Terms and Conditions
Effective Date: April 27, 2026
These Terms and Conditions ("Terms") govern your use of the Diary of a Flopping Fish website located at www.diaryofafloppingfish.com, including its online shop, blog, and any associated content published across any third-party platforms or distribution channels where Diary of a Flopping Fish content may appear. By accessing our website or any of our content, you agree to be bound by these Terms. If you do not agree, please do not use our website, shop, or consume our content.
About Us
Diary of a Flopping Fish, LLC is a Michigan limited liability company operating the website www.diaryofafloppingfish.com. Our content spans written, audio, and video formats and addresses topics including but not limited to CPTSD, trauma recovery, and personal experience. Our shop offers print-on-demand merchandise related to our brand.
Website and Content Disclaimer
All content published by Diary of a Flopping Fish, LLC — whether on our website or on any third-party platform or distribution channel — is for informational and personal sharing purposes only. It does not constitute medical, psychological, therapeutic, or legal advice of any kind. All content reflects the personal opinions and experiences of the creator and should never be used as a substitute for professional advice from a licensed healthcare provider, therapist, attorney, or other qualified professional. Diary of a Flopping Fish, LLC assumes no responsibility for how any reader, listener, or viewer applies information encountered through our content.
No Crisis Support
Diary of a Flopping Fish, LLC is not a crisis service, mental health provider, or emergency resource. If you or someone you know is in crisis, please contact the 988 Suicide and Crisis Lifeline by calling or texting 988, or contact your local emergency services.
Intellectual Property
All original content produced by Diary of a Flopping Fish, LLC — including but not limited to written posts, blog entries, podcast episodes, videos, logos, graphics, and product designs — is protected by copyright law and may not be reproduced, distributed, modified, or used without express written permission from Diary of a Flopping Fish, LLC.
The name "Diary of a Flopping Fish" and the slogan "Where Quiet Voices Get Loud" are used by Diary of a Flopping Fish, LLC in commerce and are claimed as common law trademarks. Unauthorized use of these marks in a way that could cause confusion, imply affiliation, or misrepresent the source of goods or services is prohibited.
User Conduct
By engaging with any Diary of a Flopping Fish content or community spaces, you agree to treat others with respect. Harassment, hate speech, or abusive behavior toward the creator or other community members will not be tolerated and may result in removal from any community spaces without notice.
Shop Purchases
By placing an order in our shop, you represent that you are at least 18 years of age and that the information you provide is accurate and complete. All sales are subject to our Return & Refund Policy and Shipping Policy, which are incorporated into these Terms by reference. Please review all product details, sizing information, and policies carefully before completing your purchase, as all items are made to order.
Payment
All transactions are processed securely through Wix Payments. By submitting payment information, you authorize Wix Payments to charge the applicable amount for your order. Diary of a Flopping Fish, LLC does not store payment card information.
Third-Party Platforms
Diary of a Flopping Fish, LLC may publish content on third-party platforms, including video hosting, podcast distribution, and social media services. Your use of those platforms is governed by their respective terms of service. Diary of a Flopping Fish, LLC is not responsible for the policies, practices, or content of any third-party platform.
Limitation of Liability
To the fullest extent permitted by law, Diary of a Flopping Fish, LLC shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of this website, consumption of our content on any platform, or purchase of products. Our total liability for any claim arising from a product purchase shall not exceed the amount paid for that specific product.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in the State of Michigan.
Add the following as a section titled "Artwork & Intellectual Property" on your Terms of Use page at diaryofafloppingfish.com:
Artwork & Intellectual Property
All artwork, illustrations, images, and visual content displayed or sold on this website (diaryofafloppingfish.com) are the original work of Erin Lamy, the owner of Diary of a Flopping Fish, LLC, and are protected under United States and international copyright law. The artwork is licensed — not transferred — to Diary of a Flopping Fish, LLC for sale and distribution through this website.
© 2026 Original Artist / Diary of a Flopping Fish, LLC. All rights reserved.
What You May Do
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Purchase prints and physical products for personal display and enjoyment.
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Share images of purchased prints on personal social media, provided credit is given to @diaryofafloppingfish or diaryofafloppingfish.com.
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Purchase prints as gifts for others.
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What You May Not Do
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Reproduce, copy, scan, photograph, or digitize any artwork sold or displayed on this site.
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Resell, redistribute, or sublicense any artwork or print purchased from this site.
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Use any artwork for commercial purposes, including but not limited to merchandise, advertising, print-on-demand services, or promotional materials.
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Create derivative works, tracings, or adaptations of any artwork without express written permission.
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Remove, alter, or obscure any copyright notice or watermark associated with the artwork.
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Claim ownership of, or misrepresent the origin of, any artwork from this site.
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Digital Images & Website Content
Images of artwork displayed on this website are provided solely for the purpose of browsing and purchasing products. Downloading, screenshotting, or otherwise capturing these images for any use beyond personal reference is prohibited.
Licensing
If you are interested in licensing any artwork for commercial, editorial, or other use, please contact us at diaryofafloppingfish.com. Unauthorized use of any artwork may constitute copyright infringement and may be subject to legal action under 17 U.S.C. § 501 et seq.
DMCA Notice
If you believe any content on this website infringes upon your copyright, please contact us with the following information: (1) a description of the copyrighted work you believe has been infringed; (2) the URL where the allegedly infringing content appears; (3) your contact information; and (4) a statement that you have a good faith belief that the use is not authorized. We will respond promptly to valid notices.
Changes to These Terms
We reserve the right to update these Terms at any time. Updated Terms will be posted on this page with a revised effective date. Continued use of our website, shop, or content after changes are posted constitutes acceptance of the updated Terms.
