How secure is Fun Express's® site?
FunExpress.com Privacy Notice
FunExpress.com understands that you want to know how information about you is used and shared and knows the importance of protecting your credit card information. This Privacy Notice describes the FunExpress.com policy for online customer privacy. By visiting or using FunExpress.com, you are accepting the policies described in this Privacy Notice.
Credit Card Security. FunExpress.com is equipped with Secure Socket Layer (SSL) software which means all personal data you send us (name, address, credit card information, etc.) is encrypted during the transmission process and can only be read by our Customer Service Department. The following browsers support SSL software:
- Microsoft Internet Explorer 2.0 or higher
- America On-line for Windows 3.0 or higher
Shopping with FunExpress.com is 100% secure - guaranteed!
We will keep your personal info and credit card info safe!
To keep your data safe, we use a variety of methods, including passwords, encryption technology and secured networks.
- Passwords: We ask you to come up with a password when you create an account with funexpress.com. It's an additional password, but it will help keep your data safe. Keep your password confidential and make it something that would be difficult for others to guess.
- Encryption: We also keep your data safe using encryption technology called Secure Socket Layer (SSL) software. This helps protect your information (name, address, credit card info, etc.) when you enter it on funexpress.com and during its transmission across the Internet.
- Security Standards: Keeping your credit card info and other payment methods secure is especially important to us. That's why we meet or exceed all applicable requirements of the Payment Card Industry Data Security Standards (PCI DSS), which is a set of security standards created by the credit card industry designed to keep cardholder info safe and secure. Our PCI DSS compliance is validated by independent third-party assessment. We also use other methods, including firewalls, to keep your information as secure as possible.
We collect the info you give us, and we use it to help you.
You know that we collect and maintain some of your information. For example, you provide your name, address, phone number, email address, credit card information and other data when you place an order, enter a contest or giveaway, request a catalog or make use of other aspects of our website. What do we do with this information? Among other things, we use that info to communicate with you, collect payment for products you purchase, respond to your questions, send information, promotions and catalogs to you, and to customize your shopping experience. We also may receive and use data about you from other sources and add it to our account information. For example, we might get an updated delivery address from one of our shippers.
You gave us your email address. What is it used for?
We may use your email address to communicate with you and for our promotional email marketing. You should notice amazing deals and promotions in your in-box! But if your emails are getting too cluttered and you'd like to unsubscribe from receiving those promotional emails, then you can find out how to unsubscribe by clicking here. Instructions on unsubscribing are also included in every email.
We know your address. What do we do with that?
Because we have your mailing address, we may send you catalogs packed full of fun and amazing values. Just an FYI, you might receive Fun Express catalogs and other catalog titles from us or our affiliates. From time to time, our catalog mailing list may be shared, rented or exchanged with other responsible businesses, vendors and service providers. If you do not want your name shared with businesses unaffiliated with Fun Express or if you do not want to receive our catalogs, please call 1-800-875-8494 or fax us at 1-800-228-1002. Just know that it may take us two to four weeks to remove your name from our list. Our mailing address is 4206 S. 108th St., Omaha NE 68137.
What are “cookies” that websites like ours use?
We have rules and limits about sharing your personal information.
We want to be clear about what we're doing with your information:
- We do not rent or exchange your email address, but we may use it as described in this policy and share it with our affiliated businesses, vendors and service providers, and with merchants whose websites link with ours.
- We may share, sell, transfer or assign customer information in connection with a merger, consolidation, sale of assets, joint venture, partnership, consulting engagement, service provider, or other business transaction or contract.
- Third-party businesses may also use or have access to your information when we engage them to send mail and email, analyze data and customer lists, conduct marketing, process accounts receivable, and other functions. That information may include details about your purchases, and it may be used to target advertising on other sites or applications. You can opt out of receiving targeted advertisements by visiting one of the following websites:
- Network Advertising Initiative (NAI): www.networkadvertising.org/choices/
- Digital Advertising Alliance (DAA): www.aboutads.info/
- Some internet browsers have a “Do Not Track” (DNT) feature that lets you tell websites that you do not want to have your online activities tracked. We currently are not able to interpret or respond to DNT signals, but we do provide you the option to opt out of interest-based advertising outlined in the paragraph above.
You've moved or opened a new email account. Now what?
With the most up-to-date information, we can make sure we're delivering the merchandise you ordered to the right spot! You can update your billing information or shipping information by accessing your account in the My Account section at funexpress.com. There also is an email address update link in every promotional email that we send you.
We love to get social with you!
- Social media widgets: Fun Express uses social media features including the Facebook Share button, and Pinterest and Twitter widgets. First off, what’s a widget? Well, it’s basically a doorway to an app on your device. You can peek inside (look at information) or walk through (open and use the app). These features and widgets may collect information such as your IP address and which specific page you’re visiting on our website through cookies or tracking technologies. A third party might host these features, and interactions with them fall under the third party’s privacy policies.
- Social media ads: We’re all used to seeing targeted ads on our social media feeds. Fun Express uses them, too. These targeted ads follow the policies of the social media platform that they’re on.
Our toys are made for kids, but adults do the buying!
Our website does not sell products for purchase by children. Many of our products are toys designed for kids to play with or craft kits meant for kids, but those products are intended for purchase only by adults. So if you're under the age of 16, you may use this website only with permission of or supervision by a parent or guardian.
We only operate in the United States.
Our website conducts business solely in the United States. Our website does not offer goods or service to subjects of the European Union, does not accept orders from subjects in the European Union, and does not monitor behavior of subjects in the European Union for subsequent data processing, profiling or predicting personal preference, behaviors or attitudes.
Nevada law allows Nevada residents to opt-out of the sale of certain types of personal information. Subject to a number of exceptions, Nevada law defines “sale” to mean the exchange of certain types of personal information for monetary consideration to a person for the person to license or sell the information to additional persons. We do not currently sell personal information as defined in the Nevada law. However, if you are a Nevada resident, you still may submit a verified request to opt-out of sales and we will record your instructions and incorporate them in the future if our policy changes. Opt-out requests may be made by calling 1-800-875-8494.
What happens if this policy changes?
Intellectual Property. Fun Express® and other marks indicated on our site are trademarks of Fun Express, LLC. All content on this website, including, without limitation, the text, graphics, website design, icons, and images, is the property of Fun Express, LLC and Fun Express, LLC owns the copyrights and trade dress rights in the content, the selection, arrangement and compilation thereof. Fun Express, LLC grants you a limited license to make personal use of this website. The license permits you to download and save a single copy of pages on this website for your own personal and non-commercial use, but any other reproduction, copying, modification, redistribution, or republication of any of the content of this website in any manner without the express written consent of Fun Express, LLC is strictly prohibited. You are also prohibited from using this website or any content for any resale or commercial purpose or any exploitation of any part of the content of this website for the benefit of any other merchant.
Disclaimer, Exclusion of Warranties
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, WE MAKE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, OR ARISING BY CUSTOM OR TRADE USAGE AND, SPECIFICALLY, MAKE NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE MERCHANDISE ARE HEREBY SUPERCEDED, EXCLUDED AND DISCLAIMED. THE EXPRESS WARRANTY CONTAINED IN PARAGRAPH 6 HEREIN CONSTITUTES THE SOLE AND EXCLUSIVE WARRANTY MADE BY US AND IS IN LIEU OF ALL OTHER WARRANTIES. IN NO EVENT SHALL WE BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES OR LOST PROFITS, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF THE SAME IN ADVANCE. OUR AGGREGATE LIABILITY IN ANY EVENT IS LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU.
How do I opt-out of receiving communications from Fun Express®?
To unsubscribe from exclusive information on bargains, sales, and Internet-only sales, please click here.
Privacy. Please read our privacy policies. They also govern your use of this website and our use of information and data.
Intellectual Property. Fun Express® and other marks indicated on our site are trademarks owned by or licensed to Fun Express LLC. All content on this website, including, without limitation, the text, graphics, website design, icons, and images, is the property of or licensed to Fun Express LLC and Fun Express LLC owns or licenses the copyrights and trade dress rights in the content, the selection, arrangement and compilation thereof. Fun Express LLC grants you a limited license to make personal use of this website. The license permits you to download and save a single copy of pages on this website for your own personal and non-commercial use, but any other reproduction, copying, modification, redistribution, or republication of any of the content of this website in any manner without the express written consent of Fun Express LLC is strictly prohibited. You are also prohibited from using this website or any content for any resale or commercial purpose or any exploitation of any part of the content of this website for the benefit of any other merchant.
Acceptance and Delivery. We shall not be responsible for any delay in our performance beyond our control or beyond the control of our suppliers. The parties agree that, unless otherwise agreed to in writing and signed by both parties, shipping dates are approximate and that time is not of the essence. All orders by you constitute offers to purchase which are subject to acceptance or rejection by us in Omaha, Nebraska and any contract for the sale of goods by us is formed and performed in Nebraska. Our acceptance of any order from you is expressly conditional upon the terms and conditions set forth herein and we expressly limit our acceptance of your order to such terms and conditions and any additional or different terms proposed by you, whether oral, written or electronic are expressly rejected. Notwithstanding any other quoted delivery time, we shall ship merchandise ordered by you within 180 days or cancel the order for such merchandise. Unless and until you cancel an order, you consent to the backorder or delay in shipping of merchandise of up to 180 days. If an item is backordered, you may cancel such order at any time by providing notice of cancelation to us.
Payment Terms. Payment terms shall be governed by the terms on the packing slip or invoice and the credit terms extended by us, if any. Any such credit terms may be revoked by us at any time. Payment shall be due and payable on the date so specified. Past due balances remaining unpaid will be subject to a delinquency charge at the rate of 1½ percent per month or the maximum rate permitted by law, whichever is less; and you shall pay all our costs of collection of past due amounts, including but not limited to attorney fees and court costs. If credit terms are extended to you, you hereby grant a security interest in the merchandise purchased by you and all proceeds from the sale or disposition of such merchandise and appoint us as your attorney-in-fact to execute on your behalf any Uniform Commercial Code financing statements we deem reasonably necessary to perfect our security interest. You agree to pay $40.00 per check on all returned or insufficient funds checks. We agree and acknowledge that you tender payment for each order and we are authorized to charge your credit card or other charge account (whether we are or a third party is the creditor) only as of the day we ship the order and only in respect to the merchandise shipped. We have no authorization or right to payment prior to the day we ship the merchandise ordered by you.
Warranty and Risk of Loss. We shall, at our election, either repair, replace, or refund the purchase price, exclusive of shipping and handling charges, for any merchandise which is defective in workmanship or material and for which you make a claim within five (5) days after receipt of the merchandise. When making such a claim, you must submit both the original packing slip and the defective merchandise itself (or a sample thereof), unless these conditions are waived by us in writing. This paragraph constitutes our sole obligation as to the merchandise, and you acknowledge that this paragraph sets forth your exclusive remedy for any breach of warranty or other duty related to the merchandise or quality thereof. Any refund for merchandise shall not include shipping and handling, unless otherwise agreed by us in writing. At our discretion, we may charge a restocking fee, not to exceed twenty-five percent (25%) for returned merchandise. Title to the merchandise passes to you at and you bear all risk of loss from the time the merchandise is loaded onto common carrier to be shipped to you, regardless of whether we pay freight. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, WE MAKE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, OR WITH RESPECT TO ANY APPROVALS, CHARACTERISTICS, CERTIFICATIONS, INGREDIENTS, BENEFITS, USES, STANDARDS, QUALITY OR GRADE OF ANY MERCHANDISE, OR ARISING BY CUSTOM OR TRADE USAGE AND, SPECIFICALLY, MAKE NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE MERCHANDISE ARE HEREBY SUPERCEDED, EXCLUDED AND DISCLAIMED. THE EXPRESS WARRANTY CONTAINED IN THIS PARAGRAPH CONSTITUTES THE SOLE AND EXCLUSIVE WARRANTY MADE BY US AND IS IN LIEU OF ALL OTHER WARRANTIES. IN NO EVENT SHALL WE BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES OR LOST PROFITS, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF THE SAME IN ADVANCE. OUR AGGREGATE LIABILITY IS LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU.
Nonwaiver of Defaults. Each shipment made under any order shall be treated as a separate transaction, but in the event of any default by you, we may decline to make further shipments without in any way affecting our rights under such order. If, despite a default by you, we elect to continue to make shipments, or accept further orders from you, such action(s) shall not constitute a waiver of any default by you, or in any way affect our legal or equitable remedies for any such default, or of any default at any prior or subsequent time. Any refund, credit, gift certificate or discount due you may be offset against amounts owed to us.
Personalized Product. If your order includes personalization of product or the printing or other reproduction of trademarks, service marks, trade names, logos, messages or business symbols (“Marks”), you hereby grant to us the non-exclusive right and license to use such Marks on the products and to cause the products to be produced with the Marks. You further grant permission and consent to our use of a photograph or other likeness of the finished products for purposes of advertising or promoting our business relating to such personalization production work and merchandise sales. We shall have no right, title or other interest in the Marks except as expressly granted herein. You represent and warrant that you own the Marks and are authorized to license the Marks to us. You agree to indemnify and hold harmless us from any loss, liability, damage, claims, demands, actions, costs or expense of any nature (including attorney fees) arising out of or in any manner connected with your or our use of the Marks. We reserve the right to reject or rescind any order for personalized product in our sole discretion
Compliance with Laws and Indemnification. If you intend to resell, distribute or export any product, you agree to bear all responsibility for compliance with the laws, rules and regulations of the jurisdiction in which the product is resold or to which the product is distributed or exported, and you agree to indemnify, defend and hold us harmless from and against any and all costs, damages, liability, fines, penalties and expenses (including attorney fees) arising out of any such resale, distribution or exportation.
E-Commerce Reselling. In order to protect and preserve the goodwill and integrity of our brand, our customers’ satisfaction, and quality assurance, the resale of our products on amazon.com, walmart.com and other third-party ecommerce platforms by you, your affiliates or any other reseller is prohibited unless we consent to such resale in writing. Any such resale activity without our prior written authorization will be regarded by us as, inter alia, infringement or misappropriation of our trademarks, trade dress, copyrights, and other intellectual property and a deceptive trade practice, and we reserve the right to exercise all rights, remedies and measures available in the event of a violation of this paragraph.
Electronic Communications. WHEN YOU PROVIDE US WITH YOUR EMAIL ADDRESS OR TELEPHONE NUMBER, SEND US EMAILS OR VISIT OUR WEBSITE OR SOCIAL MEDIA CHANNELS, YOU ARE COMMUNICATING WITH US ELECTRONICALLY AND CONSENT TO RECEIVE COMMUNICATIONS FROM US ELECTRONICALLY. WE MAY COMMUNICATE WITH YOU BY TELEPHONE, EMAIL, TEXT, FACSIMILE, SOCIAL MEDIA OR BY POSTING NOTICES ON OUR WEBSITE. YOU EXPRESSLY CONSENT TO RECEIVE ANY SUCH COMMUNICATIONS AND AUTHORIZE US TO DELIVER OR CAUSE TO BE DELIVERED ADVERTISEMENTS OR TELEPHONE MESSAGES USING AUTOMATIC DIALING SYSTEMS OR PRERECORDED VOICE TO THE TELEPHONE NUMBERS YOU PROVIDE, AND YOU HEREBY WAIVE ANY CLAIMS BASED ON SUCH COMMUNICATIONS. YOU AGREE THAT ALL NOTICES, DISCLOSURES, AGREEMENTS OR OTHER COMMUNICATIONS WE PROVIDE ELECTRONICALLY SATISFY ANY LEGAL REQUIREMENT THAT SUCH COMMUNICATIONS BE IN WRITING.
International Trade. If you are purchasing merchandise for delivery or importation to a country other than the United States, you are solely responsible for and will comply with all applicable laws, rules, regulations, and treaties of the United States and the jurisdiction of the destination of the merchandise in connection with the transportation, exportation, importation, delivery, distribution and resale of the merchandise. You are also solely responsible for and shall obtain all certifications, declarations, accreditations, registrations, tests, licenses, permits, inspections, or similar requirements of any jurisdiction of the destination of the merchandise and shall bear all costs and expenses related thereto and shall bear all costs and expenses relating to any taxes, duties, levees, or assessments associated with the transportation, exportation, and importation of the merchandise. We make no representations or warranties with respect to the foregoing or that the merchandise is suitable for or will comply with applicable laws of any jurisdiction.
California Prop 65 Compliance and Notice. If you are a retail seller of consumer products and intend to resell any product in California or to California residents we provide this notice: THE PACKING SLIP OR INVOICE ACCOMPANYING THE SHIPMENT OF PRODUCT PROVIDES INFORMATION REGARDING WHICH, IF ANY, PRODUCTS WE SHIPS TO YOU MAY RESULT IN EXPOSURE TO ONE OR MORE OF THE PROP 65 LIST OF CHEMICALS, INCLUDING THE EXACT NAME OR DESCRIPTION OF THE PRODUCT, AND INCLUDES THE PROP 65 WARNING NECESSARY FOR LABELING, SHELF SIGNS, TAGS OR OTHER WARNING METHOD FOR RETAIL SALE OF THE PRODUCT. OUR CONFIRMATION OF DELIVERY OF THE SHIPMENT TO YOU CONSTITUTES CONFIRMATION OF RECEIPT OF THIS NOTICE BY YOU UNLESS YOU NOTIFY US IN WRITING WITHIN 15 DAYS OF THE DATE OF ANY SUCH SHIPMENT. YOU UNDERSTAND AND AGREE THAT IF YOU INTEND TO RESELL ANY OF THE PRODUCTS YOU ARE SOLELY RESPONSIBLE FOR THE PLACEMENT AND MAINTENANCE OF WARNING MATERIALS, INCLUDING WARNINGS FOR PRODUCTS YOU SELL OVER THE INTERNET. You agree to provide us with written notice prior to placing any order if you intend to distribute any product into the state of California and acknowledge and agree that any such distribution of product into the state of California may require appropriate Proposition 65 (Title 22 of the California Code of Regulations) warning labels. If you fail to provide such notice or fail to provide appropriate Proposition 65 warnings and distributes any product into the state of California, you agree to indemnify, defend and hold us harmless from and against any and all costs, damages, liability and expenses (including attorney fees) arising out of any alleged Proposition 65 violations.
You represent and warrant that the Content you post or submit is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and that you will indemnify us for all claims resulting from Content you supply. We take no responsibility and assume no liability for any Content posted by you or any third party.
You understand and agree that we do not necessarily pre-screen or monitor any user Content but may prescreen, monitor or review after initial posting user Content for a variety of reasons, including, without limitation, compliance with these terms. We reserve the right, but have no obligation, to remove or edit Content that violates these terms, but we do not regularly review posted Content.
Copyright Infringement Notification Procedure. We respect the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement, please send our Copyright Agent a notification of claimed infringement with all of the following information:
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on our website;
- information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
- 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;
- a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
- your physical or electronic signature.
Our Copyright Agent for notice of claims of copyright infringement on our site can be reached with the contact information below:
IP Law Group
Fun Express LLC
5455 South 90th Street
Omaha, NE 68127
phone: (402) 829-4777
fax: (402) 829-4489
By submitting a copyright infringement notice, you acknowledge and agree that we may forward your copyright infringement notice and any related communications to any users who posted the material identified in such notice.
Please do not send notices or inquiries unrelated to alleged copyright infringement to our designated agent.
Counter-Notification Process. If you believe that your Content, or Content for which you have the authorization from the copyright owner or the copyright owner’s agent, has been removed due to a copyright infringement notice we received in error, you may send us a counter-notification directed to the Copyright Agent listed above. Your counter-notification must be in writing and include the following information:
- your physical or electronic signature;
- identification of the material that has been removed or to which access has been disabled and the location where the material previously appeared before it was removed or disabled;
- a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- your name, address, and telephone number and a statement that you consent to the jurisdiction of the District of Nebraska, and agree to accept service of process from the person who submitted the original copyright infringement notice that resulted in your user Content being removed (or an agent of such person) in the event he or she elects to file suit.
By submitting a counter-notification, you acknowledge and agree that we may forward your counter-notification and any related communications to the person who submitted the original copyright infringement notice that resulted in the removal of your user Content or to other third parties.
Miscellaneous. No amendment, modification or addition to these terms and conditions shall be binding unless expressly agreed to in writing and signed by us. These terms and conditions shall be binding upon you, your permitted successors and assigns, and shall inure to the benefit of us. Any waiver by us of any part herein shall not constitute a waiver of any other part. These terms and conditions shall be construed under and governed by the substantive laws and not the choice of law rules of the state of Nebraska. You consent to and agree that any state or federal court in Douglas County, Nebraska shall have personal and subject matter jurisdiction over you and this Agreement; that Nebraska has the most significant contacts with this Agreement, to the exclusion of any other state; and that any legal dispute brought by either you or us relating to this Agreement will be instituted in Douglas County, Nebraska. You expressly consent and agree to receive communications regarding any order or transaction from us by electronic mail and facsimile.