Revised: August 22, 2020
Thank you for using Fanticipate. Fanticipate is a virtual auction platform available on our website and mobile applications connecting fans and collectors (each, a “Bidder”) seeking to bid on and acquire items related to entertainment or sporting events (each, an “Auctioned Item”) with the athletes, entertainers, teams, leagues, agents, trainers, participant, owner or other entity that has the right to sell such Auctioned Items that have the right to sell such Auctioned Items (each, a “Seller”) pursuant to the Auction Terms (collectively, the “Service”). Fanticipate offers two types of auctions for fan participation: (i) event auctions, which are auctions for Auctioned Items that are “Affiliated” (used by, personalized by or sanctioned by) with the Seller in scheduled events that will occur in the future, and (ii) open auctions, which are auctions for Auctioned Items that do not fall under (i).
The Fanticipate Terms are entered into by and between you and the Company. Please read the Fanticipate Terms carefully before you start to use the Site. By using the Site or the Service or by clicking to accept or agree to the Fanticipate Terms when this option is made available to you, you accept and agree to be bound by and abide by the Fanticipate Terms. If you do not accept the Fanticipate Terms, you must not access or use the Site or the Service.
The Site is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories and possessions. By using the Site, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site or the Service.
Changes to the Fanticipate Terms
We may revise and update the Fanticipate Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. However, any changes to the dispute resolution provisions set forth in “Governing Law and Jurisdiction” below will not apply to any disputes for which parties have actual notice on or prior to the date the change is posted on the Site.
Your continued use of the Site or the Service following the posting of revised Fanticipate Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
Accessing the Site and Account Security
We reserve the right to withdraw or amend the Site, and any services or materials we provide on the Site (including the Service), at any time in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site or the Service is unavailable at any time or for any period. From time to time, we may restrict access to portions of the Site, or the entire Site, to some or all users, including registered users. We have no obligation to provide you with any technical support in connection with your use or attempted use of the Site or the Service.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as strictly confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to any portion of the Site using your user name, password or other security information. You agree to notify us immediately upon becoming aware of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion if, in our opinion, you may have violated any provision of the Fanticipate Terms.
Intellectual Property Rights
The Site and its entire contents, features and functionality (including but not limited to all information, software (including any source code and object code), text, displays, images, video and audio, and the design, selection, and arrangement thereof), and the Service and all intellectual property rights therein are owned by the Company, its affiliates, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights law, as applicable.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Site, except as follows:
You must not:
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site or the Service in breach of the Fanticipate Terms, your right to use the Site and the Service will cease immediately and you must, at our option, immediately return or securely destroy any copies of the materials you have made. No right, title or interest in or to the Site, the Service or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site or the Service not expressly permitted by the Fanticipate Terms is a breach of the Fanticipate Terms and may violate copyright, trademark and other laws.
The Company name, the Company logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Site are the trademarks of their respective owners.
You may use the Site and the Service only for lawful purposes and in accordance with the Fanticipate Terms. You agree not to use the Site or the Service:
Additionally, you agree not to:
The Site may contain personal profiles and other interactive features (collectively, “Interactive Services”) that allow (i) Sellers to post, submit or transmit to Bidders or other users content or materials, including, without limitation the title, category, Seller name, prices, product description, icon, logo or banner images, and any other information related to the Auctioned Items that that a Seller wishes to appear through the Service on or through the Site and (ii) Bidders to post, submit or transmit to Sellers or other users content or materials, including, without limitation, placing bids or asking questions or making comments about Auctioned Items through the Service on or through the Site (each of the items set forth in (i) and (ii) is referred to as a “User Contribution”).
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any user of the Site.
Monitoring and Enforcement; Termination
We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any governmental authorities (e.g., law enforcement) or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site or the Service. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR GOVERNMENTAL AUTHORITIES.
We do not undertake to review all material before it is posted on or transmitted through the Site or the Service and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must comply with all applicable federal, state and local laws and regulations in all respects. Without limiting the foregoing, User Contributions must not:
If you believe that any User Contributions violate your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
Our designated copyright agent to receive DMCA Notices is:
General Counsel (firstname.lastname@example.org)
251 Little Falls Drive, Wilmington, Delaware 19808
All notices should be sent to: email@example.com
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers
Reliance on Information Posted
The information presented on or through the Site and the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
The Site and the Service inherently includes content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Site
We may update the content of the Site from time to time, but its content is not necessarily complete or up-to-date. Any material on the Site may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Site
Terms and Conditions related to Sellers
Links from the Site
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Site is based in the State of Colorado in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SITE, OR ON ANY SITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE (INCLUDING ANY AUCTIONED ITEMS) IS AT YOUR OWN RISK. THE SITE, ITS CONTENTS AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE (INCLUDING ANY AUCTIONED ITEMS) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE (INCLUDING THE AUCTIONED ITEMS) WILL BE ACCURATE, RELIABLE, GENUINE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR ITS OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, MEMBERS, MANAGERS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
IN NO EVENT WILL THE AGGREGATE LIABILITY OF COMPANY, ITS AFFILIATES OR ITS OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, MEMBERS, MANAGERS, OFFICERS OR DIRECTORS ARISING OUT OF OR RELATED TO YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, THE SERVICE, OR ANY CONTENT ON THE SITE OR SUCH OTHER SITES OR for the quality or availability of AUCTIONED ITEMS BID ON BY YOU OR purchased from Sellers identified through the Site, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO THE COMPANY BY YOU PURSUANT TO AN AGREEMENT BETWEEN YOU AND THE COMPANY IN THE SIX MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
All matters relating to the Site and the Fanticipate Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, the Fanticipate Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado in each case located in the City and County of Denver. You hereby waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
At our sole discretion, we may require you to submit any disputes arising from the Fanticipate Terms or the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Colorado law and taking place in the City and County of Denver, Colorado.
Limitation on Time to File a Claim
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE FANTICIPATE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No waiver by the Company of any term or condition set forth in the Fanticipate Terms shall be deemed a further or continuing waiver of such term or condition or waiver of any other term or condition, and any failure of the Company to assert a right or provision under the Fanticipate Terms shall not constitute a waiver of such right or provision.
If any provision of the Fanticipate Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the maximum extent such that the remaining provisions of the Fanticipate Terms will continue in full force and effect.
Unless explicitly stated in a separate private agreement between you and Fanticipate, the Fanticipate Terms constitute the sole and entire agreement between you and the Company with respect to the Site and the Service and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site and the Service. If a separate contract is made between you and the Company with respect to the Site, the terms of the separate contract control in the event that those terms may be in conflict with the Fanticipate Terms.
Your Comments, Questions and Concerns
The Site is operated by Fanticipate Inc.
All notices of copyright infringement claims should be sent to the copyright agent designated above in the manner and by the means set out therein.
All other feedback, comments, requests for technical support and other communications relating to the Site or the Fanticipate Terms and related practices should be directed to: [firstname.lastname@example.org].
Fanticipate offers two types of auctions for fan engagement: (i) "Event Auctions", which are auctions for Auctioned Items that are “Affiliated” (used by, personalized by or sanctioned by) with the Seller in scheduled events that will occur in the future, and (ii) "Open Auctions", which are auctions for Auctioned Items that do not fall under (i) (“Open Auctions” and each of an Event Auction and Open Auction are referred to as an “Auction”).
Event Auctions are scheduled events that coincide with an actual event (game, race, or any event with items available for bidding). Bidders bid on Auction Items that will be Affiliated with the event, prior to the start of the event (all items are auctioned off at the same time with the same end times), from only those Sellers that are scheduled to participate in that specific event. All of the Auction Items offered in an Event Auction are from Sellers that are verified participants.
Sellers can offer items and experiences from past events and/or personalized experiences related to a specific category (horse racing, hockey, soccer, etc.). In Open Auctions, “Seller” further includes persons or entities who participated in that specific event or persons or entities that have legal right to sell the Auctioned Items. Seller will set the start and end times for bidding on items for Open Auctions, which will be posted for each individual item.
General Bidding Period
Each Auction will be assigned a general bidding period in advance of the Event (the “General Bidding Period”) and a final deadline where the Auction will terminate (the “Auction Deadline”), which, for Event Auctions, will be prior to the event subject to the Event Auction. The General Bidding Period is a fixed time period where Bidders can bid on the Auctioned Items made available through the Auction.
Extended Bidding Period
After the General Bidding Period ends, there will be an extended bidding period (the “Extended Bidding Period”) where each new bid will extend the Auction for an additional five minutes. A Bidder must place at least one bid on an Auctioned Item during the General Bidding Period to be eligible to place a bid on such Auctioned Item during the Extended Bidding Period. The Extended Bidding Period will end on the earlier to occur of (a) a winning bid stands for five minutes when the clock hits zero (as further described below), or (b) at the Auction Deadline. The Extended Bidding Period allows any Bidder that has previously bid on a specific Auctioned Item, to participate in a final bid-off with others who have also bid on that specific item.
In each Auction, the bidding will work as follows:
Auto Bidding allows Bidders to set their own maximum bid for an Auctioned Item. After auto bidding is set and a maximum bid is established, bids will be made automatically, raising bids placed by other users by $10 increments until the item reaches the maximum bid.
Each Bidder is solely responsible for entering into all auto bids. Fanticipate is not responsible for any Auction Items that are lost due to auto bidding malfunction, other auto bids triggering prior to a Bidder’s, but before the Auction Deadline or close of the Auction. Each Bidder should always monitor its bids and create manual bids when necessary. Auto bidding will NOT bid unless there is a competing bid. A Bidder cannot outbid itself.
Payment Processing and Failure
Following the close of an Auction, the payment method on file for a Winning Bidder is charged immediately for the Auctioned Item. If for any reason the Winning Bidder’s payment fails at the end of all bidding the next highest bidder will become the Winning Bidder. However, during Extended Bidding, if there has not been a new bid for 5 minutes and the Winning Bidder’s payment is declined, then the Bidder whose payment method was declined will have five minutes to enter another payment method and bid again, which will continue the Extended Bidding Period as set forth above. If such Winning Bidder fails to enter a valid payment method and bid again within five minutes or before the Auction Deadline occurs, the next highest bid will automatically win and such Bidder will become the Winning Bidder. Each Bidder is solely responsible for ensuring its payment method is valid and up to date. Fanticipate uses an outside vendor to process payments and is not responsible for payments that are not able to be processed for any reason.
With respect to Event Auctions, when the Auction is complete and the event begins, the Winning Bidder “owns a piece of the action” and can experience the event with a vested interest along side one of the participants.
Unless otherwise specified, Fanticipate will provide each Seller with shipping labels to make fulfillment as easy as possible. The label provided MUST be used as it contains information (such as tracking number) that will be communicated to the Winning Bidder. After the event has concluded, the Seller shall, within 72 hours following the conclusion of the event, initiate shipment of the applicable Auctioned Item(s) to the Winning Bidder. Notwithstanding the foregoing, Seller shall not be liable for the failure to promptly ship such Auctioned Item(s) if such failure is caused by events outside of the Seller’s reasonable control, such as force majeure events; however, the Seller shall promptly communicate such delays to the Winning Bidder and Fanticipate should they occur, and provide the shipping details. For certain items, shipment may not occur in 72 hours due to the nature of the item. For example, horse shoes worn during a race may not be available for shipping until the horse is re-shod, which may be 4-6 weeks from the date of the Auction. Fanticipate will use reasonable best efforts to advise the Bidder with regard to these types of items in advance of Bidding when possible. Fanticipate shall not be responsible or liable for any delays, loss or damage in the shipping process. Once the shipment is initiated, Fanticipate or the Seller will provide the Winning Bidder with a tracking number to monitor its progress to the Winning Bidder.
Seller, not Fanticipate, will send the Auctioned Item(s) to the Winning Bidder using the shipping label provided by Fanticipate pursuant to the Auction Terms. The sale shall be completed and title to the Auctioned Items shall be transferred only after the event has occurred. Seller is solely responsible for (and Fanticipate has no responsibility to Seller or any third party, including any Bidders or the Winning Bidder, for): (i) any Auctioned Item(s) (including their interaction with the Service); (ii) the shipment (including any loss or damage incurred in connection therewith) of any Auctioned Item(s) except that Fanticipate will supply the Seller with a shipping label as set forth above, (iii) the consequences of any Seller actions related to the Auctioned Item(s) and (iv) Seller’s use of the Service. Bidders, including the Winning Bidder, will be instructed to contact Seller concerning any defects or other issues related to the Auctioned Item(s) sold through the Service. Seller will be solely responsible for, and Fanticipate will have no responsibility to undertake or handle support of Auctioned Item(s) and any complaints about Auctioned Item(s), except to the extent such complaints relate to the Service. Fanticipate will not be responsible for the quality, genuineness or any other attribute of any Auctioned Item(s).
At the end of any scheduled Auction, the Winning Bidder will have the ability to post the applicable Auctioned Item to an Open Auction for immediate bidding to begin. The Winning Bidder will be required to set the start/end times of the Open Auction and it will show the original Seller (competitor) from whom it was purchased.
Upon the close of the Auction, the Seller and the Winning Bidder shall be deemed to have entered into a binding contract for the purchase and sale of the applicable Auctioned Item(s) subject to the terms and conditions set forth herein.