Terms & Conditions

Welcome to funimation.com! The Funimation website and service www.funimation.com., (collectively, the “Site” or “the Service” or “funimation.com”) its features, applications, and services are operated by Funimation Entertainment (“Funimation”), located at: 1200 Lakeside Pkwy, Bldg 1, Flower Mound, TX 75028. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. The most current version of these Terms of Use supersede all prior versions. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access (or continue to use or access) the Service or the Site.

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY: These Terms of Use and all policies referenced in this document or elsewhere on the Site which are incorporated herein by reference govern your access to and use of the Site. These Terms of Use are a legal agreement between you and Funimation and apply to you whether you are a funimation.com Member (defined below) or a visitor just browsing the Site (collectively, “Users”). These Terms of Use limit Funimation’s liability and obligations to you, grant us certain rights and allow us to change, suspend or terminate your access to and use of the Site.

Registration and Age Requirements

In order to access certain features of the Site, and to post any content on the Site, you will have to create a Funimation.com account and become a Member. To become a Member you must be at least 13 years of age. Funimation does not intend to collect information from individuals 13 years of age or younger. Member-only features include, but are not limited to, creating a profile, choosing a site skin, posting in the forum (including comments, replies and new posts), watching TV-MA videos (members must be at least 17 years of age to view TVMA content), communicating with other users via member mail, private messages or chat and adding videos to favorites list in the member’s profile.

Members must be 18 years of age or older to purchase TV-MA and/or R rated content.

When you register with funimation.com and set up your funimation.com account, you must provide funimation.com accurate and complete information, such as your name, e-mail address, gender and any other personal or preference information that you provide to us. Only one account may be created per e-mail address. You agree to promptly update your funimation.com account information with any new information that may affect the operation of your funimation.com account. You authorize Funimation, directly or through third parties, to make any inquiries we consider necessary or appropriate to verify your funimation.com account information. Our Privacy Policy, found here, contains information about our policies and procedures regarding the collection, use and disclosure of information we receive from funimation.com Users.

You agree not to use false identities or impersonate any other person or use a username or password that you are not authorized to use. Funimation reserves the right to require you to change your funimation.com username for any reason and may do so at anytime, or to shut down any account Funimation deems in its sole discretion to be unauthorized.

You agree that you are responsible for safeguarding and maintaining the confidentiality of your username, password and corresponding funimation.com account information. You agree not to disclose your password to anyone. You agree that you are entirely and solely responsible for any and all activities or actions that occur under your funimation.com account, whether or not you have authorized such activities or actions. You agree to immediately notify funimation.com administrators of any unauthorized use of your username, password or funimation.com account.

Funimation Streaming Service Subscription

How Our Service Works

Funimation Streaming Service subscriptions, formerly known as the Funimation Elite Video Subscription or “EVS”, are only open to customers in the United States and Canada. Funimation reserves the right to make any changes to the subscription service without notice.

Membership and Billing

Free Trials

At Funimation’s sole discretion, Funimation may offer a free trial period to first-time customers, limit 1 per household and/or Payment Method provided. Terms of free trial offers, including duration of free trial, may vary. Your trial period begins the day you sign up for a Funimation subscription.

Upon completion of the free trial period, your subscription to Funimation will automatically renew. YOU MUST CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF THE FREE TRIAL OFFER TO AVOID CHARGES TO YOUR PAYMENT METHOD.

Special Offers

At Funimation’s sole discretion, Funimation may offer promotional offers. Funimation does not guarantee that an offer will be made to any User or Member. Special offers will only be available to Users or Members who receive the offer directly from the Company. The terms and conditions of a special offer will only apply, if User or Member responds affirmatively to the Special Offer. Terms of special offers, including the promotional price and duration of the promotional price, may vary from time to time.

Billing

By starting a Funimation membership, you are expressly agreeing that Funimation is authorized to charge your Payment Method for subscription services and other purchases made on the website. You are responsible for any taxes or fees associated with website purchases. All fees and charges are nonrefundable. If you are the victim of identity theft and your website account is involved, you should immediately notify customer service. You should also report the instance to your credit card issuer and local law enforcement agency. Funimation reserves the right to place any account on hold at anytime with or without notification to the member in order to protect itself or its partners from what it believes to be fraudulent activity. Funimation is not obligated to credit or discount your membership for holds placed on your account. Funimation may provide refunds or credits to Members at sole discretion of the company. You are expressly authorizing Funimation to charge your payment method to renew membership if subscription term ends and you have not cancelled subscription. If your payment method for any reason does not accept the subscription charges, you are responsible for any uncollected amounts. Funimation may change subscription fees at any time, but will provide notice of any price changes to Members.

Ongoing Membership

Your subscription will automatically renew until you cancel your membership or Funimation terminates it. You must cancel the subscription before the end of term to avoid being charged for another term.

Cancellation

You may cancel your membership to Funimation at anytime, and cancellations will be effective immediately. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR UNUSED TIME IN SUBSCRIPTION TERMS. In no event shall FUNimation’s liability to Members or Usersfor any damages resulting from inability to use website or service exceed the amount of one month’s subscription on Member’s subscription plan. Funimation reserves the right to terminate your account for any or no reason.

Once an account is cancelled, the Member will not be able to access it. Any content submitted by Member may or may not also be deleted. User will not have access to content submitted by the Member that is not marked as “public”. Funimation is not obligated to forward any of Member’s submitted content, account information, or other data related to Member’s account to Member or a third party. Upon account cancellation, Funimation will not be obligated to provide content, website services, or granted rights to Member. Termination of an account does not affect user’s obligations to Funimation under these Terms of Use including, but not limited to, proprietary rights and ownership, indemnification, and limitation of liability.

Features & Functionality

Streaming Videos

Funimation allows you to instantly stream video to watch on your computer and devices through applications. Funimation makes no representations about the quality of display or streaming speed. The service will only work on hardware and software platforms specified on the Site. It is Member’s responsibility to make sure that you have the proper software, hardware and internet connection to use the Funimation streaming videos. Funimation may at any time change the minimum hardware requirements and stop supporting certain software, with or without notice. Funimation makes no representations or warranties concerning devices or compatibility of device with company’s streaming service.

Community

From time to time, Funimation may make changes to features and services. Changes may happen without notice and may not be described in the Terms of Use. Only registered Members may access website features. Certain features will only be available to premium members. Use of community is for personal, non-commercial use and at user’s own risk. You do not have to participate in community and may make all information and user submitted content private. By using community features, you are consenting to release of information to other members of community and visitors of the website. If you do not want to release information, then you should not use the community features and services. Members are free to disclose your identity in connection with reviews, ratings, comments, forum posts, and other forms of personal information, but Members are solely responsible for such disclosures. By using the community features, you are agreeing that Funimation may eliminate or modify any or all aspects of service, website, and community.

Profile

If you do not wish to provide non-required information, then you should not fill out profile. Profile may be seen by other Users or Members subject to your privacy settings. Members and Users are responsible for accuracy of information provided to Funimation and for the confidentiality of account and password.

Members of the Funimation community are automatically given a generic avatar photo to represent them on the website. Members may update your avatar image at any time and as often as desired.

Forum

By posting to the forum, Members and Users agree to all forum rules.

Reviews

Members may post review content on the website. Funimation does not regularly review such content; however, Funimation reserves the right to remove reviews for any or no reason. By posting a review, you authorize Funimation to post the content on the website. Members may report inappropriate reviews.

Shop

Risk of Loss

Risk of loss and title for purchased items passes to Member and User once the items have been delivered to the shipping carrier.

Returns, Refunds, and Title

Funimation does not take responsibility for any returned items until the item arrives at the warehouse. It is at Funimation’s sole discretion on whether or not a refund will be issued without a returned item. For more information about returns and exchanges, please see our Returns Policy.

Product Descriptions

Funimation does not warrant that product or item descriptions, or other content on the Funimation website is accurate, complete, reliable, current, or error-free. If a product offered on Funimation.com is not as described, your sole remedy is to return it in unused condtion.

Pricing

The MSRP listed on Funimation.com represents the suggested manufacturer’s price listed on the actual product itself according to industry standard.

Although we will try our best to prevent this, occasionally, an item on Funimation.com may be mispriced. If we discover a mispricing before your item has shipped and the correct price is lower than what was stated on the website, then we will charge your payment method the lower price and then ship. If we discover a mispricing before your item has shipped and the correct price is higher than what was stated on the website, then we will contact you with instructions or cancel the order and notify you of the cancellation.

We will not charge your payment method until your order is ready to ship. We will not charge your payment method for subscription until your subscription has been activated.

Proprietary Rights in Site Content; Limited License

All content on the Site and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the “Site Content”), are the proprietary property of Funimation, its users or its licensors with all rights reserved. Funimation reserves the right to display and promote its content (licensed or otherwise) on the website in any manner it chooses. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Funimation’s prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible for funimation.com membership and have registered as a Member, you are granted a limited license to access and use the Site and the Site Content for your personal, non-commercial use. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other document, database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, is strictly prohibited and may terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

Trademarks

All trademarks, service marks, and trade names used on the Site or in the Service are proprietary to Funimation and are owned and controlled by Funimation or by other parties that have licensed their material to Funimation. All characters, images and logos are registered trademarks of Funimation or its content suppliers in the United States or other countries, and any such trademarks may not be used in connection with any product or service without the express written permission of Funimation or its licensor(s). Any images of persons or personalities contained on website are not an indication of endorsement of company unless otherwise indicated.

User and Member Conduct

You understand that the Service and the Site are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. Company reserves the right to terminate your membership if Funimation believes you are violating these terms.

In addition, you agree not to use the Service or the Site to:

• harvest or collect e-mail addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited e-mails or other unsolicited communications;
• use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
• use automated scripts to collect information from or otherwise interact with the Service or the Site;
• upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
• upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature;
• register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
• impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity through fraud or other form of social engineering;
• upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” ‘spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, e-mail addresses, Social Security numbers and credit card numbers;
• solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
• upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• intimidate or harass another;
• upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
• use or attempt to use another’s account, service or system without authorization from Funimation or from that account’s registered user, or create a false identity on the Service or the Site.
• grant access to any password-protected content, account, or areas of funimation.com to another unauthorized person.
• upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Funimation, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Funimation or its users to any harm or liability of any type.
• hack Funimation’s system or network.

User and Member Content Posted on the Site

You are solely responsible for the photos, images, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, “post”) on or through the Service or the Site, or transmit to or share with other Users or Members (collectively the “User Content”). You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You may not post any content that that is of a pornographic, extremely violent, repulsive or disturbing nature, or otherwise unsuitable for minors. You understand and agree that Funimation may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of Funimation violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to Funimation.

When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Funimation an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. User waives claims against Funimation for use of such materials and ideas, even if materials or ideas are substantially similar to idea user submitted. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that Funimation may retain archived copies of your User Content. Funimation does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.

Funimation allows users to post reviews, comments, and forum posts, blog posts, fan art, fan fiction, cosplay, and videos of a personal nature concerning content distributed by Funimation; however, Funimation shall not be liable for such content. It is your responsibility to evaluate content. Any opinions given by Third Parties are owned by their respective authors, and not by Funimation.

Third Party Websites and Content

The Site contains (or you may be sent through the Site or the Service) links to other web sites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site or relating to any applications you use or install from such Third Party Site. You may revoke Third Party Application’s access to your account at any time. For any technical support relating to the use of a Third Party Application, you should contact the Third Party and not Funimation.

DISCLAIMER

THIS SITE AND THE MATERIALS ON THIS SITE ARE PROVIDED BY FUNIMATION ON AN “AS IS” BASIS. FUNIMATION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FUNIMATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER FUNIMATION NOR ANY OF ITS AFFILIATED OR RELATED ENTITIES, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS SITE WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVER(S) THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FUNIMATION OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY.THE MATERIAL THAT YOU VIEW ON THIS SITE IS PROVIDED SOLELY FOR ENTERTAINMENT AND PROMOTIONAL PURPOSES. FUNIMATION DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

YOU EXPRESSLY AGREE THAT THE USE OF THIS SITE IS AT YOUR SOLE RISK. YOU (AND NOT FUNIMATION) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION INVOLVING YOUR COMPUTER OR YOUR INTERNET CONNECTION. YOU EXPRESSLY AGREE THAT NEITHER FUNIMATION, NOR ITS AFFILIATED OR RELATED ENTITIES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, OR DISTRIBUTION OF THIS WEB SITE ARE RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY, OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OF THIS SITE OR ANY OTHER FUNIMATION WEB SITE. FUNIMATION WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT FUNIMATION IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES.

Applicable Law and Exclusive Jurisdiction

This site is created, controlled and operated by Funimation from its offices within the State of Texas, USA. Funimation makes no representation that the Site or the Service or any content contained therein are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Any controversy or claim arising out of or relating to your use of the site may be finally settled by compulsory arbitration at the sole discretion of Funimation in accordance with the Federal Arbitration Act, subject to the following modifications: the arbitration proceeding will take place in Dallas, Texas, U.S.A. The arbitration award shall be final and binding regardless of whether one or the other parties fails or refuses to participate in the arbitration. The arbitral award will be the exclusive remedy of the parties for all claims, counterclaims, issues or accounting presented or pled to the arbitrator(s).

You agree to indemnify and hold Funimation, its affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or any Content that you post on, through or in connection with the Site.

Copyrights

Funimation respects the intellectual property rights of others, and asks that you do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Funimation’s Copyright Agent with the information specified below. Please note this procedure is exclusively for notifying Funimation and its affiliates that your copyrighted material has been infringed upon.

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed upon;
3. a description of where the material that you claim to be infringing is located on the Site;
4. your address, telephone number and e-mail address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

With respect to any claims of copyright infringement on any Funimation Website, Funimation’s Copyright Agent may be reached by certified mail, registered mail or e-mail (postage prepaid, return receipt requested) at:

Attn: Legal Department

Funimation Entertainment

1200 Lakeside Pkwy, Bldg 1

Flower Mound, TX 75028

This agreement, disclaimers, terms, and conditions, shall be governed by, construed, and enforced in accordance with the laws of the State of Texas, as it is applied to agreements entered into and to be performed entirely within such State, without giving effect to any principles of conflicts of laws. ANY ACTION YOU, ANY THIRD PARTY, OR FUNIMATION BRING TO ENFORCE THIS AGREEMENT OR OTHERWISE BROUGHT IN CONNECTION WITH ANY MATTERS RELATED TO THIS SITE SHALL BE BROUGHT ONLY AND EXCLUSIVELY IN EITHER THE STATE OR FEDERAL COURTS LOCATED IN TARRANT COUNTY, TEXAS, AND YOU EXPRESSLY CONSENT TO THE EXCLUSIVE JURISDICTION OF SAID COURTS. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions contained herein. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing by Funimation. Funimation reserves the right, in our sole and absolute discretion, to change, modify, add, or remove portions of our sites and these disclaimers, terms, and conditions at any time.

Last updated: May 24^th, 2016