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Terms and ConditionsUpdated 5 months ago

Terms of Service


Effective Date: January 22, 2024


Welcome to www.fathead.com and our related websites that link to these Terms (collectively, the “Website”), owned and operated by Fathead LLC, (“Fathead,” “we,” “us,” or “our”). Except as otherwise noted herein, these terms and conditions (the “Terms”) govern your use of the Website and Fathead’s services, applications, and content (collectively, the “Site”) and your purchase, receipt, or use of our products made available through the Site (collectively, the “Product(s)”).


PLEASE READ THESE TERMS CAREFULLY BECAUSE YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SITE, OR PURCHASE, RECEIVE OR USE OUR PRODUCTS.


THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.


Fathead reserves the right to change or modify these Terms at any time and in our sole discretion. If we make material changes to these Terms, we will provide notice of such changes, such as by sending you an email notification or providing notice through the Site. By continuing to access or use the Site in any way after such notice has been provided, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Site or order, receive or use the Products. If you do not agree to the revised Terms, you are free to reject them, but in that case you may not access or use the Site or order, receive or use the Products.


  1. Account Creation; Eligibility. You may use the Site only if you can form a binding contract with Fathead, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. You may make purchases from the Site as a guest or by registering an account. To obtain a user account, you must complete the registration process. You will be required to provide your name and e-mail address to register your user account as well as to checkout as a guest. You must provide complete and accurate information about yourself during the registration process and you have an ongoing obligation to update this information if and when it changes. We will handle your information consistent with our Privacy Policy, which is incorporated into these Terms by reference. When you create an account, you will be required to create a user ID and password. You agree that you will never share your user ID and password with anyone else for any reason. You agree that only you will use your account. You agree to contact Fathead immediately in the event you become aware of unauthorized access to your account. You agree that you are solely responsible for all activity that takes place in connection with your account and you agree to indemnify and hold harmless Fathead from any damages that arise out of or in relation to use of your account. By registering and obtaining an account you affirm that you will follow the Terms and your registration constitutes your consent to enter into agreements with us electronically.

  2. Terms of Sale.

    1. Orders, Pricing and Payments. Fathead strives to communicate accurate pricing and product information but will not be held responsible for any pricing, typographical, or other errors. The displayed colors of the Products depend upon the monitor of the user, and Fathead cannot guarantee that the user’s monitor will accurately portray the actual colors of the Products. Products displayed may be out of stock or discontinued, and prices are subject to change. The receipt by you of an order confirmation does not constitute our acceptance of an order. Prior to our acceptance of an order, verification of information may be required. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from us, for any reason. We reserve the right to limit the order quantity on any item and to refuse service to any customer without prior notification. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. Unless otherwise agreed to by Fathead, payment must be received by Fathead prior to Fathead’s acceptance of an order. Fathead may process payment for and ship parts of an order separately. In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, we shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled by us, we shall promptly issue a credit to your credit card account in the amount of the incorrect price and you shall be required to return the product purchased to us at our expense. Purchases may not be resold or exported. Your purchase is for your own use, not for resale or export. Your purchase may not be sold, leased, or transferred to restricted countries, restricted end users, or for restricted end uses according to U.S. export and sanctions laws.

    2. Shipping. You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Please refer to our Shipping Page for more information regarding shipping. 

    3. Taxes.  We will collect applicable sales tax on Products shipped to the states for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates. Unless you provide Fathead with a valid and correct tax exemption certificate applicable to your purchase of Product and the Product ship-to location, you are responsible for sales and other taxes associated with the order.  

    4. Returns & Exchanges. Please refer to our FAQ page for more information regarding Returns and Exchanges. 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:

  1. Have your Fathead order number at hand.

  2. Select the Customer Service option to speak to an agent during our business hours to receive a Return Authorization Number

  3. All returns must have an authorization number. We will not process your return without one.

  4. Place your FATHEAD® in the package it was shipped in and clearly mark the Return Authorization number on the outside of the package.

  5. We highly recommend using a traceable shipping service when returning your package to our warehouse.

  1. Product Disclaimer. All Products should be used strictly in accordance with their instructions, precautions, and guidelines. Use as directed. The Products available on the Site, including any samples Fathead may provide to you, are for your personal use only. You may not sell or resell any Products you purchase or otherwise receive from Fathead. Fathead reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or Products to be provided to you that may result in a violation of this Agreement, as determined by Fathead in its sole discretion. Except where prohibited by law, Fathead may limit the number of Products available for purchase.

  2. Custom Orders. We offer unique, custom Products through our Site that are dependent on numerous factors that affect production and shipping. Turnaround and delivery times for our custom Products on our Site may vary greatly and are estimates only. We cannot offer discounts or refunds for delays on our custom Products. By ordering a custom Product you indemnify and hold harmless Fathead from any and all claims related to delays. We do not accept returns on custom Products.

  1. Security Rules. Violations of system or network security may result in civil or criminal liability. Fathead investigates violations and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following: (i) accessing data not intended for you or logging on to a Fathead server or account that you are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt); (iii) attempting to interfere or interfering with the operation of our Site, our provision of services to any other visitors to our Site and our hosting provider or our network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “email bombing” or “crashing” the Site; and (iv) forging any TCP/IP packet header or any part of the header information in any email or transmission or posting to our Site.

  2. Prohibited Uses; Access. The Site may be used only for lawful purposes and is available only for your personal, noncommercial use, which shall be limited to viewing the Site, purchasing products, providing information to the Site and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting and uploading of information, and are responsible for the consequences of such communications to the Site. Fathead specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following: (i) posting any information that is incomplete, false, inaccurate or not your own; (ii) engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation, or that would fail to comply with accepted Internet protocol; (iii) communicating, transmitting or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the irrevocable permission of the owner to post it; (iv) communicating, transmitting or posting material that (a) reveals trade secrets, unless you own them or have the irrevocable permission of the owner, (b) infringes on any other intellectual property, privacy or publicity right of another, or (c) is in violation of applicable laws or regulations; (v) communicating, transmitting or transferring (by any means) information or software derived from the Site to foreign countries or certain foreign nations in violation of any applicable export control laws; or (vi) attempting to interfere in any way with the Site’s or Fathead’s networks or network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically permitted on the Site. The Site, including all of its information and content, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, software and the HTML used to generate the pages (collectively, “Materials and Content”), is Fathead’s property or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided on the Site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit or distribute any Materials and Content from this Site in whole or in part, for any public or commercial purpose without the specific prior written permission of Fathead. We grant you a personal, limited, nonexclusive, nontransferable license to access the Site and to use the information and services contained therein solely for your personal, noncommercial use as described below. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Materials and Content on the Site as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.

  3. Proprietary Rights

    1. Generally. As between you and Fathead, Fathead is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site, and is the copyright owner or licensee of the Materials and Content on the Site, unless otherwise indicated. The Fathead logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, the “Intellectual Property”) are owned by Fathead and may be registered in the United States and internationally.  You agree not to display or use the Intellectual Property in any manner without Fathead’s prior written permission. Nothing on the Site should be construed to grant any license or right to use any of the Intellectual Property without the prior written consent of Fathead. Except as otherwise provided herein, use of the Site does not grant you a license to any Materials and Content or features you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials and Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Materials and Content or screens for any purpose except as otherwise provided by Fathead. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information on the Site, including, without limitation, all site design, text, graphics, interfaces and the selection and arrangements of such is protected by law, including, but not limited to, copyright law.

    2. Specific Marks. 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 Site are the property of their respective owners. 


  1. User Content; Social Media Agreement.

    1. We do not claim ownership of user-generated content and material. Any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you: (i) submit or post on the Site, on any of our blogs, social media accounts or through tools or applications we provide for posting or sharing such content with us; or (ii) have posted or uploaded to your social media accounts, including but not limited to Instagram, Twitter, Facebook, TikTok and Pinterest, that are tagged with #Fathead or any other Fathead promoted hashtag (collectively “User Content”) shall be deemed non-confidential and non-proprietary. By submitting or posting any User Content, you grant to Fathead a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the User Content, as well as your name, persona and likeness (and the likeness of any other person appearing therein, including, without limitation, any minor child) included in any User Content and your social media account handle, username, real name, profile picture and/or any other information associated with the User Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, including, but not limited to, in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further notice to you. Neither you, nor any other person or entity, will have the right to: (a) receive any royalty or consideration of any kind for the use of the User Content pursuant to these Terms; or (b) inspect or approve the editorial copy or other material that may be used in connection with the User Content. Fathead will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. Fathead shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content or respond to any User Content. Fathead retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason. Subject to the licenses granted in these Terms, you retain ownership of any copyright and other rights you may have in the User Content.

    2. By submitting or posting User Content on the Site, on your social media accounts or through any tools or applications we provide for posting or sharing your User Content with us, you represent and warrant that: (i) you own or control any and all rights in and to the User Content, and the right to grant all of the rights and licenses in these Terms, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity; (ii) you have obtained permission from any individuals that appear in the User Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; (iii) you hereby give permission on behalf of any minor children that appear in the User Content, to which you are the legal guardian, to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; (iv) you are 18 years of age or older; and (v) the User Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content, (d) contain any addresses, email addresses, phone numbers or any contact information or (e) contain computer viruses, worms or other harmful files. Upon request by Fathead, you will furnish Fathead any documentation, substantiation or releases necessary to verify your compliance with these Terms. You are solely responsible for the User Content and you hereby agree to indemnify and hold Fathead and its members, manager, employees, agents, affiliates, assigns and licensees harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.

    3. Fathead does not guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by you or anyone else. By submitting or posting the User Content you fully and unconditionally release and forever discharge Fathead and its officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with: (i) disputes between you and one or more users or any other person or entity; or (ii) the use by Fathead or you of the User Content, including, without limitation, any and all claims that use of the User Content pursuant to these Terms violates any of your intellectual property rights, copyrights, rights of publicity or privacy, “moral rights,” or rights of attribution and integrity. You acknowledge and agree that Fathead has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by you or any third party of any User Content. Fathead acts as a passive conduit for User Content and has no obligation to screen or monitor User Content. If Fathead becomes aware of any User Content that allegedly may not conform to these Terms, Fathead may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms. Fathead has no liability or responsibility to Users for performance or nonperformance of such activities.

    4. 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 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.

    5. Without limiting the foregoing in any way, Fathead has the absolute right to remove and/or delete without notice any User Content within its control in its sole discretion. You consent to such removal and/or deletion and waive any claim against Fathead for such removal and/or deletion. Fathead is not responsible for failure to store posted content or other materials you transmit through the Site. You should take measures to preserve copies of any data, material, content or information you post to the Site or any other sites or platforms.

  2. Custom Products. We offer Fathead© Custom™ products through the 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.

  1. Copyright Complaints. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Fathead’s copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. §512 (“DMCA”). Please be advised that to be effective, the notice must include ALL of the following: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact the complaining party; (v) 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 as a matter of law; and (vi) 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. In accordance with the DMCA, it is our policy to terminate use of our Site by repeat infringers in appropriate circumstances. Notices of claimed copyright infringement and counter-notices should be delivered via email or mail to [EMAIL] with “DMCA Takedown Request” in the subject line or on the envelope if by mail to Fathead LLC, 1201 Woodward Ave, 4th Floor
    Detroit, MI 48226.

  2. Privacy Policy. Notwithstanding anything else to the contrary contained in these Terms, Fathead’s use of any personally identifiable information (name, email, etc.) you provide via the Site shall be governed by our Privacy Policy. For further information regarding Fathead’s protection of your personal information, please refer to our Privacy Policy.

  3. Third Party Links

Not Responsible For Links to Other Sites. The Site may contain links to websites, applications or other products or services operated by other companies (“Third Party Platforms”). Fathead does not endorse, monitor or have any control over these Third Party Platforms, which have separate terms of use and privacy policies. Fathead is not responsible for the content or policies of Third Party Platforms and you access such Third Party Platforms at your own risk. 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 through Third Party Platforms.

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.

  1. Telephone Communications; Text Messaging; SMS Policy. If you elect to receive marketing text messages from Fathead, either via our website or by sending a text message indicating your consent, you are providing your prior express written consent to receive recurring marketing or promotional SMS text messages from us (each, a "Text Message") sent through an automatic telephone dialing system. These may include cart abandon messages. Message frequency varies. This service is optional and is not a condition for purchase. You can opt-out of receiving any further Text Messages from us at any time by replying "STOP" to any Text Message you receive from us. For help, reply "HELP" to any Text Message you receive from us or email [email protected]. In addition to any fee of which you are notified, your mobile provider's message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier's pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will we or our affiliates be responsible for any SMS messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit SMS messages, you may not receive the Text Messages. Neither we nor the wireless carriers (such as T-Mobile) will be liable for any delays in the receipt of, or failure to deliver, any Text Messages, as delivery is subject to effective transmission from your network operator. Text Message services are provided on an "AS IS" basis. Data obtained from you in connection with any Text Message services may include your cell phone number, your provider's name, and the date, time, and content of your text messages. We may use this information in accordance with our Privacy Policy to contact you and to provide the services you request from us. For more information on how we use telephone numbers, please read our Privacy Policy. If you change or deactivate the phone number you provided, you have an affirmative obligation to update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your account may receive our standard marketing Text Messages unless you also unsubscribe via the above procedures.

  2. California Consumer Rights Notice. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please either send an email to [EMAIL] or write to us at Fathead LLC, 535 Griswold Street, 4th Floor, Detroit, Michigan 48226.  Residents of California may contact the California Department of Consumer Affairs Division of Consumer Services, Complaint Assistance Unit by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

  3. Disclaimers and Limitations of Liability.

    1. Fathead publishes information on its Site as a convenience to its visitors. While Fathead attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The products described on the Site may not be available in your region. Fathead does not claim that the information on the Site is appropriate to your jurisdiction or that the products described on its Site will be available for purchase in all jurisdictions.

    2. YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE PRODUCTS AND SITE, WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FATHEAD DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING, WITHOUT LIMITATION, ALL MATERIALS AND CONTENT, FUNCTIONS, PRDOUCTS AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FATHEAD DOES NOT WARRANT THAT THE SITE OR ITS FUNCTION OR THE MATERIALS AND CONTENT OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. FATHEAD MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THIS LIMITATION OF LIABILITY MAY NOT APPLY TO ALL USERS AND MAY BE LIMITED BY APPLICABLE LAW, AND CERTAIN USERS MAY HAVE ADDITIONAL RIGHTS NOT EXPRESSED HEREIN.

    3. Fathead makes no warranties of any kind regarding any sites not controlled by Fathead to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and Fathead makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such sites not controlled by Fathead. Fathead does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.

    4. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FATHEAD, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT OR THE MATERIALS AND CONTENT OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF FATHEAD OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES  AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF FATHEAD AND THE OTHER FATHEAD PARTIES (JOINTLY) ARISING OUT OF OR IN ANY WAY RELATED TO (A) THE ORDER, RECEIPT OR USE OF PRODUCTS PURCHASED FROM THE SITE EXCEED THE AMOUNT PAID FOR SUCH PRODUCTS; AND (B) THE ACCESS OR USE OF THE SITE OR CONTENT, EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID TO US IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE FATHEAD AND THE OTHER FATHEAD PARTIES’ SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS ALSO LIMIT DISCLAIMERS OR LIMITATIONS OF LIABILITY FOR PERSONAL INJURY FROM CONSUMER PRODUCTS, SO THIS LIMITATION MAY NOT APPLY TO PERSONAL INJURY CLAIMS.

  4. Indemnity. You agree to indemnify and hold Fathead, its managers, members, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including actual outside attorneys’ fees and court costs, in any way arising from, related to or in connection with your use of the Site, your violation of these Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third-party claim that any information, materials or User Content you provide infringes any third-party proprietary right. You further agree to reimburse Fathead, within thirty (30) days of each demand for reimbursement, for any and all costs, liabilities, expenses, fees, fines, professional fees and other amounts paid or incurred by Fathead (or such other indemnitee) in connection with the foregoing indemnity.

  5. Governing Law and DisputesThe parties agree that these terms, any sales thereunder, and/or any claim, dispute or controversy (whether in contract, tort or otherwise) between you and Fathead arising from or relating to these terms, its interpretation or the breach, termination or validity thereof, the relationships that result from these terms, Fatheads advertising, or any related purchase shall be governed by the laws of the State of Delaware without regard to conflicts of law. 

  6. Dispute Resolution and Binding Arbitration. You and Fathead agree that these Terms affect interstate commerce and that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This Section 16 is intended to be interpreted broadly and governs any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us or the Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below. 


If you have any dispute with us, you agree that before taking any formal action, you will contact us at Fathead LLC, 535 Griswold Street, 4th Floor, Detroit, Michigan 48226 and [EMAIL], and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account). Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.


All disputes, claims, or controversies arising out of or relating to the Terms or the Service that are not resolved by the procedures identified above shall be resolved by individual (not group) binding arbitration to be conducted before JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. Arbitration will be held in Detroit, Michigan, and you and Fathead agree to submit to the personal jurisdiction of any federal or state court in Detroit, Michigan in order to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.


The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.


Payment for all filing, administration and arbitrator fees will be governed by the rules of the applicable arbitration administrator, provided, that Fathead will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. If either party prevails on any claim that affords the prevailing party statutory attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party under the standards for fee shifting provided by law.  You are responsible for all other additional costs that you may incur in the arbitration including but not limited to attorneys’ fees and expert witness costs unless Fathead is otherwise specifically required to pay such fees under applicable law. If your claim is solely for monetary relief of $10,000 or less, and does not include a request for any type of equitable remedy, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing.


You and we agree that the arbitration shall be conducted in the party’s respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND FATHEAD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.


Notwithstanding the parties' decision to resolve all disputes through arbitration, you or we may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). You or we may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction to the extent such claims do not seek equitable relief.


You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to Fathead at the address identified in Section 17 below. The notice must be sent within thirty (30) days of (a) the “Effective Date” of these Terms as set forth above; or (b) your first date that you used the Services that contained any versions of the Terms that included this version of the mandatory arbitration and class action waiver, whichever is later. Otherwise you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, Fathead also will not be bound by them. If Fathead changes this ‘Arbitration’ section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Effective Date” date above or in the date of Fathead's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and Fathead in accordance with the provisions of this section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).


YOU UNDERSTAND AND AGREE THAT THE ABOVE DISPUTE PROCEDURES SHALL BE YOUR SOLE REMEDY IN THE EVENT OF DISPUTE BETWEEN YOU AND Fathead REGARDING ANY ASPECT OF THE SERVICE (INCLUDING THE ENROLMENT PROCESS) AND THAT YOU ARE WAIVING YOUR RIGHT TO LEAD OR PARTICIPATE IN A LAWSUIT INVOLVING OTHER PERSONS, SUCH AS A CLASS ACTION.


  1. GeneralThese Terms constitute the entire agreement between you and Fathead and govern your use of the Site, and they supersede any prior agreements between you and Fathead, provided, however, that these Terms shall be read in conjunction with the “Privacy Policy” as applicable. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site. Fathead may terminate this agreement and deny you access to the Site at any time, immediately and without notice, if in Fathead’s sole discretion you fail to comply with any provision of these Terms. You agree that no joint venture, partnership, employment or agency relationship exists between Fathead and you as a result of these Terms or your use of the Site. Any claim or cause of action you may have with respect to Fathead or the Site must be commenced within one (1) year after the claim or cause of action arose or be forever barred. The failure of Fathead to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision in these Terms is held invalid, the remainder of these Terms shall continue to be enforceable. If any provision in these Terms is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms and the remaining provisions are still valid and enforceable. You may not assign these Terms nor any of your rights or obligations under these Terms without Fathead’s express prior written consent. These Terms inure to the benefit of Fathead’s successors, assigns, affiliates and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect. To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms to us, please email or write to us at:

Fathead LLC

535 Griswold Street, 4th Floor

Detroit, Michigan 48226

[EMAIL]

Privacy Policy

Effective Date: January 22, 2024

This Privacy Policy applies to all of Fathead LLC, our brands, subsidiaries and Fathead-affiliated companies (collectively, “Fathead”, “we”, “us”, or “our”) 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. We encourage you to review the Privacy Policy whenever you interact with us to stay informed about our information practices and the ways you can help protect your privacy. Capitalized terms not defined herein shall have the meanings ascribed thereto in our Terms of Service.

For Fathead’s consumers residing in states with state-specific privacy laws please refer to the other information on our state-specific privacy policies below.

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. Fathead’s cookie policy can be found here. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our websites. In addition, many web browsers support Do Not Track technology. However, if you enable Do Not Track, some third-party companies may not recognize browser “Do Not Track” signals. If you would like to opt out of the collection and use of tracking data for ad targeting, please visit www.aboutads.info/choices/.

  • 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 services, 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:

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 16. 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 16. If a child Fathead knows to be under the age of 16 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. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us.

Security. We take security very seriously. Fathead has implemented reasonable technical, administrative and organizational security controls designed to protect the confidentiality, integrity, availability and resilience of data. These measures include utilization of encryption technologies, creation and maintenance of policy overseeing the management of the security program, role-based access controls, password management, vulnerability management and secure software development protocols.

Data Retention. The time period for which we retain your personal information depends on the purpose for which we use your personal information and the applicable law for that type of personal information and use. Fathead will keep your personal information for as long as you are using our services and platform or as long as we have a valid business purpose to do so and, thereafter, for no longer than is required or permitted by law.

Your Rights and Choices

You may be able to exercise certain privacy rights. The rights available to you depend on our reason for processing your personal information and the requirements of applicable law (i.e., your rights will vary depending on whether you are located In, for example, the European Union, the United Kingdom, Brazil, Canada, California, or other states). For residents of the European Union, please see our GDPR Statement. Specifically, you may have the following rights:

  • The right to confirmation on the existence of processing and to access the data: You may have the right to obtain from us confirmation as to whether personal information processed, and, where that is the case, to request access to the personal information. Depending on where you are located, you may also have the right to information about public and private entities with which the controller has disclosed personal data.

  • The right to correct incomplete, inaccurate, or out-of-date data: You may have the right to request that we correct any personal information about you that is inaccurate.  Depending on the purpose of the processing, you also have the right to request that we complete the personal information we hold about you where you believe it is incomplete, including by means of providing a supplementary statement.

  • The right to the portability of data: You may have the right to request that we transfer the personal information we have collected about you to another organization, or directly to you, in a structured, commonly used, and machine-readable format, under certain conditions.

  • The right to request anonymization, blocking, or deletion of personal information: You have the right to request the deletion of your personal information we have collected from you, subject to certain conditions and limitations under the law.

  • The right to revoke consent: Where we rely on your consent to process your personal information, you have the right to withdraw that consent at any time with future effect. Depending on where you are located, you may also have the right to request deletion of personal data that was processed based on your consent, or the right to know the consequences of revoking your consent. Such a withdrawal will not affect the lawfulness of the processing prior to the consent withdrawal.

  • The right to object to processing: You may have the right to object to our processing of your personal information, under certain conditions, and we can be required to no longer process your personal information.  Such right to object may especially apply if we collect and process your personal information through automated decision making, such as profiling, to better understand your interests in our products and services or for direct marketing.  If you have a right to object and you exercise this right, your personal information will no longer be processed by us for such purposes.  Such a right to object may, in particular, not exist if the processing of your personal information is necessary to take steps prior to entering into a contract or to perform a contract already concluded.

  • The right to opt-out of the sale or sharing of personal information: We do not sell your personal information in exchange for monetary consideration. In the event that we disclose your personal information to third parties for their marketing purposes, you may have the right to opt out of that disclosure. You may also have the right to request further information about the disclosure of your personal information for those third parties' marketing purposes, such as the contact information of those parties, once per calendar year.

  • The right to limit the use and disclosure of sensitive personal information: We will only use sensitive or special personal information as needed for the purposes for which it was collected or with your consent. We do not currently process sensitive personal information for purposes that may be limited under applicable law. If this changes, we will notify you, and you may have the right to restrict such additional uses.

  • The right to non-discrimination for exercising a privacy right: We will not discriminate against you for exercising any rights.

Exercising Your Rights. If you have questions or requests related to your rights as set out above and according to your state or country specific law, you (or your authorized agent) can 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. 

California Specific Notices

California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Site that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes once per year. To make such a request, please contact us at the email address or address listed below in the Contact Us section. We reserve our right not to respond to requests submitted other than by the means specified in this section, if the request is not labeled or sent properly, or if the request does not have complete information.

California Consumer Privacy Act (“CCPA”) and California Privacy Rights Act (“CPRA”)

We have explained our privacy practices in full in the other sections of this Privacy Policy. The chart below describes categories of personal information we have or have not collected/disclosed for a business purpose to one or more third parties in the preceding 12 months. Some of these categories of personal information that we collect may include information that is considered sensitive under the CCPA/CPRA. Please see the other sections of this Privacy Policy for additional information about our practices and your rights.

Category

Examples

Collected

(Y/N)

Disclosed to 3rd Party for Business Purpose (Y/N)

Identifiers

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.

Y

Y

Personal Information Categories – as listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

A 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.

Some Personal Information included in this category may overlap with other categories.

Y

Y

Protected classification characteristics under California or federal law.

Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

Y

N

Commercial information.

Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

Y

Y

Biometric information.

Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

N

N

Internet or other similar network activity.

Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.

Y

Y

Geolocation data.

Physical location or movements.

Y

Y

Sensory data.

Audio, electronic, visual, thermal, olfactory, or similar information.

Y

N

Professional or employment-related information.

Current or past job history or performance evaluations.

Y

N

Non-public education information

Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.

N

N

Inferences drawn from other Personal Information.

Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

N

N

Equipment information.

Information about your internet connection, the equipment you use to access our Site, and usage details.

Y

Y


Notice of Financial Incentive 

Under California regulations, certain programs we offer that provide benefits to consumers may be considered financial incentive programs. We may collect personal information from you in connection with these programs, e.g., contact information (name, email address, residential address) and certain commercial information for a number of reasons, including to administer the program, contact you with regard to your account (if any), to provide the benefits to you, to better serve you, and to fulfill your requests associated with the program. 

To opt-in to the programs, you may need to provide certain information, register for an account and agree to the applicable program terms, or otherwise follow the instructions associated with that applicable program. Please also see the terms of the program you are joining for additional description of the program and any additional requirements. Participation in our programs is voluntarily and you can withdraw at any time. 

To the extent that we provide a program that may be considered a financial incentive because the program is directly or reasonably related the collection, deletion or sale or retention of consumer personal information, the value is reasonably related to the overall value we receive from the personal information participants provide specific to the program minus the costs and expenses we incur in providing the program.

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, please contact us at: 

Fathead LLC

535 Griswold Street, 4th Floor

Detroit, Michigan 48226

[email protected]




GDPR Statement

The General Data Protection Regulation (GDPR) is a European Union regulation which protects the rights of data subjects in the European Economic Area (EEA), with respect to the processing of their “personal data,” as such term is defined in the GDPR.

Compliance

The Fathead website and platform are designed to meet the principles of the GDPR. Here are some of the actions we’ve taken to ensure our compliance with GDPR:

  • We limit the personal data we collect;

  • We have established a legal basis for the processing of that data;

  • We only retain personal data for a limited time period, after which, the data is deleted

What Personal Data is Collected and How it is Collected

The time period for which we retain your personal information depends on the purpose for which we use your personal information and the applicable law for that type of personal information and use. Fathead will keep your personal information for as long as you are using our services and platform or as long as we have a valid business purpose to do so and, thereafter, for no longer than is required or permitted by law.

How Long is Personal Data Retained

If you provide information to us to request a demo, we will keep that information for up to twelve months after your last communication with us. We will keep personal information provided by customers for up to three months after the end of our business relationship and subject to our SaaS agreement.  All payment information will be deleted three months after processing, unless we are required by law to keep it longer.

If you contact us directly using the contact information provided on the Fathead website, we will retain your contact information for a period of up to three months after we respond to your inquiry. After that, the communications will be deleted from our system, unless we are required by law to retain it longer.

Children's Privacy

The Fathead website and platform were not developed or intended for individuals that are deemed to be children under applicable data protection or privacy laws, and we do not knowingly collect information from children.

Legal Basis for Processing

If you are a user of the Fathead website or platform located in the EEA, we rely on legitimate interest as the legal basis for processing the personal data we collect via the website and platform.

Controller

Fathead, LLC is a Controller of personal data covered by the Privacy Policy for purposes of European data protection legislation.

Subprocessors

In connection with the operation of our website, Fathead may engage third parties (each a “Subprocessor”) to process your personal data. As a condition of permitting a Subprocessor to process your personal data, Fathead will enter into a written agreement with each Subprocessor containing data protection obligations at least as protective as the technical and organizational measures Fathead has put into place to protect your personal data from accidental or unlawful destruction, loss, alteration, or unauthorized disclosure or access.

We use the following Subprocessors to operate our website and provide our services:

Name

Subprocessing Activity

Country of Origin

Amazon Web Services, Inc.

Cloud Service Provider

United States and Ireland

Helpscout, PBC

Customer Support

United States

HubSpot, Inc.

Content Management System

United States

Chargebee, Inc.

Subscription & Billing

United States

Microsoft Corporation

Collaboration, Productivity, and Cloud Services

United States and Ireland

Slack Technologies, Inc.

Collaboration Tool

United States

Stripe, Inc.

Payment Processing Gateway

United States

Userpilot, Inc.

My Fathead application user dialogs

United States

International Data Transfers

If you are located within the EEA when you visit the Fathead website, we may transfer your personal data outside of the EEA. When we do, we will ensure that an adequate level of protection is provided for the information by using industry-standard encryption at rest and in transit.

Your Data Protection Rights Under GDPR

If you are a resident of the European Union, you have certain data protection rights under the GDPR. Fathead will take reasonable steps to allow you to access, review, update, rectify, or delete any personal data we hold about you. 
In certain circumstances, you have the following data protection rights:

  • Right of access. The right to obtain access to your personal data.

  • Right to rectification. The right to erase or rectify inaccurate or incomplete data.

  • Right to erasure. The right to obtain the erasure of your personal data in certain circumstances.

  • Right to portability. The right to move, copy, or transfer personal data.

  • Right to restrict processing. The right to restrict processing of personal data.

  • Right to object to processing. The right to object to processing of personal data for certain purposes.

If you wish to exercise one of these rights, please contact us by using the contact details below. We may ask you to verify your identity before responding to these requests.

Direct Marketing

You may opt-out of receiving marketing communications at any time by unsubscribing from email marketing, by changing your notification settings in the Fathead application or by opting-out of any emails we may send to you.

Changes to this GDPR Statement

Please visit this page periodically to stay aware of any changes to this GDPR Statement, which we may update from time to time. If we modify this GDPR Statement, we will make the revised overview available at the URL of this page and indicate the date of the latest revision.

How to Contact Us

If you have any questions about this GDPR Statement, you may email us at [email protected] or write to us at Fathead LLC, 535 Griswold Street, 4th Floor, Detroit, Michigan 48226.

If contacting us does not provide you with an adequate resolution and your inquiry is related to information collected about you in the European Union/European Economic Area, please contact the applicable EU Data Protection Authority.




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