Last Updated: July 16, 2024
Welcome to Fanatics Collect!
Please read these Terms of Use and our Privacy Policy carefully.
These Terms of Use (“Terms”), together with any applicable Supplemental Terms (as defined below) (collectively, the “Agreement”) contain the binding terms and conditions between you and Fanatics Collect (“Fanatics Collect”) applicable your access to and use of this website, including the mobile version www.fanaticscollect.com (the “Website”) and our mobile application (the “App”), if applicable, in each case regardless of how accessed (collectively, the Website and the App are referred to as the “Platform”).
These Terms govern:
• Your access and use of the https://www.fanaticscollect.com/ website and mobile application(s) and any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected to the website or app (collectively, the “Platform”),
• Your creation of your Account (defined below), all transactions or dealings with us or through the Platform in any way, and any of THE INFORMATION, CONTENT, FUNCTIONALITY AND RESOURCES PUBLISHED OR ENABLED VIA the Platform (collectively, the “Services”),
• Any attempt to sell or list at auction or bid on, make an offer on, or purchase any goods offered for sale or in through the Platform, including any Auction Event (as defined in our Supplemental Marketplace Terms which are incorporated herein) through the Platform (“Products”), and/or
• Any access or use of the Vault Services (as defined in our Vault Terms and Conditions which are incorporated herein).
PLEASE NOTE THAT THESE TERMS OF USE INCLUDE A MANDATORY ARBITRATION PROVISION WHICH REQUIRES THAT ANY PAST, PENDING, OR FUTURE DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, BASED SOLELY ON YOUR OR OUR OWN ALLEGED LOSSES AND NOT ON A CLASS-WIDE, COLLECTIVE, REPRESENTATIVE, QUI TAM, PRIVATE ATTORNEY GENERAL OR CONSOLIDATED BASIS. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION ON A RETROACTIVE BASIS AND AS TO ANY FUTURE CLAIMS AND YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION IN CONNECTION WITH YOUR USE OF THE PLATFORM, YOU MAY OPT OUT OF THE ARBITRATION PROVISION WITHIN 30 DAYS BY FOLLOWING THE INSTRUCTIONS PROVIDED IN THESE TERMS WITHIN THE SECTION ENTITLED “BINDING ARBITRATION AND CLASS WAIVER.” FURTHERMORE, BY USING THE PLATFORM AND/OR ANY SERVICES AND, IN SO DOING, ACCEPTING THESE TERMS: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS FOR YOUR OWN LOSSES AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, REPRESENTATIVE OR CONSOLIDATED PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
Table of Contents
- Acceptance
- Supplement Terms
- Certain Restrictions
- Ownership
- Content
- User Registration
- Product Images
- Cancelation and Return Policy
- User Conduct
- Third Party Services
- Platform Management
- Term and Termination
- Copyright Infringement Claims; Digital Millennium Act (DMCA) Notice
- Site Modifications and Interruptions
- Corrections
- Violations
- BINDING ARBITRATION AND CLASS ACTION WAIVER AGREEMENT
- Indemnification and Release
- LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES AND CONDITIONS
- Assignment
- Force Majeure
- One Year Statute of Limitations
- Governing Law and Jurisdiction
- Notice
- Waiver
- Entire Agreement
1. Acceptance.
By accessing any of the Services or using the Platform in any way, including by browsing the Platform, attempting to sell or list at auction any Product, or attempting to bid on, make an offer on, or purchase any Products, you represent that (1) you have read, understand, and agree to be bound by these Terms, (2) you are of legal age to form a binding contract with Fanatics Collect, and (3) you are an individual user or, if registering for or on behalf of an entity, you have the authority to bind such entity to these terms. If you do not agree to be bound by these terms, you may not access or use this Platform. Your only recourse in the case of your unwillingness to continue to be bound by these Terms is to stop using the Platform.
PLEASE NOTE THAT THESE TERMS ARE SUBJECT TO CHANGE BY FANATICS MARKETPLACE IN ITS SOLE DISCRETION AT ANY TIME.
You agree that you will be bound by any such changes and that it shall be your responsibility to check the current Terms as posted on the Platform prior to accessing the Platform or participating in any Services. Your non-termination or continued access or use of the Platform after the effective date of any amendments, changes, or updates constitutes your acceptance of these Terms, as modified by such amendments, changes, or updates. We will keep current the “Last Updated” date at the top of these Terms. Any changes to these Terms will be effective immediately for all users of the Platform and/or Services. Fanatics Collect may require you to provide consent to the updated Agreement in a specified manner before further use of the Platform and/or Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Platform and Services and your Account may be terminated at the sole discretion of Fanatics Collect.
PLEASE REGULARLY CHECK THE PLATFORM TO VIEW THE THEN-CURRENT TERMS.
These Terms, together with the incorporated materials, constitute the entire agreement and understanding with respect to the access or use of the Platform and prevail over any terms proposed by you outside these Terms.
The access or use of the Platform 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. Supplemental Terms.
Your purchase or use of, and participation in, certain Products or Services may be subject to additional terms including, without limitation, our Community Guidelines (“Supplemental Terms”) and such Supplemental Terms will either be listed in these Terms or will be presented to you for your acceptance when you purchase a relevant Product or use a relevant Service.
3. Certain Restrictions.
You agree that you will not, will not attempt to, and will not allow any third party to:
3.1. license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Platform, the Services, or any portion of the Platform and/or Services;
3.2. frame or utilize framing techniques to enclose any of the Marks (as defined below) or other trademark, logo, or other intellectual property (including images, text, page layout or form) of Fanatics Collect (collectively and without limitation, the “Fanatics Collect IP”);
3.3. use any metatags or other “hidden text” using Fanatics Collect’s name or any Fanatics Collect IP;
3.4. modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Platform and/or Services except to the extent the foregoing restrictions are expressly prohibited by applicable law;
3.5. use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any portion of the Platform and/or Services;
3.6. access the Platform and/or Services to build a similar or competitive digital property, platform, application or service;
3.7. copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means any part of the Platform and/or Services, except as expressly stated herein; and/or
3.8. remove, alter, or destroy any copyright or trademark notices or other proprietary markings contained on the Platform or within any Services.
Any future release, update, or other addition to the Platform and/or Services shall be subject to these Terms. Fanatics Collect, its affiliates, suppliers, and service providers reserve all rights not explicitly granted in these Terms. Any unauthorized use of the Platform and/or the Service automatically and immediately terminates the licenses granted by Fanatics Collect pursuant to these Terms. These rights are non-exclusive, limited, and revocable by us at any time in our sole discretion without advance notice or liability. As your right to access and use the Platform and/or Services is personal to you, you may not assign nor transfer your right; any attempt to do so is void.
4. Ownership.
4.1. Fanatics Collect Ownership. You agree that Fanatics Collect and its suppliers own all right, title and interest in and to the Platform and the Services, including the information, Products, content, and resources available through the Platform and/or Services (including without limitation Fanatics Collect IP, titles, computer code, concepts, artwork, methods of operation, moral rights, and documentation).
4.2. Trademarks. Fanatics Collect’s stylized name and all related graphics, logos, trademarks, and trade names used in connection with the Platform and/or Services (the “Marks”) are the trademarks of Fanatics Collect and may not be used without permission in connection with your or any third-party product or service. Other trademarks, logos, and trade names that may appear on the Platform are the property of their respective owners.
4.3. 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 Collect at Fanatics Collect’s request or through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Fanatics Collect 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 Collect a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Platform and/or Services and/or Fanatics Collect’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.
4.4. Intellectual Property Rights. The Platform, Services, and Fanatics Collect IP, including the Marks are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Platform and/or Services and the Marks are provided on the Platform “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the Platform and no Services or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, modified, or otherwise exploited for any commercial purpose whatsoever, without Fanatics Collect’s express prior written permission. Provided that you are eligible to use the Platform , you are granted a limited license to access and use the Platform and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. Fanatics Collect reserves all rights not expressly granted to you in and to the Platform, the User Content (defined below), and the Marks.
5. Content.
5.1. Types of Content. You acknowledge that all content available on or through the Platform and/or Services is the sole responsibility of the party from whom such content originated. This includes all other users as well as sellers and other third parties posting content, selling Products or Services on or through the Platform, or otherwise hosting breaking events, auctions, and other video broadcasts, whether live or pre-recorded.
5.2. Content Generally. To the extent that you upload, post, e-mail, transmit or otherwise make available any content, including, for example and without limitation, product descriptions, reviews, chats, etc. (such content collectively, “User Content”) through the Platform: (a) you, and not Fanatics Collect, are entirely responsible for all such User Content; and (b) other users, and not Fanatics Collect, are similarly responsible for all User Content that such other users make available through the Platform.
5.3. 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 Collect the rights to it that you are granting by these Terms and any applicable Supplemental Terms, all without any obligation by Fanatics Collect to obtain consent of any third-party and without creating any obligation or liability as to Fanatics Collect, (b) you have obtained all required consents and releases, including, but not limited to, the right to use an individual’s name and likeness in accordance with an individual’s right of publicity, (c) you have not and will not violate any individual’s rights, including without limitation any intellectual property rights or rights under applicable privacy laws, (d) the use of your User Content does not violate this Agreement or applicable law, and will not violate any rights of or cause injury to any person or entity, and that (e) to the greatest extent permitted by law, you irrevocably and unconditionally waive any and all moral rights whatsoever, or any rights of a similar nature, in your User Content, for the benefit of or in favor of Fanatics Collect, 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 Collect or other users in any manner whatsoever.
5.4. Restrictions on User Content. It is important that the Platform and/or Services be used safely, and in accordance with the law, for the enjoyment of all users. You agree that you will not, will not attempt to, and will not allow any third party to:
5.4.1. promote any illegal activity, or advocate, promote or assist any unlawful act;
5.4.2. 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 conflict with the Terms, the Supplemental Terms, or the Privacy Policy;
5.4.3. transmit any material or content violates these Terms, our Prohibited Items, or our Community Guidelines, such as material that is pornographic, dehumanizing, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist, xenophobic, or illegal;
5.4.4. transmit any material or content that attempts to falsely state or otherwise misrepresent your identity or affiliation with a person or entity;
5.4.5. 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;
5.4.6. 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
5.4.7. transmit or encourage the transmission of any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, patent, or right of publicity, or which otherwise constitutes or promotes counterfeit materials or goods. For more information about our restrictions on certain kinds of User Content, visit our Community Guidelines.
5.5. No Obligation to Pre-Screen User Content. You acknowledge that Fanatics Collect has no obligation to pre-screen User Content, although Fanatics Collect reserves the right in its sole discretion to pre-screen, refuse or remove any User Content. By accessing the Platform, you irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of User Content, including any review or Feedback (as defined below) provided to Fanatics Collect. If Fanatics Collect pre-screens, refuses or removes any User Content, you acknowledge that Fanatics Collect will do so for Fanatics Collect’s benefit, not yours. Without limiting the foregoing, Fanatics Collect shall have the right to remove at its sole discretion any User Content that violates these Terms or is otherwise objectionable. For more information about our User Content Standards, visit our Community Guidelines.
5.6. Storage and Maintenance. Unless expressly agreed to by Fanatics Collect in writing elsewhere, Fanatics Collect has no obligation to store or otherwise maintain any User Content. Fanatics Collect has no responsibility or liability for: (a) the deletion or accuracy of any User Content, including any User Content provided by you; (b) the failure to store, transmit or receive transmission of User Content; or (c) the security, privacy, storage, or transmission of other communications originating with or involving use of the Platform and/or Services.
6. User Registration.
6.1. Account Registration Data. To access certain features of the Platform and/or participate in trading card breaks, place bids, or make purchases on the Platform, you may be required to register to create an account on the Platform (“Account”). In registering an Account, you agree to (a) provide true, accurate, current, and complete information about yourself as prompted by the registration form (the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. To the extent Registration Data includes personally identifiable information, we shall not use such personally identifiable information for any purpose other than providing the Services and as further set forth in the Privacy Policy.
6.2. Eligibility. You represent, warrant, and covenant that: that you are at least 18 years old and legal age to form a binding contract and not a person barred from using the Platform under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account, including the positing of any User Content. You agree that you shall monitor your Account to restrict use by unauthorized users, and you will accept full responsibility for any unauthorized use of the Platform and/or Services by unauthorized users of your Account. You may not share your Account or password with anyone, and you agree to (a) notify Fanatics Collect 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 Collect has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current, or incomplete, Fanatics Collect has the right to suspend or terminate your Account and refuse any and all current or future use of the Platform and/or Services (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account at any time. Fanatics Collect reserves the right to remove or reclaim any usernames in its sole discretion at any time and for any reason, including without limitation claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use the Platform and/or Services if you have been previously removed or banned by Fanatics Collect from any use of the Platform and/or Services. Lastly, you are responsible for determining whether the sale or purchase of the items or services on the Platform by you are lawful, and you represent that the sale, purchase and use of the items or services sold or purchased by you on the Platform are lawful in your state of residence or possession or use of the item or service.
6.3. 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 Platform (“Third-Party Account”). If you access the Platform through a Third-Party Account, you represent that you are entitled to disclose your Third-Party Account login information to us or otherwise grant us access to your Third-Party Account (including without limitation for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Fanatics Collect to pay any fees or making Fanatics Collect subject to any usage limitations imposed by such third-party service providers. By granting Fanatics Collect access to any Third-Party Accounts, you understand that Fanatics Collect may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account that is available on or through the Platform and/or Services in accordance with the functionality of the Platform and/or Services. All such content shall be your User Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on the Platform. Please note that if a Third-Party Account or associated service becomes unavailable, or Fanatics Collect’s access to such Third-Party Account is terminated by the third-party service provider, then your User Content may no longer be available on and through the Platform. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND FANATICS MARKETPLACE 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.
6.4. 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 Collect.
7. Product Images.
Fanatics Collect makes efforts to display accurately the colors, features, specifications, and details of the products available on the Platform. However, Fanatics Collect does not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors. Your electronic display may not accurately reflect the actual colors and details of the products.
8. Cancellation and Return Policy.
ALL SALES ARE FINAL AND FANATICS MARKETPLACE DOES NOT ACCEPT RETURNS EXCEPT IN RARE CIRCUMSTANCES. For more information, please visit our Cancellation and Return Policy.
9. User Conduct.
9.1. Cheating and Hacking. You agree that you will not, under any circumstances:
9.1.1. Interfere with or damage the Platform and/or Services, including, without limitation, by using viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-site attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology;
9.1.2. Modify or cause to be modified any files that are a part of the Platform and/or Services;
9.1.3. Disrupt, overburden, or aid or assist in the disruption or overburdening of: (i) any computer or server used to offer or support the Platform and/or Services; or (ii) the enjoyment of the Platform and/or Services by any other person;
9.1.4. Institute, assist, or become involved in any type of attack on the Platform and/or Services or other attacks or attempts to disrupt the Platform and/or Services;
9.1.5. Attempt to gain unauthorized access to the computers, servers or networks connected to the Platform and/or Services by any means other than the user interface provided by Fanatics Collect, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device or software that is part of the Platform and/or Services;
9.1.6. Access, tamper with or use non-public areas of the Platform and/or Services, Fanatics Collect’s computer systems, and/or the technical delivery systems of Fanatics Collect’s providers;
9.1.7. Attempt to probe, scan, or test the vulnerability of any Fanatics Collect system or network, or breach any security or authentication measures;
9.1.8. Disrupt or interfere with the security of, or otherwise cause harm to, the Platform and/or Service, systems, resources, servers, or networks connected to or accessible through the Platform and/or Services or any affiliated or linked sites; or
9.1.9. Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Fanatics Collect or any of Fanatics Collect’s affiliates or providers or any other third party (including another user) to protect the Platform and/or Services.
9.2. Commercial Activities. You may not access or use the Platform for any purpose other than that for which Fanatics Collect makes the Platform available. The Platform may not be used in connection with any commercial endeavors except those that are expressly authorized by Fanatics Collect. You agree that you will not, under any circumstances (except to the extent expressly authorized by these Terms):
9.2.1. Reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the Platform and/or Services, or access to or use of the Platform and/or Services;
9.2.2. Upload, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation in connection with the Platform;
9.2.3. use the Platform as part of any effort to compete with Fanatics Collect or otherwise use the Platform or the Content for any revenue-generating endeavor or commercial enterprise;
9.2.4. Use the Platform or any part thereof for any commercial purpose without Fanatics Collect’s prior written consent, including, but not limited to, communicating, or facilitating any commercial advertisement or solicitation; or
9.2.5. Market any goods for any business purposes on or in connection with the Platform and/or Services without Fanatics Collect’s prior written consent.
9.3. Unauthorized Use or Access. You agree that you will not, under any circumstances:
9.3.1. Use the Platform for any illegal purpose including, without limitation, engaging in fraud, misrepresentation, or shill bidding;
9.3.2. Interfere or attempt to interfere with the proper functioning of the Platform and/or Services or connect to or use the Platform and/or Services in any way not expressly permitted by these Terms;
9.3.3. systematically retrieve data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory,
9.3.4. Use, display, mirror or frame the Platform and/or any Services, or any individual element within the Platform and/or any Services, Fanatics Collect’s name, any Fanatics Collect IP or other proprietary information, or the layout and design of any page or form contained on a page, without Fanatics Collect’s express written consent;
9.3.5. Use any unauthorized software that accesses, intercepts, “mines” or otherwise collects information from or through the Platform and/or any Services or that is in transit from or to the Platform, including, but not limited to, any software that reads areas of RAM or streams of network traffic used by the Platform and/or any Services;
9.3.6. Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server, or the Platform and/or Services, whether by using a network analyzer, packet sniffer or other device;
9.3.7. Make any automated use of the Platform and/or any Services, such as by creating user accounts by automated means, or take any action that imposes or may impose (in Fanatics Collect’s sole discretion) an unreasonable or disproportionately large load on the infrastructure of the Platform and/or any Services;
9.3.8. Bypass any robot exclusion headers or other measures Fanatics Collect takes to restrict access to the Platform and/or Services, or use any software, technology, or device to send content or messages, scrape, spider or crawl on the Platform, or harvest or manipulate data;
9.3.9. Use, facilitate, create, or maintain any unauthorized connection to the Platform and/or any Services, including, but not limited to: (i) any connection to any unauthorized server that emulates, or attempts to emulate, any part of the Platform and/or Services; or (ii) any connection using programs, tools or software not expressly approved by Fanatics Collect;
9.3.10. Reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Platform and/or Services;
9.3.11. 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;
9.3.12. Solicit or attempt to solicit personal information from other users of the Platform;
9.3.13. trick, defraud, or mislead Fanatics Collect or other users, especially in any attempt to learn sensitive account information such as user passwords,
9.3.14. make improper use of Fanatics marketplace’s support or submit false reports of abuse or misconduct,
9.3.15. use any information obtained from the Platform to harass, abuse, or harm another person;
9.3.16. harass, annoy, intimidate, or threaten any Fanatics Collect employees or agents engaged in providing any portion of the Platform to you;
9.3.17. Register for more than one Account at any given time or register for an Account on behalf of an individual other than yourself;
9.3.18. Use the Platform and/or Services to collect, harvest, transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
9.3.19. 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
9.3.20. Otherwise use the Platform and/or Services for purposes other than those for which they were designed.
9.4. Offensive Materials Policy. Fanatics Collect wants to bring together a diverse community of cultures, ages, and beliefs together through the common passion (or love) of collecting. Accordingly, Fanatics Collect prohibits certain content, uses of, or activities on the Platform that Fanatics Collect believes are harmful to the community. Fanatics Collect reserves the right to reject any item, remove any listing, or any other action against any user found, in Fanatics Collect’s sole discretion, to be in violation of this policy, including without limitation, account suspension, and/or permanent ban. For more information, please visit our Prohibited Items Policy.
10. Third Party Services.
The Platform may contain links to third-party properties (“Third Party Properties”). When you click on a link to a Third Party Property, we may not warn you that you have left the Platform and are subject to the terms and conditions (including privacy policies) of another property. Such Third Party Properties are not under the control of Fanatics Collect. Fanatics Collect is not responsible for any Third Party Properties. Fanatics Collect provides navigation to these Third Party Properties only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Properties or any product or service provided in connection therewith. You use all Third Party Properties at your own risk. When you leave our Platform, these Terms no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Property, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
11. Platform Management.
Fanatics Collect reserves the right, but not the obligation, in its sole discretion to: monitor the Platform 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 Platform in a manner designed to protect Fanatics Collect’s rights and property and to facilitate the proper functioning of the Platform and the Marketplace.
12. Term and Termination.
12.1. Term. This Agreement commences on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the Platform and/or Services, unless terminated earlier in accordance with this Agreement.
12.2. Prior Use. Notwithstanding the foregoing, you acknowledge and agree that this Agreement commenced on the earlier to occur of (a) the date you first used the Platform; or (b) the date you accepted this Agreement, and will remain in full force and effect while you use the Platform, unless earlier terminated in accordance with this Agreement.
12.3. Termination of Agreement by Us. At any time and for any reason, in our sole discretion, we have the right to, immediately and without notice, terminate this Agreement and/or suspend or terminate your Account or access to the Platform and/or Services. We are entitled, except to the extent prohibited by applicable law, to disclose any information or materials on the Platform, in our possession in connection with your use of the Platform, to (a) comply with applicable laws, legal process or governmental request; (b) enforce these Terms; (c) respond to your requests for customer service; or (d) protect the rights, property or personal safety of Us, our users or the public, and all enforcement or other government officials, as we believe necessary or appropriate in our sole discretion.
12.4. Termination of Agreement by you. If you want to terminate this Agreement, you may do so by (a) notifying Fanatics Collect at any time; and (b) closing your Account. Your notice should be sent, in writing, to Fanatics Collect’s address, Fanatics Collect, 95 Morton Street, 4th Floor, New York, NY 10014, ATTN: Legal Department.
12.5. Effect of Termination. We will not have any liability whatsoever to you for any suspension or termination of your access to the Platform and/or Services. All provisions of this Agreement 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.
13. Copyright Infringement Claims; Digital Millennium Act (DMCA) Notice.
If you believe that your work has been copied and posted on the Platform in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on the Platform of the material that you claim is infringing; (d) your address, telephone number and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Before you file your notice, please carefully consider whether the use of the copyrighted material at issue is protected by the Fair Use doctrine. If you file a notice when there is no infringing use, you could be liable for costs and attorneys’ fees. Contact information for
Fanatics Collect’s Copyright Agent for notice of claims of copyright infringement is:
Fanatics Collect
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 Platform has been removed or disabled due to a third-party’s complaint of copyright infringement, you may file a counter-notification. To be effective, the counter-notification must be a written communication sent to the Copyright Agent address listed above that includes the following: (a) your physical or electronic signature; (b) identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled; (c) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (e) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which Fanatics Collect may be found, and that you will accept service of process from the person who provided the initial infringement notification or an agent of such person.
If you have a claim related to trademarks, patents, intellectual property, or any other matter other than copyright, please contact us at policy@fanatics.live. Please provide detailed information regarding the nature of your complaint, including but not limited to your name and contact information, the subject matter of the complaint, and any additional information that we may require to review the matter and take action (or take no action) as may be appropriate. Please be advised that we may share the details of your complaint with the user that owns the User Content that is the subject of your complaint, or with appropriate authorities (including law enforcement authorities) if Fanatics Collect in its sole discretion believes that such action is necessary, or if we are obligated to do so by law.
14. Site Modifications and Interruptions.
14.1. Fanatics Collect reserves the right to change, modify, or remove the contents of the Platform at any time or for any reason in its sole discretion without notice. Fanatics Collect has no obligation to update any information on the Platform. Fanatics Collect reserves the right to modify or discontinue all or part of the Marketplace without notice at any time. Fanatics Collect is not liable to you or any third party for any modification, suspension, or discontinuance of the Platform or the Marketplace.
14.2. The Platform and the Marketplace may be unavailable from time to time. Fanatics Collect may experience hardware, software, or other problems or need to perform maintenance related to the Platform, resulting in interruptions, delays, or errors. Fanatics Collect reserves the right to change, revise, update, suspend, discontinue, or otherwise modify the Platform or the Marketplace at any time or for any reason without notice to you. You agree that Fanatics Collect has no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform or the Marketplace during any downtime or discontinuance of the Platform or the Marketplace. Nothing in these Terms will be construed to obligate Fanatics Collect to maintain and support the Platform or the Marketplace or to supply any corrections, updates, or releases.
15. Corrections.
There may be information on the Platform that contains typographical errors, inaccuracies, or omissions that may relate to the Marketplace, including descriptions, pricing, availability, and various other information. Fanatics Collect reserves the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Platform at any time, without prior notice.
16. Violations.
16.1. If Fanatics Collect becomes aware of any possible violations by you of these Terms or our Community Guidelines, Fanatics Collect reserves the right to investigate such violations. If, because of the investigation, Fanatics Collect believes that criminal activity has occurred, Fanatics Collect reserves the right to refer the matter to, and to cooperate with, all applicable legal authorities. Fanatics Collect is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on the Platform, in Fanatics Collect’s possession in connection with your use of the Platform and/or Services, to (a) comply with applicable laws, legal process or governmental request; (b) enforce these Terms or our Community Guidelines; (c) respond to your requests for customer service; or (d) protect the rights, property or personal safety of Fanatics Collect, its users or the public, and all law enforcement or other government officials, as Fanatics Collect in its sole discretion believes to be necessary or appropriate.
16.2. If Fanatics Collect determines, in its sole discretion, that you have breached any portion of these Terms, or have otherwise demonstrated conduct inappropriate for the Platform, Fanatics Collect reserves the right to:
16.2.1. Warn you via e-mail (to any e-mail address you have provided to Fanatics Collect) that you have violated these Terms;
16.2.2. Suspend or terminate your access to the Platform (pursuant to Section 12 above) and/or
16.2.3. Pursue any other action which Fanatics Collect deems appropriate.
17. BINDING ARBITRATION AND CLASS ACTION WAIVER AGREEMENT.
PLEASE READ THIS ARBITRATION & CLASS ACTION WAIVER AGREEMENT (the “Agreement”) CAREFULLY BECAUSE IT MAY REQUIRE YOU AND FANATICS MARKETPLACE TO ARBITRATE CERTAIN DISPUTES AND CLAIMS ON AN INDIVIDUAL BASIS ONLY AND LIMIT THE MANNER IN WHICH YOU AND FANATICS MARKETPLACE CAN SEEK RELIEF FROM EACH OTHER. THIS AGREEMENT APPLIES TO ANY CLAIMS YOU MAY CURRENTLY POSSESS AND ANY CLAIMS YOU MAY RAISE IN THE FUTURE. WHILE YOU MUST AGREE TO THESE TERMS OF USE IN ORDER TO USE THE SERVICES, IF YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION IN CONNECTION WITH YOUR USE OF OUR SERVICES, THERE IS AN OPTION, DESCRIBED BELOW IN SECTION 17.11, TO OPT OUT OF THE ARBITRATION PROVISIONS. THE OPTION TO OPT-OUT IS TIME-LIMITED TO THIRTY (30) DAYS OF ENTERING THIS AGREEMENT AND REQUIRES YOUR IMMEDIATE ATTENTION.
If you reside in or access the Services at any time while located in the United States, this Section 17 (Binding Arbitration and Class Action Waiver Agreement) shall be construed under and be subject to the Federal Arbitration Act, notwithstanding any other choice of law set out in these Terms of Use.
THIS AGREEMENT INCLUDES AN ARBITRATION PROVISION WHICH SETS FORTH HOW PAST, PENDING OR FUTURE DISPUTES BETWEEN YOU AND FANATICS MARKETPLACE SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS ONLY AND FOR YOUR OWN LOSSES ONLY.
UNDER THIS AGREEMENT, YOU MAY NOT PROCEED AS A CLASS REPRESENTATIVE, AS A MEMBER OR PART OF ANY PROPOSED CLASS, COLLECTIVE ACTION OR MASS ARBITRATION, AS A PRIVATE ATTORNEY GENERAL, QUI TAM ACTION OR UNDER ANY REPRESENTATIVE PROCEEDING, AND YOU MAY NOT OTHERWISE SEEK TO RECOVER ON BEHALF OF OTHERS OR FOR THE USE OR BENEFIT OF OTHERS IN ANY TYPE OF CLAIM OR ACTION. YOU AND FANATICS COLLECT FURTHER AGREE THAT ANY ARBITRATION PURSUANT TO THIS AGREEMENT SHALL NOT PROCEED AS A CLASS, GROUP OR REPRESENTATIVE ACTION.
ARBITRATION MEANS YOU WILL NOT BE ABLE TO SEEK DAMAGES IN COURT OR PRESENT YOUR CASE TO A JURY.
17.1. Acceptance of Terms. By using, or otherwise accessing the Services, or clicking to accept or agree to the Terms where that option is made available, you confirm that you have read and accept and agree to this Agreement. Except to the extent that you may opt-out as provided below, all of your activity on the Website or Platform and all or your transactions with Fanatics Collect, including all events which occurred before your acceptance of this Agreement, shall be subject to this Agreement.
17.2. Scope of Agreement to Arbitrate. You and Fanatics Collect agree that any past, pending, or future dispute, claim or controversy arising out of or relating to any purchase or transaction by you, your access to or use of any Platform or the Services, or to this Agreement, the Terms of Use, or the Incorporated Policies (including without limitation any dispute concerning the breach, enforcement, construction, validity, interpretation, enforceability, or arbitrability of this Agreement or the Terms of Use) (a “Dispute”), shall be determined by arbitration, including claims that arose before acceptance of any version of this Agreement. In addition, in the event of any Dispute concerning or relating to this Agreement — including the scope, validity, enforceability, or severability of this Agreement or its provisions, as well as the arbitrability of any claims—you and Fanatics Collect agree and delegate to the Arbitrator the exclusive jurisdiction to rule on their own jurisdiction over the Dispute, including any objections with respect to the scope, validity, enforceability, or severability of this Agreement or its provisions, as well as the arbitrability of any claims or counterclaims presented as part of the Dispute.
17.3. Notwithstanding the above provision this Agreement, all parties retain the right to seek relief in a small claims court for disputes or claims solely within the scope of a small claim’s court jurisdiction.
17.4. Third-Party Beneficiaries. You further agree and intend that this Agreement and the Terms are entered into for the express benefit of your spouse, heirs, children and next-of-kin and shall bind same to the extent of any claims arising from your use of the Services which is brought by them or by any person for the use or benefit of your spouse, heirs, children and next-of-kin. Fanatics Collect agrees also that this Agreement is intended to benefit and shall bind any successor-in-interest or assignee of Fanatics Collect.
17.5. Intellectual Property. Notwithstanding the requirement to arbitrate in this Section 17, you and Fanatics Collect are NOT required to arbitrate any claims for the alleged unlawful use of copyrights, trademarks, trade names, trade dress, logos, trade secrets, or patents, and the parties agree that in the event of infringement of copyrights, trademarks, trade names, trade dress, logos, trade secrets, or patents of a party, they shall also be entitled to seek injunctive relief from a court of competent jurisdiction, and the parties shall not be able to hold out a user’s access to the Services as a basis to enforce this Agreement as to such claims.
17.6. Separate Agreement. The parties acknowledge that this Agreement is a separate agreement between the parties governed by the Federal Arbitration Act, and that any alleged or determined invalidity or illegality of all or any part of the Terms of Use, the Services, the Platform, or the Incorporated Policies shall have no effect upon the validity and enforceability of this Agreement.
17.7. Applicable Law. While the Federal Arbitration Act shall control, to the extent the law of any state is applied or considered with respect to issues bearing upon the enforceability or scope of this Agreement, the parties agree that the law of the State of New York shall exclusively apply, notwithstanding any consideration or application of choice of law or conflicts of law principles.
17.8. INITIATING ARBITRATION UNDER JAMS RULES
17.8.1. Following the conclusion of the initial dispute resolution process, you or Fanatics Collect may seek arbitration of a Dispute in accordance with the provisions of this Agreement. You and Fanatics Collect agree that JAMS (“JAMS”) will administer the arbitration under its Comprehensive Arbitration Rules and Procedures (“JAMS Rules”) in effect at the time arbitration is sought (“JAMS Rules”). Those rules are available at https://www.jamsadr.com/adr-rules-procedures/.
17.8.2. You and Fanatics Collect further agree:
17.8.2.1. arbitration will proceed on an individual claim basis only.
17.8.2.2. the arbitration will be handled by a sole arbitrator. The parties agree that the JAMS arbitrator must have the following minimum qualification: practicing attorneys or retired federal court judges who have at least ten years of substantive expertise in litigating and resolving of complex business disputes, including motions to compel arbitration and litigation or adjudication regarding whether disputes are arbitrable;
17.8.2.3. for purpose of Sections 16.1 and 16.2 of the JAMS Rules, the JAMS Streamlined Arbitration Rules and Procedures and JAMS Expedited Procedures shall not apply to unless otherwise explicitly agreed to by all parties to the Dispute;
17.8.2.4. in lieu of JAMS Rule 15, the parties shall be presented with a list of eight (8) potential arbitrators, be allowed three (3) strikes and the parties shall rank those potential arbitrators in order of preference. JAMS shall select the arbitrator with the highest combined preference (e.g., if both parties select a potential arbitrator as their top preference, that arbitrator will be selected);
17.8.2.5. in lieu of JAMS Rule 18, the parties shall have the right to submit a dispositive motion at the outset of the arbitration to the Arbitrator. The submission and scheduling of such motions shall be addressed at a conference held before the JAMS arbitrator, and the Parties agree that any dispositive motions shall be resolved and the remainder of the arbitral proceeding stayed pending resolution, absent good cause and immediate necessity to proceed.
17.8.2.6. unless and only to the extent prohibited under JAMS Rules, the arbitration will be held in Wilmington, Delaware or, at either your or our election, will be conducted telephonically or via other remote electronic means;
17.8.2.7. the JAMS Rules will govern payment of all arbitration fees, currently available at https://www.jamsadr.com/arbitration-fees, You will only be required to pay arbitration fees of $250 in connection with any arbitration initiated under this Section 17, but You will still be responsible for paying your own attorneys’ fees;
17.8.2.8. except as otherwise waived or limited under the Terms or this Agreement, the JAMS arbitrator shall be authorized to award any remedies, including equitable or injunctive relief, that would be available in an individual lawsuit except:
17.8.2.8.1. in any arbitration arising out of or related to this Agreement, the arbitrator(s) are not empowered to award punitive or exemplary damages, and the parties waive any right to recover any such damages; and
17.8.2.8.2. in any arbitration arising out of or related to this Agreement, the arbitrator(s) may not award any incidental, indirect or consequential damages, including damages for lost profits;
17.8.2.9. the arbitration decision and award shall consist of a written statement signed by the Arbitrator regarding the disposition of each claim and the relief, if any, as to each claim. Unless the parties agree otherwise, the award shall be a reasoned award and contain a concise written statement of the reasons for the award;
17.8.2.10. except as and to the extent otherwise may be required by law, the arbitration proceeding, pleadings, and any award shall be confidential, except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its confirmation and enforcement;
17.8.2.11. in the event JAMS is unavailable or unwilling to hear the dispute in accordance with this Agreement, the parties shall agree to, or a court shall select, another arbitration provider subject to the procedural agreements of this Section 17; and
17.8.2.12. you and Fanatics Collect agree that any award issued by the Arbitrator in excess of $50,000 in favor of either party, or any award which grants any form of declaratory or equitable relief that would significantly impact other Fanatics Collect users or the operation of the Platform, may be appealed in accordance with the JAMS Optional Arbitration Appeal Procedures at either party’s election. The JAMS Optional Arbitration Appeal Procedures are available at https://www.jamsadr.com/adr-rules-procedures/.
17.9. Batch Arbitration. To increase efficiency of resolution, in the event 20 or more similar arbitration demands against Fanatics Collect, presented by or with the assistance of the same law firm or organization or group of law firms or organizations working in coordination, are submitted to JAMS in accordance with the rules described above within a 60-day period, JAMS shall consolidate those arbitrations as contemplated in the JAMS Rules by (a) grouping the arbitration demands into batches of no more than 25 demands per batch (plus, to the extent there are fewer than 25 arbitration demands left over after the batching described above, a final batch consisting of the remaining demands); and (b) providing for resolution of each batch as a single arbitration with one set of filing and administrative fees and one arbitrator assigned per batch. For avoidance of doubt, consolidation does not require that all arbitrations in a single batch be decided the same, nor does it impair your right to present any evidence or argument that you think particular to your case, so long as consistent with JAMS Rules. You agree to cooperate in good faith with Fanatics Collect and JAMS to implement such a batch approach to resolution and fees.
17.10. By signing a demand for arbitration, a party certifies, to the best of their knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (i) the demand for arbitration is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims and other legal contentions are warranted by existing law or by a non-frivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The Arbitrator shall be authorized to afford any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or any applicable state law for either party’s violation of this requirement.
17.11. OPTION AND PROCEDURE TO OPT OUT OF ARBITRATION
17.11.1. IF YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION IN CONNECTION WITH YOUR USE OF OUR SERVICE, YOU MAY OPT OUT OF THE AGREEMENT TO ARBITRATE BY FOLLOWING THE INSTRUCTIONS BELOW. IF YOU DO NOT OPT-OUT, THE ARBITRATION PROVISIONS WILL APPLY RETROACTIVELY TO ALL CLAIMS YOU MAY POSSESS, WHETHER ASSERTED TO DATE OR NOT.
17.11.2. OPT-OUT. IF YOU DO NOT WISH TO AGREE TO THE PROVISIONS OF THIS SECTION 17 AGREEMENT REQUIRING ARBITRATION AND CLASS ACTION WAIVER AND YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION IN CONNECTION WITH YOUR USE OF OUR SERVICE, YOU MUST, WITHIN THIRTY (30) DAYS OF ENTERING THIS AGREEMENT, SEND AN E-MAIL FROM THE EMAIL ADDRESS ASSOCIATED WITH YOUR ACCOUNT TO [TBD EMAIL] CONTAINING YOUR FULL NAME, ADDRESS, AND THE WORDS “OPT OUT” IN THE SUBJECT LINE OF THE EMAIL AND AN UNEQUIVOCAL STATEMENT THAT YOU WANT TO OPT-OUT OF THIS ARBITRATION AGREEMENT. **REQUESTS TO OPT OUT AFTER THE 30 DAY PERIOD SHALL NOT BE EFFECTIVE.**
17.11.3. Whether to agree to arbitration is an important decision. It is your decision to make and you are not required to rely solely on the information provided in these terms of use. You should take reasonable steps to conduct further research and to consult with counsel (at your expense) regarding the consequences of your decision.
17.12. WAIVER OF CLASS RELIEF AND COLLECTIVE ACTION. REGARDLESS OF ANY DECISION TO OPT-OUT OF ARBITRATION AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR FANATICS MARKETPLACE SHALL BE ENTITLED TO BRING, CONSOLIDATE, JOIN OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR PARTICIPATE IN ANY COLLECTIVE ARBITRATION OR ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY. YOU MAY ONLY ARBITRATE OR LITIGATE ON AN INDIVIDUAL BASIS AND FOR YOUR OWN LOSSES ONLY. UNDER THIS AGREEMENT, YOU MAY NOT PROCEED IN ARBITRATION OR COURT AS A CLASS REPRESENTATIVE, MEMBER OR PART OF ANY PROPOSED CLASS, COLLECTIVE ACTION OR MASS ARBITRATION, PRIVATE ATTORNEY GENERAL SUIT, QUI TAM ACTION OR ANY REPRESENTATIVE PROCEEDING, OR OTHERWISE SEEK TO RECOVER ON BEHALF OF OTHERS OR FOR THE BENEFIT OR USE OF OTHERS IN ANY TYPE OF CLAIM OR ACTION. YOU AND FANATICS MARKETPLACE ARE EACH WAIVING RESPECTIVE RIGHTS TO PARTICIPATE IN A CLASS ACTION. BY ACCEPTING THIS AGREEMENT, YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN ANY PAST, PENDING OR FUTURE CLASS ACTION OR ANY OTHER CONSOLIDATED OR REPRESENTATIVE PROCEEDING, INCLUDING ANY PROCEEDING EXISTING AS OF THE DATE YOU AGREED TO THIS AGREEMENT.
17.13. Severability. This Agreement applies solely to the extent permitted by law. If for any reason any provision of this Agreement or portion thereof, is found to be unlawful, void, or unenforceable, that part of this Agreement will be deemed severable and shall not affect the validity and enforceability of the remainder of this Agreement which shall continue in full force and effect. To the fullest extent allowable by law and equity, the parties agree that any such provision may be blue-penciled or otherwise construed 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 deemed replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.
END OF SECTION 17 ARBITRATION AGREEMENT
18. Indemnification and Release.
18.1. Indemnification. You agree to indemnify, defend and hold harmless Fanatics Collect, its parents, affiliates 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 Collect Party” and, collectively, the “Fanatics Collect 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 Platform and/or Services; (b) your breach or alleged breach of these Terms or the terms of any other agreement between you and Fanatics Collect; (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 Platform; 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 Collect 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 Collect 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 Collect in asserting any available defenses. This provision does not require you to indemnify any of the Fanatics Collect Parties for such party’s fraud or willful misconduct in connection with the Platform or any Services provided hereunder. You agree that the provisions in this section will survive any termination of these Terms and/or your access to the Platform and/or Services.
18.2. Release. You release the Fanatics Collect Parties and their successors from any and all claims, demands, losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that may be either directly or indirectly related to or arise from your use of the Platform and/or Services, including, but not limited to, any interactions with third parties of any kind arising in connection with or as a result of these Terms or your use of the Platform and/or Services. If you are a California resident, you waive California Civil Code §1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” The foregoing release does not apply to any claims, demands, losses, damages, rights or actions of any kind, including personal injuries, death or property damage, for any unconscionable commercial practice by a Fanatics Collect Party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression, or omission of any material fact in connection with the Platform and/or Services or any Platform provided hereunder.
19. LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES AND CONDITIONS.
19.1. LIMITATION OF LIABILITY. BY ACCESSING THE PLATFORM, USING THE SERVICES OR DOWNLOADING THE PLATFORM, YOU ACKNOWLEDGE AND AGREE THAT SUCH USE IS AT YOUR OWN RISK AND THAT NONE OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR ANY OF FANATICS MARKETPLACE, ITS AFFILIATES, SUBSIDIARIES OR ANY OF THEIR EMPLOYEES, AGENTS OR CONTRACTORS (COLLECTIVELY, “RELEASED PARTIES”) ARE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF DATA, LEGAL FEES, EXPERT FEES, COST OF PROCURING SUBSTITUTE SERVICES, LOST OPPORTUNITY, OR OTHER DISBURSEMENTS) WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, THROUGH THE ACCESS TO, USE OF, RELIANCE ON ANY MATERIAL OR CONTENT ON THE PLATFORM AND/OR SERVICES, OR BROWSING OF THE PLATFORM AND/OR SERVICES OR THROUGH YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE PLATFORM AND/OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE TOTAL LIABILITY OF THE RELEASED PARTIES IS LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID FANATICS MARKETPLACE IN THE 180 DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. WITHOUT LIMITING THE FOREGOING, THE RELEASED PARTIES ASSUME NO RESPONSIBILITY, AND WILL NOT BE LIABLE, FOR ANY DAMAGES RELATING TO OR CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OF ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE PLATFORM. THE RELEASED PARTIES CANNOT AND DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE PLATFORM. MOREOVER, WITHOUT LIMITING THE FOREGOING, THE RELEASED PARTIES ASSUME NO RESPONSIBILITY, AND WILL NOT BE LIABLE, FOR ANY FOR ANY INFRINGEMENT OF PATENTS OF ANY THIRD PARTIES.
19.2. DISCLAIMER OF WARRANTIES. THE PLATFORM, IN WHOLE AND IN PART (INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SERVICES, AND USER MATERIALS), ARE PROVIDED, TRANSMITTED, DISTRIBUTED, AND MADE AVAILABLE “AS IS” AND “AS AVAILABLE” WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY: (A) THAT THE PLATFORM AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (B) THAT DEFECTS OR ERRORS IN THE PLATFORM AND/OR SERVICES WILL BE CORRECTED; (C) THAT THE PLATFORM AND/OR SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (D) AS TO THE QUALITY, ACCURACY, COMPLETENESS AND VALIDITY OF ANY INFORMATION OR MATERIALS IN CONNECTION WITH THE PLATFORM AND/OR SERVICES; (E) THAT YOUR USE OF THE PLATFORM AND/OR SERVICES WILL MEET YOUR REQUIREMENTS; (F) THAT TRANSMISSIONS OR DATA WILL BE SECURE; OR (G) THAT THIRD PARTIES ACCESSING OR USING THE PLATFORM AND/OR SERVICES WILL NOT INFRINGE ANY PATENT, TRADEMARK, COPYRIGHT, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY RIGHT.
19.3. 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, OUR WARRANTIES AND LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N – 112, Sacramento, CA 95834, or by telephone at 1 (800) 952-5210.
19.4. NO LIABILITY FOR CONDUCT OF THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE THAT THE FANATICS MARKETPLACE PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD ANY OF THE FANATICS MARKETPLACE PARTIES LIABLE, FOR THE CONDUCT, CONTENT AND COMMERCIAL ACTIVITY OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, OTHER USERS, MERCHANTS, EVENT SPONSORS AND ANY PUBLISHERS ON THE PLATFORM AND/OR SERVICES, AND THAT THE RISK OF INJURY FROM YOUR INTERACTIONS WITH SUCH THIRD PARTIES ON OR AS A RESULT OF THE PLATFORM AND/OR SERVICES RESTS ENTIRELY WITH YOU.
20. 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 Collect, and any purported assignment, delegation, or transfer in violation hereof shall be void. Fanatics Collect may freely assign these Terms.
21. 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.
22. One Year Statute of Limitations.
To the extent permitted by law, you and Fanatics Collect agree that any claims, regardless of form, arising out of or related to the Platform, Services, and/or these Terms or Privacy Policy must BE FILED within ONE YEAR of the action, omission, event or occurrence giving rise to the claim or suit, after which such claims will be time-barred and prohibited, without regard to any longer period of time which may be provided by any period of limitation or repose by law or statute..
23. Governing Law and Jurisdiction.
Any obligation based upon these Terms has been entered into, and shall be construed, enforced, and governed in accordance with the laws of the State of New York, without regard to conflicts of laws principles. Except as set forth in the Arbitration Agreement (Section 17), venue and jurisdiction for any proceedings arising out of any obligation based upon these Terms shall lay exclusively in the state and federal courts of New York, New York, United States of America. The United Nations Convention on Contracts for the international sale of goods is expressly excluded from these Terms.
24. Notice.
Where Fanatics Collect requires that you provide an e-mail address, you are responsible for providing Fanatics Collect with your most current e-mail address. If the last e-mail address you provided to Fanatics Collect is not valid, or for any reason is not capable of delivering to you any notices permitted by these Terms, Fanatics Collect’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Fanatics Collect at the following address: Fanatics Collect, 95 Morton Street, 4th Floor, New York, NY 10014, ATTN: Legal Department. Such notice shall be deemed given when received by Fanatics Collect by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
25. 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.
26. Entire Agreement.
These Terms are the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
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Supplemental Marketplace Terms
Last Updated: July 16, 2024
In addition to, and without limiting, the terms and conditions described in the other policies or the Terms of Use, these Supplemental Marketplace Terms (“Marketplace Terms”) apply when attempt to buy or sell an item (each, an “Item”) through the Fanatics Collect Marketplace and/or otherwise participate in an online auction event facilitated by Fanatics Collect (each, an “Auction Event”). If there is any conflict between these Marketplace Terms and the Terms of Use, the Terms of Use will prevail. Capitalized terms used but not defined in these Marketplace Terms will have the meanings set forth in the Terms of Use.
The “Marketplace Services” are the services, functions, and features offered from time to time by Fanatics Collect. Examples include creating a Fanatics Collect on-account, sending in a Fanatics Collect Submission Form, submitting any Items to Fanatics Collect for sale, and placing a bid or offer for Items.
1. Seller Terms. The terms in this Section 1 apply to you when you are selling Items through the Fanatics Collect Marketplace.
1.1. You must abide by these Marketplace Terms and any other terms or guidelines posted by Fanatics Collect in connection with the submission and sale of your Items.
1.2. You must remove your Items from any third-party registries, including the PSA/SGC/Beckett set registries, and all other marketplaces, at or before the time the Items are listed for sale by Fanatics Collect. You will not offer any Item through another sales platform while the Item is offered by or scheduled to be offered by Fanatics Collect.
1.3. All information that you provide to Fanatics Collect in connection with your Items and submission, including, without limitation, statements regarding the character, quantity, features, condition, authenticity, and history of the Items, must be true, complete, and accurate.
1.4. You shall not list counterfeit or prohibited Items, or any Items otherwise prohibited by our Prohibited Items Policy. You are prohibited from relisting Items that we removed because they violated these Marketplace Terms, or any other terms or guidelines posted by Fanatics Collect in connection with the submission and sale of your Items. You are prohibited from providing false or incomplete information to circumvent our terms or guidelines.
1.5. Once your Items are listed in your Fanatics Collect account, you must review each Item listing for accuracy within 24 hours. Once this review period is over, you waive any right to object to the listing.
1.6. You represent and warrant that you have legal ownership and full rights and authority to submit your Items to Fanatics Collect and to grant Fanatics Collect the right to sell your Items, and you irrevocably grant Fanatics Collect the exclusive right to sell your Items in its online marketplaces.
1.7. By submitting any Item, you represent and warrant that you are not (a) violating any law or regulation, (b) infringing on any rights of third parties, (c) offering the Item as part of a fake transaction, or (d) enabling the purchaser, yourself, or any person to violate any applicable law or regulation.
1.8. Submissions to any Auction Event may not be cancelled or withdrawn and submitted Items will not be returned to you prior to sale, unless otherwise agreed between you and Fanatics Collect, and you will be responsible for return shipping.
1.9. While most transactions are completed, on very rare occasions, a buyer may fail to pay for a purchased Item. If an Item sale is not completed because a buyer fails to pay for the Item within 10 business days, or such other period as Fanatics Collect may specify, Fanatics Collect will relist the unpurchased Item in another Auction Event. Fanatics Collect will not return unpurchased Items to you, unless otherwise agreed between you and Fanatics Collect.
1.10. “SHILL BIDDING” REFERS TO WHEN SOMEONE BIDS ON AN ITEM WITH THE INTENT TO ARTIFICIALLY INCREASE ITS PRICE OR DESIRABILITY. SHILL BIDDING IS STRICTLY PROHIBITED AND WILL NOT BE TOLERATED IN ANY INSTANCE. ALL BIDS AND OFFERS MUST BE MADE IN GOOD FAITH. YOU MAY NOT BID ON OR OTHERWISE PARTICIPATE AS A BUYER FOR YOUR OWN LISTED ITEMS, NOR ENGAGE OR ENCOURAGE ANY THIRD PARTIES (OTHER THAN BUYERS PARTICIPATING IN GOOD FAITH) TO BID ON OR PLACE OFFERS FOR YOUR ITEMS. NOR MAY YOU PARTICIPATE, DIRECTLY OR INDIRECTLY, IN ANY SECONDARY MARKET BY PURCHASING THE TYPES OF ITEMS LISTED IN ORDER TO INCREASE DEMAND OR AFFECT PRICE. IF WE IDENTIFY OR SUSPECT SHILL BIDDING OR OTHER MALICIOUS BIDDING BEHAVIOR, WE RESERVE THE RIGHT TO TAKE ACTION CONSISTENT WITH APPLICABLE LAWS, THESE MARKETPLACE TERMS, OUR TERMS OF USE, AND/OR ANY OTHER POLICY WE MAY HAVE. SUCH ACTIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, REMOVING THE LISTING OR OTHER CONTENT, ISSUING A LIFETIME BAN FROM FANATICS COLLECT AND ANY OTHER PLATFORM THAT MAY BE OPERATED BY FANATICS COLLECT OR ITS AFFILIATES OR SUBSIDIARIES, RESTRICTING ACTIVITY OR ACCOUNT SUSPENSION, FILING REPORTS WITH LAW ENFORCEMENT, AND/OR SEEKING CIVIL PENALTIES AND DAMAGES.
1.11. If you submit Items for sale in an Auction Event before the submission deadline, Fanatics Collect will endeavor to sell the Items in the Auction Event you specify. Fanatics Collect may elect, in its discretion, to list the Items in any other Fanatics Collect Auction Event or remove the Items from an ongoing Auction Event, with the goals of maximizing the sale price and ensuring trust in the sale. Notwithstanding the above, Fanatics Collect is not required to take steps to maximize the sale price of the Items and makes no warranty that such results will be achieved.
1.12. Fanatics Collect does not take custody or responsibility for a submission until it is marked as received in Fanatics Collect’s system. A courier reporting a package as delivered does not act as an official receipt notification.
1.13. Fanatics Collect may, at its discretion, have Items reholdered and/or reviewed by the original grading company that rendered its assessment on that Item.
1.14. You understand and acknowledge that Fanatics Collect cannot accurately predict the ability to sell, selling price, or time of sale for any Item. Any statements made by Fanatics Collect to this effect are estimates only, and you should not rely on such statements when deciding whether to submit your Items for sale. The placement and ranking of Items in search results on Fanatics Collect's website may vary and depends on a variety of factors, such as the specifics of the Item, title and subtitle of the Item, description of the Item, and any search parameters.
1.15. You must respond to any inquiries by Fanatics Collect about your Items within reasonable amount of time, not to exceed 3 business days.
1.16. Fanatics Collect will place all sale proceeds for your Items in your Fanatics Collect on-account. Fanatics Collect will release all or a portion of the proceeds to you in accordance with your instructions on a post-sale basis, subject to the terms of any loan agreement, advance agreement, or other agreement between you and Fanatics Collect or any of its affiliates. Fanatics Collect reserves the right to deduct any amounts due and payable to Fanatics Collect or any of its affiliates before releasing your proceeds. You agree that Fanatics Collect collects fees on each Item sold, which Fanatics Collect may change in its sole discretion from time to time.
1.17. Fanatics Collect retains the right to (a) reject any Items you submit for any reason, (b) revise product data associated with any Item to supplement, remove, or correct information, and (c) remove any Item from sale if it determines or has reason to believe that the offer for sale of the Item may not be in accordance with these Terms, including, but not limited to, your representations and warranties regarding your rights and authority to submit and sell the Item. Items rejected or removed from sale by Fanatics Collect under this paragraph may be returned to you at your cost.
1.18. If Fanatics Collect believes you are abusing any Marketplace Services in any way, Fanatics Collect may, in its sole discretion and without limiting other remedies (a) limit, suspend, or terminate your accounts and access to Marketplace Services, (b) delay or remove listings or other hosted content, (c) reduce or eliminate any discounts or other special status associated with your accounts, (d) remove, not display, or demote listings, and (e) take technical or legal steps to prevent you from using Fanatics Collect.
1.19. By submitting any Items to Fanatics Collect, you grant Fanatics Collect and its employees, contractors, and agents the right to photograph or make video recordings of such Items. As between Fanatics Collect and you, Fanatics Collect will own all right, title, and interest in and to all such photographs or video recordings, including without limitation all copyrights or other intellectual property rights. Fanatics Collect hereby grants you a non-exclusive, worldwide, revocable license to publish and display photographs and video recordings of Items you own solely for personal use (such as promoting Items you have listed for sale on Fanatics Collect), provided that this license will terminate automatically (a) as to photographs or video recordings of an Item if you no longer own such Item; and (b) as to all photographs or video recordings of Items in the event you no longer have an account with Fanatics Collect or have not listed an Item for sale on Fanatics Collect in the prior 3 months.
1.20. An opening bid amount applies to all Items listed for sale in an Auction Event. If any Item does not receive an opening bid, (a) no fees will be due on such Item, and (b) the Item will be forfeited to Fanatics Collect.
1.21. Payments are processed by Stripe, and you agree to abide by their terms, information they collect, and privacy policy, located at https://stripe.com/legal.
2. Buyer Terms. The terms in this Section 2 apply to you when you are buying Items.
2.1. Order acceptance and cancellation. To place an order or bid for any Products or Marketplace Services from the Platform, you will be required to create an Account. All pricing and payment terms for Products (“Terms of Purchase”) are as indicated at point of sale or otherwise on the Platform and/or through any Marketplace Services in connection with such products, and any payment obligations you incur are binding. You may be able to cancel your order in accordance with our then-current Refund and Cancellation Policy or the Terms of Purchase applicable to the Product. In the event of a conflict between the cancellation and refund policies and the applicable Terms of Purchase, the Terms of Purchase shall govern.
2.2. 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 Platform and/or Marketplace Services. Certain additional terms may be updated from time to time, may apply to your purchase of such Products.
2.3. Payment. When you pay with a credit or debit card, you must supply your card details when you place an order, in accordance with the Terms of Purchase. You agree to pay all fees and charges for each accepted order you make through the Platform. You agree that Fanatics Collect may pre-authorize and charge your debit or credit card through our payment service provider’s portal. We reserve the right to verify the identity of the credit or debit cardholder by requesting appropriate documentation. We may seek pre-authorization of your card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. If your card has been pre-authorized in connection with a bid that is not accepted, we will release such pre-authorization once the auction is complete or once you have canceled such bid. Your payment will be charged to your credit or debit card once your order has shipped. If non-payment occurs due to a failed credit card transaction, then we may terminate the applicable order.
We accept Discover Network, Visa, MasterCard, and American Express credit and debit cards through our third-party payment service provider. We use Stripe (“Payment Processor”) as our third-party payment service provider. Your use of the Platform and the payment processing provided by the Payment Processor is subject to the Stripe Connected Account Agreement that includes the Stripe Platform Agreement, as may be modified by the Payment Processor from time to time (collectively, the “Payment Processor Agreement” ). As a condition of using the Payment Processor’s payment processing, you must provide accurate and complete information, and you authorize us to share this information with the Payment Processor and to charge your payment method for all amounts that may become due under these Terms. All bank, credit card, or other payment information is sent directed to and stored with the Payment Processor using its security protocols. Fanatics Collect does not store your payment information on its systems and shall not have any responsibility for the safety or security of that information. Your use of the Payment Processor’s payment processing is conditioned upon your compliance with the Payment Processor Agreement, and if the Payment Processor Agreement is terminated by the Payment Processor, you may not be able to use the Platform, or you may have your use of the Platform suspended or terminated. We may change or add other payment processing services at any time upon notice to you, which may be subject to additional terms or conditions. By purchasing a product on the Platform, you consent and authorize our use of the Payment Processor to process your payment. We disclaim all liability with regard to any fees or problems you have with our Payment Processor.
Want to know more? Please reach out to our customer service at policy@fanatics.live for additional information. Our payment service provider and the credit and debit cards we accept may change without notice.
2.4. Risk of Loss. The risk of loss and title for Products you purchase pass to you upon the delivery of the Products to the carrier. Replacement of Products and credits for shipped products claimed as not received are subject to investigation, which may include notifying the carrier.
2.5. Refund Policy. All requests for refunds are processed in accordance with Fanatics Collect’s then-current Refund and Cancellation Policy, as may be updated from time to time in Fanatics Collect’s sole discretion. Refunds may not be available except in the event Products received are damaged, defective, or not as otherwise described on the Platform due to a fact or circumstance within our reasonable control.
2.6. Disclaimers. Please note that Fanatics Collect reserves the right to decline or cancel orders in our sole discretion, in whole or in part, at any time, including after acceptance, in which case we will return any amounts already paid for any portions of any orders that have been cancelled. Except for any obligations that may be set forth in our then-current Refund and Cancellation Policy, if any, we will have no liability for any such declined or cancelled orders. Fanatics Collect 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.
2.7. Account and Access Termination in Sole Discretion of Fanatics Collect. Fanatics Collect may also prohibit a user from purchasing any Products or otherwise accessing or using the Platform and/or Marketplace Services in Fanatics Collect’s sole discretion, including without limitation in the event of a violation of these Terms. Fanatics Collect reserves the right to cancel any auction or other offer of sale, or to reject or refuse any bid or offer at any time.
3. Additional Marketplace Terms. You agree to the following:
3.1. You must abide by these Terms and any other terms or guidelines posted by Fanatics Collect in connection with bids, offers, or the purchase of Items.
3.2. You must respond to any inquiries by Fanatics Collect about your bid, offer, or purchase in a reasonable amount of time, not to exceed three business days.
3.3. You understand and acknowledge that all purchases are final and that your bids or offers must be honored in the event of a sale. No bid, offer, or purchase may be retracted or cancelled.
3.4. You must not place multiple bids on a single Item from different accounts.
3.5. Payment for purchased Items must be submitted in a timely manner in accordance with the applicable Fanatics Collect terms.
3.6. Contingent on your full and complete payment, purchased Items will be sent to you or the party you designate in a reasonable amount of time after purchase, subject to the terms of any loan agreement or other agreement between you and Fanatics Collect or any of its affiliates. You are responsible for ensuring the delivery address you provide to Fanatics Collect is accurate.
3.7. Packages shipped via FedEx to third-party receiving centers (such as Walgreens, Post Offices, UPS Stores, and others) are not covered by Fanatics Collect's insurance policy. If you designate such an address for shipping, you take full responsibility for any loss or damage.
3.8. Returns are not accepted.
3.9. The color, texture, and detail of Items viewed on Fanatics Collect's websites depend in part on the viewer's computer system. Fanatics Collect cannot guarantee that the websites will accurately depict the color, texture, or detail of Items themselves.
3.10. Fanatics Collect does not endorse and has not verified the accuracy or reliability of any opinion or statement made by any third party, including but not limited to customers, manufacturers, distributors, authenticators, or suppliers of products sold through Fanatics Collect.
3.11. You agree that you will conduct your own independent investigation into an Item's character, quantity, features, condition, authenticity, history, potential value, and other attributes, and are not relying on any statement made by Fanatics Collect, any employee or representative of Fanatics Collect, or any other person or entity in deciding to bid or purchase an Item.
3.12. Fanatics Collect will not knowingly engage in financial transactions that involve proceeds from unlawful activity or that support terrorist activities (commonly referred to as “money laundering” or “terrorist financing” respectively), or involve individuals, entities and restricted countries designated by the U.S. Department of the Treasury Office of Foreign Assets Control (“OFAC”) or similar sanctions regulations in other countries where Fanatics Collect does business. Fanatics Collect may, in its sole discretion, reject or refuse any bid or offer that Fanatics Collect suspects may violate the preceding sentence. Fanatics Collect will file government reports, including those concerning suspicious activities, as required by applicable law.
4. Additional Terms Regarding Auction Events.
4.1. Auction Events.
4.1.1. Fanatics Collect is, among other things, an online-only venue and does not conduct or facilitate in-person live auctions. During any Auction Event, auction items are solely bid upon through the internet unless otherwise expressly stated by Fanatics.
4.1.2. You must be registered with Fanatics Collect to participate in any Auction Event as either a buyer or seller, and Fanatics Collect reserves the right to reject your participation in an Auction Event for any reason and cancel your registration. Approval to participate in one Auction Event does not guarantee approval to participate in any other Auction Event.
4.1.3. Fanatics Collect’s online platform will make a final determination with respect to the bidding on Items and the sale of any Item, and such final determinations may not be challenged or appealed.
4.1.4. Auction Event dates and times, as well as the number, character, and order and schedule of the Items to be auctioned are set by Fanatics Collect and are subject to change without notice. Individual lots and Items may be modified or changed at any time. You acknowledge and agree that Fanatics Collect does not ensure or guarantee that a buyer or seller will complete a transaction.
4.1.5. Fanatics Collect reserves the right to defer the sale of any Item to a future Auction Event, or decline to sell any Item, in Fanatics Collect's sole discretion.
4.1.6. Buyers and sellers are prohibited from offering to buy/sell outside of the Fanatics Collect. This prohibition includes the following:
4.1.7. Engaging in any action with a user on the site designed to complete or facilitate a transaction outside of the Fanatics Collect;
4.1.8. Sharing or requesting direct contact information prior to completing a sale;
4.1.9. In any communications with another user, referring to or promoting external websites that facilitate sales outside of the Fanatics Collect;
4.1.10. Using contact information obtained through a Fanatics Collect transaction to offer to buy or sell an item outside of the Fanatics Collect;
4.1.11. Listing an item and then mentioning or linking it to additional identical or related items for sale outside of the Fanatics Collect;
4.1.12. Offering catalogs or other items that are used to order items directly outside of the Fanatics Collect; or
4.1.13. Hosting item descriptions or images outside of the Fanatics Collect.
4.2. Fanatics Collect On-Account.
4.2.1. All funds held in your Fanatics Collect on-account are custodial assets held by a financial institution and managed by Fanatics Collect for your benefit. Title to funds shall remain with you and does not transfer to the financial institution holding your Fanatics Collect on-account. As the owner of the funds in your Fanatics Collect on-account, you bear all risk of loss of such funds. However, a court may disagree with Fanatics Collect's treatment of your funds and subject them to claims of Fanatics Collect's creditors. Except as required by a facially valid court order, or except as provided herein (including the following paragraph), Fanatics Collect will not sell, transfer, loan, hypothecate, or otherwise alienate funds in your Fanatics Collect on-account unless instructed by you, or as otherwise authorized by these Terms or under any contractual setoff rights or any other rights described in any agreement between you, Fanatics Collect, and any of its affiliates.
4.2.2. Fanatics Collect reserves the right to require payment in full of all amounts owed to Fanatics Collect or any of its affiliates. You hereby agree that Fanatics Collect may, in its sole discretion and without prior notice to you, debit your Fanatics Collect on-account for any amounts past due to Fanatics Collect or any of its affiliates. You will not withhold payments due and payable, including applicable fees, by reason of any set-off of any claim or dispute with Fanatics Collect or any of its affiliates however and wherever documented. You hereby waive any right of setoff or counterclaim, deduction, or retention which you might otherwise have in respect of any claim against or out of any payments which you may be obligated to make to Fanatics Collect under these Terms or otherwise.
4.3. Cancellations and Changes. In the event an Item is listed at an incorrect price due to typographical error or an error in pricing, availability, or other information, Fanatics Collect retains the right to cancel the applicable auction (and corresponding purchase) of any such Item, whether the purchase has been confirmed, a winning bidder has been identified, or such winning bidder's credit card or other payment method has been charged. If the winning bidder's credit card or other payment method has already been charged for a purchase and the auction or such purchase is cancelled, Fanatics Collect will refund any such charges to the original payment method within a commercially reasonable period after cancellation. In the event Fanatics Collect exercises its right to cancel an auction (and corresponding purchase) of an Item listed at an incorrect price due to typographical error or an error in pricing, availability, or other information, Fanatics Collect will endeavor to relist such Item in another Auction Event. In addition, Fanatics Collect may make changes to information about price, availability, or other Item attributes without notice. Fanatics Collect reserves the right, without prior notice, to refuse service to any customer or to cancel any purchase, including after it is submitted. Auction Event closing times are approximate, and Fanatics Collect reserves the right to close any Auction Event early or later than the scheduled time or to cancel any Auction Event in its entirety for any reason. Fanatics Collect may also require additional verifications or other information prior to the acceptance or shipment of any Item. Receipt of a purchase confirmation or acknowledgement of a winning bid from Fanatics Collect does not constitute acceptance of such purchase by Fanatics Collect, nor does it constitute confirmation of Fanatics Collect's offer to sell.
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VAULT TERMS AND CONDITIONS
Last Updated: July 16, 2024
Welcome to the Fanatics Collect Vault!
Please read these Vault Terms and Conditions and our other Terms of Use carefully.
These Vault Terms and Conditions (“Vault Terms”) contain the binding terms and conditions between you and Fanatics Collect (“Fanatics Collect”) and govern your access to and use of the Vault Services (as defined below). Any attempt or use of the Vault Services are subject to your agreement to these Vault Terms and our Terms of Use.
PLEASE NOTE THAT TERMS OF USE INCLUDE A MANDATORY ARBITRATION PROVISION WHICH REQUIRES THAT ANY PAST, PENDING, OR FUTURE DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, BASED SOLELY ON YOUR OR OUR OWN ALLEGED LOSSES AND NOT ON A CLASS-WIDE, COLLECTIVE, REPRESENTATIVE, QUI TAM, PRIVATE ATTORNEY GENERAL OR CONSOLIDATED BASIS. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION ON A RETROACTIVE BASIS AND AS TO ANY FUTURE CLAIMS AND YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION IN CONNECTION WITH YOUR USE OF THE VAULT SERVICES, YOU MAY OPT OUT OF THE ARBITRATION PROVISION BY VISITING THE TERMS OF USE AND FOLLOWING THE INSTRUCTIONS DESCRIBED THEREIN.
1. Value Services. As used in these Vault Terms, “Vault Services” are the services, functions, and features offered from time to time by Fanatics Collect, such as:
• Storing assets identified in each Vault Submission Form (defined below) in Fanatics Collect's storage facility (the “Vault”), which assets, once accepted by Fanatics Collect for storage, are referred to in these Vault Terms as “Archived Items.”
• Receiving and handling the Archived Items.
• Providing a market value determination, eye-appeal designation, and archival services.
• Maintaining the Vault Insurance (defined below) in the amount described in these Vault Terms for as long as any of the Archived Items are stored in the Vault.
• Coordinating the shipping of the Archived Items from the Vault to you or your third- party designee as described in these Vault Terms.
2. Tender of Assets for Storage.
2.1. Fanatics Collect will provide you with a secure login for Fanatics Collect’s website (the “Vault Site”), through which you may manage and access information about your Vault account. All requests for Services or changes to account settings must be submitted through your secure login. You are responsible for keeping this login confidential and are responsible for any activities occurring in your account through your secure login. Fanatics Collect has no obligation to verify the identity of individuals requesting Services through your secure login, and will honor all such requests for Services, subject to these Vault Terms.
2.2. Prior to tendering any assets for storage in the Vault, you must complete a Submission Form through your account on the Vault Site (a “Vault Submission Form”). Each Vault Submission Form will include a description of the assets to be deposited and other information that Fanatics Collect may reasonably require. You may submit as many Vault Submission Forms as you see fit.
2.3. You represent and warrant that you are the owner or have lawful possession of the assets identified in any Vault Submission Form free and clear of liens and encumbrances, and that you have all right and authority to store such assets with Fanatics Collect, grant the lien and security interest for the full value of such assets, and direct the release of such assets. You will provide Fanatics Collect with all supplemental information that Fanatics Collect reasonably requests. Such information must be accurate, complete, and sufficient to allow Fanatics Collect or its designee to determine accurately the Market Value (defined below) of the assets identified in the Vault Submission Form and to provide the Services.
2.4. You are responsible for delivering all assets identified in a Vault Submission Form, properly marked, and packaged for handling and storage, to Fanatics Collect at the address provided by Fanatics Collect following submission of the Vault Submission Form. Subject to Fanatics Collect's then-current policies and practices, Fanatics Collect may offer to furnish one or more shipping labels and/or packages for the assets described in the Vault Submission Form and procure shipping insurance for such assets in an amount designated by you at your expense.
2.5. Fanatics Collect does not take custody or responsibility for a submission or any asset until it is marked as received in Fanatics Collect's online system. A courier reporting a package as delivered does not act as an official acknowledgement of receipt by Fanatics Collect.
2.6. Fanatics Collect will handle, store, and deliver the Archived Items in the protective coverings in which the Archived Items are received by Fanatics Collect, if any. When deterioration or absence of a protective covering so requires, Fanatics Collect may, at its discretion and without obligation or further liability, repackage the contents in a new protective covering and charge you for labor and materials.
2.7. Fanatics Collect may refuse to accept any assets tendered for storage if the assets do not conform to the description contained in the corresponding Vault Submission Form or the requirements for storage listed on the Vault Site, or if the Fanatics Collect otherwise deems the assets inappropriate for the Services as determined in Fanatics Collect's sole discretion. You agree that you will not ship any asset not identified in a Vault Submission Form to Fanatics Collect. Without limiting any other right of Fanatics Collect to refuse to accept any assets tendered for storage, in no event will Fanatics Collect be responsible for the handling, storage, or delivery of any asset shipped to the Fanatics Collect that has not been included in a Vault Submission Form, nor will Fanatics Collect be liable for any loss to or damage of any such asset. Fanatics Collect may, at its option, arrange for the return of non-conforming or inappropriate assets, or require that you arrange for the return of such assets. In the event Fanatics Collect chooses to arrange for the return of such assets, you will reimburse Fanatics Collect for any shipping expenses and any other costs, expenses, or charges incurred by Fanatics Collect should Fanatics Collect choose to return non-conforming or inappropriate assets. In addition, you will pay a handling fee, the amount of which will be determined by Fanatics Collect in its sole discretion, for each non-conforming or inappropriate asset tendered for storage.
2.8. You acknowledge that to the extent any asset included in a Vault Submission Form requires specialized handling (as determined in Fanatics Collect's reasonable discretion), Fanatics Collect may decline to store such asset. If Fanatics Collect accepts any such asset for storage, you agree to the rates and charges determined and invoiced by Fanatics Collect for receiving and handling such asset. If Fanatics Collect declines to store any such asset, you shall reimburse Fanatics Collect for any shipping expenses incurred by Fanatics Collect to return such asset.
2.9. You agree that you will not use Fanatics Collect's address as a mailing address for any notices, requests, bills, or other correspondence addressed to you. Fanatics Collect is not responsible for the receipt or forwarding of any notice, request, bill, or other correspondence sent by a third party to you at Fanatics Collect's address.
3. Market Value Determination.
3.1. Upon receipt and acceptance of any Archived Items and prior to invoicing you for Services relating to such Archived Items, Fanatics Collect will determine the market value of each Archived Item based on recent sale prices of that Archived Item using Fanatics Collect's proprietary algorithm (the “Market Value”). Fanatics Collect will reassess the Market Value of each Archived Item in the Vault as Fanatics Collect deems necessary or appropriate.
3.2. If the Market Value of any Archived Item is less than the amount you paid for the Archived Item (your “Purchase Price”), you may elect to revise the value of the Archived Item as listed in Fanatics Collect's records to be equal to your Purchase Price, provided your Purchase Price is reasonable in Fanatics Collect's judgment. To make this election, you must submit a request through the Vault Site identifying the Archived Items to which your election applies and your Purchase Price for such Archived Items.
3.3. If an Archived Item has been appraised by a third-party accredited appraiser, you may elect to revise the value of the Archived Item as listed in Fanatics Collect's records to be equal to the appraised value of the Archived Item (the “Appraisal Value”) by submitting a request through the Vault Site. From time to time, Fanatics Collect's staff may also appraise certain Archived Items, and Fanatics Collect's appraisal will be included as the Appraisal Value in Fanatics Collect's records.
3.4. You acknowledge that submitting your Purchase Price or a third-party appraisal to Fanatics Collect's records could increase both the insurance coverage provided by Fanatics Collect for the applicable Archived Items as well as the fees assessed by Fanatics Collect for such Archived Items. In the event of any insurance or other claim based on or relating to your Purchase Price or the Appraisal Value, you may be required to verify your Purchase Price or the Appraisal Value by furnishing receipts, third-party appraisal records, or other evidence confirming your Purchase Price or the Appraisal Value.
4. Eye-Appeal. Fanatics Collect will evaluate certain categories of Archived Items using the custom “Eye-Appeal Scale” developed by Marketplace, and, if merited, provide a designation to the Archived Item under Marketplace's standard practice, as conveyed on Marketplace's website. Archived Items currently eligible for the Eye-Appeal Scale include collectible sports trading cards produced before 1987 with a Market Value, Purchase Price, or Appraised Value above $250.
5. Archival Services. Fanatics Collect provides the following archival services:
5.1. Creating a digital archive of each Archived Item comprising high-resolution digital photographs and a list of the Archived Item's relevant specifications, including the most recently assessed Market Value of the Archived Item, the quality grades applied to the Archived Item by professional grading companies and the appropriate eye-appeal designation determined by Fanatics Collect, if applicable (each, an “Archival Record”);
5.2. Maintaining the Archival Record for each Archived Item while the Archived Item is stored in the Vault; and
5.3. Providing you with access to the Archival Records through your account on the Vault Site for all Archived Items stored in the Vault by you at any time (collectively, “your Portfolio”) and enable sharing of Archival Records with third parties, at your discretion.
6. Insurance.
6.1. Fanatics Collect will maintain and carry, at its own expense, insurance in full force and effect covering the Archived Items then stored in the Vault against theft, fire, or other casualty in a sum no less than the aggregate of the greater of the Market Value, Purchase Price, or Appraisal Value of such Archived Items as reflected in your Portfolio (collectively, the “Insured Value”), in all cases subject to aggregate policy limits that are commercially reasonable and attainable in the insurance marketplace, and subject to industry standard terms, conditions, and exclusions (the “Vault Insurance”). Vault Insurance coverage will commence for an Archived Item once the Archived Item has been received and its Market Value has been determined under these Vault Terms. Fanatics Collect will provide you with a certificate of insurance at your request. In the event of an insured loss, Fanatics Collect's liability will be limited to the amount of the insurance proceeds.
6.2. Fanatics Collect will obtain customary insurance when shipping any Archived Items under a Release Order under these Vault Terms, provided that such insurance need only cover the Insured Value of the Archived Items being shipped and will remain in place only until such Archived Items are confirmed to have been received by signature. Insurance obtained under this paragraph will be billed to you as set forth in these Vault Terms.
7. Funds; Payment.
7.1. All funds held in your Vault on-account are custodial assets held by a financial institution and managed by Fanatics Collect for your benefit. Title to funds shall remain with you and does not transfer to the financial institution holding your Vault on-account. As the owner of the funds in your Vault on-account, you bear all risk of loss of such funds. However, a court may disagree with Fanatics Collect's treatment of your funds and subject them to claims of Fanatics Collect's creditors. Except as required by a facially valid court order, or except as provided herein (including the following paragraph), Fanatics Collect will not sell, transfer, loan, hypothecate, or otherwise alienate funds in your Vault on-account unless instructed by you, or as otherwise authorized by these Vault Terms or under any contractual setoff rights or any other rights described in any agreement between you, Fanatics Collect, and any of its affiliates.
7.2. Fanatics Collect charges an archival fee for each Archived Item received. Any expenses incurred by Fanatics Collect for shipping, handling, packaging, repackaging, labeling, tracking, insuring in transit, or otherwise facilitating the receipt, delivery or return of the Archived Items will be billed to you. Payment and invoicing for the Services will be as set forth on the Vault Site. The charges for Services may be changed or waived by Fanatics Collect in its sole discretion from time to time. You will not be entitled to a refund for any portion of the Fees due to removal of the Archived Items from the Vault or termination of your account prior to the end of the period covered by the applicable Fees.
7.3. Fanatics Collect reserves the right to require payment in full of all amounts owed to Fanatics Collect or any of its affiliates at any time, including before the release of Archived Items. You agree that Fanatics Collect may, in its sole discretion and without prior notice to you, debit your Vault on-account for any amounts past due to Fanatics Collect or any of its affiliates. You will not withhold payments due and payable, including applicable fees, by reason of any set-off of any claim or dispute with Fanatics Collect or any of its affiliates however and wherever documented. You hereby waive any right of setoff or counterclaim, deduction, or retention which you might otherwise have in respect of any claim against or out of any payments which you may be obligated to make to Fanatics Collect under these Vault Terms or otherwise.
8. Release of Archived Items.
8.1. You will provide Fanatics Collect written instructions through your account on the Vault Site (each, a “Release Order”) if you desire to order any Archived Items released from the Vault to the custody of you or any third party designated by you. Each Release Order will indicate the party to whom the Archived Items will be released or transferred. Subject to (a) Fanatics Collect's receipt of a Release Order, (b) payment by you of all outstanding Fees, and (c) the terms of any loan agreement or other agreement between you and Fanatics Collect or its affiliates, Fanatics Collect will release and remit the requested Archived Items to you or your designee under the Release Order.
8.2. If you list an Archived Item for sale through Marketplace, you agree that Fanatics Collect is authorized to release or transfer the applicable Archived Item to the purchaser of such Archived Item, and no Release Order will be required.
8.3. Fanatics Collect (a) will facilitate all shipping, handling, and insurance for the released Archived Items with carriers or other third parties of Fanatics Collect's choosing and (b) reserves the right to inspect all Archived Items to be shipped and perform additional wrapping or packing if Fanatics Collect deems necessary. Fanatics Collect is not bound to transport the released Archived Items by any particular means, schedule, vehicle or otherwise, but will transport the released Archived Items with reasonable dispatch and will require a signature from the recipient to confirm delivery.
8.4. Risk of loss and title for any Archived Item fulfilled or shipped through Fanatics Collect passes to the recipient upon proof of delivery to the recipient's fulfillment address. You are solely responsible for the accuracy of the fulfillment address included in any Release Order. Fanatics Collect is responsible for filing any claims with carriers if Archived Item is lost or damaged in transit. You are responsible for filing any claims with carriers for damaged or lost shipments at any point following proof of delivery to the fulfillment address included in a Release Order. The purchaser of an Archived Item through Marketplace is responsible for filing any claims with carriers for damaged or lost shipments at any point following proof of delivery to the fulfillment address provided to Marketplace at the time of purchase.
8.5. Packages located at third-party receiving centers (such as Walgreens, Post Office Boxes, UPS Stores, Postal Annex, and others) are not covered by Fanatics Collect's insurance policy. You (or the purchaser of the Archived Item, as applicable) take full responsibility upon proof of delivery to such center.
9. Temporary Loan of Archived Items to Third Parties. From time to time, you may request, or may agree to Fanatics Collect's request, to temporarily loan certain Archived Items to third parties, such as museums or rating agencies (each, an “Item Loan Recipient”). You and Fanatics Collect will enter into a separate agreement setting forth the Item Loan Recipient, purpose, time, and Archived Items for each temporary loan. Insurance coverage for the Archived Items on temporary loan will be provided as agreed between Fanatics Collect and the Item Loan Recipient but will in no case be for less than the Insured Value. You acknowledge that Archived Items on loan are not available for release under these Vault Terms, and may not be listed for sale through Marketplace.
10. Security Interest. You hereby grant to Fanatics Collect a lien on, and a security interest in, all your right, title, and interest in and to the Archived Items in your Portfolio and upon the proceeds from their sale to secure your performance of your obligations to Fanatics Marketplace under these Vault Terms or otherwise, including payment of all fees. You consent to Fanatics Collect executing and filing any appropriate UCC financing statements or other documents or instruments, and otherwise doing whatever may be necessary under applicable law, to perfect and continue Fanatics Collect's security interest in the Archived Items. Fanatics Collect may enforce its security interest in the Archived Items at any time with respect to any fees that are more than 30 days delinquent, including by selling all or any part of the Archived Items under applicable law. In any such sale, the surplus after Fanatics Collect recoups all amounts due, if any, will be transmitted to you. If the proceeds of the sale are insufficient to satisfy your obligations, you will be liable for any deficiency. You will be responsible to notify any third party having or claiming any interest in the Archived Items of the lien and security interest of Fanatics Collect.
11. Taxes.
11.1. All charges are exclusive of all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any governmental authority on any amounts payable by you. You are solely responsible for all such charges, costs, and taxes, other than taxes imposed on, or with respect to, Fanatics Collect's income, revenues, gross receipts, personnel, or real or personal property.
11.2. You are solely responsible for any taxes or penalties that may be due on any items rejected by Fanatics Collect.
11.3. To the extent that you accept delivery of a purchased Archived Item and maintain it in your Portfolio in Fanatics Collect's facility in Oregon, this will be considered an Oregon destination sale and no Oregon sales or use tax will be due. However, to the extent that you request that an Archived Item be delivered to a location out of Oregon after first being delivered to our Oregon facility, state or local sales or use tax may be applicable. You are solely responsible for any applicable state and local sales or use tax.
11.4. Fanatics Collect and its affiliates do not provide tax, legal, or accounting advice. Your participation in the Vault or storage in the Vault as buyer, seller, or any other participation is not intended to provide, and should not be relied on for, tax, legal, or accounting advice. You should consult your own tax, legal, and accounting advisors before engaging in any transaction.
12. Government Requirements. It is your responsibility to know and comply with the requirements, laws, and regulations of federal, state, local, and foreign agencies pertaining in any way to the Archived Items, including, but not limited to, regulations, laws, and requirements pertaining to marking, classification, licensing, export controls, and other transporting, importing, or exporting requirements. Fanatics Collect will not be responsible for action taken or fines or penalties assessed by any governmental agency because of your failure to comply with the law, regulations, or requirements of any governmental agency or with a notification issued to you by any such agency.
13. Termination.
13.1. In addition to any remedies that may be provided under these Vault Terms, Fanatics Collect may terminate your Vault account with immediate effect upon written notice to you, if: (a) you fail to pay any amount when due under these Vault Terms and such failure continues for 15 days after the applicable due date; (b) you have not otherwise performed or complied with its obligations under these Vault Terms, in whole or in part; or (c) you become insolvent, file a petition for bankruptcy or commence or have commenced against you proceedings relating to bankruptcy, receivership, reorganization, or assignment for the benefit of creditors.
13.2. If your Vault account is terminated for any reason, Fanatics Collect will provide you with a Shipping Expense quote for returning the Archived Items to you and you shall immediately pay Fanatics Collect for all Fees and such quoted amount. After receiving payment, subject to any other agreements between you and Fanatics Collect or its affiliates with respect to the Archived Items, Fanatics Collect will return the Archived Items to you. If you fail to make payment, Fanatics Collect may avail itself of the remedies outlined in these Vault Terms, or if Fanatics Collect is unable, after a reasonable effort, to sell the Archived Items pursuant to these Vault Terms, it may dispose of them without liability in any lawful manner or exercise any other remedy available under applicable law.