Legal

Fanticipate Terms of Use

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 Service is provided by Fanticipate Inc., a Delaware corporation (“Company”, “we”, or “us”). These terms and conditions, as may be amended from time to time (the “Terms of Use”), together with our Privacy Policy and Auction Terms (collectively, the “Fanticipate Terms”) govern your access to and use of the Service made available online through our website(s), including Fanticipate.com, and any of our applications through whatever platform, including any content and functionality (collectively, the “Site”), whether as a guest or as a registered user.

Acceptance of the Terms of Use

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.

In order to use the Service as a Bidder, you will be asked to provide certain registration details or other information. It is a condition of your use of the Site and the Service that all the information you provide on the Site is correct, current and complete. You agree that all information you provide to register with this Site or otherwise, including but not limited to through the use of any interactive features of the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information that are not inconsistent with our Privacy Policy.

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:

Your computer or mobile device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
You may store files that are automatically cached by your web browser for display enhancement purposes; and
You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication or distribution.

You must not:

Modify copies of any materials from the Site; or
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Site.

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.

Trademarks

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.

Prohibited Uses

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:

In any way that violates applicable federal, state, or local law or regulation (including, without limitation, any laws regarding the exporting of data or software to and from the US);
For the purposes of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use;
To transmit, or procure the sending of, any advertising or promotional material without prior written consent, including any “junk mail”, “chain letter”, or “spam” or any other similar solicitation;
To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); or
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site or the Service, or which, as determined by us in our sole discretion, may harm the Company or users of the Site (including any Bidder or Seller) or expose us or them to liability.

Additionally, you agree not to:

Use the Site or the Service in any manner that could disable, overburden, damage, or impair the Site or the Service or interfere with any other party’s use of the Site or the Service, including any other party’s ability to engage in real time activities through the Site;
Use any robot, spider or other automatic device, process or means to access the Site for any purposes, including monitoring or copying any of the material on the Site;
Use any manual process or monitor to copy any of the material on the Site or for any other unauthorized purpose without our prior written consent;
Use any device, software or routine that interferes with the proper working of the Site or the Service;
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site or the Service, the server(s) on which the Site is stored, or any server, computer, or database connected to the Site;
Attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
Otherwise attempt to interfere with the proper working of the Site or the Service.

User Contributions

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”).

All User Contributions must comply with the Content Standards set out in these Terms of Use. Any User Contribution you post, submit or transmit (each, to “post”) to the Site, or using the Site, will be considered non-confidential and non-proprietary, unless otherwise specifically noted by us. By posting any User Contributions on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material.

You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns; and
All of your User Contributions do and will comply with the Fanticipate Terms.

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:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion;
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contributions violate the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the Service or the public or could create liability for the Company or any third party;
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or privacy rights;
Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site or the Service; and/or
Terminate or suspend your access to all or any part of the Site for any or no reason, including, without limitation, any violation of these Terms of Use or any of the other Fanticipate Terms.

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.

Content Standards

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:

Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person or entity;
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with the Fanticipate Terms;
Be likely to deceive any person;
Promote any illegal activity, or advocate, promote or assist any unlawful act;
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter or advertising; or
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

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:

Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

General Counsel (legal@fanticipate.com)
Fanticipate Inc.
251 Little Falls Drive, Wilmington, Delaware 19808
Telephone: 651-271-9090

All notices should be sent to: legal@fanticipate.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

All information we collect through the Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Terms and Conditions related to Sellers

The terms and conditions specifically applicable to Sellers that make Auctioned Items available to be sold through our Site and the Service are governed by our Seller Form which the Company will make available to interested Sellers. When executed, the Seller Subscription Form will be incorporated into these Terms of Use.

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.

Geographic Restrictions

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.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, members, managers, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any actual or alleged claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including attorneys’ fees) arising out of or relating to your violation of the Fanticipate Terms or your use of the Site or the Service, including, but not limited to, your User Contributions, any use of the Site’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.

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.

Arbitration

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.

Waiver; Severability

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.

Entire Agreement

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: [info@fanticipate.com].

Auction Terms

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

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.

Open Auctions

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:

When the General Bidding Period ends, the highest bid becomes the leading bid and bidding is closed to new Bidders.
The Extended Bidding Period commences and an additional five minutes is added to the clock and previous Bidders have the ability to continue placing bids against other previous Bidders.
If there are no new bids during any five minute period during the Extended Bidding Period, then the Auction will close and the highest bid will be announced as the winner of the Auctioned Item and such Bidder will become the “Winning Bidder”.
If a new and higher bid is placed during the Extended Bidding Period, the clock (and Extended Bidding Period) extends another five minutes and bidding remains open.
At the end of the Extended Bidding Period (either because there have been no new higher bids in a five minute period or the Auction Deadline is reached), there will not be any additional extensions and the final bid wins.

Auto Bidding

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.

For example:

You make a bid of $100 on an item, and a maximum bid of $1,000 is set for Auto Bidding.
Your $100 bid is the leading bid. Another fan bids $110, outbidding you.
Fanticipate will monitor the bids being placed, and if an existing bid stands for 5 minutes, we will place a new bid on your behalf for $120.
This continues until a bid reaches $1,000. If someone else bids $1,000 before you they will be the leading bidder. Because your maximum bid is $1,000, you do not have enough budget left to bid the $1,010 required to outbid the existing leader.
During the Extended Bidding Period auto bidding will no longer be functional. Only manual bidding will be functional during the Extended Bidding Period.

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.

Fulfillment

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).

Reselling

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.

Disputes

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.