun.com for dissatisfaction with the Services or any content is to stop using the Services or any such content at once. This limitation of relief is a part of the bargain between the parties.

THE SERVICES MAY CONTAIN TECHNICAL ERRORS, TYPOGRAPHICAL MISTAKES, OR OTHER INACCURACIES. UNLESS OTHERWISE EXPRESSED, THE SERVICES ARE PROVIDED “AS-IS,” WITHOUT ANY WARRANTY AND FUN.COM EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, OR ANY WARRANTY THAT THE SERVICES ARE ACCURATE, ADEQUATE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

12. Limitation of Liability

IN NO EVENT WILL FUN.COM OR ITS AFFILIATES BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (i) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (ii) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (iii) LOSS OF GOODWILL OR REPUTATION; (iv) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; (v) COST OF REPLACEMENT GOODS OR SERVICES; OR (vi) DAMAGE OR INJURY TO PERSON OR PROPERTY, IN EACH CASE REGARDLESS OF WHETHER FUN.COM WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.

IN NO EVENT WILL FUN.COM’S OR ITS AFFILIATES’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE GREATER OF: (i) THE COST OF THE PRODUCT, MERCHANDISE, OR ITEM TO WHICH THE CLAIM RELATES, AS STATED BY FUN.COM WHEN PURCHASED BY CUSTOMER, OR (ii) ONE-THOUSAND DOLLARS ($1,000).

13. Governing Law

These Terms shall be construed and governed in accordance with the laws of the State of Minnesota, without giving effect to any choice or any conflicts of law provisions or rules. Any action relating to these Terms shall be brought in the federal or state courts located in the City of Minneapolis, State of Minnesota. You hereby agree to personal jurisdiction and submit to venue by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

14. Geographic Location

Fun.com is based in the United States and our offering of the Services is not intended to subject us to any laws in any jurisdiction outside of the United States. Be aware that access of the Services may result in the transfer of your information to servers located in the United States. If you access the Services from outside of the United States, you consent to all such transfers. You also do so on your own initiative and are responsible for compliance with local laws. We make no claims that the Services or any of its content complies with any laws outside of the United States.

15. Miscellaneous

These Terms (together with any applicable general website terms and conditions) and the Privacy Policy constitute the sole and entire agreement between you and Fun.com regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding the Services.

It is expressly agreed that Fun.com and all Customers shall be independent contractors of each other and that the relationship between the parties shall not constitute a partnership, joint venture or agency. Neither Fun.com nor any Customer shall have the authority to make any statements, representations or commitments of any kind, or to take any action, which shall be binding on the other party, without the prior consent of such other party.

In addition to these Terms, you may enter into other agreements with us that will govern your use of the Services. If there is any contradiction or conflict between these Terms and another agreement you enter into with us applicable to the Services, the other agreement shall take precedence in relation to the specific aspects of the Services governed by such agreement.

If any part, term, or provision of these Terms is held to be illegal, in conflict with any law, or otherwise invalid, the remaining portion or portions shall be considered severable and not be affected, and the rights and obligations of the parties shall be construed and enforced as if these Terms did not contain the particular part, term, or provision held to be illegal or invalid.

The provisions of these Terms shall survive any expiration or termination of these Terms or completion of any services hereunder to the extent necessary or appropriate to carry out the intent of such provisions.

We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. You may not assign rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law, without our prior written consent.

The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.

16. Contact Us

If you have questions regarding these Terms or the Services, please contact us at:

Fun.com, Inc.
Phone: (507) 386-8383
Contact form