Terms of service

Terms of Service

OVERVIEW

Welcome to SeaNanigans Adventures.

Throughout these Terms of Service, the terms “we,” “us,” and “our” refer to SeaNanigans Adventures.

SeaNanigans Adventures operates this website and online store, including all related information, content, features, tools, products, and services offered through the website (collectively, the “Services”). Our online store is powered by Shopify, which provides the ecommerce platform that allows us to offer our products and Services to you.

These Terms of Service, together with any policies referenced in them, describe your rights and responsibilities when accessing or using our Services.

Please read these Terms carefully. They contain important information regarding your legal rights, including limitations of liability and disclaimers of warranties.

By visiting, interacting with, purchasing from, or otherwise using our Services, you agree to be bound by these Terms of Service and our Privacy Policy.

If you do not agree to these Terms or our Privacy Policy, you should not access or use our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province, or jurisdiction of residence, or that you are the age of majority and have given consent for any minor dependents under your supervision to use the Services.

To use certain portions of the Services or make a purchase, you may be required to provide information including your name, email address, billing information, payment information, and shipping information.

You represent that all information you provide is accurate, current, and complete and that you have the legal right to provide such information.

You are responsible for maintaining the confidentiality and security of any account credentials associated with the Services and for activity conducted through your account.

You may not sell, transfer, assign, or license your account to another person.

SECTION 2 - OUR PRODUCTS

We make reasonable efforts to accurately display and describe our products.

However, colors, designs, positioning, sizing, and other product characteristics may appear differently depending on your device, screen settings, browser, printing process, garment size, manufacturing process, and other factors.

Many SeaNanigans Adventures products are printed or produced on demand. Because of normal manufacturing and printing variations, the location, scale, color, or appearance of printed artwork may vary slightly from product images or mockups shown on our website.

Such minor variations do not necessarily constitute a product defect.

We do not guarantee that the appearance of a product will exactly match how it appears on your screen or in promotional images.

Product descriptions, pricing, designs, colors, availability, and specifications may be changed at any time without notice.

We reserve the right to discontinue any product or limit quantities available to any person, household, geographic region, or jurisdiction.

SECTION 3 - ORDERS

When you place an order through SeaNanigans Adventures, you are making an offer to purchase the products in your order.

We reserve the right to accept, reject, limit, or cancel an order for any lawful reason.

An order is not considered accepted until payment has been successfully processed and the order has been accepted for fulfillment.

Please review your order carefully before submitting it.

Because many of our products are made to order, production may begin shortly after your purchase is accepted. Once production begins, we may be unable to cancel or modify your order, including changes to size, color, shipping address, personalization, or product selection.

If we cancel or materially change an order, we will attempt to notify you using the email address, billing information, shipping information, or telephone number provided with the order.

Purchases are subject to our Return & Refund Policy.

You represent that products purchased through our Services are intended for lawful personal, household, or permitted business use and will not be purchased or resold in violation of applicable law.

SECTION 4 - PRICES AND BILLING

Prices, discounts, promotional offers, and product availability are subject to change without notice.

The price charged will generally be the price displayed at the time your order is submitted, subject to correction of obvious pricing or system errors.

Unless otherwise stated, displayed product prices do not include applicable taxes, shipping charges, customs duties, import fees, or other charges that may apply.

Promotional offers may be subject to separate terms. If promotional terms conflict with these Terms of Service, the specific promotional terms will control with respect to that promotion.

You agree to provide accurate and complete billing, payment, and account information.

You represent and warrant that:

The payment information you provide is accurate and complete.
You are authorized to use the payment method provided.
Charges associated with your order will be honored by your payment provider.
You are responsible for all authorized charges, applicable taxes, and shipping costs associated with your purchase.

SECTION 5 - SHIPPING AND DELIVERY

Shipping and delivery dates provided by SeaNanigans Adventures are estimates and are not guaranteed unless expressly stated otherwise.

We are not responsible for delays caused by shipping carriers, severe weather, natural disasters, customs processing, transportation disruptions, incorrect shipping information provided by the customer, or other events outside our reasonable control.

Customers are responsible for providing a complete and accurate delivery address.

If an order is returned, lost, delayed, or otherwise affected because the customer provided an incorrect or incomplete shipping address, additional shipping charges may apply.

Risk of loss may transfer to you when the order is transferred to the shipping carrier, to the extent permitted by applicable law.

Nothing in this section limits any rights you may have under applicable consumer protection law.

SECTION 6 - INTELLECTUAL PROPERTY

The content available through SeaNanigans Adventures, including our original designs, artwork, logos, graphics, photographs, videos, text, product names, slogans, website content, branding, layout, and other materials, may be protected by copyright, trademark, and other intellectual property laws.

Unless expressly authorized by us, you may not reproduce, copy, modify, distribute, sell, resell, commercially exploit, publish, display, create derivative works from, or otherwise use our protected content for commercial purposes.

Purchasing a SeaNanigans Adventures product does not grant you ownership of or a license to commercially reproduce the artwork or intellectual property appearing on that product.

SeaNanigans Adventures names, logos, designs, product names, slogans, and other brand identifiers may be trademarks or other protected intellectual property of SeaNanigans Adventures or their respective owners.

Shopify's name, logo, products, and related trademarks belong to Shopify or its respective affiliates.

Any third-party names, cruise lines, destinations, businesses, trademarks, characters, logos, or other intellectual property referenced on the Services remain the property of their respective owners.

Unless expressly stated otherwise, SeaNanigans Adventures is not affiliated with, sponsored by, endorsed by, or officially connected with any cruise line, travel company, destination, venue, or other third-party brand merely because it is referenced in descriptive content.

All rights not expressly granted are reserved.

SECTION 7 - OPTIONAL TOOLS AND THIRD-PARTY SERVICES

We may provide access to tools, applications, payment processors, fulfillment providers, social media services, shipping services, or other services provided by third parties.

We do not necessarily monitor or control these third-party services.

Access to third-party tools may be provided “as is” and “as available” without warranties or endorsements from SeaNanigans Adventures.

Your use of third-party services may be governed by separate terms and privacy policies established by those providers.

We may add, remove, or modify third-party tools and features offered through the Services at any time.

SECTION 8 - THIRD-PARTY LINKS

Our Services may contain links to websites, social media platforms, products, services, or content operated by third parties.

We are not responsible for examining or guaranteeing the accuracy, safety, availability, or practices of third-party websites.

If you choose to access a third-party website or service, you do so subject to that third party's terms, conditions, and policies.

SeaNanigans Adventures is not responsible for losses or damages arising from transactions conducted directly with third parties.

Questions or complaints regarding products or services purchased directly from a third party should generally be directed to that third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

SeaNanigans Adventures is powered by Shopify, which provides the ecommerce technology used to operate our online store.

However, purchases made from SeaNanigans Adventures are transactions directly between you and SeaNanigans Adventures.

Shopify is not the seller of SeaNanigans Adventures products and is not responsible for the products sold through our store, except to the extent otherwise required by applicable law or Shopify's own contractual obligations.

By using the Services, you acknowledge that Shopify is a technology provider supporting our ecommerce operations.

SECTION 10 - PRIVACY

Personal information collected through our Services is handled in accordance with our Privacy Policy.

Because our ecommerce Services are hosted by Shopify, Shopify may collect and process certain personal information related to your access to and use of our Services.

Information may also be shared with service providers, payment processors, fulfillment providers, shipping companies, marketing providers, analytics providers, and other parties when reasonably necessary to operate our business and fulfill customer orders.

Please review our Privacy Policy for additional information regarding how personal information is collected, used, disclosed, and protected.

SECTION 11 - REVIEWS, COMMENTS, AND FEEDBACK

If you submit product reviews, photographs, videos, comments, suggestions, ideas, testimonials, or other materials to SeaNanigans Adventures (“Feedback”), you represent that you have the right to submit that content.

Unless otherwise prohibited by law, you grant SeaNanigans Adventures a non-exclusive, worldwide, royalty-free, transferable, sublicensable license to use, reproduce, modify, publish, display, distribute, and promote such Feedback in connection with our business and marketing.

You represent that your Feedback:

Does not infringe the intellectual property or privacy rights of another person.
Is not knowingly false, deceptive, defamatory, unlawful, threatening, abusive, obscene, or malicious.
Does not contain malware or harmful software.
Does not falsely impersonate another person.
Properly discloses compensation or incentives when disclosure is required by law.

We may remove or decline to display Feedback that we reasonably believe violates these Terms or applicable law.

You remain responsible for the content and accuracy of Feedback you submit.

SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS

Information displayed through the Services may occasionally contain typographical errors, inaccuracies, omissions, or technical errors relating to product descriptions, product images, pricing, discounts, promotions, shipping costs, delivery estimates, inventory, or availability.

We reserve the right to correct errors, update information, modify listings, or cancel affected orders when permitted by law.

If an order is canceled because of a material pricing or listing error, amounts charged for the canceled portion of the order will be refunded.

SECTION 13 - PROHIBITED USES

You may use our Services only for lawful purposes.

You may not use the Services to:

Violate applicable laws or regulations.
Infringe our intellectual property rights or the rights of others.
Harass, abuse, threaten, defame, intimidate, or harm another person.
Provide fraudulent, false, or intentionally misleading information.
Transmit viruses, malware, malicious code, or harmful software.
Engage in phishing, spam, fraudulent transactions, or unauthorized solicitation.
Impersonate another person or organization.
Attempt to gain unauthorized access to systems, customer accounts, or data.
Collect personal information from other users without authorization.
Circumvent or interfere with website security features.
Reproduce, scrape, extract, copy, resell, or commercially exploit substantial portions of the Services without authorization.
Use automated systems in a manner that disrupts, damages, overloads, or interferes with the operation or security of the Services.

We reserve the right to restrict or terminate access to the Services if we reasonably determine that these Terms have been violated.

SECTION 14 - AUTOMATED SYSTEMS AND AGENTS

Automated software, artificial intelligence agents, bots, crawlers, and other automated systems may not access or interact with our Services in a manner that violates applicable law, circumvents technical protections, compromises security, impersonates a human user for fraudulent purposes, or materially interferes with operation of the Services.

We may use reasonable technical measures to restrict automated activity that threatens security, website performance, customer privacy, intellectual property, or the operation of our Services.

Nothing in this section is intended to prohibit ordinary search-engine indexing, accessibility technologies, or other legitimate automated activity that we authorize or permit.

SECTION 15 - TERMINATION

We may suspend or terminate your access to some or all of the Services if you violate these Terms, misuse the Services, engage in fraudulent activity, threaten the security of the Services, or when otherwise permitted by law.

Termination does not eliminate obligations incurred before termination, including payment obligations associated with valid purchases.

Provisions that by their nature should survive termination will continue to apply, including provisions regarding intellectual property, limitations of liability, indemnification, governing law, and dispute-related provisions.

SECTION 16 - DISCLAIMER OF WARRANTIES

To the fullest extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis.

We do not guarantee that the Services will always be uninterrupted, secure, timely, or error-free.

Product information and other content available through the Services are provided for general informational purposes.

EXCEPT TO THE EXTENT EXPRESSLY PROVIDED BY SEANANIGANS ADVENTURES OR REQUIRED BY APPLICABLE LAW, WE DISCLAIM WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, DURABILITY, AND NON-INFRINGEMENT.

Some jurisdictions do not permit certain warranty exclusions. In those jurisdictions, these exclusions apply only to the maximum extent permitted by law.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SEANANIGANS ADVENTURES AND ITS OWNERS, AFFILIATES, EMPLOYEES, CONTRACTORS, AGENTS, SERVICE PROVIDERS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES.

THIS MAY INCLUDE LOSS OF PROFITS, REVENUE, SAVINGS, DATA, BUSINESS OPPORTUNITIES, OR SIMILAR LOSSES.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

SECTION 18 - INDEMNIFICATION

To the extent permitted by law, you agree to indemnify and hold harmless SeaNanigans Adventures and its affiliates, employees, contractors, agents, service providers, and licensors from third-party claims, liabilities, damages, losses, and reasonable expenses arising from:

Your material violation of these Terms.
Your unlawful use of the Services.
Your violation of another person's rights.
Content or Feedback you submit that violates applicable law or the rights of a third party.

Nothing in this section requires indemnification where prohibited by applicable law.

SECTION 19 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law.

The invalid or unenforceable portion will be considered severed from these Terms without affecting the validity or enforceability of the remaining provisions.

SECTION 20 - WAIVER AND ENTIRE AGREEMENT

Our failure to exercise or enforce any provision of these Terms does not constitute a waiver of that provision or any other right.

These Terms, together with policies and notices posted through our Services, constitute the agreement governing your use of the Services to the extent permitted by applicable law.

SECTION 21 - ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

We may assign or transfer our rights and obligations in connection with a sale, transfer, restructuring, merger, acquisition, business reorganization, or other lawful business transaction, subject to applicable law.

SECTION 22 - GOVERNING LAW

These Terms of Service and your use of the Services will be governed by the laws of the State of Texas, without regard to conflict-of-law principles, except where applicable federal law or mandatory consumer protection law provides otherwise.

To the extent permitted by law, legal proceedings arising from these Terms or the Services will be brought in a court of competent jurisdiction located in or serving Jefferson County, Texas.

Nothing in this section limits any consumer right to bring a claim in another jurisdiction when applicable law provides that right.

SECTION 23 - HEADINGS

Section titles and headings are provided for convenience only and do not affect the interpretation of these Terms.

SECTION 24 - CHANGES TO THESE TERMS

You may review the current version of these Terms of Service on this page at any time.

We reserve the right to modify these Terms when necessary to reflect changes to our business, Services, legal requirements, or operating practices.

Changes will become effective when posted unless a later effective date is specified.

When required by applicable law, we will provide additional notice of material changes.

Your continued use of the Services after updated Terms become effective constitutes acceptance of the revised Terms to the extent permitted by applicable law.