PLEASE READ THE FOLLOWING TERMS CAREFULLY.

BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICEYOU 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 users (“Sellers”). All Products are provided solely by the applicable Seller and FanBasis is not responsible for the Products sold through the Service.

2. Eligibility

Sellers who are at least 16 years old may register directly with the Service. By registering, you represent 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.

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. You will comply with all laws that apply to you, your use of the Services, and your actions and omissions that relate to the Services (for example, Sellers must comply with all laws that relate to the Seller Services (as defined below)). If your use of the Services or Products is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services or Products in a way that breaks the law.

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.

• Price. FanBasis reserves the right to determine pricing for the Service and any fees it may charge on transactions conducted on the Service. FanBasis may change the fees for any feature of the Service, including additional fees or charges, if FanBasis gives you advance notice of changes before they apply. FanBasis, at its sole discretion, may make promotional offers with different features and different pricing to any of FanBasis’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
• Authorization. FanBasis reserves the right to determine pricing for the Service and any fees it may charge on transactions conducted on the Service. FanBasis may change the fees for any feature of the Service, including additional fees or charges, if FanBasis gives you advance notice of changes before they apply. FanBasis, at its sole discretion, may make promotional offers with different features and different pricing to any of FanBasis’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.You authorize FanBasis to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by FanBasis, including all applicable taxes, to the payment method specified by you. If you pay any fees with a credit card, then FanBasis may seek pre-authorization of your credit 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 you are permitted to save a payment method (such as a credit card) or any Linked Account with a payment feature as part of your account with us, you authorize us to save and maintain such payment method or Linked Account and use it for the payment of various fees and amounts related to your purchase of Products or use of the Services.
• Sales Tax and Withholding Taxes..
  • Sales, Use and Similar Taxes. In some instances, FanBasis may have an obligation to add sales or use tax to the purchase price of Products. In such cases, FanBasis will list the appropriate taxes, and charge and collect them as part of the transaction and either remit the taxes to the applicable taxing authority or transmit the collected taxes to Sellers for Seller remittance and reporting to tax authorities.
  • Withholding Taxes. In some instances, FanBasis may have agreed, in its sole discretion, to serve as the merchant of record for a given transaction related to the Services. As the merchant of record, FanBasis may be obligated to withhold tax amounts from payments to Sellers. FanBasis may withhold from any amounts payable to Sellers such federal, state, local or foreign taxes as shall be required to be withheld pursuant to any applicable law or regulation, as determined in FanBasis’s sole discretion. In instances where FanBasis is not the merchant of record, FanBasis does not bear any legal obligation or responsibility to, and will not, collect, report, and remit any such taxes on behalf of a Seller under any circumstances.
• Product Price.If you are the Seller, you may set or change the price for your Products at your sole discretion. The Seller agrees to keep all pricing information for their Products up to date and to abide by any of their listed prices for sold Products.
• Amount Paid to Sellers.When one of the Seller's Products is sold, the Seller will receive the net purchase price in the form of their base currency, minus (i) any applicable payment processing fees imposed by a third-party payment processor, and (ii) a service and platform fee in the amount set on a case-by-case basis, which is retained by FanBasis. The Seller understands and agrees that the entire purchase price (not just the net amount paid to them) must be immediately returned or refunded if requested by FanBasis or upon the Seller's violation of these Terms, and the Seller agrees that FanBasis or any payment processor acting on its behalf may process such return or refund.
• FanBasis Credits.The Seller will be able to view all amounts owed to them in the form of “FanBasis Credits” on their FanBasis account wallet. FanBasis Credits represent funds held in an account owned and controlled by the Seller with a third-party service provider or payment processor, such as Stripe. The funds underlying FanBasis Credits may be converted to the equivalent amount of U.S. Dollars and withdrawn by the Seller through their account with the third party service provider or payment processor. FanBasis Credits are not themselves transferrable. FanBasis Credits do not represent cash or funds held by FanBasis on the Seller's behalf and have no cash value, other than as held in the Seller's account with the third party payment processor. The Seller understands and agrees that FanBasis Credits may be withdrawn from their account as required in payment of purchases they make; as fines, fees, or assessments for their violation of these Terms or the terms of any agreement with a third party payment process; as required by law; or as required by our third party payment processor. The Seller further agrees to provide any information, execute any agreements or other documents, and verify their identity with FanBasis or its third party payment processor and understands and agrees that failure to do so may terminate their FanBasis Credits.
• Subscription Service.The Service may include certain subscription-based Products, or certain aspects of the Service itself may result in automatically recurring payments for periodic charges (“Subscription Products” and such charges, the “Subscription Fee”). The “Subscription Billing Date” is the date when you purchase your first subscription to the Subscription Product. Your access to the Subscription Product will begin on the Subscription Billing Date and continue for the subscription period specified when you make your purchase (such period, the “Initial Subscription Period”). Some subscriptions may automatically renew for additional periods if specified in the Subscription Product description (the Initial Subscription Period and each such renewal period, each a “Subscription Period”) unless you cancel the Subscription Product or the Seller or we terminate it. If you activate a Subscription Product, then you authorize FanBasis or its third-party payment processors to save, store, or otherwise maintain the payment method you have provided for the Subscription Product and periodically charge such payment method, on a going-forward basis and until cancellation of the Subscription Product, for all accrued sums on or before the payment due date. If you use a debit card or your bank account as your chosen payment method, you agree to enter into this separate debit authorization form and retain a copy for your records. Your account will be charged automatically on the Subscription Billing Date and thereafter on the renewal date of your Subscription Product for all applicable fees and taxes for the next Subscription Period. You must cancel your Subscription Product before it renews unless otherwise specified in the Subscription Product’s description in order to avoid billing of the next periodic Subscription Fee to your account. FanBasis or its third-party payment processor will bill the periodic Subscription Fee to the payment method associated with your account or that you otherwise provide to us. You may cancel the Subscription Product by following the cancellation steps described in the product description or by contacting us at team@fanbasis.com. YOUR CANCELLATION MUST BE RECEIVED BEFORE THE RENEWAL DATE IN ORDER TO AVOID CHARGE FOR THE NEXT SUBSCRIPTION PERIOD.
• Delinquent Accounts.FanBasis may suspend or terminate access to the Service or any Product, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any of the unpaid amount, including collection fees. If your payment method is no longer valid at the time a renewal Subscription Fee is due, then FanBasis reserves the right to delete your account and any information or User Content (defined below) associated with your account without any liability to you.
• High Chargebacks, Returns, or Other Negative Metrics.If you or your account are subject to a high level of chargebacks, returns, refund requests, payment network imposed fines, fees, or assessments, or we are otherwise required to do so by our third party payment processor, we have the right to pass any such fines, fees, or assessments on to you and/or terminate your account and access to the Service, in our sole discretion. You remain solely liable for all chargebacks, returns, or refunds, in addition to all additional associated fees. In the event we have reason to believe that your account is engaged in fraudulent or other unauthorized activity, you agree that, in addition to any other remedies set forth in these Terms, we have the right to reverse any payments made to you by our payment processor without notice to you and you agree that you are solely responsible for any such fraudulent activity.
• Regulatory Matters; Account Termination/Suspension; Regulatory Reviews; Violation of Terms
  • FanBasis is not a financial institution. FanBasis is required to comply with the following requirements as part of its own compliance policies, as well as due to commitments and relationships it has with various third parties, including banks, payment processors, and other financial institutions with which it works.
  • FanBasis reserves the right, in its sole discretion to suspend or terminate any account opened by a Buyer or Seller.
  • Without limiting the generality of the foregoing, FanBasis may, in its sole discretion or as directed by law enforcement, regulatory agency, or any financial institution or third-party payment processor with which it works, suspend or place a hold on an account. Any suspension or hold on an account may delay the settlement or distribution of any funds owed to a Seller that is associated with such account. In the event that FanBasis suspends or holds an account pursuant to this provision, it will do so for no longer than is commercially reasonable, and in no event longer than one hundred eight (180) days; provided, however, that in the event that such suspension or hold on an account is directed by law enforcement, regulatory agency, or any financial institution or third-party payment processor with which FanBasis works, then such suspension or hold shall remain in place for so long as FanBasis is directed by such party.
  • To the extent reasonable to do so, and if permitted by law or the instructions of any third-party, FanBasis will provide you with prior notice of the termination or suspension of your account. However, FanBasis shall have the right to terminate or suspend your account without notice upon your violation of these Terms or if FanBasis has reason to believe there is fraud or unauthorized use associated with your account.
  • Without limiting anything in the foregoing, FanBasis may suspend or pause your account while performing any applicable or necessary regulatory reviews being conducted by FanBasis or its financial institution or payment processing partners.

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

• 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.
• 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

• 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.
• 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:
  • 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;
  • your User Content is honest, truthful, and accurate to the best of your knowledge;
  • 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;
  • 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
  • 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
• 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.
• 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:

• use the Service or sell any Products for any illegal purpose or in violation of any local, state, national, or international law;
• 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;
• use the Service to sell tickets that are search for, reserved, or purchased using ticket bot technology or automated ticket purchasing software;
• 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;
• 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;
• 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;
• 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;
• 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;
• interfere with the operation of the Service or any user’s enjoyment of the Service, including by:
• (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code;
• (ii) making any unsolicited offer or advertisement to another user of the Service;
• (iii) collecting personal information about another user or third party without consent; or
• (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service
• (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.
• perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Service account without permission;
• 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
• 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

• 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”).
• 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.
• 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.
• FanBasis Videos are licensed, not sold. You are buying the right (or license) to use it, not the actual FanBasis Video itself.
• 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.
• 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)
• 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.
• 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.

• 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

• 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). When signing up for the Services, you will receive a welcome message and instructions on how to stop receiving messages. 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, and 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.

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.