Terms of Use
Effective as of July 7, 2023
PLEASE READ THESE TERMS OF USE AND OUR PRIVACY POLICY CAREFULLY.
These Terms of Use (the “Terms”) form a binding agreement between you and Fanatics Collectibles AD, Inc. (“Fanatics Live”) which provides all of the terms and conditions governing your access and use of www.fanatics.live and mobile application(s) (collectively, the “Platform”) as well as your creation of your Account (as defined herein), use and access of the Platform, any transactions or dealings with us or through the Platform in any way, and any of THE INFORMATION, CONTENT, FUNCTIONALITY AND RESOURCES PUBLISHED OR ENABLED VIA the Platform (collectively, the “Services”).
PLEASE NOTE THAT THESE TERMS OF USE INCLUDE A MANDATORY ARBITRATION PROVISION WHICH REQUIRES THAT ANY PAST, PENDING, OR FUTURE DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, BASED SOLELY ON YOUR OR OUR OWN ALLEGED LOSSES AND NOT ON A CLASS-WIDE, COLLECTIVE, REPRESENTATIVE OR CONSOLIDATED BASIS. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION ON A RETROACTIVE BASIS AND AS TO ANY FUTURE CLAIMS AND YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION IN CONNECTION WITH YOUR USE OF THE PLATFORM, YOU MAY OPT OUT OF THE ARBITRATION PROVISION WITHIN 30 DAYS BY FOLLOWING THE INSTRUCTIONS PROVIDED IN THESE TERMS WITHIN THE SECTION ENTITLED “BINDING ARBITRATION AND CLASS WAIVER.” FURTHERMORE, BY USING THE PLATFORM AND/OR ANY SERVICES AND, IN SO DOING, ACCEPTING THESE TERMS: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS FOR YOUR OWN LOSSES AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, REPRESENTATIVE OR CONSOLIDATED PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
These Terms govern your use of the Platform and apply to all users visiting and/or using the platform. By accessing any of the Services or using the Platform in any way, including by browsing the Platform or attempting to purchase goods offered for sale through the Platform (each, a “Product”), you represent that (1) you have read, understand, and agree to be bound by these Terms, (2) you are of legal age to form a binding contract with Fanatics Live, and (3) you are an individual user or, if registering for or on behalf of an entity, you have the authority to bind such entity to these terms. If you do not agree to be bound by these terms, you may not access or use this platform.
Your purchase or use of, and participation in, certain Products or Services may be subject to additional terms including, without limitation, our Community Guidelines (“Supplemental Terms”) and such Supplemental Terms will either be listed in these Terms or will be presented to you for your acceptance when you purchase a relevant Product or use a relevant Service. If these Terms are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Product or Service only. These Terms and any applicable Supplemental Terms are referred to herein as the “Agreement.”
PLEASE NOTE THAT THESE TERMS ARE SUBJECT TO CHANGE BY FANATICS LIVE IN ITS SOLE DISCRETION AT ANY TIME. You agree that you will be bound by any such changes and that it shall be your responsibility to check the current Terms as posted on the Platform prior to accessing the Platform or participating in any Services. Your further use of the Platform and/or Services after any changes are posted shall constitute further consent and agreement to the Terms as changed or amended. We will keep current the “Last Updated” date at the top of these Terms. Any changes to these Terms will be effective immediately for all users of the Platform and/or Services. Fanatics Live may require you to provide consent to the updated Agreement in a specified manner before further use of the Platform and/or Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Platform and Services and your Account may be terminated in the sole discretion of Fanatics Live. PLEASE REGULARLY CHECK THE PLATFORM TO VIEW THE THEN-CURRENT TERMS.
About Fanatics Live. Fanatics Live is live commerce platform and marketplace which provides sellers with the ability to sell collectibles and merchandise and buyers with the ability to find and purchase high quality products. While Fanatics Live facilitates auctions and sales of products, Fanatics Live is not an auctioneer and is not a party to contract for sale between third-party sellers and buyers.
Using Fanatics Live. The Platform, including the information, products, content, and resources available on the Platform and/or through any Services, is protected by intellectual property laws throughout the world. Unless otherwise specified by Fanatics Live in a separate license, your right to use the Platform is subject to these Terms.
Certain Restrictions. You agree that you will not, will not attempt to, and will not allow any third party to: (a) license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Platform, the Services, or any portion of the Platform and/or Services, (b) frame or utilize framing techniques to enclose any trademark, logo, or other intellectual property (including images, text, page layout or form) of Fanatics Live (collectively and without limitation, the “Fanatics Live IP”); (c) use any metatags or other “hidden text” using Fanatics Live’s name or any Fanatics Live IP; (d) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Platform and/or Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any portion of the Platform and/or Services; (f) access the Platform and/or Services in order to build a similar or competitive digital property, platform, application or service; (g) copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means any part of the Platform and/or Services, except as expressly stated herein; and/or (h) remove, alter, or destroy any copyright or trademark notices or other proprietary markings contained on the Platform or within any Services. Any future release, update, or other addition to the Platform and/or Services shall be subject to these Terms. Fanatics Live, its affiliates, suppliers, and service providers reserve all rights not explicitly granted in these Terms. Any unauthorized use of the Platform and/or the Service automatically and immediately terminates the licenses granted by Fanatics Live pursuant to these Terms. These rights are non-exclusive, limited, and revocable by us at any time in our sole discretion without advance notice or liability. As your right to access and use the Platform and/or Services is personal to you, you may not assign nor transfer your right; any attempt to do so is void.
Third-Party Materials. As a part of the Platform or Services, you may have access to materials that are hosted by another party. You agree that it is impossible for Fanatics Live to monitor such materials and that you access these materials at your own risk.
Content.
Types of Content. You acknowledge that all content available on or through the Platform and/or Services is the sole responsibility of the party from whom such content originated. This includes all other users as well as sellers and other third parties posting content, selling Products or Services on or through the Platform, or otherwise hosting breaking events, auctions, and other video broadcasts, whether live or pre-recorded.
Content Generally. This means that, to the extent that you upload, post, host, e-mail, transmit or otherwise make available any content, including, for example and without limitation, live-stream trading card breaks (such content collectively, “User Content”) through the Platform, (a) you, and not Fanatics Live, are entirely responsible for all such User Content; and (b) other users, and not Fanatics Live, are similarly responsible for all User Content that such other users make available through the Platform.
Content Submission. By submitting User Content, you represent and warrant that each time you submit any User Content that you are at least the age of majority in the jurisdiction in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User Content you submit, and that, as to the User Content (a) you own or otherwise control all of the rights to your User Content, or you have the lawful right to submit the User Content and grant Fanatics Live the rights to it that you are granting by these Terms and any applicable Supplemental Terms, all without any obligation by Fanatics Live to obtain consent of any third-party and without creating any obligation or liability as to Fanatics Live, (b) you have obtained all required consents and releases, including, but not limited to, the right to use an individual’s name and likeness in accordance with an individual’s right of publicity, (c) you have not and will not violate any individual’s rights, including without limitation any intellectual property rights or rights under applicable privacy laws, (d) the use of your User Content does not violate this Agreement or applicable law, and will not violate any rights of or cause injury to any person or entity, and that (e) to the greatest extent permitted by law, you irrevocably and unconditionally waive any and all moral rights whatsoever, or any rights of a similar nature, in your User Content, for the benefit of or in favor of Fanatics Live, including any right to be associated with your User Content (right of paternity) or any right to restrict or prevent the modification or use of your User Content in any manner whatsoever (right of integrity). To the extent you retain any such moral rights under applicable law, you agree not to assert them against Fanatics Live or other users in any manner whatsoever.
Restrictions on User Content. It is important that the Platform and/or Services be used safely, and in accordance with the law, for the enjoyment of all users. You agree that you will not, will not attempt to, and will not allow any third party to: (a) promote any illegal activity, or advocate, promote or assist any unlawful act; (b) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with the Terms, the Supplemental Terms, or the Privacy Policy; (c) transmit any material or content violates these Terms or our Community Guidelines, such as material that is pornographic, dehumanizing, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist, xenophobic, or illegal; (d) transmit any material or content that attempts to falsely state or otherwise misrepresent your identity or affiliation with a person or entity; (e) transmit material or content that promotes, provides, or relates to instructional information about illegal activities or promotes physical harm or injury against any individual or group; (f) transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; or (g) transmit or encourage the transmission of any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, patent, or right of publicity, or which otherwise constitutes or promotes counterfeit materials or goods. For more information about our restrictions on certain kinds of User Content, visit our Community Guidelines.
No Obligation to Pre-Screen User Content. You acknowledge that Fanatics Live has no obligation to pre-screen User Content, although Fanatics Live reserves the right in its sole discretion to pre-screen, refuse or remove any User Content. By accessing the Platform, you irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of User Content, including any review or Feedback (as defined below) provided to Fanatics Live. If Fanatics Live pre-screens, refuses or removes any User Content, you acknowledge that Fanatics Live will do so for Fanatics Live’s benefit, not yours. Without limiting the foregoing, Fanatics Live shall have the right to remove at its sole discretion any User Content that violates these Terms or is otherwise objectionable. For more information about our User Content Standards, visit our Community Guidelines.
Storage and Maintenance. Unless expressly agreed to by Fanatics Live in writing elsewhere, Fanatics Live has no obligation to store or otherwise maintain any User Content. Fanatics Live has no responsibility or liability for: (a) the deletion or accuracy of any User Content, including any User Content provided by you; (b) the failure to store, transmit or receive transmission of User Content; or (c) the security, privacy, storage, or transmission of other communications originating with or involving use of the Platform and/or Services.
Ownership.
Fanatics Live Ownership. You agree that Fanatics Live and its suppliers own all right, title and interest in and to the Platform and the Services, including the information, Products, content, and resources available through the Platform and/or Services (including without limitation Fanatics Live IP, titles, computer code, concepts, artwork, methods of operation, moral rights, and documentation).
Trademarks. Fanatics Live’s stylized name and all related graphics, logos, trademarks, and trade names used in connection with the Platform and/or Services are the trademarks of Fanatics Live and may not be used without permission in connection with your or any third-party product or service. Other trademarks, logos, and trade names that may appear on the Platform are the property of their respective owners.
Feedback. You agree that submission of any content or materials, including without limitation ideas, suggestions, reviews, documents, and/or proposals of any kind, to Fanatics Live at Fanatics Live’s request or through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Fanatics Live has no obligation (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You grant to Fanatics Live a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Platform and/or Services and/or Fanatics Live’s business, and for any other purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same.
Account Registration.
Account Registration Data. To access certain features of the Platform and/or participate in trading card breaks, place bids, or make purchases on the Platform, you may be required to register to create an account on the Platform (“Account”). In registering an Account, you agree to (a) provide true, accurate, current, and complete information about yourself as prompted by the registration form (the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. To the extent Registration Data includes personally identifiable information, we shall not use such personally identifiable information for any purpose other than providing the Services and as further set forth in the Privacy Policy.
Eligibility. You represent that you are at least 18 years old and legal age to form a binding contract and not a person barred from using the Platform under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account, including the positing of any User Content. You agree that you shall monitor your Account to restrict use by unauthorized users, and you will accept full responsibility for any unauthorized use of the Platform and/or Services by unauthorized users of your Account. You may not share your Account or password with anyone, and you agree to (a) notify Fanatics Live immediately of any unauthorized use of your password or any other breach of security; and (b) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Fanatics Live has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current, or incomplete, Fanatics Live has the right to suspend or terminate your Account and refuse any and all current or future use of the Platform and/or Services (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account at any time. Fanatics Live reserves the right to remove or reclaim any usernames in its sole discretion at any time and for any reason, including without limitation claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use the Platform and/or Services if you have been previously removed or banned by Fanatics Live from any use of the Platform and/or Services .
Access Through Third-Party Accounts. You may be able to register for or login to your Account using a valid account on a third-party service supported by the Platform (“Third-Party Account”). If you access the Platform through a Third-Party Account, you represent that you are entitled to disclose your Third-Party Account login information to us or otherwise grant us access to your Third-Party Account (including without limitation for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Fanatics Live to pay any fees or making Fanatics Live subject to any usage limitations imposed by such third-party service providers. By granting Fanatics Live access to any Third-Party Accounts, you understand that Fanatics Live may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account that is available on or through the Platform and/or Services in accordance with the functionality of the Platform and/or Services. All such content shall be your User Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on the Platform. Please note that if a Third-Party Account or associated service becomes unavailable, or Fanatics Live Live’s access to such Third-Party Account is terminated by the third-party service provider, then your User Content may no longer be available on and through the Platform. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND FANATICS LIVE DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS.
Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Fanatics Live.
User Conduct.
Cheating and Hacking. You agree that you will not, under any circumstances:
Interfere with or damage the Platform and/or Services, including, without limitation, by using viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-site attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology;
Modify or cause to be modified any files that are a part of the Platform and/or Services ;
Disrupt, overburden, or aid or assist in the disruption or overburdening of: (i) any computer or server used to offer or support the Platform and/or Services ; or (ii) the enjoyment of the Platform and/or Services by any other person;
Institute, assist, or become involved in any type of attack on the Platform and/or Services or other attacks or attempts to disrupt the Platform and/or Services ;
Attempt to gain unauthorized access to the computers, servers or networks connected to the Platform and/or Services by any means other than the user interface provided by Fanatics Live, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device or software that is part of the Platform and/or Services ;
Access, tamper with or use non-public areas of the Platform and/or Services, Fanatics Live’s computer systems, and/or the technical delivery systems of Fanatics Live’s providers;
Attempt to probe, scan, or test the vulnerability of any Fanatics Live system or network, or breach any security or authentication measures;
Disrupt or interfere with the security of, or otherwise cause harm to, the Platform and/or Services , systems, resources, servers, or networks connected to or accessible through the Platform and/or Services or any affiliated or linked sites; or
Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Fanatics Live or any of Fanatics Live’s affiliates or providers or any other third party (including another user) to protect the Platform and/or Services .
Commercial Activities. You agree that you will not, under any circumstances (except to the extent expressly authorized by these Terms):
Reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the Platform and/or Services, or access to or use of the Platform and/or Services.
Upload, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation in connection with the Platform;
Use the Platform or any part thereof for any commercial purpose without Fanatics Live’s prior written consent, including, but not limited to, communicating, or facilitating any commercial advertisement or solicitation; or
Market any goods for any business purposes on or in connection with the Platform and/or Services without Fanatics Live’s prior written consent.
Unauthorized Use or Access. You agree that you will not, under any circumstances:
Use the Platform for any illegal purpose including, without limitation, engaging in fraud, misrepresentation, or shill bidding;
Interfere or attempt to interfere with the proper functioning of the Platform and/or Services or connect to or use the Platform and/or Services in any way not expressly permitted by these Terms;
Systematically retrieve data or other content from the Platform and/or any Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods or by using bots, crawlers, spiders, or otherwise;
Use, display, mirror or frame the Platform and/or any Services, or any individual element within the Platform and/or any Services, Fanatics Live’s name, any Fanatics Live IP or other proprietary information, or the layout and design of any page or form contained on a page, without Fanatics Live’s express written consent;
Use any unauthorized software that accesses, intercepts, “mines” or otherwise collects information from or through the Platform and/or any Services or that is in transit from or to the Platform, including, but not limited to, any software that reads areas of RAM or streams of network traffic used by the Platform and/or any Services;
Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server, or the Platform and/or Services, whether by using a network analyzer, packet sniffer or other device;
Make any automated use of the Platform and/or any Services, or take any action that imposes or may impose (in Fanatics Live’s sole discretion) an unreasonable or disproportionately large load on the infrastructure of the Platform and/or any Services;
Bypass any robot exclusion headers or other measures Fanatics Live takes to restrict access to the Platform and/or Services, or use any software, technology, or device to send content or messages, scrape, spider or crawl on the Platform, or harvest or manipulate data;
Use, facilitate, create, or maintain any unauthorized connection to the Platform and/or any Services, including, but not limited to: (i) any connection to any unauthorized server that emulates, or attempts to emulate, any part of the Platform and/or Services; or (ii) any connection using programs, tools or software not expressly approved by Fanatics Live;
Reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Platform and/or Services;
Upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
Solicit or attempt to solicit personal information from other users of the Platform;
Register for more than one Account at any given time or register for an Account on behalf of an individual other than yourself;
Use the Platform and/or Services to collect, harvest, transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; or
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, but not limited to, clear GIFs, 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”); or
Otherwise use the Platform and/or Services for purposes other than those for which they were designed.
Third-Party Services. The Platform may contain links to third-party properties (“Third-Party Properties”). When you click on a link to a Third-Party Property, we may not warn you that you have left the Platform and are subject to the terms and conditions (including privacy policies) of another property. Such Third-Party Properties are not under the control of Fanatics Live. Fanatics Live is not responsible for any Third-Party Properties. Fanatics Live provides navigation to these Third-Party Properties only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Properties or any product or service provided in connection therewith. You use all Third-Party Properties at your own risk. When you leave our Platform, these Terms no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Property, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
Indemnification. You agree to indemnify, defend and hold harmless Fanatics Live, its parents, subsidiaries, affiliates, officers, directors, employees, agents, partners, suppliers, consultants, advertisers, payment services promoters, and licensors, and their agents, employees, officers, directors, successors, and assigns (each, a “Fanatics Live Party” and, collectively, the “Fanatics Live Parties”) from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees and costs of suit) relating to or arising out of any and all of the following: (a) your account and use of, or inability to use the Platform and/or Services; (b) your violation of these Terms; (c) your violation of any rights of another party (including another user); or (d) your violation of any applicable laws, rules or regulations. Fanatics Live reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Fanatics Live in asserting any available defenses. This provision does not require you to indemnify any of the Fanatics Live Parties for such party’s fraud or willful misconduct in connection with the Platform or any Services provided hereunder. You agree that the provisions in this section will survive any termination of these Terms and/or your access to the Platform and/or Services.
Terms of Sale.
Order acceptance and cancellation. To place an order or bid for any Products or Services from the Platform, you will be required to create an Account. All pricing and payment terms for Products (“Terms of Purchase”) are as indicated at point of sale or otherwise on the Platform and/or through any Services in connection with such products, and any payment obligations you incur are binding. You may be able to cancel your order in accordance with our then-current Refund and Cancellation Policy or the Terms of Purchase applicable to the Product. In the event of a conflict between the cancellation and refund policies and the applicable Terms of Purchase, the Terms of Purchase shall govern.
Purchase Terms. Products are made available at prices and subject to purchase terms and/or methods (e.g., via auction) identified in the Terms of Purchase applicable to such Products or as otherwise identified on the Platform and/or Services. Certain additional terms may be updated from time to time, may apply to your purchase of such Products.
Payment. When you pay with a credit or debit card, you must supply your card details when you place an order, in accordance with the Terms of Purchase. You agree to pay all fees and charges for each accepted order you make through the Platform. You agree that Fanatics Live may pre-authorize and charge your debit or credit card through our payment service provider’s portal. We reserve the right to verify the identity of the credit or debit cardholder by requesting appropriate documentation. We may seek pre-authorization of your card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. If your card has been pre-authorized in connection with a bid that is not accepted, we will release such pre-authorization once the auction is complete or once you have canceled such bid. Your payment will be charged to your credit or debit card once your order has shipped. If non-payment occurs due to a failed credit card transaction, then we may terminate the applicable order.
We accept Discover Network, Visa, MasterCard, and American Express credit and debit cards through our third party payment service provider. We use Stripe (“Payment Processor”) as our third party payment service provider. Your use of the Platform and the payment processing provided by the Payment Processor is subject to the Stripe Connected Account Agreement that includes the Stripe Platform Agreement, as may be modified by the Payment Processor from time to time (collectively, the “Payment Processor Agreement” ). As a condition of using the Payment Processor’s payment processing, you must provide accurate and complete information, and you authorize us to share this information with the Payment Processor and to charge your payment method for all amounts that may become due under these Terms. All bank, credit card, or other payment information is sent directed to and stored with the Payment Processor using its security protocols. Fanatics Live does not store your payment information on its systems and shall not have any responsibility for the safety or security of that information. Your use of the Payment Processor’s payment processing is conditioned upon your compliance with the Payment Processor Agreement, and if the Payment Processor Agreement is terminated by the Payment Processor, you may not be able to use the Platform, or you may have your use of the Platform suspended or terminated. We may change or add other payment processing services at any time upon notice to you, which may be subject to additional terms or conditions. By purchasing a product on the Platform, you consent and authorize our use of the Payment Processor to process your payment. We disclaim all liability with regards to any fees or problems you have with our Payment Processor.
Want to know more? Please reach out to our customer service at support@fanatics.live for additional information. Our payment service provider and the credit and debit cards we accept may change without notice.
Prices, taxes, fees. Unless otherwise indicated, the prices listed for Products and Services provided by Fanatics Live on the Platform do not include sales tax, shipping, and handling charges. You will have the opportunity to review Product prices and the estimated sales tax, shipping, and handling charges prior to submitting your order or completing the checkout process. The final calculation of the actual sales tax collected, which will be calculated in accordance with the tax code of the jurisdiction to which the order will be shipped, will be reflected in your order confirmation e-mail, and packing slip. Except for sales tax, which is collected by Fanatics Live, prices for products exclude all other taxes, duties, levies or fees, or other similar charges imposed on you by any taxing authority related to your order. You are responsible for payment of such taxes, duties, levies, fees, or other similar charges resulting from your order (other than taxes imposed on Fanatics Live’s income) and we are not responsible for collecting, reporting, paying, or remitting to you any such taxes, fees, or charges. Notify Fanatics Live promptly should you believe your order has a pricing error. Fanatics Live reserves the right to change prices at any time.
Shipping. Shipping for Fanatics Live Products is fulfilled by a Fanatics Live partner in accordance with Fanatics Live’s then-current Shipping and Tracking Policy, as may be updated from time to time. Not all delivery options are available in all areas. Not all Products are available in all areas.
Risk of Loss. The risk of loss and title for Products you purchase pass to you upon our delivery of the Products to the carrier. Replacement of Products and credits for shipped products claimed as not received are subject to investigation, which may include notifying the carrier.
Tracking your order. As your order ships, you may receive an email providing the shipment tracking number(s). To see the detailed progress of your shipment, click on the tracking number link provided in your email. Please note that tracking detail may not be active immediately with FedEx or any other carrier; in that case, check back in several hours or the following day. Tracking information and support is provided by our third-party service provider. We disclaim all liability in connection with tracking information or associated support.
Refund Policy. All requests for refunds are processed in accordance with Fanatics Live’s then-current Refund and Cancellation Policy, as may be updated from time to time in Fanatics Live’s sole discretion. Refunds may not be available except in the event Products received are damaged, defective, or not as otherwise described on the Platform due to a fact or circumstance within our reasonable control.
Disclaimers. Please note that Fanatics Live reserves the right to decline or cancel orders in our sole discretion, in whole or in part, at any time, including after acceptance, in which case we will return any amounts already paid for any portions of any orders that have been cancelled. Except for any obligations that may be set forth in our then-current Refund and Cancellation Policy, if any, we will have no liability for any such declined or cancelled orders. Fanatics Live may also limit the quantity of Products available to purchase, whether generally or by any individual user, at any given time or period or in connection with any specific auction or other sale.
Account and Access Termination in Sole Discretion of Fanatics Live. Fanatics Live may also prohibit a user from purchasing any Products or otherwise accessing or using the Platform and/or Services in Fanatics Live’s sole discretion, including without limitation in the event of a violation of these Terms. Fanatics Live reserves the right to cancel any auction or other offer of sale, at any time.
LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES AND CONDITIONS.
LIMITATION OF LIABILITY. BY ACCESSING THE PLATFORM, USING THE SERVICES OR DOWNLOADING THE PLATFORM, YOU ACKNOWLEDGE AND AGREE THAT SUCH USE IS AT YOUR OWN RISK AND THAT NONE OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR ANY OF FANATICS LIVE, ITS AFFILIATES, SUBSIDIARIES OR ANY OF THEIR EMPLOYEES, AGENTS OR CONTRACTORS (COLLECTIVELY, “RELEASED PARTIES”) ARE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF DATA, LEGAL FEES, EXPERT FEES, COST OF PROCURING SUBSTITUTE SERVICES, LOST OPPORTUNITY, OR OTHER DISBURSEMENTS) WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, THROUGH THE ACCESS TO, USE OF, RELIANCE ON ANY MATERIAL OR CONTENT ON THE PLATFORM AND/OR SERVICES, OR BROWSING OF THE PLATFORM AND/OR SERVICES OR THROUGH YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE PLATFORM AND/OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE TOTAL LIABILITY OF THE RELEASED PARTIES IS LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID FANATICS LIVE IN THE 180 DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. WITHOUT LIMITING THE FOREGOING, THE RELEASED PARTIES ASSUME NO RESPONSIBILITY, AND WILL NOT BE LIABLE, FOR ANY DAMAGES RELATING TO OR CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OF ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE PLATFORM. THE RELEASED PARTIES CANNOT AND DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE PLATFORM.
DISCLAIMER OF WARRANTIES. THE PLATFORM, IN WHOLE AND IN PART (INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SERVICES, AND USER MATERIALS), ARE PROVIDED, TRANSMITTED, DISTRIBUTED, AND MADE AVAILABLE “AS IS” AND “AS AVAILABLE” WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY: (A) THAT THE PLATFORM AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (B) THAT DEFECTS OR ERRORS IN THE PLATFORM AND/OR SERVICES WILL BE CORRECTED; (C) THAT THE PLATFORM AND/OR SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (D) AS TO THE QUALITY, ACCURACY, COMPLETENESS AND VALIDITY OF ANY INFORMATION OR MATERIALS IN CONNECTION WITH THE PLATFORM AND/OR SERVICES; (E) THAT YOUR USE OF THE PLATFORM AND/OR SERVICES WILL MEET YOUR REQUIREMENTS; OR (F) THAT TRANSMISSIONS OR DATA WILL BE SECURE.
EXCEPTIONS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR WARRANTIES AND LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N – 112, Sacramento, CA 95834, or by telephone at 1 (800) 952-5210.
NO LIABILITY FOR CONDUCT OF THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE THAT THE FANATICS LIVE PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD ANY OF THE FANATICS LIVE PARTIES LIABLE, FOR THE CONDUCT, CONTENT AND COMMERCIAL ACTIVITY OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, OTHER USERS, MERCHANTS, EVENT SPONSORS AND ANY PUBLISHERS ON THE PLATFORM AND/OR SERVICES, AND THAT THE RISK OF INJURY FROM YOUR INTERACTIONS WITH SUCH THIRD PARTIES ON OR AS A RESULT OF THE PLATFORM AND/OR SERVICES RESTS ENTIRELY WITH YOU.
Copyright Infringement Claims; Digital Millennium Act (DMCA) Notice. If you believe that your work has been copied and posted on the Platform in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on the Platform of the material that you claim is infringing; (d) your address, telephone number and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Before you file your notice, please carefully consider whether the use of the copyrighted material at issue is protected by the Fair Use doctrine. If you file a notice when there is no infringing use, you could be liable for costs and attorneys’ fees. Contact information for Fanatics Live’s Copyright Agent for notice of claims of copyright infringement is:
Fanatics Live
205 Hudson Street, 4th Floor
New York, NY 10014
Attn: Legal Department
Email: policy@fanatics.live with subject line DMCA
If content that you have uploaded to the Platform has been removed or disabled due to a third-party’s complaint of copyright infringement, you may file a counter-notification. To be effective, the counter-notification must be a written communication sent to the Copyright Agent address listed above that includes the following: (a) your physical or electronic signature; (b) identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled; (c) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (e) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which Fanatics Live may be found, and that you will accept service of process from the person who provided the initial infringement notification or an agent of such person.
If you have a claim related to trademarks, patents, intellectual property, or any other matter other than copyright, please contact us at policy@fanatics.live Please provide detailed information regarding the nature of your complaint, including but not limited to your name and contact information, the subject matter of the complaint, and any additional information that we may require to review the matter and take action (or take no action) as may be appropriate. Please be advised that we may share the details of your complaint with the user that owns the User Content that is the subject of your complaint, or with appropriate authorities (including law enforcement authorities) if Fanatics Live in its sole discretion believes that such action is necessary, or if we are obligated to do so by law.
Violations. If Fanatics Live becomes aware of any possible violations by you of these Terms or our Community Guidelines, Fanatics Live reserves the right to investigate such violations. If, because of the investigation, Fanatics Live believes that criminal activity has occurred, Fanatics Live reserves the right to refer the matter to, and to cooperate with, all applicable legal authorities. Fanatics Live is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on the Platform, in Fanatics Live’s possession in connection with your use of the Platform and/or Services, to (a) comply with applicable laws, legal process or governmental request; (b) enforce these Terms or our Community Guidelines; (c) respond to your requests for customer service; or (d) protect the rights, property or personal safety of Fanatics Live, its users or the public, and all law enforcement or other government officials, as Fanatics Live in its sole discretion believes to be necessary or appropriate.
If Fanatics Live determines, in its sole discretion, that you have breached any portion of these Terms, or have otherwise demonstrated conduct inappropriate for the Platform, Fanatics Live reserves the right to:
Warn you via e-mail (to any e-mail address you have provided to Fanatics Live) that you have violated these Terms;
Suspend or terminate your access to the Platform (pursuant to Section 13.3 below) and/or
Pursue any other action which Fanatics Live deems appropriate.
If, because of the investigation, we believe that criminal activity has occurred, we reserve the right to refer the matter to, and to cooperate with, all applicable legal authorities.
Term and Termination.
Term. These Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the Platform, unless terminated earlier in accordance with these Terms.
Prior Use. Notwithstanding the foregoing, you acknowledge and agree that these Terms commenced on the earlier to occur of (a) the date you first used the Platform or (b) the date you accepted these Terms, and will remain in full force and effect while you use the Platform, unless earlier terminated in accordance with these Terms.
Termination of Agreement by Us. If you have materially breached any provision of these Terms, if we decide to discontinue our Platform at any time in our sole discretion, or if we are required to do so by law, we have the right to, immediately and without notice, suspend or terminate your Account or access to the Platform and/or Services. We are entitled, except to the extent prohibited by applicable law, to disclose any information or materials on the Platform, in our possession in connection with your use of the Platform, to (a) comply with applicable laws, legal process or governmental request; (b) enforce these Terms; (c) respond to your requests for customer service; or (d) protect the rights, property or personal safety of Us, our users or the public, and all enforcement or other government officials, as we believe necessary or appropriate in our sole discretion.
Termination of Agreement by you. If you want to terminate this Agreement, you may do so by (a) notifying Fanatics Live at any time and (b) closing your Account. Your notice should be sent, in writing, to Fanatics Live’s address, Fanatics Live, 205 Hudson Street, 4th Floor, New York, NY 10014, ATTN: Legal Department.
Effect of Termination. We will not have any liability whatsoever to you for any suspension or termination of your access to the Platform and/or Services. All provisions of these Terms which by their nature should survive, shall survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnification, dispute resolution, limitation of liability, and general provisions.
International Users. The Platform can be accessed from countries around the world and may contain references to Products and Services that are not available in your country. These references do not imply that Fanatics Live intends to announce such Product or Service in your country. The Platform and Services are controlled by Fanatics Live from its facilities in the United States of America. Fanatics Live makes no representations that the Platform and/or Services are appropriate or available for use in other countries or territories. Those who access or use the Platform and/or Services from other countries do so at their own volition and are responsible for compliance with local law.
Arbitration Agreement; Dispute Resolution.
Please read the following arbitration agreement in this section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Fanatics Live and limits the ways you can seek relief from Us. For purposes of the Federal Arbitration Act, the parties agree that this Section is an agreement to arbitrate separate from the Terms and enforceable on its own.
BINDING ARBITRATION AND NON-INDIVIDUAL CLAIMS WAIVER. PLEASE READ THESE “BINDING ARBITRATION” AND “CLASS WAIVER” PROVISIONS CAREFULLY, BECAUSE THEY REQUIRE YOU TO ARBITRATE ALL DISPUTES WITH FANATICS LIVE AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION REQUIRES THAT ANY PAST, PENDING, OR FUTURE DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, BASED SOLELY ON YOUR OR OUR OWN ALLEGED LOSSES AND NOT ON A CLASS-WIDE, COLLECTIVE, REPRESENTATIVE OR CONSOLIDATED BASIS. THIS PROVISION APPLIES TO ANY CLAIMS YOU MAY CURRENTLY POSSESS AND ANY CLAIMS YOU MAY RAISE IN THE FUTURE. WHILE YOU MUST AGREE TO THESE TERMS OF USE IN ORDER TO USE THE SERVICES, IF YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION IN CONNECTION WITH YOUR USE OF OUR SERVICE THERE IS AN OPTION, DESCRIBED BELOW, TO OPT OUT OF THE ARBITRATION AND CLASS WAIVER PROVISIONS. THE OPTION TO OPT-OUT IS TIME-LIMITED TO 30 DAYS AND REQUIRES YOUR IMMEDIATE ATTENTION.
PROCEDURE TO OPT OUT OF ARBITRATION: IF YOU DO NOT WISH TO AGREE TO THIS ARBITRATION AND CLASS ACTION WAIVER AGREEMENT AND YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION IN CONNECTION WITH YOUR USE OF THE PLATFORM, YOU MUST, WITHIN 30 DAYS OF ACCEPTING THE TERMS AND ENTERING THIS ARBITRATION AGREEMENT, SEND AN E-MAIL FROM THE EMAIL ADDRESS ASSOCIATED WITH YOUR ACCOUNT TO POLICY@FANATICS.LIVE CONTAINING YOUR FULL NAME, ADDRESS, AND THE WORDS “OPT OUT” IN THE SUBJECT LINE OF THE EMAIL AND AN UNEQUIVOCAL STATEMENT THAT YOU WANT TO OPT-OUT OF THIS ARBITRATION AGREEMENT. IF YOU OPT OUT OF THIS ARBITRATION AGREEMENT, ALL OTHER PARTS OF THESE TERMS WILL CONTINUE TO APPLY TO YOU. OPTING OUT OF THIS ARBITRATION AGREEMENT HAS NO EFFECT ON ANY OTHER ARBITRATION AGREEMENTS THAT YOU MAY CURRENTLY HAVE, OR MAY ENTER IN THE FUTURE, WITH US. EMAILS SENT TO OPT-OUT MORE THAN 30 DAYS AFTER ACCEPTING AND ENTERING THIS ARBITRATION AGREEMENT SHALL NOT BE EFFECTIVE.
Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS BASED SOLELY ON YOUR OR OUR OWN ALLEGED LOSSES AND NOT ON A CLASS, REPRESENTATIVE OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.
Scope of Arbitration Provision. You and Fanatics Live agree that any past, pending, or future dispute, claim or controversy arising out of or relating to your access to or use of any Fanatics Live Platform and/or Services or to these Terms (including without limitation any dispute concerning the breach, enforcement, construction, validity, interpretation, enforceability, or arbitrability of these Terms) (a “Dispute”), shall be determined by arbitration, including claims that arose before acceptance of any version of these Terms containing an arbitration provision, except that you and Fanatics Live are NOT required to arbitrate any Dispute in which either party seeks equitable and other relief for the alleged improper or infringing use of copyrights, trademarks, trade names, logos, trade secrets, or patents. In addition, in the event of any dispute relating to the Terms—including validity, interpretation, enforceability, or arbitrability—were to be determined in arbitration under the Arbitration Provisions of these Terms, you and Fanatics Live agree that the arbitrator exclusively shall have the power to rule on his or her own jurisdiction over the Dispute, including any objections with respect to the existence, scope or validity of the arbitration agreement or to the arbitrability of the claims or counterclaims presented as part of the Dispute. The parties acknowledge that the agreement in this Section to arbitrate any Disputes on an individual and case-by-case basis is a separate agreement for purposes of the Federal Arbitration Act in addition to the Terms. The alleged invalidity of the Terms shall have no effect upon the validity of our mutual agreement to arbitrate any Disputes under this Section. In addition, if any portion of this section entitled “Dispute Resolution” is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect consistent with Section 16.11 severability of these Terms.
Waiver of Class Relief. Whether the Dispute is heard in arbitration or in court, you agree that you and Fanatics Live will not commence against the other a class action, class arbitration, mass action or other representative action or proceeding, and shall not otherwise participate in such actions. The parties agree only to assert claims for their own individual losses. The parties waive all claims by and on behalf of other persons, including actions asserting rights by statute or otherwise as private attorney general. You and Fanatics Live are each waiving respective rights to participate in a class action. By accepting this agreement, you give up your right to participate in any past, pending, or future class action or any other consolidated or representative proceeding, including any existing as of the date you agreed to these Terms.
THESE PROVISIONS GENERALLY PRECLUDE YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST FANATICS LIVE, OR OTHERWISE ASSERTING ANY CLAIM, WHETHER IN COURT OR IN ARBITRATION, OTHER THAN BASED UPON YOUR OWN PERSONAL LOSS OR DAMAGE. THEY ALSO PRECLUDE YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY PAST, PENDING, OR FUTURE CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST FANATICS LIVE BY SOMEONE ELSE. ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.
Whether to agree to arbitration is an important decision. It is your decision to make and you are not required to rely solely on the information provided in these Terms. You should take reasonable steps to conduct further research and to consult with counsel regarding the consequences of your decision.
Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us at Fanatics Live, 205 Hudson Street, 4th Floor, New York, NY 10014, ATTN: Legal Department. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures currently available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, currently available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also currently available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Fanatics Live will pay them for you. In addition, Fanatics Live will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Y
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Fanatics Live. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and/or these Terms (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Us.
Waiver of Jury Trial. YOU AND FANATICS LIVE WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Fanatics Live are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 15 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Severability. Except as provided in Section 15 above, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable and cannot otherwise be construed and saved consistent with the intent of the parties, then only such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Fanatics Live.
Confidentiality. You and Fanatics Live shall maintain the confidential nature of the arbitration proceedings and the arbitration award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
Modification. Notwithstanding any provision in these Terms to the contrary, you agree that if Fanatics Live makes any future material change to this Arbitration Agreement, you may reject that change within 30 days of such change becoming effective by writing Fanatics Live at the following address: Fanatics Live, ATTN: Legal, 95 Morton Street, New York, NY 10014.
General Provisions.
Electronic Communications. The communications between you and Fanatics Live may take place via electronic means, whether you visit the Platform or send Fanatics Live e-mails, or whether Fanatics Live posts notices on the Platform and/or via the Services or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Fanatics Live in an electronic form; and (b) agree that all terms and conditions, terms of use, agreements, notices, disclosures, and other communications that Fanatics Live provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. § 7001 et seq.
Release. You release the Fanatics Live Parties and their successors from any and all claims, demands, losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that may be either directly or indirectly related to or arise from your use of the Platform and/or Services, including, but not limited to, any interactions with third parties of any kind arising in connection with or as a result of these Terms or your use of the Platform and/or Services. If you are a California resident, you waive California Civil Code §1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” The foregoing release does not apply to any claims, demands, losses, damages, rights or actions of any kind, including personal injuries, death or property damage, for any unconscionable commercial practice by a Fanatics Live Party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression, or omission of any material fact in connection with the Platform and/or Services or any Platform provided hereunder.
Assignment. These Terms and your rights and obligations hereunder may not be assigned, delegated, or transferred by you, either in whole or in part, without the express prior written consent of Fanatics Live, and any purported assignment, delegation, or transfer in violation hereof shall be void. Fanatics Live may freely assign these Terms.
Force Majeure. The occurrence of any event beyond the control of a party, which prevents either party from complying with any of its obligations hereunder, including but not limited to: acts of God, such as, but not limited to, fires, floods, explosions, earthquakes, drought, war, embargoes, invasions, epidemics, pandemics, rebellion, revolution, civil war, nuclear contamination, riot, strikes, civil unrest, acts or threats of terrorism, or compliance with the laws of the United States or with the orders or policies of any governmental authority, shall be considered “Force Majeure”. In such event, neither party shall be considered in breach of their obligations hereunder. The party that is prevented from carrying out its obligations hereunder as a result of an event of Force Majeure shall give notice to the other party of the event of Force Majeure upon it being foreseen by, or becoming known to, the affected party. If an event of Force Majeure occurs and its effect continues for a period of 60 days, either party may give written notice of termination to the other party.
Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Platform, please contact us at the notices address set forth in Section 16.9 below. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
One Year Statute of Limitations. To the extent permitted by law, you and Fanatics Live agree that any claims, regardless of form, arising out of or related to the Platform, Services, and/or these Terms or Privacy Policy must BE FILED within ONE YEAR of the action, omission, event or occurrence giving rise to the claim or suit, after which such claims will be time-barred and prohibited, without regard to any longer period of time which may be provided by any period of limitation or repose by law or statute.
Governing Law and Jurisdiction. Any obligation based upon these Terms has been entered into, and shall be construed, enforced, and governed in accordance with the laws of the State of New York, without regard to conflicts of laws principles. Except as set forth in the Arbitration Agreement (Section 15), venue and jurisdiction for any proceedings arising out of any obligation based upon these Terms shall lay exclusively in the state and federal courts of New York, New York, United States of America. The United Nations Convention on Contracts for the international sale of goods is expressly excluded from these Terms.
Choice of Language. It is the express wish of the parties that these Terms and all related documents have been drawn up in English.
Notice. Where Fanatics Live requires that you provide an e-mail address, you are responsible for providing Fanatics Live with your most current e-mail address. If the last e-mail address you provided to Fanatics Live is not valid, or for any reason is not capable of delivering to you any notices permitted by these Terms, Fanatics Live’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Fanatics Live at the following address: Fanatics Live, 205 Hudson Street, 4th Floor, New York, NY 10014, ATTN: Legal Department. Such notice shall be deemed given when received by Fanatics Live by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
Waiver. Any waiver of failure to enforce any term or provision of these Terms shall not be construed as a waiver of any subsequent breach, and shall not in any way affect, limit, or waive a party’s right thereafter to enforce or compel strict compliance with every term, condition, and specification hereof.
Severability. In the event any provision of these Terms is held unenforceable, such provision will be ineffective but shall not affect the enforceability of the remaining provisions. To the fullest extent allowable by law and equity, the parties agree that any such provision may be blue-penciled or otherwise revised by the forum presiding over any dispute to give effect to the intent of the parties and consistent with the overall purpose and intent of the agreement, and may be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. If that is not possible, the parties agree that the subject provision shall be stricken from the agreement and the agreement shall otherwise be deemed enforceable.
Entire Agreement. These Terms are the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.