TERMS & CONDITIONS OF USE

These Terms and Conditions (the “Terms”), as modified from time to time, apply to your use of FIN FUN’S Custom Tail Creator software. We refer to the Custom Tail Creator as “Custom Tail Creator”, “Custom Tails”, “the Site” or sometimes, “the Services.”

Before you enter the Custom Tail Creator and use any of the Services or upload/purchase a Custom Tail design, it is important that you carefully review all the Terms you agree to before we can grant you access. In addition, specific pages on the Site may set out additional terms and conditions, all of which are incorporated by reference into the Terms.

By entering and using the Services, you accept the Terms and agree that you are bound by and subject to them. You also agree to the terms of the Fin Fun Privacy Policy located at https://finfunmermaid.com/policies/privacy-policy. In other words, these Terms are a binding legal agreement between you and Blue Spring Partners, LLC dba Fin Fun (“Fin Fun,” “we” or “us”), in which you promise that you will use the Site only in a manner that is consistent with the Terms. If you have questions about the Terms, please contact us at info@finfun.com. If you do not agree with the Terms, you may not proceed to access the Site or use the Services. If you are under 18 years of age, you may not accept these Terms or use the Custom Tail Creator. Your parent or guardian must agree to these Terms for you and assist you with account use and access.

I. CONTENT RESTRICTIONS

To ensure that our Service remains available to our customers as a unique way to express their individual creativity, we require that every user of the Service refrain from uploading, or otherwise using the Service to process “Prohibited Content.”

Generally, Prohibited Content includes (without limitation) any of the following:

1. Content deemed, at the sole discretion of Fin Fun, to be defamatory, slanderous, offensive, deceptive (including content sent from an anonymous or false address), or otherwise inappropriate, including, but not limited to, any pornographic, crude, obscene, explicit, violent, derogatory, or alcohol- or drug-related content.
2. Material that is used without the express permission of the rights owner, including (but not limited to) graphics, logos, type fonts, photographs, or other works of art that are not your original creation.
3. Content or other material that contains viruses, worms, corrupt files, Trojan horses and other forms of corruptive code or any other content, which may compromise the Site.
4. Content that harms minors in any way. Fin Fun has the sole discretion to determine whether content is Prohibited Content, and any content submitted to the Services may be examined at any time. You acknowledge that although Fin Fun does not and will not review all content submitted or transmitted to the Services, Fin Fun has the absolute right (but not the obligation) to review materials for any reason, at any time, without notice. In the event of a dispute pertaining to any content, Fin Fun may disclose content to parties to the dispute (including their agents and governmental authorities).

Notwithstanding the above, when you access the Site to download, upload, submit or transmit any content to the Services, you acknowledge and agree that all content (whether private or public) that is submitted and stored on the Site is the sole responsibility of the person who submitted it. In other words, you are solely responsible for any content that you submit.

II. NO COMMERICAL USE

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Services, use of the Services, or access to the Services for any commercial or competitive purposes without express written permission from Fin Fun. Any unpermitted use of the Services to produce or reproduce any content for competitive or commercial use, including resale of the Services or resulting product, is strictly prohibited and may result in legal action against you.

III. COPYRIGHT

What You License to Fin Fun

For us to perform the Services, we need the rights to make use of the information and images you submit to the Site. Accordingly, as a condition to your use of the Site, you hereby grant Fin Fun a perpetual, universal, nonexclusive, sublicensable, assignable, royalty-free right and license to use for any reason whatsoever, including to copy, display, publicly perform, modify, transmit, make derivative works of and distribute any content transmitted or provided to the Services by you (“Content”). You remain the owner of all Content that you submit to the Site and you represent and warrant to Fin Fun that you are the owner of the copyright to Content you submit to the Site or that you have written permission from the copyright owner to submit such Content for reproduction. The foregoing notwithstanding, you understand that Fin Fun continuously and independently invents and authors new products, one or more of which may be similar in expression or design to Content. Thus, to the extent any Fin Fun product is similar or identical in design, appearance or construction to Content, you shall have no rights in or to the Fin Fun product or any proceeds derived therefrom, and you shall not assert that such Fin Fun product infringes on your rights.

Copyright Protection for Content on the Site

All information, images, and content offered or seen on a Fin Fun website including the Site are the property of Fin Fun or its licensors and are protected by U.S. and international copyright laws and by other laws. Fin Fun is unable to provide you with permission to copy, display or distribute material for which you do not own the copyright, and we do not provide others with rights to your content (unless you give us permission to do so). You may not copy or distribute material unless you are the copyright owner or have permission from the copyright owner, and you are solely responsible for any copyright violations you commit because of your activities, even if the violation is unintentional. Fin Fun has the absolute right to cancel your order, terminate your Fin Fun account, or exclude you from the Site if you use the Services in violation of these Terms or the intellectual property rights of third parties. If we cancel your order for any reason before we have begun making your custom tail, you will be given a full refund. In general, orders cannot be canceled by the customer once production has begun. However, Fin Fun may, at its sole discretion, decide to refund all or a part of any amount paid by the customer.

If you believe that your work or the work of another has been copied in a way that constitutes copyright infringement, Fin Fun has a process in place to respond to your concerns. See “Copyright Infringement Claims” (below, within Section VI.)

IV. INDEMNITY

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS FIN FUN (INCLUDING ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICES USING YOUR ACCOUNT.

V. TERMINATION

You agree and acknowledge that Fin Fun, at its sole discretion, may terminate your Fin Fun account or use of the Services, and remove and discard any content submitted to the Site, at any time, without notice, for any reason, including but not limited to:

1. Conduct violating these Terms or other policies or guidelines set forth by Fin Fun elsewhere on the Site;
2. Conduct that Fin Fun believes is harmful to other Fin Fun users, the business of Fin Fun, or other third-party information providers.
3. Conduct that violates the spirit of these Terms.

Further, you agree that Fin Fun shall not be liable to you or any third-party for any termination of your access to the Services or the Site. We urge you to make and retain personal copies of all content you submit to the Site.

VI. OTHER TERMS AND CONDITIONS

COLORS: Fin Fun makes no guarantee of color accuracy as color is affected by numerous factors outside of our control. While we make every effort to match the colors based on the artwork image created or submitted, we cannot guarantee an exact color match.

MARKETING & PROMOTION: By submitting or creating your design on our Site, you are granting a nonexclusive, permanent license to Fin Fun to use your design for any marketing purpose whatsoever, including but not limited to sale, license, display, advertising, public relations, social media and promotional marketing purposes.

NO RETURNS: All tails created on or submitted to our Site are purchased on a “No Returns” basis. Because this is a custom design created by you and for you and may not be resalable, we do not accept returns for any reason other than a manufacturing defect. A manufacturing defect is limited to product defects that exist at the time the product is made, such as fabric imperfections, holes, tears, or unstitched seams but only if the item has not been used by you for any purpose. If there is a concern or problem with the quality of your order, please contact Fin Fun Customer Care immediately at 1-844-4FINFUN or CustomerCare@FinFun.com. We do not accept returns for any other reason, including but not limited to sizing issues or color accuracy. Because we cannot accept returns other than as specified above, please make sure you select the correct size and use the correct template. Measurements for each size can be found here https://finfunmermaid.com/size-charts

Copyright Infringement Claims

Fin Fun will take commercially reasonable steps to protect the intellectual property rights of third parties if it receives notice in accordance with the provisions required by the Digital Millennium Copyright Act, as follows.

If you believe your copyright or the copyright of another has been infringed upon by content on the Site, please provide the Fin Fun Copyright Agent with a written notice containing the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. An image and description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the site;
4. Your address, telephone number, and email 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.

Address the above via email to:

dmca@finfun.com
Subject: Fin Fun Copyright Agent

These instructions may be superseded or amended at any time by operation of governing U.S. copyright law, including but not limited to 17 U.S.C. Section 512(c)(3).