PPT may periodically modify the Terms without notice. Changes to the Terms will be effective (a) 30 days after we provide you with email notice of the changes or (b) the date on which they are posted on the Sites. If you do not agree to any change to the Terms, you must cease use of the site. Your continued access and use of any of the Sites signifies your acceptance of the Terms as modified.
ANY DISPUTE BETWEEN YOU AND PORTLAND POP! TRAIN MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION, AS MORE FULLY DESCRIBED BELOW.
Portland Pop! Train Sales and Services
Third Party Products/Services and Websites
In addition to products available for purchase, the site may provide you with the ability to access products, content, and services offered by or maintained by third parties. In some cases these may be accessible directly through the site. In others, access may be via links from the site to third party websites. Regardless, Portland Pop! Train is not responsible for the products, content or services available from third parties - even if they are provided through our site - or for how third party sites are managed or the terms applicable to your use of them. Your access to and use of these third party materials and websites is governed by the terms established by their owners/operators. You are responsible for reading those terms before you access or use the third party products or websites. Portland Pop! Train accepts no responsibility for any third party materials or websites or for any losses or damages that may arise from your purchase or use of them. If you decide to access or use any third party materials or websites, you do so exclusively at your own responsibility and risk and you waive and release Portland Pop! Train from all claims associated with them.
Proprietary Rights and License
All of the products, content and services available through the site are protected by copyright owned by various manufacturers and their licensors or licensees. This includes all products, product descriptions, videos, text, graphics, logos, images, photographs, artwork, derivative works, software, and any other material or information published on or used in connection with the site (collectively, the “Site Content”). Similarly all trademarks, service marks, trade names, trade dress and other indicia identifying the site, PPT or the products or services available through the site ("Marks") are owned by PPT or it licensors or licensees. You do not obtain any rights in any of the products, content, or services available on the site or other Site Content or the Marks by your use of the site or otherwise. However, so long as you comply with these Terms, you do receive a limited license to use them as provided below. All rights in the products, content or services and other Site Content and Marks are reserved to their respective owners. Subject to these Terms, Portland Pop! Train grants you a personal, non-transferable, and non-exclusive limited license to access and use the site for your own personal, non-commercial use. This license includes the right to (a) copy and download materials from the site as needed for you to view them through your browser and (b) print screen shots of products, product descriptions, and similar materials for your personal reference use, provided you do not delete or modify any copyright or other proprietary notices. Portland Pop! Train may terminate this license upon notice to you, in which case you must cease all use of the licensed materials. Except as otherwise expressly permitted, you are not permitted to make any other use of the site or the Site Content. In addition to the above license, some products, content and services may have their own license terms. For example, videos, software, and games will all have their own license terms which are in addition to these Terms.
As above, the license granted to you by Portland Pop! Train is limited. It is also subject to certain restrictions. Unless PPT give you express written authority, you may not (a) resell any of the products, content or services or any other Site Content (or any portion thereof) on the Sites; (b) distribute, publicly perform, or publicly display any of the above; or (c) modify or make any derivative uses of the Sites or the Site Content (or any portion thereof).
In addition, under no case are you permitted to:
Any use of the site or Site Content other than as expressly permitted by these Terms will constitute a violation of the Terms and may constitute infringement of PPT's intellectual property and other proprietary rights and a violation of applicable law.
All purchases from the site and from PortlandPopTrain.com are subject to these Terms, including Portland Pop! Train's policies for cancellations, replacements, shipping, pricing, and payments all of which are located at: PortlandPopTrain.com/terms. In addition, some purchases are subject to individual purchase terms and instructions, which are listed on the applicable product page(s). Before making any purchase, you should be sure to read the Terms AND the terms on the Site carefully. In the event of a conflict between the general purchase terms here and the individual purchase terms, the individual purchase terms will govern.
Portland Pop! Train attempts to ensure that the content, product descriptions, prices, and other information on the site are as accurate as possible. However, Portland Pop! Train does not warrant or guarantee that any information on the site is accurate, complete, or error-free, and PPT undertakes no commitment or obligation to update any content, product descriptions, or other information on the Sites. PPT may at any time change the contents, product descriptions, or other information on the site, and/or any aspect of the site, without prior notice. Portland Pop! Train also reserves the right to limit quantities of any 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 Portland Pop! Train’s sole discretion.
As to products and services that may be featured on the site, PPT makes every effort to display as accurately as possible such products and services. However, the colors, dimensions, and details that you see on your computer monitor may vary depending on your equipment. PPT cannot guarantee that your equipment will accurately display the details of our products and services.
By purchasing products, content or services through the site, you agree to comply with all of the Terms. You also represent that you are 18 years of age or older. If a purchase is made by a minor, Portland Pop! Train is under no obligation to offer a refund but may do so at its discretion.
You can purchase collectible items from the site. When you purchase these items, Portland Pop! Train ships them to you according to PPT's payment, shipping and return policies. Unlike digital content and software, when you purchase these collectibles, you own the physical item. But, like software and other products for which you may purchase a license, you do not obtain any rights in any of the intellectual property embodied in these items. Each manufacturer retains all copyright, trademark, trade dress and other rights in them and your use of them is subject to that manufacturer's retained rights.
Communications with PPT
Portland Pop! Train likes to hear from you. However, in your communications with PPT, please keep in mind that, unless we specifically request them, PPT does not solicit or wish to receive any confidential, secret or proprietary information or other material from you through the site, by e-mail or in any other way, and Portland Pop! Train does not accept or consider any ideas or suggestions relating to products, services, marketing plans, or any other matters.
Any such submissions, materials, content, information, creative works, demos, ideas, questions, comments, answers, suggestions, concepts, methods, systems, designs, plans, techniques or the like submitted to PPT via the site, mail, e-mail or otherwise, or transmitted, posted, or uploaded by you to the site (collectively, "Your Submissions") will be treated as non-confidential and nonproprietary, and PPT will not assume any responsibility, obligation, or liability for them or for PPT's receipt or non-receipt of them. PPT may delete or destroy Your Submissions at any time. Portland Pop! Train's receipt of Your Submissions is not an admission by PPT of their novelty, priority, or originality, and it does not impair Portland Pop! Train's right to contest existing or future intellectual property rights relating to Your Submissions.
By submitting or sending Your Submissions to Portland Pop! Train, you grant PPT a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and fully transferable, assignable and sub-licensable right and license to copy, reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, and otherwise use or exploit Your Submissions throughout the world in any and all media. You represent and warrant that: (a) you have the right and authorization to make the foregoing grant without the consent of any third party, and (b) Your Submissions are accurate and, as permitted to be used by Portland Pop! Train under these Terms, do not and will not infringe any right of any third party.
By creating a User Account or sending e-mail to Portland Pop! Train, you consent to receive email communications from us. Furthermore, you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via the site or otherwise, satisfy any legal requirement that such communications be in writing.
Portland Pop! Train reserves the right, without any limitation whatsoever, to: (a) investigate any suspected breaches of security for the site or its information technology or other systems or networks, (b) investigate any suspected breaches of these Terms or violations of any additional terms, conditions and rules posted in connection with a particular service or feature on the site, (c) involve and cooperate with law enforcement authorities in investigating any such matters, (d) prosecute violators of these Terms to the full extent of the law, (e) delete or modify any content on the site, including any materials or items you may have acquired through your use of the site, and (f) discontinue any of the site or terminate your access to them at any time, without notice, for any reason and without any obligation to you whatsoever.
PPT has adopted reasonable security measures to protect against the loss, misuse, and alteration of the personal information under our control. We use Secure Sockets Layer technology to protect highly sensitive information such as credit card data during transmission, and adopt careful internal procedures to safeguard this information in our system. Nevertheless, we cannot guarantee complete security of personal information.
Notice to International Visitors
The site and the servers that make them available are located in the United States of America. If you reside in another country, these Terms may conflict with the laws of your country. In the event of such a conflict, these Terms will govern to the extent that they are valid and enforceable under applicable United States laws.
Portland Pop! Train makes no representation that the site are appropriate or available for use beyond the United States of America. If you use the site from other locations, you are responsible for compliance with applicable local laws.
Banners, Advertisements and Promotions
Portland Pop! Train reserves the right to post banners, advertisements, promotions, and similar content throughout the site. Portland Pop! Train may also allow advertisers and corporate partners to post content on the site. This content may be targeted to users based on information they provide through use of the Sites or other information. PPT does not control, endorse or adopt any such activity and we make no representation or warranties of any kind regarding it. Any interactions, correspondence, and business dealings that you have with any advertisers and other third parties found on or through the site (including via the linked third-party sites) are solely between you and the third party (including, without limitation, issues related to the content of third party advertisements, payments, delivery of goods, warranties, and the like). Portland Pop! Train disclaims all liability in connection with them.
Portland Pop! Train will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act ("DMCA"), as set forth below. If you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper posting or distribution of it via the Sites, then send Portland Pop! Train a written notice that includes all of the following:
Portland Pop! Train will only receive DMCA notices by mail, e-mail, or facsimile directed to Portland Pop! Train'S Designated Agent at the addresses below:
Portland Pop Train, LLC
Attention: Legal Department
PO Box 14271
Portland, OR 97293
By E-Mail: email@example.com
Portland Pop! Train may elect to not respond to DMCA notices that do not comply with all of the foregoing requirements, and PPT may elect to remove allegedly infringing material that comes to its attention via notices that do not comply with the above.
Warranty Disclaimers and Waiver
THE SITES, AND ALL SITE CONTENT, MANUFACTURER PRODUCTS AND SERVICES, AND OTHER MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR MADE AVAILABLE IN CONNECTION WITH THE SITES 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. PORTLAND POP! TRAIN ALSO DISCLAIMS ANY WARRANTIES REGARDING THE ACCURACY, SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY, COMPATIBILITY, AND PERFORMANCE OF THE SITE AND INFORMATION THEREON. FUNKO FURTHER DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH ANY CONTENT ON THE SITE. FINALLY, PPT 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 PPT, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS WITH RESPECT TO THE SITES, ANY CONTENT ON THE SITES, AND ANY PPT 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
Portland Pop! Train 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 site or resulting from use of or reliance on the information present, even if PPT may have been advised of the possibility of such damages. If you are dissatisfied with the site, you do not agree with any part of these Terms, or you have any other dispute or claim with or against PPT with respect to these Terms or the Sites, then your sole and exclusive remedy is to discontinue using the site. 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 (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) 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, Portland Pop! Train'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.
Without limiting any provision in the previous section, Portland Pop! Train 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 PPT's obligations in relation to the sales products if the delay or failure was due to any cause beyond Portland Pop! Train's reasonable control. Causes beyond PPT'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 PPT 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.
You agree to indemnify, defend and hold Portland Pop! Train, its officers, directors, employees, agents, licensors and suppliers harmless from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and costs, resulting from any violation of these Terms or any activity related to use of the site by anyone using your User Account or password.
Binding Arbitration; Class Action Waiver
Except for matters relating to the enforcement of Portland Pop! Train's intellectual property rights, all disputes, controversies, or claims arising out of or relating in any way to the site, your participation in any of the features available through them and/or your purchase of any products, content or services shall be finally resolved by as provided below. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE WITH PPT BEFORE A JUDGE OR JURY. The arbitral tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of this agreement to arbitrate. You and PPT agree to arbitrate solely on an individual basis and expressly waive the ability to participate in a class or representative proceeding, including any class arbitration or representative arbitration proceedings. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the agreement to arbitrate will remain in force. To the extent that you or PPT opts out of arbitration following the procedure set forth below, or if this arbitration agreement is found inapplicable to a dispute between us, you and PPT expressly waive the ability to participate in any class or representative litigation.
If a dispute arises that is subject to arbitration, you must give Portland Pop! Train written notice and an opportunity to resolve it. Your notice must include your name, your address, a written description of the dispute, and a specific description of the relief you are seeking. If Portland Pop! Train does not resolve our dispute within forty-five (45) days after receiving your notice, you may pursue arbitration as below by sending a written demand for arbitration to PPT at the address set forth above in "Copyright Claims."
Any dispute or claim that is subject to arbitration but is not resolved by the pre-arbitration dispute process, shall be submitted to binding arbitration. The disputes and claims subject to arbitration will be resolved by a single arbitrator mutually agreed upon by you and PPT. If we cannot agree on an arbitrator, then an arbitrator shall be selected pursuant to Rule 12 of the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator shall be bound by and shall strictly enforce these Terms and any other applicable agreement between us, and may not limit, expand, or otherwise modify any such terms. The arbitrator may award any relief that a court of law could, applying the limitations of liability contained in these Terms. The arbitrator may award injunctive relief if permitted by law – but the injunctive relief awarded by the arbitrator may not extend beyond our dealings with one another. Any arbitration will be held in Portland, Oregon, unless otherwise agreed upon by you and PPT in writing. You and Portland Pop! Train will each bear its own expenses in the arbitration and will share equally the costs of the arbitration; provided, however, that the arbitrator shall award costs and fees to the prevailing party if it is determined that the other party submitted a claim with no reasonable basis or filed any claim in bad faith.
You may opt out of the agreement to arbitrate by providing written notice of your intention to do so to PPT at the address above no later than 60 days after initial acceptance of these Terms. The procedure spelled out herein is the only way to opt out of arbitration, and any attempts to opt out after the deadline set forth herein will be ineffective. Notwithstanding your decision to opt out of arbitration, you still waive the ability to participate in any class or representative litigation.
Because the Sites and these Terms concern interstate commerce, the Federal Arbitration Act governs the interpretation and enforcement of the arbitration rules (notwithstanding the application of Oregon law to any underlying claims as provided above). You agree the arbitration and other provisions of this section "Binding Arbitration; Class Action Waiver" survives any termination of these Terms.
The Terms shall survive termination of your agreement with Portland Pop! Train. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Last updated: December 1, 2021