Seabunny is an automated web service that gives you the power to print your own, one-of-a-kind, products. It’s also a community of people with a passion for patterns design and sewing. It is our goal to create a site that is accessible and useful to as many people as possible. Before spelling out the legal terms and conditions for using our site, we’d like to set out a few basic values we believe are core to our community:
Respect and support for intellectual property rights, both yours and those of others. You cannot upload designs to Seabunny that you don’t own or have permission to reproduce. This includes pictures, images, characters and the like created by someone else. You also cannot use someone else’s trademark without permission, either within your design or to identify or promote your designs. Whether or not you have legal permission to reproduce a design or a trademark is not something we can determine for you. It is your responsibility to understand the permissions associated with any design you upload. If you believe a design on our site violates your intellectual property rights copyright, please notify us using the process described below .
Your control of your own designs. In order to run Seabunny we have to be able to do things like reproduce and distribute the designs you upload, actions outlined below in the section titled Proprietary Rights . But at all times you retain both copyright and control over your designs. We will not sell, share, or reproduce your work except as necessary to run our service and our website. We started Seabunny to empower creative people, not to take advantage of them.
Community standards. We place great faith in the good judgment of our creative community. Our website is used by people of all ages, from countries around the world. For that reason we discourage the publication of designs that might be considered offensive or inappropriate. Designs are private by default and we reserve the right to make public designs private or to remove them altogether should we deem them unsuitable for our community.
Thank you for visiting Seabunny, a service of Seabunny Fabrics LLC. (“Seabunny”), a Delaware corporation. Seabunny provides its website and services (collectively the “site”) subject to the following terms of service (“Terms”).
By acknowledging these terms, using the site, uploading any data or images or ordering products, you are indicating your agreement to be bound by these terms, including our Privacy Policy, and all revisions thereof. If you do not agree to these Terms, do not accept them and discontinue using and accessing the site. These Terms are applicable to your use of the site regardless of how you accessed the site.
We may modify the Terms at any time. If the modifications to the Terms constitute a material change, in Seabunny’s good faith reasonable judgment, Seabunny will notify you via email and/or by posting a notice on the homepage of the site. You should review these Terms from time to time so that you understand the terms and conditions of your use of the site. If you do not agree to any amendment of these Terms, you must immediately stop using the Site. Your continued use of the site after any modification to these Terms constitutes acceptance of the amended Terms. If you ever have any questions about these Terms, please do not hesitate to contact us at [email protected].
If you are accessing the site from the European Union, you must be 16 years and older to use the site. If you are accessing the site from the United States, you must be 13 years and older to use the site. Seabunny does not specifically collect information about children and the website is not directed to children. If we learn that Seabunny has collected information from a child under the applicable age, we will delete that information as quickly as possible. If you are under the required age, we will only process your information upon receipt of verified consent from a parent or legal guardian. We recommend that anyone under the applicable age required by law, ask and receive their parents' permission before using Seabunny or sending information about themselves or anyone else over the Internet.
If you register on the site, you will receive an email confirming the creation of a Seabunny account. Activating your account requires the creation of a password. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Seabunny of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Seabunny cannot be liable for any loss or damage arising from your failure to comply with Section 2.
You acknowledge that Sabunny is an automated web service that gives you the power to upload, display, offer for sale and/or print your own designs as one-of-a-kind, textiles, and finished goods. Given the automated nature of the service, Seabunny is not able to review all Content that is uploaded to the Site. However, Seabunny and its designees shall have the right (but not the obligation) in their sole discretion to review and to reject or remove any Content that is available via the site. Upon placing any order through the site, or making designs available for sale, you acknowledge that Seabunny may review it and the Content it contains for adherence to our guidelines and compliance with the terms and conditions set forth in these Terms. Without limiting the foregoing, Seabunny and its designees shall have the right to refuse to fulfill any order for any reason and to remove any Content that violates the Terms or is otherwise objectionable to us. Seabunny shall have the right, at its exclusive discretion to remove Content and/or suspend user accounts that violate these Terms or Seabunny policies. Seabunny reserves the right to amend the Terms and its policies described above from time to time at its sole discretion.
You acknowledge and agree that you are responsible for the creation and compilation of your Content, and that neither Seabunny nor any other party involved with the production of any product incorporating such Content, including but not limited to fabric, assumes that responsibility. Seabunny’s production of any product depicting your Content shall be pursuant to your order and specification and Seabunny shall merely function as a printer of such products. Seabunny’s production of any product depicting your Content, including but not limited to fabric, does not indicate that Seabunny accepts, approves of or endorses the Content, that the Content complies with applicable laws, or that you are absolved of any liability or harm arising from the use of the Content.
By posting Content on Seabunny and choosing to make it public, other websites or parties are able to copy and re-post that Content, including without limitation, approved third-party websites that have access to the site through its application program interface (API) (discussed in Privacy Policy section below). You agree to hold Seabunny harmless for any dispute concerning this use. If you choose to display any Seabunny-hosted image on another website, the image must provide a link back to its listing page on Seabunny.
You hereby agree to waive any claims against Seabunny and its affiliates, contractors, agents, third party service providers and employees (collectively, “Representatives”) for losses, damages and injuries which are based on or relate to communications or materials made available to the site or posted on the site, including other Content, by other users and persons other than Seabunny or its Representatives.
You represent and warrant that all contact and personal information provided to Seabunny during the registration process and otherwise shall be accurate and complete. If there are any changes to your contact information, you shall promptly update your registration information with Seabunny.
When you upload photographs, designs, drawings, text or other content (“Content”) to the site, you keep your copyright and any other intellectual property rights you may have in the Content. You also control the account settings that determine whether or not your Content can be shared or sold through the site. In order to maintain and provide the site, Seabunny is required to be able to copy, crop, modify, reproduce, display and distribute your Content worldwide. Seabunny will only perform these actions to the extent necessary to provide the site. By submitting Content to, or utilizing, the site, you grant Seabunny a royalty-free, non-exclusive, worldwide, transferable license to modify, copy, sell, display, distribute and create derivative works of the Content and the goods created from or based on such Content so long as such process is an essential step of the site. By default, all Content uploaded to the site is not available to the public.
By uploading Content to the site you represent and warrant that:
In using this site, you also agree:
Disputes with Others: Should a dispute arise between you and another user or a third party, Seabunny urges you to contact the user or third party to resolve the dispute amicably. You can report disputes with other users to [email protected], although Seabunny cannot guarantee that it will pursue a particular action on your behalf. You may also report, if it is appropriate, a dispute to law enforcement, the postmaster general, or a certified mediation or arbitration entity, as applicable.
You hereby release Seabunny (and Seabunny’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party.
Your privacy is very important to us at Seabunny. We collect and store personal information when you register, move through the site, make purchases and sell Content. Seabunny does not share customer information (including email addresses) outside the Seabunny family of companies unless it is necessary to provide you with products or services available from Seabunny. This may include service providers that provide support services to Seabunny or that help Seabunny market its products and services, administer our programs, operations, fulfill your requests, surveys, contests, sweepstakes and product reviews, or provide you with membership information. We promise that we will never sell or rent your telephone or email information to third party marketers. By using the site and accepting these Terms, you expressly consent to Seabunny’s use of your personal information (including using email to communicate with you) as described in the Privacy Policy, which is incorporated herein by reference.
You acknowledge and agree that as provided in Seabunny’s Privacy Policy that in the event Seabunny receives an objection asserting that your Content infringes the intellectual property right of another (the “Rights Owner”), that Seabunny shall have the right, in its discretion, to provide the Rights Owner with your name and contact information as well as information concerning the Content and the use or sale of the Content through the site. You hereby agree to waive any claims against Seabunny and its Representatives, for the disclosure of information to a Rights Owner
Without limiting the foregoing, you acknowledge and agree that Seabunny may preserve Content for as long as necessary for the purpose for which it was collected and may also disclose Content or information, including your personal information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of Seabunny, its users and the public. We may also disclose personal information as necessary to investigate or prevent violations of these Terms or suspected illegal activity, to trusted partners who work with us under confidentiality agreements, or to a company that acquires or merges with Seabunny. By using the messaging features on the site -- including the Thank you notes sent by designers to buyers of their fabrics -- you consent that your screen name may be disclosed to the recipients of your messages. You may not use personal information about other Seabunny users in a way that is inconsistent with Seabunny’s Privacy Policy or to harass, intimidate, threaten or demean any other user. By doing so you would violate the terms of this Agreement, and Seabunny may terminate your account. You can report messages that violate these Terms to [email protected], although Seabunny cannot guarantee that it will pursue any particular action on your behalf. You may also report threatening or harassing messages to law enforcement as appropriate.
Seabunny sets and accesses cookies to keep track of login status, and works with third parties like Google to collect anonymous data to help improve and market our service. Please refer to your browser's "Help" menu for how to change cookie preferences. Please refer to our Privacy Policy for more details on how we collect and store data.
You acknowledge and agree that, except for your Content, any data, materials or content, including but not limited to designs, text, photos, images, etc. or other material contained or distributed on or through the site by Seabunny, or its Representatives (“site Content”) is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws, and as between you and Seabunny, shall belong to Seabunny. You may not use, reproduce or distribute any site Content without the authorization of the owner of such site Content, except for uses permitted by law.
You acknowledge and agree that the site and any software used in connection with the site (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. All such Software and the site shall remain the property of Seabunny and you agree not to modify, rent, lease, loan, sell, distribute, reverse engineer or create derivative works based on the site or the Software, in whole or in part.
Seabunny respects the intellectual property rights of others. We ask our members to do the same. Seabunny, in its exclusive discretion, may terminate the accounts of users it believes may be infringing the copyright, trademark or other intellectual property rights of others.
It is Seabunny’s policy to respond expeditiously to claims of infringement. Seabunny will promptly process and investigate notices of alleged copyright and/or trademark infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable laws.
You acknowledge and agree that as provided in Seabunny’s Privacy Policy that in the event Seabunny receives an objection asserting that your Content infringes the copyright and/or trademark right of another (the “Rights Owner”), that Seabunny shall have the right, in its discretion, to provide the Rights Owner with your name and contact information as well as information concerning the Content and the use or sale of the Content through the site to enable the Rights Owner to contact you directly to address the use of its intellectual property rights.
If you are a Rights Owner and believe in good faith that your copyrighted material has been posted on the site in violation of any applicable rights or licenses, and you want this material removed, you must provide the site with a written communication that details the information listed in this section. Please also note that under Section 512(f) of the Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. You may wish to contact an attorney for legal assistance on this matter prior to submitting a notification.
To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following:
Send the written infringement notice and the materials above to our “Designated Agent” the following address:
Copyright Agent
Seabunny INC.
Daniel Jacobdon, 98 S.E. 7 Street 1100
Miami, Florida, USA
Phone: +1
Email: [email protected]
Upon receipt of notices complying, or substantially complying, with the DMCA and this section, Seabunny will use its reasonable efforts to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and to remove or disable access to any reference or link to material or activity that is claimed to be infringing.
You represent and warrant that you are the owner of the content which you submit and that the content does not infringe upon the property rights, intellectual property rights (e.g. Copyrights and trademarks) or other rights of others. You also represent that there are no outstanding disputes in connection with the property rights, intellectual property rights or other rights in the content or any parts of the content.
You agree to defend, indemnify and hold Seabunny and Seabunny’s officers, directors, employees and other Representatives harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney’s fees, expert witness fees, and costs of litigation arising out of or based on (a) Content you submit, post to or transmit through the site, (b) your use of the site, (c) your connection to the site, (d) your violation of these Terms or (e) your violation of any rights of a third party.
You agree that Seabunny, in its sole discretion, may terminate your user name, password, account (or any part thereof) or use of the site, and remove and discard any Content you may have contributed to the site, at any time for any reason or no reason. Seabunny may also in its sole discretion and at any time modify the site, or any portion thereof, or discontinue providing the site, or any part thereof, with or without notice. Further, you agree that Seabunny shall not be liable to you or any third-party for any termination of your access to the site.
The site may provide, or third parties may provide, links to other websites or resources. Because Seabunny has no control of such sites and resources, you acknowledge and agree that Seabunnyr is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Seabunny shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Prices for products on Seabunny are described on our website and are incorporated into these Terms by reference. All prices are for the currency reflected on the Site at the time of purchase. Prices and products may change at Seabunny’s discretion.
Title and risk of loss for all products ordered by you shall pass to you on Seabunny’s shipment to the shipping carrier. You shall be responsible for payment of all shipping, insurance, customs charges and other transportation costs for shipment of products ordered by you through the site, unless otherwise stated on the site or agreed by Seabunny (such as through a special offer).
If you wish to terminate your Seabunny account, you may do so within your account settings.
If you choose to delete Content from the site, it will no longer be available or visible on the site. We may retain copies of Content in our archives to the extent required by our systems for backing up and protecting our database and website or for other administrative purposes. If you purchase Content and then delete it from your account, we preserve a copy of the Content in order to fulfill the order. Likewise if you make Content available for sale to others and it is purchased before you delete the Content, we keep the Content in order to be able to fulfill the order. We do not use backup copies of deleted Content except as provided herein.
If you delete your account, Seabunny reserves the right to keep any information in its archives that it reasonably determines is necessary to comply with its legal obligations. Seabunny does not retain residual rights to deleted or retired work other than those outlined above.
You understand and agree that your use of the site is at your sole risk. This site and the information, services, products, and materials available through it are provided on an “as is” and “as available” basis.
To the fullest extent permissible pursuant to applicable law, seabunny and its representatives expressly disclaim all warranties of any kind whether express or implied, including but not limited to any warranties of title, or implied warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, obtained by you from seabunny or through or from the site shall create any warranty not expressly stated in these terms.
Seabunny does not make any warranty that (a) the site, its content or any products ordered through the site, including fabrics, will meet your requirements, or (b) that the site or service will be uninterrupted, timely, secure, or error free, or (c) the quality of any products, services, information, or other material purchased or obtained by you through the site will meet your expectations, or (d) that defects, if any, will be corrected.
You expressly understand and agree that under no circumstances including, without limitation, its own negligence, shall seabunny or its representatives be liable for any direct, indirect, incidental, special, consequential or exemplary damages arising out of or in connection with the site or any products ordered through the site. In the event that you object to any of these terms or are dissatisfied with your use of the site, your only recourse is to immediately discontinue your use of the site and in the event that any products obtained through the site are defective, your remedy and seabunny’s sole obligation shall be return of the defective products and, upon determination by seabunny of such defects, refund of any amounts paid by you to seabunny for such defective products. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you. In such jurisdictions, liability is limited to the fullest extent permitted by law.
You agree that any claim or cause of action arising out of or related to your use of the site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If any provision of this Agreement is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of this Agreement shall in no way be affected or impaired.
Seabunny shall have no liability for any failure or delay resulting from any condition beyond the reasonable control of Seabunny, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures and Internet disturbances.
This Agreement will be governed by the laws of the State of North Carolina. Sebunny may elect to resolve any controversy or claim arising out of or relating to these Terms or the site by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association and you hereby agree to consent to such arbitration. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Raleigh, North Carolina, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either party may seek any interim or preliminary relief from a court of competent jurisdiction in Raleigh, NC, necessary to protect the rights or the property of you or Seabunny (or its Representatives), pending the completion of arbitration.
Customers shipping into the European Union (EU) who have a problem with their purchase that was not resolved by Seabunny’s customer service department and wish to lodge a complaint should contact the European Commission Online Dispute Resolution service.
Every Seabunny order is print-on-demand just for you. Since we are unable to restock, resell or exchange any orders, we always recommend ordering test swatches first to ensure the product type, color, layout, and design scale meet your expectations. However, if you receive a flawed or damaged item, we stand by our Happiness Guarantee and will gladly replace it or refund it.
Your products are printed and constructed after you order them, so taking the time to order Test Swatches for review is the best way to ensure your happiness. While it may take a bit longer to receive your final goods, this offers assurance that your order will be correct.
Learn how to order Test Swatches:
Printing your own designs? Review The Design Layout Page and Design Previews.
HINT: Established customers learn how to order with confidence.
We know life gets busy, which is why our Happiness Guarantee offer a 60-day window to review your order once it has been received. Every order is reviewed for quality before leaving the factory, but if you find a print flaw or product issue, please contact us through our Help Center. A customer service representative will get back to you as quickly as possible.
Setting up a free Seabunny account before reaching out allows us to help you more efficiently. Please include the following in your first message:
After reviewing this information from your order, we will contact you with what steps we can take to make things right.
NOTE: Seabunnyfabrics.com main site cannot process requests for orders placed on Etsy, Amazon or eBay, or other third-party marketplaces. Please reach out to us through the original platform so that we might help you more easily.
We will gladly reprint and reship any flawed order at our expense by Guaranteed Delivery. We will need a physical delivery address for this expedited option. Otherwise, we will need to ship your goods by Standard FEDEX delivery.
If you no longer need your product and it has not yet printed, we can credit your account in Seabunny or generate a refund.
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