Terms of service
Terms of Service
Overview
Welcome to Why The Fun! Throughout the site, the terms “we”, “us” and “our” refer to Why The Fun. Why The Fun operates this store and website, including all information, content, features, tools, products, and services available from this order to you, the customer, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here to provide you with a curated shopping experience (collectively, the "Services"). Why The Fun is powered by Shopify technology, which enables us to provide these Services to you.
The following terms and conditions, along with any policies referenced herein (collectively, "Terms of Service" or "Terms"), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they contain important information regarding your legal rights and cover disclaimers and limitations of liability.
By visiting, using, or interacting with our Services, you agree to be bound by these Terms of Service and our Privacy Policy [Link]. If you do not agree to these Terms of Service or the Privacy Policy, please do not use or access our Services.
Section 1 - Access and Account
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and that you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be required to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide to our store is accurate, current, and complete, and that you have all necessary rights to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all activities that occur under your account. You may not transfer, sell, assign, or sublicense your account to any other person.
Section 2 - Our Products
We make every effort to display our products and services as accurately as possible in our online store. However, please note that due to the type of device you use to access the store, as well as your device's settings and configurations, product colors or appearances may differ from what is displayed on the screen.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations, nor do we warrant that they will be identical to the descriptions or presentations in our online store.
We reserve the right, at our sole discretion, to change all product descriptions at any time without prior notice. We reserve the right to discontinue any product at any time, and may, on a case-by-case basis, limit the quantities of any products we offer to any person, geographic region, or jurisdiction.
Section 3 - Orders
When you submit an order, you are making an offer to purchase. Why The Fun reserves the right, in its sole discretion, to accept or reject your order for any reason. Your order is not accepted until confirmed by Why The Fun. We must receive and process your payment before accepting your order. Please check your order carefully before submission, as Why The Fun may not be able to accommodate cancellation requests once the order has been accepted. If we do not accept, change, or cancel an order, we will attempt to notify you via the email, billing address, and/or phone number provided at the time the order was placed.
Products you purchase may only be returned or exchanged in accordance with our Refund Policy [Link].
Your purchases are for your personal or household use only and may not be used for commercial resale or export.
Section 4 - Pricing and Billing
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is submitted and will be set out in your order confirmation email. Unless explicitly stated otherwise, published prices do not include taxes, shipping, handling, duties, or import fees.
Prices published in our online store may differ from prices offered in physical storefronts, other online stores, or shops operated by third parties. We may from time to time offer promotions that affect pricing, which are governed by separate terms and conditions outside of these Terms. In the event of a conflict between the promotion terms and these Terms, the promotion terms shall control.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you supply is true, correct, and complete, (ii) you are fully authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
Section 5 - Shipping and Delivery
We are not responsible for shipping and delivery delays. All delivery times are estimates only and cannot be guaranteed. We are not liable for delays caused by shipping carriers, customs processing, or events beyond our control. Title and risk of loss transfer to you once we transfer the items to the shipping carrier.
Section 6 - Intellectual Property
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, as well as their design, selection, and arrangement, are owned by Why The Fun, its affiliates, or its licensors, and are protected by United States and foreign patent, copyright, and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the materials on our Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or should be construed as granting you a license or any other right to use any patent, trademark, copyright, or other intellectual property of Why The Fun, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. Why The Fun reserves all rights not expressly granted in these Terms.
The Why The Fun name, logo, product and service names, designs, and slogans are trademarks of Why The Fun or its affiliates or licensors. You must not use such marks without the prior written permission of Why The Fun. The Shopify name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans in the Services are the trademarks of their respective owners.
Section 7 - Optional Tools
As part of the Services, you may be provided with access to third-party customer tools which we neither monitor nor have any control or input over.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and subject to these Terms of Service.
Section 8 - Third-Party Links
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party features). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party websites, you do so at your own risk.
We are not liable for any harm or damages related to your access to any third-party websites, or the purchase or use of goods, services, resources, or content made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.
Section 9 - Relationship with Shopify
Why The Fun is powered by Shopify technology, which enables us to provide the Services to you. However, any sales and purchases made in our store are conducted directly with Why The Fun. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Why The Fun, including any injury, damage, or loss arising from the purchase of products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising out of or in connection with your purchases and transactions on Why The Fun.
Section 10 - Privacy Policy
All personal information we collect through the Services is governed by our Privacy Policy (available here [Link]), and certain personal information may simultaneously be subject to Shopify’s Privacy Policy (available here). By using the Services, you acknowledge that you have read this Privacy Policy.
Because the Services are hosted by Shopify, Shopify collects and processes personal information regarding your access to and use of the Services to provide and improve the Services. Information you submit to the Services will be transferred to and shared with Shopify and third parties (which may be located in countries outside your country of residence) to provide the Services to you. Please refer to our Privacy Policy [Link] to learn more about how we, Shopify, and our partners use your personal information.
Section 11 - Feedback
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use. For example, we may use the rights enjoyed under this license to operate, provide, evaluate, enhance, improve, and promote the Services, and to perform obligations and exercise rights under these Terms of Service.
You also represent and warrant that: (i) all Feedback and all necessary rights therein are owned by you; (ii) you have disclosed any compensation or incentives received for submitting the Feedback; and (iii) your Feedback complies with these Terms. We are and shall be under no obligation (1) to maintain any Feedback in confidence; (2) to pay compensation for any Feedback; or (3) to respond to any Feedback.
We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.
Section 12 - Errors, Inaccuracies, and Omissions
Occasionally there may be information in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
Section 13 - Prohibited Uses
You may access and use the Services only for lawful purposes. You shall not access or use the Services: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) 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 Why The Fun, Shopify, or users of the Services or expose them to liability.
Additionally, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, crawl, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the Services; (e) use any robot, spider, scraper, data gathering and extraction tools, automated device or process, AI tools (such as agentic AI), or automated or manual means to access the Services; or (f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures used by us to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time without notice if we determine you have violated any part of these Terms.
Section 14 - Agents
14.1 This section applies if you use, allow, enable, or facilitate the deployment of an Agent to access, use, or interact with any of the Services (hereinafter "Agent Terms"). "Agent" means any software or service that acts on behalf of, or under the direction of, an individual or entity to take autonomous or semi-autonomous actions without direct human supervision or on an individual's device.
14.2 No Agent may access, use, or interact with the Services unless it identifies itself at all times and operates in strict accordance with the requirements of Section 14.4 below. Furthermore, no Agent may access, use, or interact with any Service if we request the Agent to refrain from doing so.
14.3 We may restrict (including through technical measures) whether and how any Agent accesses, uses, and interacts with the Services.
14.4 An Agent must: (i) in all HTTP/HTTPS requests, identify that the request originates from an Agent and disclose the Agent name by including the following in the request's User-Agent string: "Agent/[agent name]"; (ii) not conceal or obscure the fact that any access, use, or interaction originates from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures designed to distinguish computer use from human use; (iii) respond truthfully to any questions or prompts seeking to determine whether an interaction originates from a human or a computer; and (iv) not circumvent or otherwise avoid any measures designed to block, restrict, modify, or control whether and how an Agent accesses, uses, or interacts with the Services.
Section 15 - Termination
We may terminate this agreement or your access to the Services (or any part thereof) at any time at our sole discretion without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following provisions shall survive termination: Intellectual Property, Feedback, Termination, Disclaimers, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any provisions that by their nature should survive termination.
Section 16 - Disclaimer of Warranties
The information displayed or provided on or through the Services is for general information purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
Except as expressly provided by Why The Fun, the Services and all products provided through the Services are provided for your use "as is" and "as available", without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee, represent, or warrant that your use of our Services will be uninterrupted, timely, secure, or error-free. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimer may not apply to you.
Section 17 - Limitation of Liability
To the maximum extent permitted by law, in no event shall Why The Fun, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors, or such personnel of Shopify and its affiliates, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Services or any products procured using the Services, or for any other claim related in any way to your use of the Services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available via the Services, even if advised of their possibility.
Section 18 - Indemnification
You agree to indemnify, defend, and hold harmless Why The Fun, Shopify and its affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim (including reasonable attorneys' fees) made by any third party due to or arising out of: (1) your breach of these Terms of Service or the documents they incorporate by reference; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services.
We will notify you of any claim subject to indemnification, provided that failure to give prompt notice will not relieve you of your obligations unless you suffer material prejudice as a result. We may control the defense and settlement of such claims (including the selection of counsel) at your expense, but we will not settle any claim requiring you to assume a non-monetary obligation without your consent (which shall not be unreasonably withheld). You shall cooperate in the defense of any indemnification claim, including providing relevant documents.
Section 19 - Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and充分enforceability of any other remaining provisions.
Section 20 - Waiver; Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section 21 - Assignment
You may not delegate, assign, or transfer this agreement or any rights or obligations under these Terms without our prior written consent, and any such attempted assignment shall be void. We may assign, transfer, or delegate these Terms and our rights and obligations without notice or consent.
Section 22 - Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or regional courts of the jurisdiction where Why The Fun's headquarters are located. You and Why The Fun agree that such courts shall be courts of competent jurisdiction and have personal jurisdiction.
Section 23 - Headings
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 24 - Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will become effective on the date specified in the notice. Your continued use of or access to our Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section 25 - Contact Information
Questions about the Terms of Service should be sent to us at contact@whythefun.com.