FanBasis Inc. Terms of Service
Last Updated 03/15/2024
Terms of Service
Thank you for your interest in FanBasis, Inc.
(“FanBasis,” “we,” or
“us”) and our website at
www.fanbasis.com, along with our related websites, hosted applications,
mobile or other downloadable applications, and other
services provided by us (collectively, the
“Service”). These Terms of Service are a
legally binding contract between you and FanBasis regarding
your use of the Service.
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING,
OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A
CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND
BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING FANBASIS’S
PRIVACY POLICY
AND OTHER POLICIES REFERENCED BELOW (TOGETHER, THESE
“TERMS”).
IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS,
THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE
SERVICE.
YOUR USE OF THE SERVICE, AND FANBASIS’S PROVISION OF THE
SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY FANBASIS AND BY
YOU TO BE BOUND BY THESE TERMS.
ARBITRATION NOTICE AND CLASS ACTION WAIVER.
EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE
ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES
BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL
ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A
CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. FanBasis Service Overview
FanBasis operates the Service as a marketplace for digital
goods and services (the “Products”) where
certain users (“Buyers”) can purchase the
Products sold by other participants
(“Sellers”). As represented throughout
these Terms of Service, all (Products available on the
Service are exclusively provided by the applicable Seller
for each specified Product. As such, each Settler bears full
responsibility for the Products they offer, including but
not limited to the quality, legality, safety, and delivery
of those Products. FanBasis operates solely as the
facilitator of the marketplace, providing a platform where
Sellers and Buyers can connect and transact. Consequently,
FanBasis does not assume any liability or responsibility for
the Products that are sold through the Service. This means
that FanBasis does not endorse, verify, or guarantee the
Products offered by Sellers in any manner.
2. Eligibility
Sellers wishing to register with the Services must meet
specific age and legal eligibility requirements to ensure
compliance and responsible participation within the
marketplace. By completing the registration process, you
affirm and warrant that: : (A) you are at least 16 years old
(and, if between 16 and 18 years old, are registering with
the supervision and with the consent of your parent or legal
guardian, who also agrees to these Terms); (B) you are of
legal age to form a binding contract; (C) you are (and if
you are between 16 and 18 years old, your parent or legal
guardian is) not barred from using the Services under the
laws of the United States, your place of residence (and if
you are between 16 and 18 years old, the place of residence
of your parent or legal guardian), or any other applicable
jurisdiction; and (D) you are (and if you are between 16 and
18 years old, your parent or legal guardian is) responsible
for complying with all applicable laws and regulations
relating to Seller’s participation on the Services and will
fully indemnify, defend, and hold harmless FanBasis for any
failure to do so.
3. Accounts and Registration
You may be required to sign up for an account, select a
password and username (“FanBasis User ID”),
and provide us with certain information or data, such as
your contact information, and/or to link certain outside
accounts, email addresses, phone numbers, other platforms,
or a digital wallet (collectively, “Linked Accounts”). You agree that the information you provide to us is
accurate, complete, and not misleading, and that you will
keep it accurate and up to date at all times. You further
agree that all Linked Accounts are your own and you have all
necessary rights to link them to the Service, and you hereby
authorize us to maintain the Linked Account as part of your
account with us.
You may not select as your FanBasis User ID a name that you
do not have the right to use, or another person’s name with
the intent to impersonate that person. You may not transfer
your account to anyone else without our prior written
permission. When you register, you will be asked to create a
password. You are solely responsible for maintaining the
confidentiality of your account and password, and you accept
responsibility for all activities that occur under your
account. If you believe that your account is no longer
secure, then you should immediately notify us at
team@fanbasis.com. Fanbasis reserves the right to suspend or terminate
access to the platform for any user who is found to violate
these Terms, or if there is reasonable suspicion of such a
violation.
Additionally, you may be able to access certain parts or
features of the Services by using your account credentials
from other services (each, a “Third Party Account”), such as those offered by Google and Apple. By using the
Services through a Third Party Account, you permit us to
access certain information from such account for use by the
Services. You are ultimately in control of how much
information is accessible to us and may exercise such
control by adjusting your privacy settings on your Third
Party Account.
You represent and warrant that you are an individual of
legal age to form a binding contract (or if not, you’ve
received your parent’s or guardian’s permission to use the
Services and have gotten your parent or guardian to agree to
these Terms on your behalf). You will only use the Services
and Products you obtain for your own internal, personal use,
and not on behalf of or for the benefit of any third party.
Legal Compliance and Responsibility
As a user of the platform, you are required to adhere to all
applicable laws and regulations and regulations that govern
your use of our Services and any actions or omissions
related to it. This encompassess, but is not limited to,
those laws directly impacting the provision of services or
products you offer through the Fanbasis Platform (i.e.,
consumer protection laws, intellectual property laws,
e-commerce regulations, and any other statutes relevant to
the Services).
If your use of the FanBasis Services, including the offering
or procurement of Products, is prohibited by any applicable
laws within your jurisdiction or any jurisdiction that the
Services may reach, you are expressly restricted from
utilizing the FanBasis Services. It is your responsibility
to be aware of and understand the laws that apply to your
use of the Services and to adhere strictly to those laws.
You assume full responsibility and liability for any
violations of laws resulting from your use of the FanBasis
Services or from any actions or omissions related to your
Seller Services.
You agree to indemnify, defend, and hold harmless FanBasis,
its affiliates, officers, directors, employees, consultants,
agents, and representatives from any and all third-party
claims, losses, liability, damages, and/or costs (including
reasonable attorney fees and costs) arising from your access
to or use of the Services, violation of this Legal
Compliance and Responsibility Section, infringement, or
infringement by any other user of your account, of any
intellectual property or other rights of anyone.
4. General Payment Terms
Certain features of the Service, including the purchase or
sale of certain Products, may require you to pay fees.
Before you pay any fees, you will have an opportunity to
review and accept the fees that you will be charged. All
fees are denominated in the stated currency or other means
of payment and are non-refundable unless otherwise
specifically provided for in these Terms.
5. Licenses
In order to display your User Submissions on the Services,
and to allow other users to enjoy them (where applicable),
you grant us certain rights in those User Submissions (see
below for more information). Please note that all of the
following licenses are subject to our
Privacy Policy
to the extent they relate to User Submissions that are also
your personally-identifiable information.
By submitting User Submissions through the Services, you
hereby do and shall grant FanBasis a worldwide,
non-exclusive, perpetual, royalty-free, fully paid,
sublicensable and transferable license to use, edit, modify,
truncate, aggregate, reproduce, distribute, prepare
derivative works of, display, perform, and otherwise fully
exploit the User Submissions in connection with this site,
the Services and our (and our successors’ and assigns’)
businesses, including without limitation for promoting and
redistributing part or all of this site or the Services (and
derivative works thereof) in any media formats and through
any media channels (including, without limitation, third
party websites and feeds), and including after your
termination of your account or the Services. You also hereby
do and shall grant each user of this site and/or the
Services a non-exclusive, perpetual license to access your
User Submissions through this site and/or the Services, and
to use, edit, modify, reproduce, distribute, prepare
derivative works of, display and perform such User
Submissions, including after your termination of your
account or the Services. For clarity, the foregoing license
grants to us and our users do not affect your other
ownership or license rights in your User Submissions,
including the right to grant additional licenses to your
User Submissions, unless otherwise agreed in writing. You
represent and warrant that you have all rights to grant such
licenses to us without infringement or violation of any
third party rights, including without limitation, any
privacy rights, publicity rights, copyrights, trademarks,
contract rights, or any other intellectual property or
proprietary rights.
Certain features of the Services allow you to share
information with others, including through your social
networks or other Third Party Accounts. When Content is
authorized for sharing, we will clearly identify the Content
you are authorized to redistribute and the ways you may
redistribute it, usually by providing a “share” button on or
near the Content. If you share information from the Services
with others through your Third Party Accounts, such as your
social networks, you authorize FanBasis to share that
information with the applicable Third Party Account
provider. Please review the policies of any Third Party
Account providers you share information with or through for
additional information about how they may use your
information. If you redistribute Content, you must be able
to edit or delete any Content you redistribute, and you must
edit or delete it promptly upon our request.
Finally, you understand and agree that FanBasis, in
performing the required technical steps to provide the
Services to our users (including you), may need to make
changes to your User Submissions to conform and adapt those
User Submissions to the technical requirements of connection
networks, devices, services, or media, and the foregoing
licenses include the rights to do so
6. Ownership; Proprietary Rights
The Service is owned and operated by FanBasis. The visual
interfaces, graphics, design, compilation, information,
data, computer code (including source code or object code),
software, services, and all other elements of the Service,
but excluding any Products, provided by FanBasis
(“Materials”) are protected by intellectual
property and other laws. All Materials included in the
Service are the property of FanBasis or its third-party
licensors. Except as expressly authorized by FanBasis, you
may not make use of the Materials. There are no implied
licenses in these Terms and FanBasis reserves all rights to
the Materials not granted expressly in these Terms.
7. Third-Party Terms
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Third-Party Services and Linked Websites.
FanBasis may provide tools through the Service that
enable you to export information, including User
Content, to third-party services, including through
features that allow you to link your account on the
Service with an account on the third-party service, such
as Twitter or Facebook, or through our implementation of
third-party buttons (such as “like” or “share” buttons).
By using one of these tools, you hereby authorize
FanBasis to transfer that information to the applicable
third-party service. Third-party services are not under
FanBasis’s control, and, to the fullest extent permitted
by law, FanBasis is not responsible for any third-party
service’s use of your exported information. The Service
may also contain links to third-party websites. Linked
websites are not under FanBasis’s control, and FanBasis
is not responsible for their content. Further, FanBasis
will not provide exports of third-party data (i.e.
Stripe Express accounts) because the option to link to
owned data that is readily accessible is already
available. Please be sure to review the terms of use and
privacy policy of any third-party services before you
share any User Content or information with such
third-party services. Once sharing occurs, FanBasis will
have no control over the information that has been
shared.
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Third-Party Software. The Service may
include or incorporate third-party software components
that are generally available free of charge under
licenses granting recipients broad rights to copy,
modify, and distribute those components (“Third-Party
Components”). Although the Service is provided to you
subject to these Terms, nothing in these Terms prevents,
restricts, or is intended to prevent or restrict you
from obtaining Third-Party Components under the
applicable third-party licenses or to limit your use of
Third-Party Components under those third-party licenses.
8. User Content
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User Content Generally. Certain
features of the Service may permit users to submit,
upload, publish, broadcast, or otherwise transmit
(“Post”) content to the Service,
including Product images, descriptions, reviews, and any
other works of authorship or other works (“User Content”). You retain any copyright and other proprietary
rights that you may hold in the User Content that you
Post to the Service, subject to the licenses granted in
these Terms.
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You Must Have Rights to the Content You Post;
User Content Representations and
Warranties.
The materials displayed or performed or available on
or through the Services, including, but not limited
to, text, graphics, data, articles, photos, images,
illustrations, User Submissions (as defined below)
and so forth (all of the foregoing, the “Content”)
are protected by copyright and/or other intellectual
property laws. You promise to abide by all copyright
notices, trademark rules, information, and
restrictions contained in any Content you access
through the Services, and you won’t use, copy,
reproduce, modify, translate, publish, broadcast,
transmit, distribute, perform, upload, display,
license, sell, commercialize or otherwise exploit
for any purpose any Content not owned by you, (i)
without the prior consent of the owner of that
Content or (ii) in a way that violates someone
else’s (including FanBasis') rights. Subject to
these Terms, we grant each user of the Services a
worldwide, non-exclusive, non-sublicensable and
non-transferable license to use (i.e., to download
and display locally) Content solely for purposes of
using the Services. Use, reproduction, modification,
distribution or storage of any Content for any
purpose other than using the Services is expressly
prohibited without prior written permission from us.
You understand that FanBasis owns the Services. You
won’t modify, publish, transmit, participate in the
transfer or sale of, reproduce (except as expressly
provided in this Section), create derivative works
based on, or otherwise exploit any of the Services.
The Services may allow you to copy or download
certain Content, but please remember that even where
these functionalities exist, all the restrictions in
this section still apply. You must not Post User
Content if you are not the owner of or are not fully
authorized to grant rights in all of the elements of
that User Content. FanBasis disclaims any and all
liability in connection with User Content. You are
solely responsible for your User Content and the
consequences of providing User Content via the
Service. By providing User Content via the Service,
you affirm, represent, and warrant to us that:
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you are the sole author, creator, and owner of
the User Content and intellectual property and
proprietary rights thereto, or have the
necessary licenses, rights, consents, and
permissions to authorize FanBasis and users of
the Service to use and distribute your User
Content as necessary to exercise the licenses
granted by you in this Section, in the manner
contemplated by FanBasis, the Service, and these
Terms;
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your User Content is honest, truthful, and
accurate to the best of your knowledge;
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your User Content, and the Posting or other use
of your User Content as contemplated by these
Terms, does not and will not: (i) infringe,
violate, misappropriate, or otherwise breach any
third-party right, including any copyright,
trademark, patent, trade secret, moral right,
privacy right, right of publicity, or any other
intellectual property, contract, or proprietary
right; (ii) slander, defame, libel, or invade
the right of privacy, publicity or other
property rights of any other person; (iii)
violate any confidentiality, non-disclosure, or
contractual obligations you might have towards a
third party, including without limitation your
current or former employer; or (iv) violate or
cause FanBasis to violate any law or regulation
or require us to obtain any further licenses
from or pay any royalties, fees, compensation or
other amounts or provide any attribution to any
third parties;
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your User Content could not be deemed by a
reasonable person to be objectionable, profane,
indecent, pornographic, harassing, threatening,
embarrassing, hateful, or otherwise
inappropriate; and
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when your User Content consists of an
endorsement, review, or evaluation of FanBasis,
a Seller, a product, service, or third party
(“Reviews and Endorsements”), you further
represent and warrant that: (a) unless you
prominently disclose your affiliation and
interest in such endorsed, reviewed, or
evaluated company, FanBasis, Seller, product,
service, or third party you (i) are not an
employee, contractor, agent, officer or director
of the party, product, or service for which you
are submitting an endorsement, review,
evaluation or opinion (collectively “Vendor”)
(ii) you are not a competitor of such Vendor
that offers a competitive product or service
(“Competitor”), and (iii) otherwise have no
pecuniary interest in or material connection to
such Vendor, Competitor or their product or
service; (b) your review does not disclose any
confidential information; (c) you are a bona
fide user of the Vendor, product, or service
referenced in your Reviews and Endorsements; (d)
the opinions expressed in your Reviews and
Endorsements are your individual honest
opinions, findings, beliefs, and experiences
with respect to the Vendor, product, or service;
and (e) the statements made in the Reviews and
Endorsements are not false or misleading in any
aspect.
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User Content Disclaimer. We are under
no obligation to edit or control User Content that you
or other users Post and will not be in any way
responsible or liable for User Content. FanBasis may,
however, at any time and without prior notice, screen,
remove, edit, or block any User Content that in our sole
judgment violates these Terms, is alleged to violate the
rights of third parties, or is otherwise objectionable.
You understand that, when using the Service, you will be
exposed to User Content from a variety of sources and
acknowledge that User Content may be inaccurate,
offensive, indecent, or objectionable. You agree to
waive, and do waive, any legal or equitable right or
remedy you have or may have against FanBasis with
respect to User Content. If notified by a user or
content owner that User Content allegedly does not
conform to these Terms, we may investigate the
allegation and determine in our sole discretion whether
to remove the User Content, which we reserve the right
to do at any time and without notice. For clarity,
FanBasis does not permit infringing activities on the
Service.
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Monitoring Content. You acknowledge and
agree that FanBasis reserves the right to, and may from
time to time, monitor any and all information
transmitted or received through the Service for
operational and other purposes. If at any time FanBasis
chooses to monitor the content, then FanBasis still
assumes no responsibility or liability for content or
any loss or damage incurred as a result of the use of
content. During monitoring, information may be examined,
recorded, copied, and used in accordance with our
Privacy Policy. FanBasis may block, filter, mute, remove or disable
access to any User Content uploaded to or transmitted
through the Service without any liability to the user
who Posted such User Content to the Service or to any
other users of the Service.
9. Prohibited Conduct
FanBasis expressly prohibits the posting, sharing, or
dissemination of any explicit content, including but not
limited to content that is obscene, pornographic,
excessively violent, or otherwise objectionable. It is our
strict policy to ensure that all content and interactions on
the Service adhere to high standards of decency and respect
for the rights and sensibilities of our users. By using the
Service, you agree to refrain from engaging in any activity
that involves the use or distribution of explicit material
or content that violates any local, state, national, or
international law, or that could be considered objectionable
or harmful to others.
BY USING THE SERVICE, YOU AGREE NOT TO:
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use the Service or sell any Products for any illegal
purpose or in violation of any local, state, national,
or international law;
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use the Service to sell any alcohol, drugs, substances
designed to mimic alcohol or drugs, or equipment
designed for making or using alcohol or drugs;
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use the Service to sell tickets that are search for,
reserved, or purchased using ticket bot technology or
automated ticket purchasing software;
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use the Service to sell any Products that a reasonable
person might deem to be objectionable, profane,
indecent, pornographic, harassing, threatening,
embarrassing, hateful, or otherwise inappropriate;
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sell, rent, leak, disclose, or transfer data or
information that you acquire via the Service from a
Seller, whether such sale, rental, leak, disclosure or
transfer by you occurs on the Service or elsewhere;
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violate, encourage others to violate, or provide
instructions on how to violate, any right of a third
party, including by infringing or misappropriating any
third-party intellectual property or proprietary right;
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access, search, or otherwise use any portion of the
Service through the use of any engine, software, tool,
agent, device, or mechanism (including spiders, robots,
crawlers, and data mining tools) other than the software
or search agents provided by FanBasis;
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interfere with security-related features of the Service,
including by: (i) disabling or circumventing features
that prevent or limit use, printing or copying of any
content; or (ii) reverse engineering or otherwise
attempting to discover the source code of any portion of
the Service except to the extent that the activity is
expressly permitted by applicable law;
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interfere with the operation of the Service or any
user’s enjoyment of the Service, including by:
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(i) uploading or otherwise disseminating any virus,
adware, spyware, worm, or other malicious code;
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(ii) making any unsolicited offer or advertisement to
another user of the Service;
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(iii) collecting personal information about another user
or third party without consent; or
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(iv) interfering with or disrupting any network,
equipment, or server connected to or used to provide the
Service
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(v) harassing any user with unsolicited, unwelcome,
disrespectful, physically abusive or offensive behavior.
Examples of harassment include, but are not limited to,
user targeting attempts (social media bans, server bans,
attacking other users’ social media), unwanted comments
or remarks, jokes, slurs, online messages, unwanted
physical intimidation or touch and literature including
pictures and posters, depicting people in a negative
light based on prohibited grounds, e.g. racial or
religious harassment, age harassment, etc.
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perform any fraudulent activity including impersonating
any person or entity, claiming a false affiliation or
identity, accessing any other Service account without
permission;
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sell or otherwise transfer the access granted under
these Terms or any Materials (as defined in Section 6)
or any right or ability to view, access, or use any
Materials; or
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attempt to do any of the acts described in this Section
or assist or permit any person in engaging in any of the
acts described in this Section.
The list of prohibitions in this Section provides examples
and is not complete or exclusive. FanBasis may, at its sole
discretion, terminate these Terms or your account on the
Service, or suspend or terminate your access to the Service,
at any time for any reason or no reason, with or without
notice, and without any liability to you arising from such
termination. Furthermore, FanBasis reserves the right, at
its sole discretion, to determine what constitutes explicit
content or material that is objectionable or inappropriate
for the Service. Users found to be in violation of this
policy may also be subject to legal action and held liable
for any damages caused by their conduct.
FanBasis is committed to providing a safe and welcoming
environment for all users. We encourage you to report any
content or behavior that you believe violates this policy or
our Terms of Service. FanBasis will review all reports and
take appropriate action to maintain the integrity and safety
of the Service.
10. Refund Policy
All Products are non-refundable once delivered. Upon
purchase, the buyer is given access to the service/booking
of the service in their FanBasis account. If there is a
confirmed issue with your order, please contact our customer
service team at team@fanbasis.com within 7 days of receiving
your order to see if you may be eligible for a refund.
11. FanBasis Experiences and Videos
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Through our Site, you may obtain experiences (“FanBasis Experiences”) from celebrities, including athletes, actors,
performers, artists, influencers, and others (each, a
“Star User”). You may submit a request
to a Star User for a FanBasis Experience, such as a
Video (“FanBasis Video”) that is
personalized for you or a third-party that you identify
as a recipient (“Recipient”).
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You acknowledge and agree that the Star User has sole
discretion to determine how to fulfill your request and
the content of the FanBasis Video created, and may not
follow your request exactly. We reserve the right to
reject any request in our sole discretion. The Star User
has up to seven days or longer (at our sole discretion)
to fulfill or decline your request. If such a request is
not fulfilled within the described timeframe, FanBasis
may in its sole discretion issue a refund.
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In the provision of 1-on-1 video call services (“FanBasis Video Call”) facilitated by FanBasis, it is a mandatory
requirement for both the Star User and the Recipient to
fully comply with the user content guidelines expressly
set forth in Sections 8 and 9 of these Terms. Such
compliance is not merely encouraged but is a binding
obligation under the terms of use of the FanBasis
platform. Failure to adhere to these guidelines may
result in the immediate termination of the video call
service for the offending party and may further lead to
additional actions as deemed appropriate by FanBasis, in
accordance with the enforcement provisions contained
within these Terms.
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FanBasis Videos are licensed, not sold. You are buying
the right (or license) to use it, not the actual
FanBasis Video itself.
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Subject to your payment in full, the Star User hereby
grants to you the following limited rights to use the
FanBasis Video (other than a Business FanBasis Video)
solely for your own personal, non-commercial, and
non-promotional purposes, subject to these Terms: a
non-exclusive, royalty-free, fully paid, worldwide,
sublicensable, revocable license to use, reproduce,
distribute, and publicly display that FanBasis Video, in
any and all media (for example, on social media
platforms), whether now known or hereafter invented or
devised.
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You may not sell, resell, commercialize, or encumber
your rights in any FanBasis Offering, including creating
a non-fungible token (“NFT”) from any FanBasis Offering
except as agreed by FanBasis in advance in writing. You
may sublicense your rights in a FanBasis Video only to
the extent necessary for you to use the FanBasis Video
as permitted under these Terms (for example, sharing it
(if it is not a Business FanBasis Video) with friends on
a social media platform or sending it to a Recipient for
personal, non-commercial, and non-promotional purposes
as set forth above).
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You may use a FanBasis Video only in accordance with
these Terms, which includes our Acceptable Use Policy /
Community Guidelines. We may terminate all or part of
the foregoing licenses at any time for any reason. We
reserve the right to remove a FanBasis Video from our
Site at any time for any reason without any notice to
you.
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You may obtain follow backs on various social media
platforms as a FanBasis Experience. When engaging in
such transactions, it's essential to understand the
governing terms. Every follow back provided by a Seller
is valid for a period of 90 days starting from the date
the Seller follows back the Buyer, unless the Seller
specifies otherwise. After the 90-day period has
concluded, the Seller retains the right to unfollow the
Buyer without any further notifications. If, for any
reason, you believe that a Seller has unfollowed you
prematurely, before the completion of the 90-day term,
we request that you get in touch with us at
team@fanbasis.com, and we will strive to rectify the
situation. Furthermore, if you find that your follow
back experience was marked as completed but did not
actually result in a follow back, please reach out to us
for assistance at the same email address. It's crucial
to note that by accepting our terms and conditions
disclosure at checkout, you are unequivocally agreeing
to these terms pertaining to the follow backs.
12. Privacy
FanBasis takes the privacy of its users very seriously. For
the current FanBasis
Privacy Policy
please click here.
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Children’s Online Privacy Protection Act.
The Children’s Online Privacy Protection Act (“COPPA”)
requires that online service providers obtain parental
consent before they knowingly collect personally
identifiable information online from children who are
under 13 years of age. We do not knowingly collect or
solicit personally identifiable information from
children under 13 years of age; if you are a child under
13 years of age, please do not attempt to register for
or otherwise use the Services or send us any personal
information. If we learn we have collected personal
information from a child under 13 years of age, we will
delete that information as quickly as possible. If you
believe that a child under 13 years of age may have
provided us personal information, please contact us at
team@fanbasis.com
13. Intellectual Property Rights Protection
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Respect of Third Party Rights. FanBasis
respects the intellectual property rights of others,
takes the protection of intellectual property rights
very seriously, and asks users of the Service to do the
same. Infringing activity will not be tolerated on or
through the Service. See our
Copyright Dispute Policy.
14. Disclaimers
Warranty Disclaimer. FanBasis and its
licensors, suppliers, partners, parent, subsidiaries or
affiliated entities, and each of their respective officers,
directors, members, employees, consultants, contract
employees, representatives and agents, and each of their
respective successors and assigns (FanBasis and all such
parties together, the “FanBasis Parties”) make no
representations or warranties concerning the Services,
including without limitation regarding any Content contained
in or accessed through the Services or any Products, and the
FanBasis Parties will not be responsible or liable for the
accuracy, copyright compliance, legality, or decency of
material contained in or accessed through the Services or
any claims, actions, suits procedures, costs, expenses,
damages or liabilities arising out of use of, or in any way
related to your participation in, the Services. The FanBasis
Parties make no representations or warranties regarding
suggestions or recommendations of services or products
offered or purchased through or in connection with the
Services including, without limitation, any Products,
including any Seller Services. Products and services
purchased or offered (whether or not following such
recommendations and suggestions) through the Services are
provided “AS-IS” and without any warranty of any kind from
the FanBasis Parties or others (unless, with respect to such
others only, provided expressly and unambiguously in writing
by a designated third party for a specific product). THE
SERVICES AND CONTENT ARE PROVIDED BY FANBASIS (AND ITS
LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE
UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST
EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND
UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT,
CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE
FANBASIS PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR
(A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR
CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR
LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF
GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER
FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES
OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS
OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE
AMOUNTS PAID AND/OR PAYABLE BY YOU TO FANBASIS IN CONNECTION
WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING
THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR
REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN
OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY
NOT APPLY TO YOU.
Indemnity. You agree to indemnify and hold
the FanBasis Parties harmless from and against any and all
claims, liabilities, damages (actual and consequential),
losses and expenses (including attorneys’ fees) arising from
or in any way related to any claims relating to (a) your use
of the Services (including any actions taken by a third
party using your account)and any Products, and (b) your
violation of these Terms. In the event of such a claim,
suit, or action (“Claim”), we will attempt to provide notice
of the Claim to the contact information we have for your
account (provided that failure to deliver such notice shall
not eliminate or reduce your indemnification obligations
hereunder).
Assignment. You may not assign, delegate or
transfer these Terms or your rights or obligations
hereunder, or your Services account, in any way (by
operation of law or otherwise) without FanBasis' prior
written consent. We may transfer, assign, or delegate these
Terms and our rights and obligations without consent.
Choice of Law. These Terms are governed by
and will be construed under the Federal Arbitration Act,
applicable federal law, and the laws of the State of
Delaware, without regard to the conflicts of laws provisions
thereof
Arbitration Agreement. Please read the
following ARBITRATION AGREEMENT carefully because it
requires you to arbitrate certain disputes and claims with
FanBasis and limits the manner in which you can seek relief
from FanBasis. Both you and FanBasis acknowledge and agree
that for the purposes of any dispute arising out of or
relating to the subject matter of these Terms, FanBasis'
officers, directors, employees and independent contractors
(“Personnel”) are third-party beneficiaries of these Terms,
and that upon your acceptance of these Terms, Personnel will
have the right (and will be deemed to have accepted the
right) to enforce these Terms against you as the third-party
beneficiary hereof
-
Arbitration Rules; Applicability of Arbitration
Agreement.
The parties shall use their best efforts to settle any
dispute, claim, question, or disagreement arising out of
or relating to the subject matter of these Terms
directly through good-faith negotiations, which shall be
a precondition to either party initiating arbitration.
If such negotiations do not resolve the dispute, it
shall be finally settled by binding arbitration in
Delaware. The arbitration will proceed in the English
language, in accordance with the JAMS Streamlined
Arbitration Rules and Procedures (the “Rules”) then in
effect, by one commercial arbitrator with substantial
experience in resolving intellectual property and
commercial contract disputes. The arbitrator shall be
selected from the appropriate list of JAMS arbitrators
in accordance with such Rules. Judgment upon the award
rendered by such arbitrator may be entered in any court
of competent jurisdiction.
-
Costs of Arbitration. The Rules will
govern payment of all arbitration fees. FanBasis will
pay all arbitration fees for claims less than
seventy-five thousand ($75,000) dollars. FanBasis will
not seek its attorneys’ fees and costs in arbitration
unless the arbitrator determines that your claim is
frivolous
-
Small Claims Court; Infringement.
Either you or FanBasis may assert claims, if they
qualify, in small claims court in Delaware or any United
States county where you live or work. Furthermore,
notwithstanding the foregoing obligation to arbitrate
disputes, each party shall have the right to pursue
injunctive or other equitable relief at any time, from
any court of competent jurisdiction, to prevent the
actual or threatened infringement, misappropriation or
violation of a party's copyrights, trademarks, trade
secrets, patents or other intellectual property rights.
-
Waiver of Jury Trial. YOU AND FANBASIS
WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO
COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You
and FanBasis are instead choosing to have claims and
disputes resolved by arbitration. Arbitration procedures
are typically more limited, more efficient, and less
costly than rules applicable in court and are subject to
very limited review by a court. In any litigation
between you and FanBasis over whether to vacate or
enforce an arbitration award, YOU AND FANBASIS WAIVE ALL
RIGHTS TO A JURY TRIAL, and elect instead to have the
dispute be resolved by a judge.
-
Waiver of Class or Consolidated Actions.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS
ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON
AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF
MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR
LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY
OTHER CUSTOMER OR USER. If however, this waiver of class
or consolidated actions is deemed invalid or
unenforceable, neither you nor FanBasis is entitled to
arbitration; instead all claims and disputes will be
resolved in a court as set forth in (g) below.
-
Opt-out. You have the right to opt out
of the provisions of this Section by sending written
notice of your decision to opt out to the following
address: 3425 Stallion Lane, Weston, FL, 33331
postmarked within thirty (30) days of first accepting
these Terms. You must include (i) your name and
residence 16 address, (ii) the email address and/or
telephone number associated with your account, and (iii)
a clear statement that you want to opt out of these
Terms’ arbitration agreement.
-
Exclusive Venue. If you send the
opt-out notice in (f), and/or in any circumstances where
the foregoing arbitration agreement permits either you
or FanBasis to litigate any dispute arising out of or
relating to the subject matter of these Terms in court,
then the foregoing arbitration agreement will not apply
to either party, and both you and FanBasis agree that
any judicial proceeding (other than small claims
actions) will be brought in the state or federal courts
located in, respectively, Delaware, or the federal
district in which that county falls.
-
Severability. If the prohibition
against class actions and other claims brought on behalf
of third parties contained above is found to be
unenforceable, then all of the preceding language in
this Arbitration Agreement section will be null and
void. This arbitration agreement will survive the
termination of your relationship with FanBasis.
Miscellaneous. You will be responsible for
paying, withholding, filing, and reporting all taxes,
duties, and other governmental assessments associated with
your activity in connection with the Services, provided that
the FanBasis may, in its sole discretion, do any of the
foregoing on your behalf or for itself as it sees fit. The
failure of either you or us to exercise, in any way, any
right herein shall not be deemed a waiver of any further
rights hereunder. If any provision of these Terms are found
to be unenforceable or invalid, that provision will be
limited or eliminated, to the minimum extent necessary, so
that these Terms shall otherwise remain in full force and
effect and enforceable. You and FanBasis agree that these
Terms are the complete and exclusive statement of the mutual
understanding between you and FanBasis, and that these Terms
supersede and cancel all previous written and oral
agreements, communications and other understandings relating
to the subject matter of these Terms. You hereby acknowledge
and agree that you are not an employee, agent, partner, or
joint venture of FanBasis, and you do not have any authority
of any kind to bind FanBasis in any respect whatsoever.
Except as expressly set forth in the sections above
regarding the Apple Application and the arbitration
agreement, you and FanBasis agree there are no third-party
beneficiaries intended under these Terms.
15. Communications
-
Push Notifications. When you install
our app on your mobile device, you agree to receive push
notifications, which are messages an app sends you on
your mobile device when you are not in the app. You can
turn off notifications by visiting your mobile device’s
“settings” page.
-
Email. We may send you emails
concerning our products and services, as well as those
of third parties. You may opt out of promotional emails
by following the unsubscribe instructions in the
promotional email itself.
-
SMS. As part of the Services, you may
receive communications through the Services, including
messages that FanBasis sends you (for example, via email
or SMS). By signing up for the Services and providing us
with your wireless number, you confirm that you want
FanBasis to send you information regarding your account
or transactions with us, which may include FanBasis
using automated dialing technology to text you at the
wireless number you provided. You agree to receive
communications from FanBasis, and you represent and
warrant that each person you register for the Services
or for whom you provide a wireless phone number has
consented to receive communications from FanBasis. You
agree to indemnify and hold FanBasis harmless from and
against any and all claims, liabilities, damages (actual
and consequential), losses, and expenses (including
attorneys’ fees) arising from or in any way related to
your breach of the foregoing.
Messaging Frequency: Message frequency may vary
depending on your interaction with FanBasis,
typically 1-4 messages per month.
Fees: Message and data rates may apply based on your
mobile carrier’s plan. Please check with your
carrier for details on any applicable fees.
Opt-In and Opt-Out:
-
Opt-In: By providing your mobile phone number
and opting in through our website or platform,
you consent to receive SMS communications from
FanBasis.
-
Opt-Out: To stop receiving SMS messages from
FanBasis, you can reply “STOP” to any message
you receive. You may also contact us at [support
email or phone number] to be removed from the
SMS list. After opting out, you may receive one
additional message confirming your opt-out
status.
For more information on how we handle your data,
please refer to our
Privacy Policy.
16. Affiliate Program
-
Overview. The FanBasis Affiliate
Program (“Affiliate Program”) allows
affiliate participants (“Affiliates”)
to earn FanBasis Credits by either (a) referring
prospective customers to purchase products or services
hosted on the FanBasis platform (“Buyer Program Affiliates”), or (b) referring prospective merchants to join
FanBasis as a Seller (“Seller Program Affiliates”). Participation in the Affiliate Program is only open
to individuals aged 18 years or older who are legal
residents of and residing in the United States.
Prospective Affiliates must complete an application and
be approved by FanBasis to become an Affiliate. Once
FanBasis reviews and approves a prospective Affiliate’s
application, the Affiliate will receive a unique
tracking link to place on their website or promote
through other channels (“Affiliate Link”).
-
Affiliate Marketing Activities.
Affiliate agrees to use reasonable, good-faith efforts
to provide affiliate services to FanBasis through
referring and promoting FanBasis and applicable FanBasis
Sellers’ and their products and services on the FanBasis
Platform in the United States in accordance with the
Terms, including these Affiliate Program terms.
Affiliate represents, warrants, and covenants that
Affiliate will perform such services in a professional
and workmanlike manner and that such services will
comply with the requirements set forth hereunder,
including in any documentation, guidelines, policies,
and specifications referenced herein, which are all
incorporated herein by reference.
-
Affiliate Compensation. Affiliate
compensation depends on the type of affiliate
marketing Affiliate conducts:
-
Seller Program Affiliates –
Affiliates can earn rewards for referring new
merchants to the FanBasis Platform. For users
who join FanBasis as a Seller for the first time
via the Affiliate’s Affiliate Link (“Referred
Sellers”), as reasonably determined by FanBasis,
FanBasis will pay the Affiliate an amount equal
to a percentage of FanBasis’s net revenue from
the Referred Seller, for the first six (6)
months after the date when the Referred Seller
joined FanBasis. Affiliate commissions cease
after the end of the six-month period.
-
Buyer Program Affiliates -
Affiliates can earn rewards for referring users
who make purchases from Sellers on the FanBasis
platform. Either FanBasis, or Sellers, can
determine and disclose the fee or percentage a
Buyer Program Affiliate will receive when a
purchase of the Seller’s products or services is
made via an Affiliate’s Affiliate Link
(“Affiliate Offer”). For each purchase of
Seller’s products or services made via the
Affiliate’s Affiliate Link, as reasonably
determined by FanBasis, FanBasis shall pay
Affiliate for such qualifying sale according to
the Affiliate Offer. Affiliate Offers are
subject to change from time to time and may be
terminated at any time. Such changes and
terminations are effective immediately. The
Affiliate Offer at the time of qualifying sale
applies. Please check Affiliate Offers
periodically for any changes or termination.
Affiliate is solely responsible for promoting
the use of its Affiliate Link, and FanBasis
shall not be responsible for any users’ failure
to utilize an Affiliate Link in the registration
or purchasing process, and such failure of use
will result in lack of attribution of sale to
Affiliate. Each party will be responsible, as
required under applicable law, for identifying
and paying all taxes and other governmental fees
and charges (and any penalties, interest, and
other additions thereto) that are imposed on
that party upon or with respect to the
transactions and payments received by it under
these Affiliate Program terms. Each party will
bear all costs and expenses incurred by it in
connection with its business and the performance
of its obligations under these Affiliate Program
terms and in no event will FanBasis be obligated
to reimburse Affiliate for any costs incurred by
providing services hereunder.
-
Independent Contractors. The
relationship between FanBasis and Affiliate established
by these Affiliate Program terms is that of independent
contractors. Neither execution nor performance of the
Terms including the Affiliate Program terms shall be
construed to have established any joint venture,
partnership, or employment relationship between the
parties.
-
Limited Trademark License for Affiliates.
Subject to these Terms (including without limitation the
trademark provisions therein), FanBasis hereby grants to
Affiliate a non-exclusive, revocable, non-sublicensable,
non-transferable right and license to use and display
FanBasis’s trademark “FANBASIS” (the “Licensed Marks”) in the United States in accordance with any
trademark usage guidelines specified by FanBasis, and in
accordance with further provisions in the Terms, solely
in connection with promoting the FanBasis platform to
new merchants as a Seller Program Affiliate or in
connection with promoting Sellers’ product and services
on the FanBasis platform as a Buyer Program Affiliate.
The purchase of keywords, engaging in PPC bidding, and
otherwise engaging in paid promotions with keywords, on
the following keywords, or misspellings of these, is
strictly prohibited: FanBasis, FanBasis discount,
FanBasis coupon, either alone or in combination with
other terms or keywords. Use of any FanBasis-related
keywords through paid advertising requires prior
approval from a FanBasis Affiliate Program manager,
which may be granted, denied, or conditioned at
FanBasis’s sole and absolute discretion.
-
Requirements. By participating in
the Affiliate Program, Affiliates agree that:
-
They will at all times present FanBasis, its
products and services, Sellers, and Seller’s
products and services in an honest and truthful
manner, in a manner that reflects their actual
experience, will not make any
misrepresentations, and will otherwise remain
compliant with the FTC’s Endorsement Guidelines.
-
they will disclose in a clear and conspicuous
manner near the Affiliate Link that they will
receive compensation if someone makes a purchase
or transaction through their link;
-
their website and other promotional channels in
connection with participating in the Affiliate
Program do not contain or promote (a) violations
of copyright, trademark, publicity, or other
intellectual property or proprietary rights, (b)
adult, violent and defamatory content, (c)
religious or political viewpoints; (d) content
or services that violate the law; or false or
misleading advertising;
-
they will strictly comply with any Affiliate
Program participation guidelines specified by
FanBasis; and
-
they will not purchase keywords, engage in PPC
bidding or other paid promotions with keywords,
on the following keywords, or misspellings of
these: FanBasis, FanBasis discount, FanBasis
coupon, either alone or in combination with
other terms or keywords, unless they have
obtained prior written approval from a FanBasis
Affiliate Program manager, which may be granted,
denied, or conditioned at FanBasis’s sole and
absolute discretion.
-
Termination. Failure to comply with
these terms of the Affiliate Program or other Terms, may
result in immediate termination and withholding or
clawback of FanBasis Credits and/or payments. FanBasis
may terminate Affiliate’s participation in the Affiliate
Program immediately at any time for any or no reason by
giving Affiliate notice of such termination, or if
FanBasis terminates or otherwise ceases to offer the
Affiliate Program. Affiliate may terminate Affiliate’s
participation in the Affiliate Program immediately at
any time for any or no reason by giving FanBasis notice
of such termination. Upon termination of Affiliate’s
participation in the Affiliate Program, Affiliate will
(i) immediately cease to represent itself as a marketing
affiliate of FanBasis; (ii) immediately take down any
posted promotional materials and cease all active
promotion of FanBasis and any applicable products or
services on the FanBasis platform; (iii) immediately
cease to use or distribute any Affiliate Links; and (iv)
immediately cease using any Licensed Marks. Affiliate
will cease to earn FanBasis Credits immediately upon
termination of Affiliate’s participation in the
Affiliate Program. Within thirty (30) days of
termination of Affiliate’s participation in the
Affiliate Program, FanBasis will deposit payment in the
form of FanBasis Credits for all qualified transactions
up to the date of termination. Affiliate must maintain a
FanBasis Credit account for at least sixty (60) days
after termination of Affiliate’s participation in the
Affiliate Program in order to facilitate such
compensation.
17. Notice Regarding Apple
This Section only applies to the extent you are using our
mobile application on an iOS device. You acknowledge that
these Terms are between you and FanBasis only, not with
Apple Inc. (“Apple”), and Apple is not
responsible for the Service or the content of it. Apple has
no obligation to furnish any maintenance and support
services with respect to the Service. If the Service fails
to conform to any applicable warranty, you may notify Apple,
and Apple will refund any applicable purchase price for the
mobile application to you. To the maximum extent permitted
by applicable law, Apple has no other warranty obligation
with respect to the Service. Apple is not responsible for
addressing any claims by you or any third party relating to
the Service or your possession and/or use of the Service,
including:
-
product liability claims;
-
any claim that the Service fails to conform to any
applicable legal or regulatory requirement; or
-
claims arising under consumer protection or similar
legislation.
Apple is not responsible for the investigation, defense,
settlement, and discharge of any third party claim that the
Service and/or your possession and use of the Service
infringe a third party’s intellectual property rights. You
agree to comply with any applicable third-party terms when
using the Service. Apple and Apple’s subsidiaries are
third-party beneficiaries of these Terms, and upon your
acceptance of these Terms, Apple will have the right (and
will be deemed to have accepted the right) to enforce these
Terms against you as a third-party beneficiary of these
Terms. You hereby represent and warrant that:
-
you are not located in a country that is subject to a
U.S. Government embargo or that has been designated by
the U.S. Government as a “terrorist supporting” country;
and
-
you are not listed on any U.S. Government list of
prohibited or restricted parties.
18. Software Access Addendum
-
Description of Software Access Feature.
If you are a Seller, the Service may permit you to make
software of yours (“Software”) available to Buyers. If
you are a Buyer, the Service may permit you to purchase
a license to Software made available by a Seller. This
Software Access Addendum will apply to any such use of
the Service.
-
Delivery. Once a Buyer purchases a
subscription to a Seller’s Software, Seller agrees to
promptly deliver copies of such Software to Buyer.
-
Software License. If you are a Seller,
you agree to grant the Buyer a license to the purchased
Software under your applicable end user license.
-
Software Terms. Seller may choose to
require the acceptance of additional terms governing the
use of the Software (“Software Terms”). If any Software
Terms are required in connection with access to
Software, all Buyers of such Software agree to be bound
by such Software Terms.
19. Discord Management Addendum
-
Description of Discord Management Feature.
If you are a Seller, the Service may permit you to make
access to your discord community (“Community”) available
to Buyers. If you are a Buyer, the Service may permit
you to purchase access to a Community made available by
a Seller. This Discord Management Addendum will apply to
any such use of the Service.
-
Discord Management. If you are a
Seller, you agree to grant FanBasis management rights to
your Community, including the ability to add or remove
Community members as necessary to provide this feature
to you.
-
Discord Account. If you are a Buyer,
you agree to link your discord account to your account
on the Service and to allow FanBasis to add you to the
Communities you have purchased access to. Your discord
account will be deemed a Linked Account under these
Terms.
-
Discord Access. If you are a Seller of
Software, you hereby grant Buyers the right to access
any Community they have purchased access to.
-
Community Terms. Sellers may make
available additional terms governing the Community
(“Community Terms”). If any Community Terms are required
in connection with access to a Community, you agree to
be bound by such Community Terms.
