# Terms of Use > TERMS OF USE Last Updated June 2 2025 Welcome to Fanatics Live Please read these Terms of Use and our LINK Privacy Policy carefully Source: https://support.fanatics.live/en_us/terms-of-use-S14XNhkvZe Last updated: 2026-09-04T20:13:35.086Z TERMS OF USE Last Updated: September 4, 2026 Welcome to Fanatics Live! **Please read these Terms of Use and our** [**Privacy Notice**](https://about.fanatics.live/legal/privacy)  **carefully.** These Terms of Use, together with any applicable Supplemental Terms (as defined below) (collectively, the “**Terms**”) contain the binding terms and conditions between you and Fanatics Live, Inc. (“**Fanatics Live**”) applicable to your access to, and use of, this website, www.Fanatics.Live, including the mobile version (collectively, the “**Website**”) and Fanatics Live’s mobile applications (the “**Apps**”), if applicable, in each case regardless of how accessed (collectively, the Website and the Apps are referred to as the “**Properties**”) as well as your creation of your Account (as defined herein), any transactions or dealings with Fanatics Live or through the Properties in any way, and any of the information, content, functionality and resources published or enabled via the Properties (collectively, the “**Services**”). **IMPORTANT NOTICE** THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 21, YOU AND FANATICS LIVE AGREE THAT ANY PAST, PENDING, OR FUTURE DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO YOUR USE OF THE PROPERTIES OR THESE TERMS SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS ONLY. YOU MAY NOT PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, QUI TAM, OR REPRESENTATIVE ACTION, NOR MAY YOU SEEK RELIEF ON BEHALF OF OTHERS OR FOR THE BENEFIT OF OTHERS. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A TRIAL BY JURY AND TO HAVE CLAIMS DECIDED BY A COURT, EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS. IF YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION WITH FANATICS LIVE, YOU MAY OPT OUT OF THE ARBITRATION AGREEMENT BY FOLLOWING THE PROCEDURES SET FORTH IN SECTION 21 WITHIN 30 DAYS OF FIRST ACCEPTING THESE TERMS. IF YOU DO NOT TIMELY OPT OUT, THE ARBITRATION AGREEMENT WILL APPLY TO ALL COVERED DISPUTES TO THE FULLEST EXTENT PERMITTED BY LAW. OPT-OUT REQUESTS RECEIVED AFTER THE 30-DAY PERIOD WILL NOT BE EFFECTIVE. EVEN IF YOU OPT OUT OF THE ARBITRATION AGREEMENT, ALL OTHER PROVISIONS OF THESE TERMS WILL REMAIN IN FULL FORCE AND EFFECT. WITH RESPECT TO DATA COLLECTION AND TRACKING TECHNOLOGIES, THE PROPERTIES MAY USE COOKIES, PIXELS, TAGS, JAVASCRIPT, GET REQUESTS, AND OTHER SIMILAR TECHNOLOGIES FOR ANALYTICS, SECURITY, FUNCTIONALITY, AND ADVERTISING PURPOSES, AS DESCRIBED IN FANATICS LIVE’S [PRIVACY NOTICE](https://support.fanatics.live/en_gb/privacy-notice-S1moynhbZg) TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY CLAIMS ARISING FROM OR RELATING TO THE USE OF SUCH TECHNOLOGIES IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE PROPERTIES ARE SUBJECT TO THE LIMITATIONS OF LIABILITY, DISCLAIMERS, AND DISPUTE RESOLUTION PROVISIONS SET FORTH IN THESE TERMS. These Terms govern your use of the Properties and apply to all users visiting and/or using the platform. By accessing any of the Services or using the Properties in any way, including by browsing the Properties or attempting to purchase goods offered for sale through the Properties (each, a “**Product**”), you represent that (1) you have read, understand, and agree to be bound by these Terms, (2) you are at least 18 years of age, or the age of legal majority in your jurisdiction if greater, and are legally eligible to use the Properties and Services, 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. ## Table of Contents 1. Acceptance 2. About Fanatics Live 3. Supplemental Terms 4. Fanatics ONE & FanCash 5. Certain Restrictions 6. Ownership 7. Content 8. Account Registration 9. Product Information 10. Terms of Sale 11. User Conduct 12. Third-Party Services 13. Properties Management 14. Term and Termination 15. Other Fanatics Platforms & Third-Party Services 16. Copyright Infringement Claims; Digital Millennium Copyright Act (DMCA) Notice 17. Site Modifications and Interruptions 18. Corrections 19. International Users 20. Violations 21. Binding Arbitration and Class Action Waiver Agreement 22. Indemnification and Release 23. Limitation of Liability; Disclaimer of Warranties and Conditions 24. Conflicts 25. Assignment 26. Force Majeure 27. Electronic Communications 28. Questions, Complaints, Claims 29. One Year Statute of Limitations 30. Governing Law and Jurisdiction 31. Choice of Language 32. Notice 33. Waiver 34. Severability 35. Entire Agreement 1. **Acceptance**. By accessing any of the Services or using the Properties in any way, including, without limitation, by browsing the Properties, attempting to purchase any Products, or bidding in any auction, you represent that (1) you have read, understand, and agree to be bound by these Terms, (2) you are at least 18 years of age, or the age of legal majority in your jurisdiction if greater, and are legally eligible to use the Properties and Services, 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 the Properties. Your only recourse in the case of your unwillingness to continue to be bound by these Terms is to stop using the Properties. 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 Properties prior to accessing the Properties or participating in any Services. Your further use of the Properties and/or Services after any changes are posted shall constitute further consent and agreement to the Terms as changed or amended. Fanatics Live 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 Properties and/or Services. Fanatics Live may require you to provide consent to the Terms in a specified manner before further use of the Properties 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 Properties and Services and your Account may be terminated in the sole discretion of Fanatics Live. PLEASE REGULARLY CHECK THE PROPERTIES TO VIEW THE THEN-CURRENT TERMS. Notwithstanding the foregoing, any updated version of these Terms supersedes prior versions solely on a prospective basis. Your agreement to any prior version of these Terms, including without limitation any agreement to arbitrate and any class action waiver, remains valid and enforceable with respect to any disputes, claims, or controversies that arose or relate to conduct occurring before the effective date of the updated Terms. No amendment to these Terms shall be deemed to waive, limit, or impair any rights or obligations that accrued under a prior version of these Terms. If you previously agreed to an arbitration provision contained in a prior version of these Terms, that agreement to arbitrate continues to apply to all covered disputes unless you validly opt out in accordance with the procedures set forth in the applicable version of the Terms. Termination of your Account or cessation of use of the Properties does not affect the enforceability of any provisions that by their nature are intended to survive termination, including the arbitration agreement and class action waiver. These Terms, together with the incorporated materials, constitute the entire agreement and understanding with respect to the access or use of the Properties and prevail over any terms proposed by you outside these Terms. The access or use of the Properties is void where such access or use is prohibited by, would constitute a violation of, or would be subject to penalties under applicable laws, and is not a basis for the assertion or recognition of any interest, right, remedy, power, or privilege. The laws of some jurisdictions may limit or prohibit enforcement of certain provisions of the Terms, in which case, the Terms will apply only to the maximum extent permitted by the laws of such jurisdictions. 2. **About Fanatics Live**. Fanatics Live is a 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 the contract for sale between third-party sellers and buyers. 3. **Supplemental Terms**. Your purchase or use of, and participation in, certain Products or Services may be subject to additional terms including, without limitation, Fanatics Live’s Community Guidelines, Fanatics Live’s Refund and Cancellation Policy, Fanatics Live’s Shipping and Tracking Policy, and the Fanatics ONE Terms and FanCash Terms described in Section 4 below (collectively, “**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. 4. **Fanatics ONE & FanCash**. Fanatics ONE is a Fanatics-wide loyalty and rewards program that allows eligible users to earn and redeem rewards, including FanCash, across participating Fanatics-operated platforms and experiences, including Fanatics Live and FanaticsCollect.com. Additional details about Fanatics ONE, including eligibility, earning opportunities, redemption rules, and other program features, are available at [Fanatics ONE](https://fanatics-one.com/terms/terms-and-conditions) and are governed by the Fanatics ONE program terms and conditions available at [Fanatics ONE Terms](https://fanatics-one.com/terms/terms-and-conditions) (the “**Fanatics ONE Terms**”). As part of Fanatics ONE, FanCash is a promotional reward that may be earned and redeemed on eligible purchases on the Properties and on certain other participating Fanatics platforms, including FanaticsCollect.com. FanCash has no cash value, is not transferable, and may be subject to expiration or forfeiture in accordance with the Fanatics ONE Terms and the FanCash terms available at [FanCash Terms](https://fanatics-one.com/fancashterms) (the “**FanCash Terms**”). Your FanCash balance, together with any on-account funds and Rewards, is held in a single wallet that is shared between your Fanatics Live Account and your FanaticsCollect.com account (the “**Wallet**”). The Wallet and its contents are established, maintained, and governed by the [Fanatics Collect Terms of Use](https://support.fanaticscollect.com/en_us/terms-of-use-r11C70QTge), which, among other things, govern how Wallet balances are earned, redeemed, transferred, and forfeited. If there is any conflict between these Terms and the Fanatics Collect Terms of Use with respect to the Wallet, the [Fanatics Collect Terms of Use](https://support.fanaticscollect.com/en_us/terms-of-use-r11C70QTge) shall control. Fanatics Live reserves the right to limit, modify, or discontinue participation in Fanatics ONE or the availability of FanCash or the Wallet on the Properties at any time and for any reason. Your participation in Fanatics ONE and use of FanCash and the Wallet on the Properties is governed by these Terms, the Fanatics ONE Terms, the FanCash Terms, and the [Fanatics Collect Terms of Use](https://support.fanaticscollect.com/en_us/terms-of-use-r11C70QTge), each of which is incorporated herein by reference. By enrolling in or participating in Fanatics ONE, or earning, redeeming, or using FanCash or the Wallet, you agree to be bound by all such terms, including the mandatory arbitration provisions contained therein. Any suspected misuse, abuse, or fraudulent behavior related to Fanatics ONE, FanCash, or the Wallet may result in forfeiture of FanCash, Rewards, or Wallet access, account suspension, or other remedial actions. Fanatics Live reserves the right to take any action it deems appropriate in response to violations of these Terms or the Fanatics ONE Terms. In addition to FanCash and on-account funds, the Wallet also holds “**Rewards**” — promotional credits that Fanatics Live or Fanatics Collect may issue from time to time, including credits issued in connection with promotional codes, customer service resolutions, and buyback programs (such as Fanatics Collect’s Instant Credit program for Instant Rips). Rewards are described further in Section 10.11 below. Rewards are separate and distinct from FanCash: FanCash is earned and redeemed as part of the Fanatics ONE loyalty program, while Rewards are promotional or goodwill credits issued at Fanatics Live’s or Fanatics Collect’s discretion and are not part of the Fanatics ONE program, even though both are held in the same Wallet. 5. **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 Properties, the Services, or any portion of the Properties 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 Properties 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 Properties and/or Services; (f) access the Properties 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 Properties 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 Properties or within any Services. Any future release, update, or other addition to the Properties 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 Properties 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 Fanatics Live at any time in Fanatics Live’s sole discretion without advance notice or liability. As your right to access and use the Properties and/or Services is personal to you, you may not assign nor transfer your right; any attempt to do so is void. 6. **Ownership**. 6.1 _Fanatics Live Ownership_. You agree that Fanatics Live and its suppliers own all right, title and interest in and to the Properties and the Services, including the information, Products, content, and resources available through the Properties and/or Services (including without limitation Fanatics Live IP, titles, computer code, concepts, artwork, methods of operation, moral rights, and documentation). 6.2 _Trademarks_. Fanatics Live’s stylized name and all related graphics, logos, trademarks, and trade names used in connection with the Properties 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 Properties are the property of their respective owners. 6.3 _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 Properties 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. 7. **Content**. 7.1 _Types of Content_. You acknowledge that all content available on or through the Properties 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 Properties, or otherwise hosting breaking events, auctions, and other video broadcasts, whether live or pre-recorded. 7.2 _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 Properties, (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 Properties. 7.3 _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 these Terms 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. 7.4 _Restrictions on User Content_. It is important that the Properties 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 Notice](https://support.fanatics.live/en_gb/privacy-notice-S1moynhbZg) (c) transmit any material or content that violates these Terms or Fanatics Live’s 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 Fanatics Live’s restrictions on certain kinds of User Content, visit Fanatics Live’s Community Guidelines. 7.5 _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 Properties, you irrevocably 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 above) 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 Fanatics Live’s User Content standards, visit Fanatics Live’s Community Guidelines. 7.6 _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 Properties and/or Services. 7.7 _Third-Party Materials_. As a part of the Properties 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. 7.8 _Messaging Terms_. By enrolling, opting in, or otherwise agreeing to receive text messages from or on behalf of Fanatics Live, you agree as follows: 7.8.1 _Telephone Number, Duty to Notify, and Verification_. You verify that the telephone number(s) provided to Fanatics Live are true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. Should any of your contact information change, including ownership of your telephone numbers, you agree to immediately notify Fanatics Live before the change goes into effect by emailing Fanatics Live at support@fanatics.live. You may be asked to verify your telephone number(s) before messaging will start. This requires responding to a text alert sent to your phone confirming your enrollment. Opting in or enrolling does not guarantee that you will receive messages. 7.8.2 _Your Consent to Receive Automated Messages and Data Rates_. By voluntarily providing your telephone number(s), you agree to receive recurring automated informational and marketing text messages (such as SMS, MMS, or successor protocols or technologies) from or on behalf of Fanatics Live that may be sent using an automatic telephone dialing system, concerning Fanatics Live products, offers, promotions, and order status as well as your relationship with Fanatics Live. You understand that consent to receive text messages is not a condition of any purchase. Message and data rates may apply. Check your telephone plan and contact your carrier for details. 7.8.3 _Frequency_. Message frequency will vary. Fanatics Live reserves the right to alter the frequency of text messages sent at any time, to increase or decrease the total number of sent text messages. Fanatics Live also reserves the right to change the short code or phone number from which text messages are sent. Fanatics Live further reserves the right to suspend or cancel its messaging program at any time, with or without notice to you. 7.8.4 _Eligibility_. To be eligible to receive text messages from Fanatics Live, you must be eligible to use the Fanatics.Live platform which requires, among other things, that you be at least 18 years of age, and legally eligible to participate. Void where prohibited. Further, you must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions. 7.8.5 _Opt Out Instructions_. Your consent to receive text messages from Fanatics Live is completely voluntary. You may opt-out at any time. To opt out of text messages, reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message received from Fanatics.Live, or email support@fanatics.live and specify that you want to opt out of text messages. You may also text HELP or email Fanatics Live at support@fanatics.live for help. 7.8.6 _Release of Claims_. By agreeing to receive text messages from or on behalf of Fanatics Live, you agree to release the Fanatics Live Parties (as defined below) from any and all claims, causes of action, lawsuits, injuries, damages, losses, liabilities or other harms based on any alleged violations of the Telephone Consumer Protection Act, Truth in Caller ID Act, Telemarketing Sales Rule and/or any state and local acts or statutes that may apply. 8. **Account Registration**. 8.1 _Account Registration Data_. To access certain features of the Properties and/or participate in trading card breaks, place bids, or make purchases on the Properties, you may be required to register to create an account on the Properties (“**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, Fanatics Live shall not use such personally identifiable information for any purpose other than providing the Services and as further set forth in the [Privacy Notice](https://support.fanatics.live/en_gb/privacy-notice-S1moynhbZg). 8.2 _Eligibility_. You represent, warrant, and covenant that you are at least 18 years old and legal age to form a binding contract and not a person barred from using the Properties 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 posting 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 Properties 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 Properties 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 Properties and/or Services if you have been previously removed or banned by Fanatics Live from any use of the Properties and/or Services. Lastly, you are responsible for determining whether the sale or purchase of the items or services on the Properties by you is lawful, and you represent that the sale, purchase and use of the items or services sold or purchased by you on the Properties are lawful in your state of residence or possession or use of the item or service. 8.3 _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 Properties (“**Third-Party Account**”). If you access the Properties through a Third-Party Account, you represent that you are entitled to disclose your Third-Party Account login information to Fanatics Live or otherwise grant Fanatics Live 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 Properties and/or Services in accordance with the functionality of the Properties 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 Properties. Please note that if a Third-Party Account or associated service becomes unavailable, or Fanatics 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 Properties. 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. 8.4 _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. 9. **Product Information**. Fanatics Live makes efforts to display features, including the colors, specifications, designs, relics, signatures, and other details, of the Products available on the Properties. However, Fanatics Live does not guarantee that the displayed features will be accurate, complete, reliable, current, or free of other errors, or that they reflect the final contents or condition of the Product. Your electronic display may not accurately reflect the actual colors and details of the Products. To the extent Fanatics Live or a third-party seller offers sealed or unopened packs, boxes, cases, live-stream trading card breaks, Instant Rips, or similar randomized-outcome products through the Properties, any checklist, odds, or configuration information provided reflects the intended configuration of that product at the time of production or listing, but actual contents and odds may vary, and Fanatics Live does not guarantee the presence, quantity, or value of any particular card, item, or “hit” within such product. Images displayed in connection with an Instant Rip may be digitally generated or rendered and may not constitute a photograph or scan of the physical card allocated to you. A digital image may not accurately depict the card’s color, finish, foil or refractor effects, texture, dimensions, centering, surface, edges, corners or other physical characteristics. Unless expressly stated otherwise, an image displayed through the Properties does not constitute a representation or guarantee regarding the condition or grade of the physical card. Product names, descriptions, images and associated metadata, including player or subject information, team, product year, card number, parallel or variation, serial number, autograph or relic designation and rarity, may occasionally contain typographical, clerical, rendering, mapping, labeling or other display errors. The manufacturer-issued markings and serial number appearing on the physical card will control with respect to the card’s official attributes. A verified material discrepancy between the card identified as allocated to you upon completion of an Instant Rip and the physical card deposited into your Vault will be handled in accordance with Section 10.8.  Any animation, sequence or other visual presentation used to reveal an Instant Rip is for presentational purposes only and does not affect the card allocated to you. 10. **Terms of Sale**. 10.1 _Order Acceptance; Cancellation_. To place an order or bid for any Products or Services from the Properties, 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 Properties and/or through any Services in connection with such products, and any payment obligations you incur are binding. Unless otherwise expressly provided in the applicable Terms of Purchase or Fanatics Live’s then-current [Refund and Cancellation Policy](https://support.fanatics.live/en_us/refund-cancellation-policy-SkH3Icsg), ALL SALES ARE FINAL AND ALL BIDS AND ORDERS TO PURCHASE ARE BINDING ONCE ACCEPTED. In limited circumstances, you may be able to cancel your order in accordance with the Refund and Cancellation Policy or the applicable Terms of Purchase. In the event of a conflict between the cancellation and refund policies and the applicable Terms of Purchase, the Terms of Purchase shall govern. 10.2 _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 Properties and/or Services. Certain additional terms, which may be updated from time to time, may apply to your purchase of such Products. 10.3 _Payment Processing_. All payments for Products and Services, whether made by credit or debit card, wire transfer, ACH, or your Wallet (as defined in Section 4 above), are processed as described in this Section 10.3. 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. When you select to make payment by means of a wire transfer, you must also provide the details authorizing a backup method of payment in the event you fail to provide a timely wire transfer, as detailed further below. Regardless of the selected method of payment, you agree to pay all fees and charges for each accepted order you make through the Properties. Any time that a purchase is completed with a credit or debit card, you agree that Fanatics Live may pre-authorize and charge your debit or credit card through Fanatics Live’s payment service provider’s portal. Fanatics Live reserves the right to verify the identity of the credit or debit cardholder by requesting appropriate documentation. Fanatics Live 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, Fanatics Live will release such pre-authorization once the auction is complete or once you have canceled such bid. When you pay with a credit or debit card, 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 or debit card transaction, then Fanatics Live may terminate the applicable order. When you select to make payment by means of a wire transfer, you must also provide a backup method of payment, which may include credit, debit or ACH details. You acknowledge that you have a legal obligation to make a wire transfer payment within 7 calendar days of the acceptance of an order on the Properties. If Fanatics Live does not receive your wire transfer within 7 calendar days after an order has been accepted on the Properties, you agree that Fanatics Live may charge your last saved method of payment. Fanatics Live will attempt to charge a saved credit or debit card prior to attempting an ACH transaction. Further, users who place a bid in the weekly auction or offer but fail to checkout will be charged via their last saved method of payment. You may also pay for Products and Services using your Wallet, subject to the [Fanatics Collect Terms of Use](https://support.fanaticscollect.com/en_us/terms-of-use-r11C70QTge) governing Wallet balances, redemption, and any applicable limitations. Any Wallet payment is final to the same extent as a card or wire-transfer payment under this Section 10, except as otherwise provided in the [Fanatics Collect Terms of Use](https://support.fanaticscollect.com/en_us/terms-of-use-r11C70QTge). Fanatics Live accepts Discover Network, Visa, MasterCard, and American Express credit and debit cards through Fanatics Live’s third-party payment service provider. Fanatics Live uses Stripe (“**Payment Processor**”) as Fanatics Live’s third-party payment service provider. Your use of the Properties and the payment processing provided by the Payment Processor is subject to the Stripe Connected Account Agreement that includes the [Stripe Properties Agreement](https://stripe.com/legal/ssa), 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 Fanatics Live 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 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 Properties, or you may have your use of the Properties suspended or terminated. Fanatics Live 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 Properties, you consent and authorize Fanatics Live’s use of the Payment Processor to process your payment. Fanatics Live disclaims all liability with regards to any fees or problems you have with Fanatics Live’s Payment Processor. Want to know more? Please reach out to Fanatics Live’s customer service at support@fanatics.live for additional information. Fanatics Live’s payment service provider and the credit and debit cards Fanatics Live accepts may change without notice. 10.4 _Prices, Taxes, and Fees_. Unless otherwise indicated, the prices listed for Products and Services provided by Fanatics Live on the Properties 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 Fanatics Live is 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. 10.5 _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. 10.6 _Risk of Loss_. Except with respect to Instant Rips as provided below, title to and risk of loss for Products you purchase pass to you upon the applicable seller’s delivery of the Products to the carrier. Any replacement of, or credit relating to, a shipped Product claimed as lost, damaged or not received is subject to investigation, which may include coordination with the applicable seller and carrier and verification of shipment and delivery records. For an Instant Rip purchased from a third-party seller through the Properties, the contract of sale is between you and the applicable seller. Legal title to each card allocated to you transfers from the seller to you upon completion of the Instant Rip, allocation of the card to your Account and successful completion of payment. Cards allocated through an Instant Rip are deposited directly into the Vault associated with your linked FanaticsCollect.com account and are not physically shipped to you at the time of purchase. Risk of loss remains with the seller until the card is deposited into your Vault, at which time the seller’s delivery and fulfillment obligations are complete. Following that deposit, the storage, custody, management, transfer, withdrawal and shipment of the card, and any associated risk of loss, are governed by the [Fanatics Collect Terms of Use](https://support.fanaticscollect.com/en_us/terms-of-use-r11C70QTge). Fanatics Live facilitates the transaction but is not the seller or transferor of the card. 10.7 _Order Tracking_. 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 Fanatics Live’s third-party service provider. Fanatics Live disclaims all liability in connection with tracking information or associated support. 10.8 _Refund Policy_. All requests for refunds are processed in accordance with Fanatics Live’s then-current \[LINK: Refund and Cancellation Policy\], 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 Properties due to a fact or circumstance within Fanatics Live’s reasonable control. Without limiting the foregoing, if the physical card deposited into your Vault in connection with an Instant Rip materially differs from the card identified as allocated to you upon completion of the Instant Rip due to a verified technical, allocation, mapping, rendering, labeling or metadata error, Fanatics Live may coordinate with the applicable seller to investigate and provide an appropriate remedy in accordance with the \[LINK: Refund and Cancellation Policy\]. The available remedy may include correction of the applicable image or metadata, delivery of the correct card if reasonably available, cancellation of the affected transaction and return of the purchase price, or another remedy required by applicable law. Any claim regarding a material discrepancy must be submitted within the time and in the manner specified in the Refund and Cancellation Policy. Differences attributable solely to the user’s electronic display, the limitations of a digital rendering, or physical characteristics or condition that were not expressly guaranteed will not constitute a material discrepancy, except as otherwise provided in the \[LINK: Refund and Cancellation Policy\] or required by applicable law 10.9 _Disclaimers_. Please note that Fanatics Live reserves the right to decline or cancel orders in Fanatics Live’s sole discretion, in whole or in part, at any time, including after acceptance, in which case Fanatics Live 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 Fanatics Live’s then-current Refund and Cancellation Policy, if any, Fanatics Live 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. 10.10 _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 Properties 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. 10.11 _Promotions_ _and Rewards_. Each offer has a limited duration that expires at the specified time. Some promotions may require that you enter a code. By making a purchase featuring a discount or promotion, including where a code may be required, you are agreeing to these terms and exclusions. From time to time, Fanatics Live may run promotions or provide customer incentives, appeasements or other promotional benefits in the form of store credit (“**Rewards**,” as further described in Section 4 above). Rewards may also include promotional or buyback credits issued through programs operated by Fanatics Collect, including its Instant Credit program. Any participation in or transaction through such a Fanatics Collect program is governed by the [Fanatics Collect Terms of Use](https://support.fanaticscollect.com/en_us/terms-of-use-r11C70QTge). Rewards are held in the Wallet, together with FanCash and on-account funds, and are governed by these Terms and, with respect to Wallet mechanics generally, the [Fanatics Collect Terms of Use](https://support.fanaticscollect.com/en_us/terms-of-use-r11C70QTge). Rewards are applied automatically to the auction price for auction purchases and can be optionally applied to fixed-price purchases. Rewards may only be used towards the purchase price and cannot be used to offset shipping, fees, or taxes. Any purchases that are subsequently cancelled will not receive a Reward. Any Rewards you receive are promotional only and have no cash value. There may be tax implications associated with your receipt, use, or redemption of FanCash, Rewards, or other Wallet benefits, and you are solely responsible for determining and complying with any such tax obligations; Fanatics Live does not provide tax advice regarding the Wallet, FanCash, or Rewards. Supplemental Terms and other exclusions may apply in Fanatics Live’s or Fanatics Collect’s sole discretion. If a Reward does not contain or include Supplemental Terms or exclusions, then only these Terms apply. Under these Terms, unless otherwise prohibited by law, any Reward: (a) is valid only on the Properties and FanaticsCollect.com and not at any other website or store; (b) applies to in-stock merchandise only and not to gift cards or services; (c) is not valid for cash or cash equivalents; (d) is limited to one Reward per person, household, or address unless otherwise stated at the time the Reward is issued; (e) must be entered at checkout and/or in your account to be redeemed; (f) is non-transferable outside the Wallet and may not be combined with any other coupons or offers unless expressly stated; (g) may only be used once unless otherwise stated at the time the Reward is issued; (h) expires on the later of one year from the date of issue or the date required by applicable law unless cancelled by Fanatics Live or Fanatics Collect in their discretion, and (i) cannot be reproduced, modified, sold or traded or used to pay any tax, such as sales tax, shipping, handling or any value added service. 11. **User Conduct**. 11.1 _Cheating and Hacking_. You agree that you will not, under any circumstances: (a) interfere with or damage the Properties 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; (b) modify or cause to be modified any files that are a part of the Properties and/or Services; (c) disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server used to offer or support the Properties and/or Services, or the enjoyment of the Properties and/or Services by any other person; (d) institute, assist, or become involved in any type of attack on the Properties and/or Services; (e) attempt to gain unauthorized access to the computers, servers or networks connected to the Properties and/or Services by any means other than the user interface provided by Fanatics Live; (f) access, tamper with or use non-public areas of the Properties and/or Services, Fanatics Live’s computer systems, and/or the technical delivery systems of Fanatics Live’s providers; (g) attempt to probe, scan, or test the vulnerability of any Fanatics Live system or network, or breach any security or authentication measures; (h) disrupt or interfere with the security of, or otherwise cause harm to, the Properties and/or Services, systems, resources, servers, or networks connected to or accessible through the Properties and/or Services or any affiliated or linked sites; or (i) 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 Properties and/or Services. 11.2 _Commercial Activities_. You may not access or use the Properties for any purpose other than that for which Fanatics Live makes the Properties available. The Properties may not be used in connection with any commercial endeavors except those that are expressly authorized by Fanatics Live. You agree that you will not, under any circumstances (except to the extent expressly authorized by these Terms): (a) reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the Properties and/or Services, or access to or use of the Properties and/or Services; (b) 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 Properties; (c) use the Properties 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 (d) market any goods for any business purposes on or in connection with the Properties and/or Services without Fanatics Live’s prior written consent. 11.3 _Unauthorized Use or Access_. You agree that you will not, under any circumstances: (a) use the Properties for any illegal purpose including, without limitation, engaging in fraud, misrepresentation, or shill bidding; (b) interfere or attempt to interfere with the proper functioning of the Properties and/or Services or connect to or use the Properties and/or Services in any way not expressly permitted by these Terms; (c) systematically retrieve data or other content from the Properties and/or any Services to create or compile a collection, compilation, database, directory or the like, whether by manual methods or by using bots, crawlers, spiders, or otherwise; (d) use, display, mirror or frame the Properties and/or any Services, or 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; (e) use any unauthorized software that accesses, intercepts, “mines” or otherwise collects information from or through the Properties and/or any Services; (f) intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server, or the Properties and/or Services; (g) make any automated use of the Properties and/or any Services, such as by creating user accounts by automated means, 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 Properties and/or any Services; (h) bypass any robot exclusion headers or other measures Fanatics Live takes to restrict access to the Properties and/or Services; (i) use, facilitate, create, or maintain any unauthorized connection to the Properties and/or any Services; (j) 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 Properties and/or Services; (k) 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; (l) solicit or attempt to solicit personal information from other users of the Properties; (m) deceive, defraud, or mislead Fanatics Live or other users, especially in any attempt to learn sensitive account information such as user passwords; (n) make improper use of the Properties’ support features or submit false reports of abuse or misconduct; (o) use any information obtained from the Properties to harass, abuse, or harm another person; (p) harass, annoy, intimidate, or threaten any Fanatics Live employees or agents engaged in providing any portion of the Properties to you; (q) register for more than one Account at any given time or register for an Account on behalf of an individual other than yourself; (r) use the Properties 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; (s) 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 (t) otherwise use the Properties and/or Services for purposes other than those for which they were designed. 11.4 _Other_. You agree not to initiate chargebacks or payment disputes in bad faith. If you initiate a chargeback without a valid basis, Fanatics Live may suspend or terminate your Account and recover associated fees, costs, and expenses incurred by Fanatics Live. 12. **Third-Party Services**. The Properties may contain links to third-party properties (“**Third-Party Properties**”). When you click on a link to a Third-Party Property, Fanatics Live may not warn you that you have left the Properties 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 the Properties, 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. 13. **Properties Management**. Fanatics Live reserves the right, but not the obligation, in its sole discretion to monitor the Properties for violations of these Terms, take appropriate legal action against anyone who violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities, and otherwise manage the Properties in a manner designed to protect Fanatics Live’s rights and property and to facilitate the proper functioning of the Properties. 14. **Term and Termination**. 14.1 _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 Properties, unless terminated earlier in accordance with these Terms. 14.2 _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 Properties or (b) the date you accepted these Terms, and will remain in full force and effect while you use the Properties, unless earlier terminated in accordance with these Terms. 14.3 _Termination of Agreement by_ _Fanatics Live_. Fanatics Live may, at any time and in its sole discretion, suspend, restrict, or terminate these Terms and/or your Account or access to all or any portion of the Properties and/or Services, immediately and without prior notice, including if Fanatics Live reasonably determines that such action is necessary to enforce these Terms, protect the integrity, security, or functionality of the Properties, prevent fraud or abuse, comply with applicable law, or protect the rights, property, or safety of Fanatics Live, its users, licensors, partners, or the public. Without limiting the foregoing, Fanatics Live may suspend or terminate your Account if Fanatics Live suspects or determines that you: (a) violate these Terms or any applicable policies or guidelines; (b) engage in fraudulent, deceptive, or abusive conduct, including shill bidding; (c) use bots, scripts, automated purchasing tools, or other unfair purchasing or bidding methods; (d) circumvent or attempt to circumvent purchase limits, promotional restrictions, geographic controls, or eligibility requirements; (e) initiate improper or bad faith chargebacks or payment disputes; (f) infringe or misuse any intellectual property rights, including athlete or celebrity name, image, or likeness rights; (g) engage in unauthorized resale or commercial exploitation of Products or digital content; (h) misuse the Vault integration or Wallet described in Sections 4 and 15 of these Terms; (i) interfere with or disrupt the operation, security, or integrity of the Properties; or (j) provide false, inaccurate, or misleading information in connection with your Account. Termination or suspension may include, without limitation: (i) cancellation of pending or future orders; (ii) removal of the Properties (including the Apps) and access to any offerings within the Properties; (iii) deletion, deactivation, or restriction of Account information, User Content, or other materials associated with your Account, subject to applicable law and Fanatics Live’s record retention obligations; (iv) forfeiture of FanCash, Rewards, or similar promotional benefits, subject to the [Fanatics Collect Terms of Use](https://support.fanaticscollect.com/en_us/terms-of-use-r11C70QTge) with respect to any Wallet balance; and (v) barring further access to or use of the Properties. For the avoidance of doubt, this Section does not authorize forfeiture of on-account funds held in the Wallet, which remain subject to the [Fanatics Collect Terms of Use](https://support.fanaticscollect.com/en_us/terms-of-use-r11C70QTge). If the Apps or any digital platform or feature is discontinued or your access is terminated, digital content, virtual items, or other digital Products associated with your Account may become inaccessible, non-downloadable, or non-transferable, and Fanatics Live shall have no liability arising from such discontinuation or termination to the fullest extent permitted by law. Fanatics Live may disclose information relating to your use of the Properties to comply with applicable law, legal process, or governmental request; to enforce these Terms; to detect, prevent, or address fraud or security issues; or to protect the rights, property, or safety of Fanatics Live, its users, or the public. Termination of these Terms and/or your Account does not limit any other rights or remedies available to Fanatics Live at law or in equity. 14.4 _Termination of Agreement by You_. You may terminate these Terms at any time by (a) closing your Account through the functionality made available on the Properties, and (b) ceasing all use of the Properties. You may also provide written notice of termination to Fanatics Live at Fanatics Live, 95 Morton Street, 4th Floor, New York, NY 10014, ATTN: Legal Department. Termination by you will be effective upon confirmation of Account closure by Fanatics Live or deactivation of your Account, as applicable. Termination does not relieve you of any obligations incurred prior to termination, including payment obligations, chargeback liabilities, or other amounts owed. Completed transactions will not be reversed or refunded except as expressly provided in these Terms or required by applicable law. The provisions of these Terms that by their nature should survive termination shall survive, including without limitation provisions relating to intellectual property, dispute resolution and arbitration, class action waiver, limitation of liability, indemnification, and any accrued rights or remedies. 14.5 _Effect of Termination_. Fanatics Live will not have any liability whatsoever to you for any suspension or termination of your access to the Properties 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. 15. **Other Fanatics Platforms & Third-Party Services**. 15.1 _Access to FanaticsCollect.com Vault via Fanatics Live_. 15.1.1 _Integration with FanaticsCollect.com_. Fanatics Live may offer users the ability to access and use the products and services of FanaticsCollect.com, including, without limitation, the FanaticsCollect.com Vault (the “**Vault**”) and the Wallet described in Section 4 above, directly from or through the Properties. By utilizing the Vault or the Wallet through Fanatics Live, you acknowledge and agree that: (a) your use of the Vault and the Wallet remains subject to the FanaticsCollect.com Terms of Use, as may be revised or updated from time to time (the “[**Fanatics Collect Terms of Use**](https://support.fanaticscollect.com/en_us/terms-of-use-r11C70QTge)”), which, among other things, govern the storage, transfer, and management of items within the Vault and the earning, redemption, and forfeiture of Wallet balances. If there is any conflict between these Terms and the [Fanatics Collect Terms of Use](https://support.fanaticscollect.com/en_us/terms-of-use-r11C70QTge), the [Fanatics Collect Terms of Use](https://support.fanaticscollect.com/en_us/terms-of-use-r11C70QTge) shall control with respect to your use of any FanaticsCollect.com services, including your use of the Vault and the Wallet. 15.1.2 _User Account & Authorization_. Certain products or services offered for sale to you on the Properties (e.g., Instant Rips) may require a valid and active FanaticsCollect.com account. If you do not currently have an active FanaticsCollect.com account, Fanatics Live may facilitate the creation of an account for you. You authorize Fanatics Live to enable transactions, transfers, and other Vault- and Wallet-related activities on your behalf using your linked FanaticsCollect.com account. You acknowledge that Fanatics Live is providing an interface for convenience and does not independently store or manage items within the Vault or funds within the Wallet. 15.1.3 _Transactions & Fees_. Any transactions initiated through Fanatics Live involving the Vault or the Wallet, including deposits, withdrawals, sales, and transfers, will be processed in accordance with the [Fanatics Collect Terms of Use](https://support.fanaticscollect.com/en_us/terms-of-use-r11C70QTge). Fees, storage costs, and other charges associated with the Vault are determined by FanaticsCollect.com and remain your responsibility. 15.1.4 _Other Terms_. Fanatics Live does not assume responsibility for any errors, delays, or service disruptions related to the Vault or the Wallet, nor for any loss or damage arising from your use of the Vault or the Wallet through Fanatics Live. Fanatics Live may suspend or terminate your access to the Vault or Wallet integration at any time without liability. Further, Fanatics Live reserves the right to modify or discontinue Vault or Wallet access at any time, with or without notice. Your continued use of the Vault or the Wallet via Fanatics Live constitutes acceptance of any such modifications. By using the Vault or the Wallet through the Properties, you agree to be bound by both these Terms and the Fanatics Collect Terms of Use. If you do not agree, you must refrain from using the Vault or the Wallet through the Properties. 15.2 _Third-Party Services_. The Properties may contain links to third-party properties (“**Third-Party** **Properties**”). See Section 12 above, which governs all Third-Party Properties accessed through the Properties. 16. **Copyright Infringement Claims; Digital Millennium Copyright Act (DMCA) Notice**. If you believe that your work has been copied and posted on the Properties in a way that constitutes copyright infringement, please provide Fanatics Live’s 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 Properties 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 95 Morton 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 Properties 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 (d) 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 Fanatics Live 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 Fanatics Live may require to review the matter and take action (or take no action) as may be appropriate. Please be advised that Fanatics Live 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 Fanatics Live is obligated to do so by law. 17. **Site Modifications and Interruptions**. 17.1 _Modifications_. Fanatics Live reserves the right to change, modify, or remove the contents of the Properties at any time or for any reason in its sole discretion without notice. Fanatics Live has no obligation to update any information on the Properties and reserves the right to modify or discontinue all or part of the Properties without notice at any time. Fanatics Live is not liable to you or any third party for any modification, suspension, or discontinuance of the Properties. 17.2 _Unavailability_. The Properties may be unavailable from time to time. Fanatics Live may experience hardware, software, or other problems or need to perform maintenance related to the Properties, resulting in interruptions, delays, or errors. Fanatics Live reserves the right to change, revise, update, suspend, discontinue, or otherwise modify the Properties at any time or for any reason without notice to you. You agree that Fanatics Live has no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Properties during any downtime or discontinuance of the Properties. Nothing in these Terms will be construed to obligate Fanatics Live to maintain and support the Properties or to supply any corrections, updates, or releases. 18. **Corrections**. There may be information on the Properties that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. Fanatics Live reserves the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Properties at any time, without prior notice. Fanatics Live may correct any nonmaterial image, metadata, labeling, typographical or display error relating to an Instant Rip before or after the applicable transaction without altering the identity of the physical card allocated to the purchaser. Such a correction will not entitle the purchaser to a replacement or refund unless the error results in a material discrepancy described in Section 10.8. If Fanatics Live reasonably determines that a manifest technical or system error caused a duplicate, impossible or incorrect allocation, Fanatics Live may suspend the affected functionality, investigate the error and, in coordination with the applicable seller, take appropriate corrective action. Corrective action may include correcting the allocation or associated records, cancelling the affected transaction and returning the purchase price, or providing another remedy in accordance with the [Refund and Cancellation Policy](https://support.fanatics.live/en_us/refund-cancellation-policy-SkH3Icsg) and applicable law. 19. **International Users**. The Properties 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 Properties and Services are controlled by Fanatics Live from its facilities in the United States of America. Fanatics Live makes no representations that the Properties and/or Services are appropriate or available for use in other countries or territories. Those who access or use the Properties and/or Services from other countries do so at their own volition and are responsible for compliance with local law. If you are accessing the Properties from the United Kingdom, the following [Terms of Use](https://support.fanatics.live/en_gb/terms-of-use-S14XNhkvZe) apply. 20. **Violations**. 20.1 If Fanatics Live becomes aware of any possible violations by you of these Terms, 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 Properties, in Fanatics Live’s possession in connection with your use of the Properties and/or Services, 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 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. 20.2 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 Properties, Fanatics Live reserves the right to: (a) warn you via e-mail (to any e-mail address you have provided to Fanatics Live) that you have violated these Terms; (b) suspend or terminate your access to the Properties (including, pursuant to Section 14 above); and/or (c) pursue any other action which Fanatics Live deems appropriate. 21. **Binding** **Arbitration and Class Action Waiver Agreement**. PLEASE READ THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER (THE “**ARBITRATION** **AGREEMENT**”) CAREFULLY BECAUSE IT REQUIRES YOU AND FANATICS LIVE TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH YOU AND FANATICS LIVE CAN SEEK RELIEF FROM EACH OTHER. THIS ARBITRATION AGREEMENT APPLIES TO ANY CLAIMS YOU OR FANATICS LIVE CURRENTLY POSSESS AND ANY CLAIMS THE PARTIES MAY RAISE IN THE FUTURE. WHILE YOU MUST AGREE TO THESE TERMS OF USE IN ORDER TO USE THE PROPERTIES OR SERVICES, IF YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION IN CONNECTION WITH YOUR USE OF THE PROPERTIES OR SERVICES, THERE IS AN OPTION, DESCRIBED BELOW, TO OPT OUT OF THE ARBITRATION PROVISIONS. THE OPTION TO OPT OUT IS TIME-LIMITED TO 30 DAYS OF ENTERING THIS ARBITRATION AGREEMENT AND REQUIRES YOUR IMMEDIATE ATTENTION. IF YOU RESIDE IN OR ACCESS THE PROPERTIES OR SERVICES WHILE LOCATED IN THE UNITED STATES, THIS SECTION 21 SHALL BE CONSTRUED UNDER AND GOVERNED BY THE FEDERAL ARBITRATION ACT (“**FAA**”), NOTWITHSTANDING ANY OTHER CHOICE-OF-LAW PROVISION IN THESE TERMS. THIS ARBITRATION AGREEMENT INCLUDES AN ARBITRATION PROVISION WHICH SETS FORTH HOW PAST, PENDING, OR FUTURE DISPUTES BETWEEN YOU AND FANATICS LIVE SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION. ARBITRATION MEANS YOU WILL NOT BE ABLE TO SEEK DAMAGES IN COURT OR PRESENT YOUR CASE TO A JURY. THIS ARBITRATION AGREEMENT ALSO REQUIRES THAT ANY DISPUTE SHALL PROCEED FOR YOUR OWN LOSSES ONLY. YOU MAY NOT PROCEED AS A CLASS REPRESENTATIVE, MEMBER, OR PART OF ANY PROPOSED CLASS, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL SUIT, QUI TAM ACTION, OR ANY REPRESENTATIVE PROCEEDING, OR OTHERWISE SEEK TO RECOVER ON BEHALF OF OTHERS OR FOR THE BENEFIT OF OTHERS. 21.1 _Acceptance of Arbitration Agreement_. By accessing or using the Properties or Services in any manner, including without limitation browsing the Properties, creating an Account, attempting to purchase or purchasing any Products, submitting a redemption request, participating in any promotion, loyalty program, or other offering, or otherwise interacting with Fanatics Live through the Properties or Services, you confirm that you have read and agree to this Arbitration Agreement. Except to the extent that you may opt out as provided below, this Arbitration Agreement applies to all of your activity relating to the Properties and Services and all transactions or interactions with Fanatics Live, including events, transactions, or conduct occurring before your acceptance of any version of these Terms, to the fullest extent permitted by law. 21.2 _Scope of Agreement to Arbitrate_. You and Fanatics Live agree that any past, pending, or future dispute, claim, or controversy, including, without limitation, arising out of or relating in any way to: (a) your access to, use of, or inability to access or use the Properties or Services; (b) your creation, maintenance, suspension, or termination of an Account; (c) any attempt to purchase, purchase, cancellation, return request, chargeback, or other transaction involving Products or Services; (d) any submission of a redemption request, warranty claim, or customer service request; (e) any promotion, sweepstakes, loyalty program, Rewards, Fanatics ONE, FanCash, the Wallet, or other offering; (f) any Product images, descriptions, specifications, odds, checklist information, or representations; (g) any communications between you and Fanatics Live relating to the Properties or Services; (h) these Terms or the [Privacy Notice](https://support.fanatics.live/en_gb/privacy-notice-S1moynhbZg); or (i) the breach, enforcement, construction, validity, interpretation, scope, or arbitrability of this Arbitration Agreement or any other provision of these Terms (each of the foregoing, a “**Dispute**”) shall be resolved exclusively by final and binding arbitration on an individual basis, except as expressly provided below. You and Fanatics Live further agree that the arbitrator, and not any court, shall have exclusive authority to resolve any Dispute relating to the interpretation, applicability, enforceability, formation, or scope of this Arbitration Agreement. 21.3 _Small Claims Court_. Notwithstanding the foregoing, either party may bring an individual claim in small claims court if the claim remains on an individual basis and is within that court’s jurisdiction. 21.4 _CLASS ACTION AND REPRESENTATIVE WAIVER_. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL DISPUTES MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY. YOU MAY NOT PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, QUI TAM, OR OTHER REPRESENTATIVE ACTION, NOR MAY YOU SEEK RELIEF ON BEHALF OF OTHERS. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve that party’s individual claim. 21.5 _Intellectual Property Carve-Out_. Notwithstanding the requirement to arbitrate, you and Fanatics Live are not required to arbitrate claims for alleged infringement or misuse of copyrights, trademarks, trade names, trade dress, logos, trade secrets, or patents. Either party may seek injunctive relief in a court of competent jurisdiction for such claims. 21.6 _Separate Agreement_. This Arbitration Agreement is governed by the FAA and constitutes a separate agreement from the remainder of these Terms. Any alleged invalidity of other provisions of the Terms shall not affect the enforceability of this Arbitration Agreement. 21.7 _Applicable Law_. While the FAA governs this Arbitration Agreement, to the extent state law is applied, the law of the State of Delaware shall apply, without regard to conflict-of-law principles. 21.8 _Initiating Arbitration Under JAMS Rules_. Following completion of any required informal dispute resolution process, arbitration shall be administered by JAMS under its Comprehensive Arbitration Rules and Procedures and, where applicable, its Mass Arbitration Procedures and Guidelines in effect at the time arbitration is initiated. Arbitration shall be commenced and administered by JAMS in New York, New York, unless the parties agree to remote proceedings. The JAMS Rules are available at https://www.jamsadr.com/adr-rules-procedures/. 21.8.1 _Arbitration Procedures_. (a) The arbitration will be handled by a sole arbitrator. (b) The arbitrator must be a practicing attorney or retired federal judge with at least ten years of experience in complex business disputes. (c) The JAMS Streamlined and Expedited Procedures shall not apply unless agreed by the parties. (d) The arbitrator may hear dispositive motions at the outset of arbitration. (e) You will be required to pay no more than $250 in filing fees. Fanatics Live will pay the remaining administrative fees. (f) The arbitrator may award relief available in an individual lawsuit under applicable law, subject to the limitations of liability set forth in these Terms. (g) The arbitrator shall issue a written, reasoned award. (h) Proceedings shall be confidential except as required by law. 21.8.2 _Batch Arbitration / Mediation_. If 20 or more similar arbitration demands are submitted against Fanatics Live by or with the assistance of the same or coordinated counsel within a 60-day period, JAMS shall administer the demands in batches consistent with its Mass Arbitration Procedures. The first batch shall consist of no more than 25 demands. Following resolution of the first batch, the parties shall participate in mediation before a JAMS mediator of all remaining claims. Remaining claims shall proceed in batches of no more than 100 demands per batch. Each batch shall proceed as a single arbitration with one arbitrator and one set of filing and administrative fees. 21.8.3 _Certification_. By submitting a demand for arbitration, a party certifies that the claims are not presented for any improper purpose and are warranted by existing law or a non-frivolous argument for modification of law. The arbitrator may impose sanctions consistent with Federal Rule of Civil Procedure 11 principles. 21.9 _Option and Procedure to Opt Out_. If you have not previously agreed to an arbitration provision with Fanatics Live, you may opt out by sending written notice within 30 days of first accepting these Terms. To opt out, you must send an email to policy@fanatics.live with the subject line “Arbitration Opt-Out” and include your full name, mailing address, and the email associated with your Account. Requests received after the 30-day period will not be effective. Even if you opt out of arbitration, all other provisions of these Terms remain in effect. 21.10 _Severability_. If any portion of this Arbitration Agreement is found unenforceable, the remainder shall remain in full force and effect, except that if the Class Action Waiver is found unenforceable, this entire Arbitration Agreement shall be null and void. 21.11 _Survival_. This Section 21 survives termination of your Account, cessation of use of the Properties or Services, and any amendment to these Terms. **END OF SECTION 21 ARBITRATION AGREEMENT** 22. **Indemnification and Release**. 22.1 _Indemnification_. You agree to indemnify, defend and hold harmless Fanatics Live, its parents, affiliates, subsidiaries, business partners, licensors, and their respective owners, subsidiaries, affiliates, officers, directors, managers, employees, agents, partners, suppliers, consultants, advertisers, payment services promoters, and their agents, employees, officers, directors, successors, and assigns (each, a “**Fanatics Live Party**” and, collectively, the “**Fanatics Live Parties**”) against any first-party or third-party claim, suit, action, judgment, liabilities, loss, cost, expenses and other damages, including court costs and attorney’s fees, arising from or related to (a) your account and use of, or inability to use, the Properties and/or Services; (b) your breach or alleged breach of these Terms or the terms of any other agreement between you and Fanatics Live; (c) your violation of any rights of another party (including another user); (d) your violation of any applicable laws, rules or regulations; (e) any decision you make based on information or other Content made available to you through the Properties; or (f) any actual or alleged wrongful or negligent act or omission by you or anyone acting on your behalf. If you have a dispute with any third party (such as a payment processor or third-party website), you release the Fanatics Live Parties from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. In entering this release, you waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. 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 Properties 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 Properties and/or Services. 22.2 _Release_. You hereby release and discharge the Fanatics Live Parties from any and all claims, liabilities, demands, damages, losses, and causes of action of every kind and nature, whether known or unknown, suspected or unsuspected, arising out of or relating to your use of the Properties or Services, including any interactions or disputes with third parties arising from or related to your use of the Properties or Services. If you are a California resident, you waive California Civil Code §1542, which provides: “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.” Nothing in this release shall limit or exclude any rights that cannot be waived under applicable law, including claims based on fraud, deception or intentional misconduct by Fanatics Live. 23. **Limitation of Liability; Disclaimer of Warranties and Conditions**. 23.1 _LIMITATION OF LIABILITY_. BY ACCESSING THE PROPERTIES, USING THE SERVICES OR DOWNLOADING THE PROPERTIES, 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 THE FANATICS LIVE 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 PROPERTIES AND/OR SERVICES, OR BROWSING OF THE PROPERTIES AND/OR SERVICES OR THROUGH YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE PROPERTIES AND/OR SERVICES, EVEN IF FANATICS LIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE TOTAL LIABILITY OF THE FANATICS LIVE 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 FANATICS LIVE 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 PROPERTIES. THE FANATICS LIVE PARTIES CANNOT AND DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE PROPERTIES. MOREOVER, WITHOUT LIMITING THE FOREGOING, THE FANATICS LIVE PARTIES ASSUME NO RESPONSIBILITY, AND WILL NOT BE LIABLE, FOR ANY INFRINGEMENT OF PATENTS OF ANY THIRD PARTIES. 23.2 _DISCLAIMER OF WARRANTIES_. THE PROPERTIES, 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, FANATICS LIVE MAKES NO WARRANTY: (A) THAT THE PROPERTIES AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (B) THAT DEFECTS OR ERRORS IN THE PROPERTIES AND/OR SERVICES WILL BE CORRECTED; (C) THAT THE PROPERTIES 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 PROPERTIES AND/OR SERVICES; (E) THAT YOUR USE OF THE PROPERTIES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS; (F) THAT TRANSMISSIONS OR DATA WILL BE SECURE; OR (G) THAT THIRD PARTIES ACCESSING OR USING THE PROPERTIES AND/OR SERVICES WILL NOT INFRINGE ANY PATENT, TRADEMARK, COPYRIGHT, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY RIGHT. 23.3 _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, FANATICS LIVE’S 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. 23.4 _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 PROPERTIES AND/OR SERVICES, AND THAT THE RISK OF INJURY FROM YOUR INTERACTIONS WITH SUCH THIRD PARTIES ON OR AS A RESULT OF THE PROPERTIES AND/OR SERVICES RESTS ENTIRELY WITH YOU. 24. **Conflicts**. If there is any conflict or inconsistency between these Terms and any other statements, descriptions, or terms that may appear, be seen or heard on or within Fanatics Live’s Products, packaging, promotional materials, marketing or customer service communications, or otherwise, these Terms will control and govern. If there is any conflict or inconsistency between these Terms and any Supplemental Terms, the Supplemental Terms shall control solely with respect to the specific Product or Service to which they apply. 25. **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. 26. **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. 27. **Electronic Communications**. The communications between you and Fanatics Live may take place via electronic means, whether you visit the Properties or send Fanatics Live e-mails, or whether Fanatics Live posts notices on the Properties 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. 28. **Questions, Complaints, Claims**. If you have any questions, complaints or claims with respect to the Properties, please contact Fanatics Live at the notices address set forth in Section 32 below. Fanatics Live will do its best to address your concerns. If you feel that your concerns have been addressed incompletely, Fanatics Live invites you to let Fanatics Live know for further investigation. 29. **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 Properties, Services, and/or these Terms or [Privacy Notice](https://support.fanatics.live/en_gb/privacy-notice-S1moynhbZg) 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. 30. **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 Delaware, without regard to conflicts of laws principles. Except as set forth in the Arbitration Agreement (Section 21), 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 Delaware, United States of America. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from these Terms. 31. **Choice of Language**. It is the express wish of the parties that these Terms and all related documents have been drawn up in English. 32. **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, 95 Morton 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. 33. **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. 34. **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. 35. **Entire Agreement**. These Terms are the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersede and merge all prior discussions between the parties with respect to such subject matter. **MESSAGING TERMS AND CONDITIONS** Last Updated: December 19, 2025 By enrolling, opting in, or otherwise agreeing to receive text messages from or on behalf of Fanatics Live, you agree to these Messaging Terms and Conditions (“**Messaging Terms**”) as well as Fanatics Live’s Terms of Use, and you further acknowledge that you have read Fanatics Live’s [Privacy Notice](https://support.fanatics.live/en_gb/privacy-notice-S1moynhbZg) PLEASE NOTE THAT THE FANATICS LIVE TERMS OF USE INCLUDE A MANDATORY ARBITRATION PROVISION WHICH REQUIRES THAT ANY DISPUTES BETWEEN YOU AND FANATICS LIVE 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. FOR MORE INFORMATION ABOUT FANATICS LIVE’S MANDATORY ARBITRATION PROVISION, PLEASE VISIT OUR TERMS OF USE. 1\. **Telephone Number, Duty to Notify, and Verification**. You verify that the telephone number(s) provided to Fanatics Live are true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. Should any of your contact information change, including ownership of your telephone numbers, you agree to immediately notify Fanatics Live before the change goes into effect by emailing Fanatics Live at support@fanatics.live. You may be asked to verify your telephone number(s) before messaging will start. This requires responding to a text alert sent to your phone confirming your enrollment. Opting in or enrolling does not guarantee that you will receive messages. 2\. **Your Consent to Receive Automated Messages and Data Rates**. By voluntarily providing your telephone number(s), you agree to receive recurring autodialed and/or prerecorded and marketing text messages (such as SMS, MMS, or successor protocols or technologies) from or on behalf of Fanatics Live, its affiliates, and service providers that may be sent using an automatic telephone dialing system, concerning Fanatics Live products, offers, promotions, and order status as well as your relationship with us. You understand that consent to receive text messages is not a condition of any purchase. Message and data rates may apply. Check your telephone plan and contact your carrier for details. 3\. **Frequency**. Message frequency will vary. Fanatics Live reserves the right to alter the frequency of text messages sent at any time, to increase or decrease the total number of text messages sent. Fanatics Live also reserves the right to change the short code or phone number from which text messages are sent. Fanatics Live further reserves the right to suspend or cancel its messaging program at any time, with or without notice to you. 4\. **Eligibility**. To be eligible to receive text messages from Fanatics Live, you must be eligible to use the FanaticsCollect.com platform which requires, among other things, that you be at least 18 years of age, and legally eligible to participate. Void where prohibited. Please see our Terms of Use for more information about our eligibility requirements. Further, you must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions. 5\. **Opt Out Instructions**. Your consent to receive text messages from Fanatics Live is completely voluntary. You may opt out at any time. To opt out of text messages, reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message received from Fanatics Live, or email support@fanatics.live and specify that you want to opt out of text messages. You may also text HELP or email at support@fanatics.live for help. After you send a valid opt-out request (for example, by replying STOP, END, CANCEL, UNSUBSCRIBE, or QUIT), you will receive one final confirmation message to verify that you have been unsubscribed. Following that confirmation, you will no longer receive text messages from Fanatics Live unless you later provide new consent. 6\. **Indemnification to Fanatics Live**. In addition to any other indemnifications you may have to Fanatics Live including, without limitation, pursuant to the Terms of Use, unless otherwise prohibited by applicable law, you agree to indemnify, defend and hold harmless the Fanatics Live Parties (as defined in the Terms of Use) from and against any and all privacy, tort or other claims, losses, liability, costs and expenses (including reasonable attorneys’ fees), including claims under the Federal Telephone Consumer Protection Act or any state law equivalents, including claims relating to your voluntary provision of a telephone number that is not owned by you and/or your failure to notify Fanatics Live of any changes in your mobile telephone number. This Section excludes T-Mobile customers. This exclusion applies due to T-Mobile’s specific program requirements. 7\. **Release of Claims**. By agreeing to receive text messages from or on behalf of Fanatics Live, you agree to release the Fanatics Live Parties from any and all claims, causes of action, lawsuits, injuries, damages, losses, liabilities or other harms based on any alleged violations of the Telephone Consumer Protection Act, Truth in Caller ID Act, Telemarketing Sales Rule and/or any state and local acts or statutes that may apply. 8\. **Changes to these Messaging Terms**. These Messaging Terms may change at any time. Fanatics Live will post the revision date with the revised Messaging Terms. The revised Messaging Terms will apply to you for any text messages you receive after the revision date, so please check back from time to time.