Terms and ConditionsUpdated 3 hours ago
Terms and Conditions
YOUR USE OF THIS WEB SITE AND YOUR TRANSACTIONS CONDUCTED WITH THE COMPANY IN CONNECTION WITH THIS WEB SITE ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS, ALSO REFERRED TO AS "TERMS OF USE". CLICKING ONTO WEBPAGES BEYOND THE WEB SITE'S HOMEPAGE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT WITH THE TERMS OF USE WHETHER OR NOT YOU COMPLETE A TRANSACTION WITH THE COMPANY AND WHETHER OR NOT YOU COMPLETE YOUR TRANSACTION ON THE WEB SITE OR THROUGH OTHER CHANNELS, SUCH AS BY PHONE, BY E-MAIL, FACSIMILE OR OTHERWISE. IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU MAY NOT USE THIS WEB SITE.
WEB SITE OWNERSHIP
This Web site is owned and operated by Fathead LLC, 535 Griswold Street, 4th Floor, Detroit Michigan 48226, United States, which is referred to below as "Fathead", "we", "us", "our" or "Company".
PERMITTED USE
You agree that:
(a) your use of this Web site is subject to and governed by these Terms of Use;
(b) you will only access or use this Web site and transact business with us if you are at least 18 years old;
(c) you will comply with and be bound by these Terms of Use as they appear on this Web site each time you access and use this Web site;
(d) each use of this Web site by you indicates and confirms your assent to and agreement to be bound by these Terms of Use; and
(e) these Terms of Use are a legally binding agreement between you and Fathead that will be enforceable against you.
You agree not to use or attempt to use this Web site for any purpose that:
(a) interferes with or induces a breach of the contractual relationships between Fathead and its employees;
(b) is any way unlawful or prohibited, or that is harmful or destructive to anyone or their property;
(c) transmits any advertisements, solicitations, schemes, spam, flooding, or other unsolicited e-mail, unsolicited commercial communications;
(d) transmits any harmful or disabling computer codes or viruses;
(e) interferes with our network services;
(f) attempts to gain unauthorized access to our network services;
(g) impairs or limits our ability to operate this Web site or any other person's ability to access and use this Web site; and/or
(h) uses any methods, means or devices to click on to this Web site or cause a visit to this Web site for purposes of manipulating the results of any Internet search engine, or for any other purpose other than conducting real estate related business with Fathead.
(i) unlawfully impersonates or otherwise misrepresents your affiliation with any person or entity;
(j) harms minors in any way, including, but not limited to, uploading content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
(k) uploads pornographic, violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images;
(l) harms, threatens, harasses, abuses or intimidates another person in any way or involves images or content that depicts, promotes, encourages, indicates, advocates or tends to incite the commission of a crime or other unlawful activities;
(m) dilutes or depreciates the name and reputation of the Fathead or any of its affiliates;
(n) uploads any content or images that infringes any third party's intellectual property rights or infringes any third party's right of privacy; or
(o) unlawfully uploads any confidential, proprietary or trade secret information.
PRIVACY POLICY
This Privacy Policy applies to all of Fathead or Fathead-affiliated companies (collectively, “Fathead”) and covers the way Fathead handles personal and private information obtained from its platforms and services, including our websites, applications, technology and other services. This Privacy Policy applies not only to personal information that directly identifies individuals, it also applies to personal information that can reasonably be used to identify an individual.
This Privacy Policy does not apply to non-personal information, such as aggregated data. Nor does this Privacy Policy apply to any third-party service used in connection with Fathead’s services. Fathead encourages you to read any third-party privacy policies.
Together with providing information about Fathead, this privacy policy also explains how and why we collect, store, use, and share your personal information. It also explains your rights in relation to your personal information and how to contact us or if you have a complaint.
For Fathead’s consumers residing in California, Colorado, Connecticut, Utah, and Virginia, please refer to the other information on our state-specific privacy policies here.
Personal Information Fathead Collects From You. We may collect and use the following personal information that identifies, relates to, describes, is reasonable capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household:
Account Information. Fathead may collect data which you provide us that is associated with services you obtain from us including your name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, phone number, or device information.
Transaction and Payment Information. Fathead may collect data you provide us during a transaction including your bank account number, credit card number, debit card number, or any other information about your purchase of products or services from Fathead.
Information That You Provide to Fathead. Fathead may collect data you provide Fathead during your conversations with Fathead, including those with Fathead’s customer support, or any contact made through social media.
Analytical Data from Cookies and Third-Party Technologies. Fathead collects information through the use of “cookies,” tracking pixels, data analytics tools like Google Analytics, in order to serve advertising banners on third party sites. We do not facilitate the merging of personally-identifiable information with non-personally identifiable information collected through any Google advertising product or feature. Google makes available a Google Analytics Opt-Out Browser Add-on that prevents your web data from being used by Google Analytics. To learn more and to install the browser add-on, go here. You can learn more about Google Analytics and privacy here.
This personal information is required to provide you Fathead’s products and services. If you choose not provide Fathead with this personal information, it may delay or prevent us from providing you with our products and serv ices, or otherwise respond to requests you may have.
This personal information is required to provide you Fathead’s products and services. If you choose not provide Fathead with this personal information, it may delay or prevent us from providing you with our products and serv ices, or otherwise respond to requests you may have.
Personal Information Fathead Receives From Others. We may collect and use the personal information about you from other individuals, business, or third-parties.
Individuals. Fathead may collect data about you when others provide it to us. For example, Fathead may use collect personal information obtained in connection with the purchase of a gift card, use of Fathead’s services including its Fathead’s Fastcash Reward program, or when someone refers your information to us as part of Fathead’s referral program.
Per your direction. Fathead may collect information about you when you direct other individuals, representatives, or third parties to share information with Fathead. For example, you may direct a third-party technical support service to share your information with Fathead to so that Fathead can best assist you.
Others. Fathead may collect information about you when provided by other third-parties including law enforcement, attorneys, insurers, for example as part of an investigation into an incident or to provide you support.
Fathead’s Use of Personal Information. Fathead uses your personal information to provide you its products and services, communicate with you, provide customer support, and to comply with its legal obligations and rights. With your consent, Fathead may also use your personal information for other purposes. Fathead uses personal information only if it has legal basis to so.
Providing Goods and Services. Fathead may use your personal information to perform our contract with you or to take steps at your request before entering a contract.
Preventing Fraud. Fathead may use your personal information for its legitimate interests or those of a third party, to minimize potential fraud that could be damaging for us and for you.
Complying with Legal Obligations. Fathead may use your personal information to comply with applicable laws and regulatory obligations, to respond to legal process, enforce our Terms of Service, or to exercise or defend legal claims.
Streamlining Fathead’s Operations. Fathead may use your personal information for operational reasons, such as improving efficiency, training and quality control, ensuring our policies are adhered to, performing statistical analysis, and updating and maintaining customer records.
To Further a Legitimate Interest. Fathead may use your personal information for our legitimate interest or those of a third party. Fathead may use your personal information for marketing our goods and services.
Promotional Communications. Fathead may use your personal information to send you updates (by email, text message, telephone or post) about our products and services. Fathead has a legitimate interest in processing your personal information for promotional purposes. If consent is legally required to send you promotional communications, Fathead will ask for this consent separately.
Fathead will always treat your personal information with the utmost respect and never sell it your personal information to other organizations for marketing purposes.
You have the right to opt out of receiving promotional communications at any time by:
Contacting us at [email protected];
Using the “unsubscribe” link in emails or “STOP” number in texts; or
[updating your marketing preferences on our preference center.
We may ask you to confirm or update your marketing preferences if you instruct us to provide further products or services in the future, or if there are changes in the law, regulation, or the structure of our business.
Personal Information Fathead Shares With Others. Fathead may share personal information with Fathead-affiliated companies, service providers acting on Fathead’s behalf, its partners, and others at your direction.
Service Providers. Fathead engages third parties to provide services on its behalf, such as providing customer service, to facilitate payments and financial transactions, and to deliver Fathead’s products, to host Fathead’s website, or to perform marketing services. Fathead will only allow our service providers to handle your personal information if we are satisfied they take appropriate measures to protect your personal information. We also impose contractual obligations on service providers relating to ensure they can only use your personal information to provide services to us and to you.
Gorgias and WillDesk. If you use our Fathead’s Customer Service messaging feature, you will provide us personal information including your name, email address, and any information you chose to provide in your message. Gorgias and WillDesk provide Fathead’s Customer Service messaging feature. Gorgias or WillDesk may collect, record, and store your personal information, and any information you provide in the chat. You can review Gorgias’s privacy policy here and WillDesk’s privacy policy here.
Others. Fathead may share personal information with others at your direction or with your consent. Fathead may also share and disclose your personal information with law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations. Fathead may disclose your personal information where there is a lawful basis for doing so, and if disclosure is reasonably necessary to enforce our Terms of Service, to protect our operations or users, or in the event of a change of corporate control such as a restructuring, merger, or sale of our assets.
Children and Personal Information. Under federal law, Fathead cannot knowingly collect any personal information from a child under the age of thirteen without the consent of that child's parent or guardian. Fathead’s privacy policy for the collection and use of personal information also applies to children under the age of 13. Purchasing Fathead’s products requires the use and submission of payment card information and other personal information. Certain promotional or rewards programs may also require the submission of personal information to use these services. Except in certain cases when limited contact information may be collected and not retained, Fathead’s products and services are unavailable to children under the age of 13. If a child Fathead knows to be under the age of 13 and for whom we have not received parental consent tries to purchase goods from or otherwise use Fathead’s services, which are unavailable to children, that child will be unable to access it and may receive a message informing them of the same.
Changes To This Policy. Fathead may change its Privacy Policy from time to time–when we do, we will inform you via our website or other means of contact such as email.
Contact Us. If you have questions about Fathead’s Privacy Policy or our services, send an email to [email protected].
FATHEAD’S CALIFORNIA PRIVACY POLICY
Last Modified: 3/10, 2023
California Law affords consumers residing in California certain rights with respect to their personal information. If you are a California resident, this is an addendum to Fathead’s Privacy Policy.
Personal Information Fathead Sold or Disclosed for a Business Purpose With Others. Fathead does not sell customer data. However,
Iin the preceding 12 months, we have disclosed for a business purpose to one or more third parties the following categories of personal information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household:
Identifiers (e.g., a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers);
Information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, his or her name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information;
Characteristics of protected classifications under California or federal law;
Commercial information (e.g., records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies);
Internet or other electronic network activity information (e.g., browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement);
Geolocation data;
Audio, electronic, visual, thermal, olfactory, or similar information;
Professional or employment-related information;
Inferences drawn from any of the information identified above to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes
2. Your Rights Under California Law. You have the right under the California Consumer Privacy Act of 2018 and certain other privacy and data protection laws.
To Request Information About The Categories And Specific Pieces Of Personal Information We Collect, Use, Disclose And Sell. You have the right to know about the categories of personal information we have collected about you; The categories of sources from which the personal information is collected; our business or commercial purpose for collecting or selling personal information; The categories of third parties with whom we share personal information, if any; And the specific pieces of personal information we have collected about you. Please note, Fathead is not required to: Retain any personal information about you that was collected for a single one-time transaction if, in the ordinary course of business, that information about you is not retained; reidentify or otherwise link any data that, in the ordinary course of business, is not maintained in a manner that would be considered personal information; or provide the personal information to you more than twice in a 12-month period.
Personal Information Sold Or Used For A Business Purpose. As to any personal information we may sell or disclose to a third party for a business purpose, you have the right to know about: The categories of personal information about you that we sold and the categories of third parties to whom the personal information was sold; and the categories of personal information that we disclosed about you for a business purpose.
To Opt Out Of The Sale [Or Disclosure] Of Your Personal Information. If you exercise your right to opt out of the sale [or disclosure] of your personal information, we will refrain from selling your personal information, unless you subsequently authorize the sale of your personal information. To opt out of the sale [or disclosure] of your personal information, visit our homepage and click on the Do Not Sell My Personal Information link here: [URL].
Right To Deletion. Subject to certain exceptions set out below, upon receipt of a verifiable request from you, Fathead will: Delete your personal information from our records; and Direct any service providers to delete your personal information from their records. Fathead will not delete your personal information if it is necessary to: Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us; Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity; Identify and repair errors that impair existing intended functionality; Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law; Comply with the California Electronic Communications Privacy Act; Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us; Comply with an existing legal obligation; or Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
Not To Be Subject To Discrimination For Exercising Your Rights Under The CCPA. This means if you exercise your rights under the California law, Fathead will not: Deny goods or services to you; Charge different prices or rates for goods or services; Provide a different level or quality of goods or services to you. Fathead may charge a different price or rate or provide a different level or quality of [goods and/or services] to you, if that difference is reasonably related to the value provided to our business by your personal information.
Right To Correction. You have the right to request that Fathead correct any inaccurate personal information.
The Right To Limit Use And Disclosure Of Sensitive Personal Information. You have the right to limit Fathead’s use and disclosure of your sensitive personal information as defined under California law.
Exercising Your Rights. If you have questions or requests related to your rights under the California law, you (or your authorized agent) can also contact Fathead by sending an email to [email protected]. If you would like to exercise any of your rights as described in this Privacy Policy, please: Enough information to identify you [(e.g., your full name, address and customer or matter reference number))];Proof of your identity and address (e.g., a copy of your driving license or passport and a recent utility or credit card bill); and A description of what right you want to exercise and the information to which your request relates. Fathead does not have to make a data access or data portability disclosure if we cannot verify that the person making the request is the person about whom we collected information, or is someone authorized to act on such person’s behalf. You may only make a California Consumer Privacy Act-related data access or data portability disclosure request twice within a 12-month period.
FATHEAD’S COLORADO PRIVACY POLICY
Last Modified: March 10, 2023 and effective July 1, 2023
The Colorado Privacy Act affords consumers residing in Colorado certain rights with respect to their personal information. If you are a Colorado resident, this is an addendum to Fathead’s Privacy Policy.
Your Rights Under Colorado Law Regarding Your Personal Information. Under the Colorado Privacy Act, some residents of Colorado have rights regarding their personal information.
Right Of Access. You have the right to confirm whether Fathead is processing your personal information and to access this personal information.
Right to Correction. You have the right to request that Fathead correct any inaccurate personal information.
Right To Deletion. You have the right to request Fathead delete your personal information that we have collected about you.
To Opt Out. You have the right to opt out of targeted advertising and the sale of your information (as defined under Colorado law).
Exercising Your Rights. If you have questions or related to your rights under the Colorado Privacy Act, you (or your authorized agent) can also contact Fathead by sending an email to [email protected].
Mandatory and Optional Information: We identify what information is required to fulfill your request. If you chose not to provide mandatory information, we will not be able to provide you the service you are requesting.
Email Submission: By making a purchase on Fathead.com, entering contests, sweepstakes and surveys or submitting your email to any sign-up form located on Fathead.com, you are consenting to receive Fathead-branded emails regarding future order information, shipping status and marketing promotions.
Change of Control: Your personally identifiable information may be transferred in connection with a sale, merger, transfer, exchange or other disposition (whether of assets, stock or otherwise) of all or a portion of Fathead. You will have the opportunity to opt out of further secondary use of your information following any change of control.
Changes to Our Privacy Policy: We may, in our sole discretion, update this privacy policy at any time by posting the amended policy on the website, and it shall be effective upon posting.
Legal Disclosures: In some cases we may disclose certain information to comply with a legal process, such as a court order, subpoena, search warrant, or law enforcement request.
Cookies: A "cookie" is a small piece of information that our web site may provide to your browser while you are at our sites. The Fathead Web site supplies your browser with cookies that contain a unique identifier used to better understand web site usage in the aggregate and on an individual level so we know what areas of our site users prefer (e.g., based on the number of visits to those areas). This is done through a tracking utility that allows us, for example, to reconstruct activity from a session or by a user, for troubleshooting and issue resolution purposes. Fathead may also employ service providers to help us collect and understand our web site usage data.
Additionally, Fathead service providers that serve ads on affiliate and/or advertiser web sites may assign different cookies and small graphical images called single-pixel GIFs or web beacons, to your browser to track the effectiveness of Fathead advertising on other web sites and your involvement with Fathead. For example, as part of the Fathead affiliate programs, our service providers use cookies and web beacons to determine when affiliate program members have referred a customer to Fathead via a link on their web site. The Fathead Web site also sets a temporary cookie that contains a unique, anonymous identifier that is provided to the service provider to ensure that each referral is only counted once. This cookie is not linked to a customer's personal information. The cookies and web beacons are necessary to ensure that affiliate program members are appropriately credited for their referrals. Service providers report data in the aggregate and do not link it to individual customer information. Fathead may also employ service providers who may assign cookies or web beacons to your browser to assist us in collecting web site usage data such as your IP address, session ID, URL and demographic information such as your zip code. The collection of data may include personally identifiable information.
If you simply want to browse, you do not have to accept cookies from our site. Should you decide, however, that you would like to register and sign in to special areas of the web site and you have modified your browser settings not to accept cookies, you will need to re-set your browser to accept the cookies that we send. Otherwise, you won't be able to participate in certain areas of the web site. Most browsers are defaulted to accept and maintain cookies.
Web Site Usage Data: Our web site tracks usage data, including, for example, your IP address, your browser type and version, which pages you view, which page, if any, linked you to our site, and which link, if any, you follow off of our site. We use this data in the aggregate and on an individual level to better understand web site activity to improve our site offerings, to reconstruct activity from a session or by a user, for troubleshooting and issue resolution purposes. We may also use this data to provide you a more personalized web site experience, assistance with technical support questions, and to send you special offers, product and service updates, or other promotional materials that are relevant and tailored to your interests. If you do not want to receive these offers or promotions, simply indicate your contact preferences during the registration process, within any future communications or by sending an e-mail to [email protected].
COPPA. Our web site is not designed to appeal to children under the age of 13. Therefore, we don't knowingly attempt to solicit or receive any information from children.
INDEMNIFICATION
If you make any unauthorized use of this Web site or violate the Terms of Use: (a) you may be in violation of laws of the United States, as well as applicable state laws, and may be subject to penalties, and (b) you may be responsible for damages caused to Fathead. You agree to indemnify Fathead and its affiliates, vendors and licensors, and all of the employees, officers, directors, agents and representatives thereof and to hold all of them harmless from, all costs, claims, damages, expenses or other losses, including attorney's fees and court costs, that arise from or are related to your use of this Web site and/or your breach/violation of or failure to comply with the Terms of Use.
PURCHASES
If you wish to purchase any products or services through this Web site, we will ask you to supply billing and shipping information applicable to your purchase. All information that you provide to us or our third party payment processor must be lawful, accurate, current and complete. You agree to pay all charges and applicable taxes that you incur at the prices in effect when you place your order. Verification of your billing or shipping information may be required prior to our acceptance of your order.
Descriptions, images, specifications, pricing and availability of any products or services are subject to change without notice. We reserve the right, with or without prior notice, to limit the available quantity of or to discontinue any product or service. We also reserve the right to impose conditions on any coupon or promotional code and to refuse any order in our sole discretion.
We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment.
RETURNS AND PRODUCT WARRANTY
If your FATHEAD® arrives damaged or if the product is defective you can return it within 30 days of the delivery date and we will refund you for the damaged or defective item or replace it at our discretion.
In either of the above return instances, if you ordered more than one FATHEAD® as part of a packaged deal (2 for $x, buy 1 get 1 free, etc.), you must return the entire order to receive a full refund. We will not accept partial returns on discounted orders.
We do not accept returns on custom Fatheads, gift cards or Champs Sports Gift Tube vouchers.
Gift cards and Champs Sports Gift Tube vouchers are not redeemable for cash.
If you purchased your Fathead using both a Gift Card and another form of payment, we will first credit or replace the Gift Card with the amount originally deducted from it and then credit your other form of payment for the balance.
For more information regarding our return policy:
Have your Fathead order number at hand.
Select the Customer Service option to speak to an agent during our business hours to receive a Return Authorization Number
All returns must have an authorization number. We will not process your return without one.
Place your FATHEAD® in the package it was shipped in and clearly mark the Return Authorization number on the outside of the package.
We highly recommend using a traceable shipping service when returning your package to our warehouse.
DISCLAIMERS
UNLESS OTHERWISE STATED IN WRITING, THE CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS AND MATERIALS ON OR AVAILABLE THROUGH THIS WEB SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, FATHEAD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS AND MATERIALS ON OR AVAILABLE THROUGH THIS WEB SITE COULD INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS AND COULD BECOME INACCURATE BECAUSE OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES OF PREPARATION OR PUBLICATION. FATHEAD HAS NO OBLIGATION TO MAINTAIN THE CURRENCY OR ACCURACY OF ANY CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS OR MATERIALS ON OR AVAILABLE THROUGH THIS WEB SITE.
YOU ACKNOWLEDGE AND AGREE THAT FATHEAD IS NOT, AND SHALL NOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THIS WEB SITE OR ITS OPERATION. AS TO THE OPERATION OF THIS WEB SITE, FATHEAD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FATHEAD MAKES NO REPRESENTATION OR WARRANTY THAT (A) THE OPERATION OF THIS WEB SITE WILL MEET YOUR OR ANY OTHER USER'S REQUIREMENTS; (B) ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; OR (C) ANY DEFECTS IN THIS WEB SITE WILL BE CORRECTED. YOU AGREE THAT YOU, AND NOT FATHEAD, WILL BEAR THE ENTIRE COST OF ALL SERVICING, REPAIR, CORRECTION OR RESTORATION THAT MAY BE NECESSARY FOR YOUR DATA, SOFTWARE PROGRAMS OR COMPUTER EQUIPMENT BECAUSE OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF USING OR VISITING THIS WEB SITE.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL FATHEAD BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES OR INJURY CAUSED BY ERROR, INACCURACY, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, TELECOMMUNICATIONS FAILURE OR COMPUTER VIRUS OR OTHER PROBLEM, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE OR THE CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS OR MATERIALS ON OR AVAILABLE THROUGH THIS WEB SITE, WHETHER IN AN ACTION ALLEGING BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS OR MATERIALS ON OR AVAILABLE THROUGH THIS WEB SITE. YOU AGREE THAT FATHEAD SHALL NOT BE LIABLE EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL FATHEAD'S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN ACCESSING OR USING THIS WEB SITE.
COMMUNICATIONS WITH COMPANY
Time Sensitive Instructions: When communicating with us through this Web site, PC-talk, chat or via e-mail, do not use the Web site, PC-talk, chat or e-mail to communicate any time-sensitive instructions. Such instructions may not be received or otherwise honored. All transactions conducted on this Web site, PC-talk, chat or via e-mail, must be confirmed in writing by us to be accepted by and binding upon us.
E-Signature: General communications through this Web site, PC-talk, chat or via e-mail are not intended by us to constitute either an electronic record or an electronic signature, or to constitute any agreement by the sender to conduct a transaction by electronic means, unless a specific statement to the contrary is included in the message and specific e-signature procedures are employed. However, your assent to a "click to accept" button or box is binding upon you.
Recording & Monitoring of Communications: Your communications with us via the Web site, PC-talk, chat e-mail, and telephone may be recorded or monitored and by using such communications methods you are consenting to the recording or monitoring of the same.
Negligent Misstatement: The Company disclaims any and all responsibility, including responsibility based on negligence or negligent misstatement, for the accuracy, completeness, or reliability of data or information contained in or furnished through e-mail and the Company makes no warranties, express or implied, with respect to such data or information.
Viruses: Computer viruses can be transmitted via e-mail through e-mail content, attachments to e-mails and embedded links. Although our e-mails are believed to be free of any virus or other defects that might affect computer systems in which they are received and opened, it is the recipient's responsibility to ensure that any e-mail they open is virus free. The Company is not responsible for any loss or damage arising in any way from the receipt, use, storage or transmission of our e-mails. If our Company forwards an e-mail or replies to a prior e-mail, the contents may have been produced by someone other than our Company or our Team Members for which the Company assumes no liability whatsoever. THE COMPANY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT COMPANY E-MAILS ARE VIRUS FREE AND/OR ERROR FREE. The use of e-mail to introduce any virus, malicious or disabling code, or to otherwise interfere with the Company's e-mail transmissions, telecommunication, or computer networks is prohibited and against the law; violators will be prosecuted to the fullest extent of the law.
Unsecured Transmissions: You should be aware that regular e-mail is typically sent via the Internet which is an open network. While certain designated areas within our websites employ technologies to secure your data and the transmissions between you and our Company, general e-mail uses the Internet which is an open system and we cannot provide absolute assurances that all e-mail transmissions (sent or received) are secure, error free, not corrupted, incomplete or virus free and/or that they won't be lost, misdelivered, destroyed, delayed, or intercepted/decrypted by others. Therefore the Company advises against sending personally identifiable information, over e-mail, and disclaims all liability with regard to e-mails (and the contents therein) if they are corrupted, lost, destroyed, delayed, incomplete, misdelivered, intercepted, decrypted or otherwise misappropriated by others.
Confidential Information: E-mails sent by our Team Members are confidential (and all attachments to such e-mails are confidential) and are to be reviewed and/or disclosed to only the individual or entity to whom they are addressed and intended. If you received an e-mail in error or if it was improperly forwarded to you, the information contained in the e-mail should, at all times, remain confidential and such circumstances shall not authorize you to use or disclose the confidential information. Please notify the sender immediately by telephone or e-mail, and delete or destroy the original and any copies. Any unauthorized use, disclosure, reproduction, or distribution is strictly prohibited. E-mails marked as "Confidential" contain confidential and/or proprietary information that is disclosed under the condition that you treat and maintain such information strictly in a confidential manner and in compliance with applicable privacy laws (including but not limited to the Gramm-Leach-Bliley Act) and that you ensure such information is not disclosed or used by others, except for the limited and confidential purpose for which it is being provided. By accepting and reviewing Confidential information provided by the Company, you agree to indemnify and hold the Company harmless against any and all claims, losses, liabilities, or expenses, including attorney's fees that the Company may incur as a result of the unauthorized use or disclosure of confidential information due to your acts or omissions.
Privileged Information: E-mails exchanged with or involving our Legal Team may contain privileged information subject to the attorney client privilege and/or the attorney work product privilege. Such privileged information shall not be waived if you receive an e-mail in error or if it was improperly forwarded to you. If you are not the intended recipient of privileged information, please notify the sender immediately by telephone or e-mail and delete or destroy the original and any copies. Any unauthorized use, disclosure, reproduction, or distribution of confidential or privileged information is strictly prohibited.
ADDITIONAL TERMS
You acknowledge that certain features of this Web site, as well other products and services of Fathead, including those that may be available through this Web site, may be subject to terms, conditions and disclaimers in addition to these Terms of Use, and you agree that your use of such products and services will be subject to such additional terms, conditions and disclaimers.
Permission to Be Contacted: By submitting information to Fathead through the Web site or otherwise, you are making an inquiry as to Fathead's programs and services and give Fathead and its affiliates permission to contact you through e-mail, fax, or telephone, or any means, even if your phone number is on a "Do Not Call" list.
Permission to Share Your Information: When you "submit" information through the Fathead Web site or otherwise, Fathead may send your information to its affiliates. If you do not want your information shared with Fathead affiliates, you should send an opt-out e-mail to [email protected] or visit our Web site at https://fathead.attn.tv/p/8eG.
Agreement to Provide Accurate Information: In making an inquiry, placing an order or in entering into any other transaction or request for information on this Web site, you agree to provide accurate, true, current, and complete information upon which Fathead may rely.
Your Cooperation Needed: Fathead generally begins processing your order shortly after submission. If you submit an order, you agree to cooperate as needed and notify Fathead of any changes in any information submitted in connection with your order. Upon placing an order on Fathead.com, Fathead has permission to cancel or modify any Fathead order at any time and for any reason including but not limited to inventory, product offering, and licensed property modifications. Under this circumstance, Fathead guarantees any customer expense is refunded in its entirety.
Reasonable Efforts: Fathead will make commercially reasonable efforts to avoid delays and ship your order promptly, however, Fathead is not responsible for delays outside of its control (e.g. credit card delays, shipping delays, acts of God, labor disputes, acts of government, natural disasters, or other matters beyond Fathead's reasonable control.)
Customer Reviews: Fathead,LLC has arranged with Shopper Approved to facilitate the collection of consumer product reviews of products sold by Fathead, LLC. When you submit a product review to fathead.com, you are also subject to Shopper Approveds’ terms of use and privacy policies (for Terms see: www.shopperapproved.com/terms.php) (for Privacy see: www.shopperapproved.com/privacypolicy.php). Accordingly, you should review those policies prior to submitting a review. Also, reviews you submit may be posted on both www.shopperapproved.com and our site.
GOVERNING LAW
You agree that these Terms of Use shall be governed by and construed in accordance with the laws of the State of Michigan, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms of Use or the use of this Web site shall be filed only in the state or federal courts located in Wayne County, Michigan, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
SEVERABILITY
You agree that if any provision of these Terms of Use shall be found to be unlawful or void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions of these Terms of Use and shall not affect the validity and enforceability of such other provisions.
Copyright 2006 - 2023 FATHEAD LLC. All rights reserved.
USE AND ACCESS OF THIS WEB SITE
Fathead reserves the right at all times, in its sole discretion and without notice to you, to deny your access to and use of this Web site. You agree that you may not use or attempt to use any part of this Web site to represent that you have any (express or implied) affiliation with Fathead or broker relationship with Fathead without the express written permission of Fathead. You may not use this Web site to transmit unsolicited e-mail to this site or to anyone whose e-mail address is included under the domain name of this Web site.
You agree and acknowledge that you have the sole responsibility and liability for your use of this Web site and for providing or obtaining, and for maintaining, all of the hardware, software, electrical power, telecommunications, Internet services, and other products or services necessary or desirable for you to access and use this Web site.
INTELLECTUAL PROPERTY RIGHTS
The following marks are registered trademarks of Fathead® ©2006-2023 Fathead, LLC. All Rights Reserved: FATHEAD®, REAL. BIG.®, REAL. BIG.® FATHEAD®, 877-FATHEAD®, FATHEAD.COM®, Fathead Tradeables™, Fathead Jr®, Fathead Teammate™, Fathead Big Head®, Street Grip™, For Real®, Dominating the World of Graphics and Decals®, Stand Out®, Total Coverage™ and the respective logos, emblems, slogans and designs are trademarks and/or service marks of Fathead LLC.
© 2020 1D Media Ltd under license to Global Merchandising Services Inc.
© 2020 Activision Publishing, Inc. ACTIVISION, CALL OF DUTY, CALL OF DUTY BLACK OPS, and stylized roman numeral III are trademarks of Activision Publishing, Inc.
© 2020 Activision Publishing, Inc. SKYLANDERS and ACTIVISION are trademarks of Activision Publishing, Inc.
Arsenal and the Arsenal Crest are trademarks and copyrighted designs, and/or other forms of intellectual property, that are the exclusive property of The Arsenal Football Club Pic and my not be used, in whole or in part, without the written consent of the Arsenal Football Club Pic.
Austin Dillon’s name, likeness, signature and the AD stylized logo are registered trademarks of Austin Dillon.
Badge and imagery, © 2020 Chelsea Football Club Limited.
BATMAN and all related characters and elements are trademarks of and © of DC Comics.
BATMAN:ARKHAM ORIGINS and all related characters and elements © & ™ DC Comics and Warner Bros. Entertainment Inc. WB SHIELD: TM & © WBEI. (s15)
BATMAN V SUPERMAN: DAWN OF JUSTICE and all related characters and elements © & ™ DC Comics and Warner Bros. Entertainment Inc. WB SHIELD: ™ & © WBEI. (s15)
BBC, DOCTOR WHO (word marks, logos and devices), TARDIS, DALEKS, CYBERMAN and K-9 (word marks and devices) are trade marks of the British Broadcasting Corporation and are used under license.
BBC logo © BBC 1996. Doctor Who logo © BBC 2009. Dalek image © BBC/ Terry Nation 1963. Cyberman image © BBC/Kit Pedler/Gerry Davis 1966. K-9 image © BBC/Bob Baker/Dave Martin 1977.
Bell, emblems, logos, and body designs are trademarks of Textron Innovations Inc. and is used under license of Fathead LLC.
Produced under license. Boeing, the distinctive Boeing logos, product markings and trade dress are trademarks of The Boeing Company.
www.cat.com / www.caterpillar.com © 2020 Caterpillar. All Rights Reserved. CAT, CATERPILLAR, BUILT FOR IT, their respective logos, “Caterpillar Yellow,” the “Power Edge” trade dress as well as corporate and product identity used herein, are trademarks of Caterpillar and may not be used without permission. Fathead®, a licensee of Caterpillar Inc.
CAT, CATERPILLAR, BUILT FOR IT, CAT RACING, their respective logos, “Caterpillar Yellow,” the “Power Edge” trade dress, as well as corporate and product identity used herein are trademarks of Caterpillar and may not be used without permission.
TM & © 2020 CBS Studios Inc. STAR TREK and related marks are trademarks of CBS Studios Inc. All rights reserved.
"The Collegiate Licensing Company", "CLC", "iCLC", the "Officially Licensed Collegiate Products" label, various CLC and service provider trade names and associated logos are the intellectual property of CLC or its service providers. The names and logos of the CLC Institutions are the property of the respective CLC Institutions. Nothing contained on the Site should be construed as granting any license or right to use any mark displayed on the Site without the express written permission of the respective mark owner.
Copyright © 2020 Dallas Cowboys Cheerleaders
"Denny Hamlin®", "#11®" and "FedEx®" licensed under authority of Joe Gibbs Racing, Huntersville, NC.
© Disney
© Disney/Pixar
Disney/Pixar elements © Disney/Pixar, not including underlying vehicles owned by third parties: Dodge®; Hudson Hornet TM; © Volkswagen AG; Hummer®; Model T TM; FiatTM; Mack®; Mazda Miata®; Kenworth®; Chevrolet®; Peterbilt®; Porsche®; Jeep®; MercuryTM; Plymouth SuperbirdTM; Cadillac®; Ferrari®; FairlaneTM; Petty®.
Dodge and related logos, vehicle model names and trade dress are trademarks of FCA US LLC and used under license by Fathead. © 2020 FCA US LLC.
© 2020 Dollar General Corporation, all rights reserved. Dollar General is a registered trademark of Dollar General Corporation. © 2020 Joe Gibbs Racing, Inc.
© FCB
© 2020 Feld Motor Sports, Inc.
Ford Motor Company Trademarks and Trade Dress used under license to Fathead, LLC.
General Motors Trademarks used under license to Fathead, LLC.
HARRY POTTER, characters, names and related indicia are trademarks of and © Warner Bros. Entertainment Inc. WB SHIELD: TM & © WBEI. Harry Potter Publishing Rights © JKR. (s15)
HASBRO and its logo, TRANSFORMERS and all related characters are trademarks of Hasbro and are used with permission. ©2020 Hasbro. All Rights Reserved. © 2020 DreamWorks, LLC and Paramount Pictures Corporation. All Rights Reserved.
HASBRO and its logo, MY LITTLE PONY, and all related characters are trademarks of Hasbro and are used with permission. © 2020 Hasbro. All Rights Reserved. Manufactured and distributed by Fathead
HASBRO and its logo, LITTLEST PET SHOP, and all related characters are trademarks of Hasbro and are used with permission. © 2020 Hasbro. All Rights Reserved. Manufactured and distributed by Fathead
© 2020 HGJ Licensing, LLC.
INFINITE CRISIS and all related characters and elements © & ™ DC Comics and Warner Bros. Entertainment Inc. (s15)
INJUSTICE: GODS AMONG US and all related characters and elements © & ™ DC Comics and Warner Bros. Entertainment Inc. WB SHIELD: TM & © WBEI. (s15)
The Team Canada logo is a registered trademark of Hockey Canada and is used under license by Fathead LLC.
John Wayne, DUKE, and THE DUKE are the exclusive trademarks of, and the John Wayne name, image, likeness, and voice, and all other related indicia are the intellectual property of, John Wayne Enterprises, LLC.
©2020 John Wayne Enterprises, LLC. All rights reserved. www.johnwayne.com
Jeep, the Jeep grille, Dodge, Chrysler, Ram and related logos, vehicle model names and trade dress are trademarks of FCA US LLC and used under license by [Fathead]. ©[2020] FCA US LLC.
JUSTICE LEAGUE and all related characters and elements © & ™ DC Comics. (s15)
Jurassic World is a trademark and copyright of Universal Studios and Amblin Entertainment, inc. Licensed by Universal © 2020 JRM Licensing, LLC. Studios Licensing LLC. All Rights Reserved.
"Kyle Busch®" and "#18®" licensed under authority of Joe Gibbs Racing, Huntersville, NC. ®/TM/© Mars, Inc. and its affiliates. Used under license (YEAR). Visit www.mms.com.
© 2002-2020 Lionel LLC., All rights reserved.
© LIONSGATE Entertainment Inc. ALL RIGHTS RESERVED.
LOONEY TUNES and all related characters and elements © & ™ Warner Bros. Entertainment Inc. (s15)
©&TM Lucasfilm, LTD.
© 2020 Mattel. All Rights Reserved.
© 2020 MARVEL
© 2020 Microsoft Corporation. All Rights Reserved. Microsoft, Xbox, Xbox 360, Xbox Live and the Xbox logos, are trademarks of the Microsoft group of Companies.
Minions is a trademark and copyright of Universal Studios. Licensed by Universal Studios Licensing LLC. All rights reserved.
MLBPA Official Licensee, Major League Baseball Players Association. Visit www.MLBPLAYERS.com, the Players Choice on the web.
Major League Baseball trademarks and copyrights are used with permission of Major League Baseball Properties, Inc. Visit MLB.com
© 2020 MLS. MLS, the MLS logo, Major League Soccer and MLS Club identifications used on or in connection with this product are trademarks, copyrights and other forms of intellectual property of Major League Soccer, L.L.C., are used by permission and may not be used, in whole or part, without the prior written consent of Major League Soccer, L.L.C. All rights reserved.
The marks and images are trademarks of Major League Lacrosse LLC and are used under official license with Fathead.
The likeness of Muhammad Ali appears courtesy of Muhammad Ali Enterprises, LLC. Muhammad Ali and associated marks are trademarks of Muhammad Ali Enterprises, LLC. www.ali.com
NASCAR® is a registered trademark of The National Association for Stock Car Auto Racing, Inc.
The NBA and individual NBA member team identifications reproduced on this product are trademarks and copyrighted designs, and/or other forms of intellectual property, that are the exclusive property of NBA Properties, Inc. and the respective NBA member teams and may not be used, in whole or in part, without the prior written consent of NBA Properties, Inc. © 2020 NBA Properties, Inc. All rights reserved.
NFL and the NFL shield are registered trademarks of the National Football League. Players Inc is a registered trademark of the National Football League Players Incorporated. © 2020 NFL Properties LLC. Team names/logos are trademarks of the teams indicated. All other trademarks are trademarks of the National Football League.
Officially licensed products of National Football League Players Inc. © 2020.
NHL and the NHL Shield are registered trademarks of the National Hockey League. All NHL logos and marks and NHL team logos and marks depicted herein are the property of the NHL and the respective teams and may not be reproduced without the prior written consent of NHL Enterprises, L.P. © NHL 2020. All Rights Reserved.
© NHLPA. Officially Licensed Product of the NHLPA. NHLPA, National Hockey League Players’ Association and the NHLPA logo are trademarks of the NHLPA and are used under license by Fathead.
Official Licensed Product of the U.S. Army.
© 2020 Peanuts Worldwide LLC.
Penske Racing South, Inc trademarks including the #2 and the likeness of the race car and Brad Keselowski's name and/or likeness are granted by license from Penske Racing South, Inc. Miller Lite marks are registered trademarks of MillerCoors LLC.
The PGA TOUR and swinging golfer design are registered trademarks of the PGA TOUR, Inc.
Official Licensed Product of PBR ® & © 2020. All rights reserved. PBR and related trademarks are registered trademarks of Professional Bull Riders, Inc.
™® and © 2020, Pretty Ugly, LLC. All Rights Reserved.
©2020 Pokémon. ©1995–2020 Nintendo/Creatures Inc./GAME FREAK inc.™, ®, and character names are trademarks of Nintendo.
The RCR checkered Flag logo is a registered trademark of RCR Enterprises, LLC.
The stylized No. 31 and the RCR checkered Flag logo are registered trademarks of RCR Enterprises, LLC.
All trademarks, and the likeness of the No. 31 race car are used under license from their owners.
The Roush Fenway Racing trademarks are used by authority of Roush Fenway Racing, LLC.
©1976, 2020 SANRIO CO., LTD. Used under license. www.sanrio.com
SeaWorld® is a trademark of SeaWorld Parks & Entertainment ©2020
©2020 Sesame Workshop.® Sesame Street® and associated characters, trademarks and design elements are owned and licensed by Sesame Workshop. All rights reserved.
Spider-Man, the Character: TM & © 2020 Marvel Characters, Inc. Spider-Man 3, the Movie: © 2020 Columbia Pictures Industries, Inc. All rights reserved.
® 2020 Stewart-Haas Racing.
® 2020 Stewart-Haas Racing. ® KHI
SUPERMAN and all related characters and elements are trademarks of and © of DC Comics.
© 2020 The Vamps. www.thevamps.com
© 2020 U.S. Soccer Federation. All rights reserved.
© 2020 Ubisoft Entertainment. All rights reserved. Ubisoft and the Ubisoft logo are trademarks of Ubisoft Entertainment in the U.S. and/or other countries.
The use of Olympic Marks, Terminology and Imagery is authorized by the U.S. Olympic Committee pursuant to Title 36 U.S. Code Section 220506
©2020 UDC. 2251 Rutherford Road, Carlsbad, CA 92008
The Walking Dead © 2020 AMC Film Holdings LLC. All Rights Reserved.
All WWE programming, talent names, images, likenesses, slogans, wrestling moves, trademarks, logos and copyrights are the exclusive property of WWE and its subsidiaries. All other trademarks, logos and copyrights are the property of their respective owners. © 2020 WWE. All Rights Reserved.
© 2020 Viacom International Inc. All rights reserved. Nickelodeon®, SpongeBob SquarePants® and all related titles, logos and characters are trademarks of Viacom International Inc.
© 2020 Viacom International Inc. All rights reserved. Nickelodeon®, iCarly® and all related titles and logos are trademarks of Viacom International Inc.
© 2020 Viacom International Inc. All rights reserved. Nickelodeon®, Teenage Mutant Ninja Turtles® and all related titles and logos are trademarks of Viacom International Inc.
© 2020 Zuffa, LLC
All other marks used on this Web site are the property of their respective owners.
Web Page Content: You acknowledge and agree that:
(a) all source code, calculations, products, materials, data, information, text, screens, functionality, services, design, layout, screen interfaces, the "look and feel", and the operation of this Web site (collectively "Web Page Content") are protected by various intellectual property laws, including, but not limited to, copyrights, patents, trade secrets, trademarks, and service marks; and
(b) all rights associated with the Web Page Content are owned by Fathead, its licensors, or content providers. Furthermore, you acknowledge and agree that you do not acquire any ownership rights by downloading or viewing any Web Page Content. You further acknowledge and agree that you will not in any way copy, reproduce, publish, create derivative works from, perform, upload, post, distribute, transfer, transmit, modify, adapt, reverse engineer, frame in any webpage, or alter the appearance of any Web Page Content.
You may not use Web Page Content, domain names (in whole or in part), or e-mail addresses related to or derived from this Web site, nor any data, trademarks, functionality, service marks, trade names, brand names and/or logos contained within or derived from this Web site, for any purpose; meaning that you may not, among other prohibited uses, use any Web Page Content, domain names, e-mail addresses, data, trademarks, service marks, trade names, brand names and/or logos on or derived from this Web site:
(a) in or as any meta-tag or hidden text;
(b) in or as part of any contextual marketing directory, index, or triggering term;
(c) as content or advertising related to any other Web site including, but not limited to, comparative/informational Web sites; and/or
(d) as a variable or data element in any algorithm that causes another Internet browser to appear on, over, or at the same time as the Company's Web site or controls the content of any other Internet browser window.
Submissions: You acknowledge and agree that all submissions to Fathead containing any comments, improvements, suggestions, and ideas regarding this Web site will become and remain our exclusive property, including any future rights associated with such submissions, even if the provisions of these Terms of Use are later modified or terminated. This means that you forever disclaim any proprietary rights in such submissions, and you acknowledge Fathead's unrestricted right to use, publish, and commercially exploit, identical, similar, or derivative ideas originating from your submission, in any medium, now and in the future, without notice, compensation or other obligation to you or any other person.
Testimonials: You acknowledge and agree that all testimonials submitted to Fathead will become and remain our exclusive property, even if the provisions of these Terms of Use are later modified or terminated. This means that you irrevocably grant to Fathead the unrestricted right (now and in the future, without notice, compensation or other obligation to you or any other person) to use your statement, image, likeness, as they may be used, in any medium, in connection with an advertisement or for any other publicity purpose. You further agree that Fathead may use any percentage of your testimonial, image, likeness and/or works, in any way that it sees fit, and may exclude your name or use a fictions name therewith.
DIGITAL MILLENNIUM COPYRIGHT ACT
Fathead is committed to protecting copyrights and expects you to do the same. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on this Web site infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) 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); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.copyright.gov/) for details. DMCA notices and counter-notices should be sent to:
Fathead, LLC
Attn: Webmaster
1201 Woodward Ave, 4th Floor
Detroit, MI 48226
Fax – (313) 559-2913
CUSTOM PRODUCTS
We offer Fathead© Custom™ products through this Web site for personal use. By using this service you represent and warrant that (i) you lawfully own or otherwise lawfully possess all necessary rights with respect to your image submission, (ii) your image submission does not and will not infringe or otherwise violate any intellectual property or privacy right of any third party, (iii) you have obtained written consent or permission to use the images and likenesses of every identifiable individual who appears in your image submission, and (iv) you are not using this service for any unlawful purpose.
Image submissions containing minors, under the age of eighteen (18), must have written consent from such individual's parent or legal guardian. Fathead does not assume responsibility to verify the age of individuals contained in your image submission. However, Fathead reserves the right to request supporting information to verify the age of any individual and to request a written consent for every identifiable individual who appears in your image submission.
By uploading your image submission, you hereby grant Fathead and its affiliates and assigns a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, publicly display, reproduce and distribute your image submission in any format.
LINKING AND THIRD-PARTY ADVERTISING
Not Responsible For Links to Other Web sites: For your convenience, this Web site may provide links to other Web sites on the World Wide Web. Unless expressly stated otherwise on this Web site, Fathead does not endorse, approve, sponsor or control, and we are not in any way responsible for, any of the content, services, calculations, information, products or materials available at or through any Web sites to which this Web site may provide a link. By using this Web site you acknowledge and agree that Fathead will not be responsible or liable to you or any other person for any damages or claims that might result from your use of such content, services, calculation, information, products or materials.
No Advertising / No Links. Fathead does not permit third-party advertising on this Web site. Except with the written permission of Fathead, you agree that you will not create links from any Web site or webpage to this Web site or any webpage within this Web site.
REVISIONS
You agree and acknowledge that we may revise or change these Terms of Use at any time, without notice to you, and you agree that you will be bound by the provisions of these Terms of Use as they appear on this Web site at the time you access this Web site. Because these Terms of Use may change, we encourage you to frequently review them. In addition, you agree and acknowledge that all other content, services, products and materials on or available through this Web site are subject to updating and revision without notice to you. Fathead will honor current pricing at the time of your order. However, Fathead reserves the exclusive right to change pricing, at anytime, without notice. You further acknowledge and agree that the Terms of Use may not be altered except with the express written permission of the President of Fathead.
LOCATION
You understand and acknowledge that Fathead controls and operates this Web site from within the United States of America. This Web site provides information regarding services and products that are made available in the United States only. We make no representation that the services or products about which information may be provided on this Web site will be available (a) anywhere outside of the United States or (b) in every state within the United States. You acknowledge and agree that you are responsible for compliance with all federal, state and local laws applicable to your access to and use of this Web site.
USER IDs AND PASSWORDS
Certain areas or features of this Web site may be restricted to users who have obtained a user identification and password by completing a registration process described on this Web site. Please be sure to protect and maintain the confidentiality of any user identification, password or other identifying information you may obtain in connection with your use of this Web site. You agree to notify Fathead immediately if you believe your user identification, password or other identifying information has been lost, stolen or otherwise compromised. You also acknowledge and agree that you are solely responsible for all damages or claims that may arise from any access to or use of this Web site by any person to whom you have provided your user identification, password or other identifying information, or by any person who has obtained such information from you, including, but not limited to, any access to or use of this Web site that may occur after you have notified us that your user identification, password or other identifying information has been lost, stolen or otherwise compromised.
THE INTERNET AS AN OPEN NETWORK
While certain designated parts of this Web site employ technologies to secure your data and the transmissions between you and Fathead, the Internet is an open system and we cannot provide absolute assurances that transmissions cannot be intercepted/decrypted by others.