Terms of Use

About Fanatics Live UK. Fanatics Live UK is live commerce platform and marketplace which provides sellers with the ability to sell collectibles and merchandise and buyers with the ability to find and purchase high quality products. While Fanatics Live UK facilitates auctions and sales of products, Fanatics Live UK is not an auctioneer and is not a party to contract for sale between third-party sellers and buyers.

Using Fanatics Live UK. The Platform, including the information, products, content, and resources available on the Platform and/or through any Services, is protected by intellectual property laws throughout the world. Unless otherwise specified by Fanatics Live UK in a separate license, your right to use the Platform is subject to these Terms.

Certain Restrictions. You agree that you will not, will not attempt to, and will not allow any third party to: (a) license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Platform, the Services, or any portion of the Platform and/or Services, (b) frame or utilise framing techniques to enclose any trademark, logo, or other intellectual property (including images, text, page layout or form) of Fanatics Live UK (collectively and without limitation, the “Fanatics Live IP”); (c) use any metatags or other “hidden text” using Fanatics Live UK’s name or any Fanatics Live IP; (d) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Platform and/or Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any portion of the Platform and/or Services; (f) access the Platform and/or Services in order to build a similar or competitive digital property, platform, application or service; (g) copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means any part of the Platform and/or Services, except as expressly stated herein; and/or (h) remove, alter, or destroy any copyright or trademark notices or other proprietary markings contained on the Platform or within any Services. Any future release, update, or other addition to the Platform and/or Services shall be subject to these Terms. Fanatics Live UK, its affiliates, suppliers, and service providers reserve all rights not explicitly granted in these Terms. Any unauthorised use of the Platform and/or the Service automatically and immediately terminates the licenses granted by Fanatics Live UK pursuant to these Terms. These rights are non-exclusive, limited, and revocable by us at any time in our sole discretion without advance notice or liability. As your right to access and use the Platform and/or Services is personal to you, you may not assign nor transfer your right; any attempt to do so is void.

Third-Party Materials. As a part of the Platform or Services, you may have access to materials that are hosted by another party. Although we may review these third-party materials and remove those at our sole discretion which we determine are unsuitable for our Platform or inconsistent with our Community Guidelines, you agree that it is impossible for Fanatics Live UK to monitor all such materials in real-time and that you access these materials at your own risk.

Content

Types of Content. You acknowledge that all content available on or through the Platform and/or Services is the sole responsibility of the party from whom such content originated. This includes all other users as well as sellers and other third parties posting content, selling Products or Services on or through the Platform, or otherwise hosting breaking events, auctions, and other video broadcasts, whether live or pre-recorded. In relation to auctions conducted on the Platform, refer to our Auction Policy for details including the types of products permitted to be auctioned on the Platform. In the event that this Terms of Use and the Auction Policy conflict with regards to auctions specifically, the Auction Policy shall prevail. 

Content Generally. This means that, to the extent that you upload, post, host, e-mail, transmit or otherwise make available any content, including, for example and without limitation, live-stream trading card breaks (such content collectively, “User Content”) through the Platform, (a) you, and not Fanatics Live UK, are entirely responsible for all such User Content; and (b) other users, and not Fanatics Live UK, are similarly responsible for all User Content that such other users make available through the Platform.

Content Submission. By submitting User Content, you represent and warrant that each time you submit any User Content that you are at least 18 years of age and a resident in the United Kingdom and that, as to the User Content (a) you own or otherwise control all of the rights to your User Content, or you have the lawful right to submit the User Content and grant Fanatics Live UK the rights to it that you are granting by these Terms and any applicable Supplemental Terms, all without any obligation by Fanatics Live UK to obtain consent of any third-party and without creating any obligation or liability as to Fanatics Live UK, (b) you have obtained all required consents and releases, including, but not limited to, the right to use an individual’s name and likeness in accordance with an individual’s right of publicity, (c) you have not and will not violate any individual’s rights, including without limitation any intellectual property rights or rights under applicable privacy laws, (d) the use of your User Content does not violate this Agreement or applicable law, and will not violate any rights of or cause injury to any person or entity, and that (e) to the greatest extent permitted by law, you irrevocably and unconditionally waive (to the maximum extent permitted by law) any and all moral rights whatsoever, or any rights of a similar nature, in your User Content, for the benefit of or in favor of Fanatics Live UK, including any right to be associated with your User Content (right of paternity) or any right to restrict or prevent the modification or use of your User Content in any manner whatsoever (right of integrity). 

Restrictions on User Content. It is important that the Platform and/or Services be used safely, and in accordance with the law, for the enjoyment of all users. You agree that you will not, will not attempt to, and will not allow any third party to: (a) promote any illegal activity, or advocate, promote or assist any unlawful act; (b) 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 Terms, the Supplemental Terms, or the Privacy Policy; (c) transmit any material or content violates these Terms or our Community Guidelines, such as material that is pornographic, dehumanising, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist, xenophobic, or illegal; (d) transmit any material or content that attempts to falsely state or otherwise misrepresent your identity or affiliation with a person or entity; (e) transmit material or content that promotes, provides, or relates to instructional information about illegal activities or promotes physical harm or injury against any individual or group; (f) transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; or (g) transmit or encourage the transmission of any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, patent, or right of publicity, or which otherwise constitutes or promotes counterfeit materials or goods. For more information about our restrictions on certain kinds of User Content, visit our Community Guidelines.

No Obligation to Pre-Screen User Content. You acknowledge that Fanatics Live UK has no obligation to pre-screen User Content, although Fanatics Live UK reserves the right in its sole discretion to pre-screen, review, monitor, refuse or remove any User Content. By accessing the Platform, you irrevocably consent to such monitoring. Please see our Privacy Policy for further detail. If Fanatics Live UK pre-screens, refuses or removes any User Content, you acknowledge that Fanatics Live UK will do so for Fanatics Live UK’s benefit or in compliance with applicable laws and regulations. Without limiting the foregoing, Fanatics Live UK shall have the right to remove at its sole discretion any User Content that violates these Terms or is otherwise objectionable. For more information about our User Content Standards, visit our Community Guidelines.

Storage and Maintenance. Unless expressly agreed to by Fanatics Live UK in writing elsewhere, Fanatics Live UK has no obligation to store or otherwise maintain any User Content. Fanatics Live UK has no responsibility or liability for: (a) the deletion or accuracy of any User Content, including any User Content provided by you; (b) the failure to store, transmit or receive transmission of User Content; or (c) the security, privacy, storage, or transmission of other communications originating with or involving use of the Platform and/or Services.

User Conduct.

Cheating and Hacking. You agree that you will not, to the fullest extent permitted by law, under any circumstances:

Interfere with or damage the Platform and/or Services, including, without limitation, by using viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-site attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology;

Modify or cause to be modified any files that are a part of the Platform and/or Services;

Disrupt, overburden, or aid or assist in the disruption or overburdening of: (i) any computer or server used to offer or support the Platform and/or Services; or (ii) the enjoyment of the Platform and/or Services  by any other person;

Institute, assist, or become involved in any type of attack on the Platform and/or Services or other attacks or attempts to disrupt the Platform and/or Services;

Attempt to gain unauthorised access to the computers, servers or networks connected to the Platform and/or Services by any means other than the user interface provided by Fanatics Live UK, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device or software that is part of the Platform and/or Services;

Access, tamper with or use non-public areas of the Platform and/or Services, Fanatics Live UK’s computer systems, and/or the technical delivery systems of Fanatics Live UK’s providers;

Attempt to probe, scan, or test the vulnerability of any Fanatics Live UK system or network, or breach any security or authentication measures;

Disrupt or interfere with the security of, or otherwise cause harm to, the Platform and/or Services, systems, resources, servers, or networks connected to or accessible through the Platform and/or Services or any affiliated or linked sites; or

Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Fanatics Live UK or any of Fanatics Live UK’s affiliates or providers or any other third party (including another user) to protect the Platform and/or Services.

Commercial Activities. To the fullest extent permitted by law, you agree that you will not, under any circumstances (except to the extent expressly authorised by these Terms):

Reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the Platform and/or Services, or access to or use of the Platform and/or Services.

Upload, e-mail, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation in connection with the Platform;

Use the Platform or any part thereof for any commercial purpose without Fanatics Live UK’s prior written consent, including, but not limited to, communicating, or facilitating any commercial advertisement or solicitation; or

Market any goods for any business purposes on or in connection with the Platform and/or Services without Fanatics Live UK’s prior written consent.

Unauthorised Use or Access. You agree that you will not, under any circumstances:

Use the Platform for any illegal purpose including, without limitation, engaging in fraud, misrepresentation, or shill bidding;

Interfere or attempt to interfere with the proper functioning of the Platform and/or Services or connect to or use the Platform and/or Services in any way not expressly permitted by these Terms;

Systematically retrieve data or other content from the Platform and/or any Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods or by using bots, crawlers, spiders, or otherwise;

Use, display, mirror or frame the Platform and/or any Services, or any individual element within the Platform and/or any Services, Fanatics Live UK’s name, any Fanatics Live IP or other proprietary information, or the layout and design of any page or form contained on a page, without Fanatics Live UK’s express written consent;

Use any unauthorised software that accesses, intercepts, “mines” or otherwise collects information from or through the Platform and/or any Services or that is in transit from or to the Platform, including, but not limited to, any software that reads areas of RAM or streams of network traffic used by the Platform and/or any Services;

Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server, or the Platform and/or Services, whether by using a network analyzer, packet sniffer or other device;

Make any automated use of the Platform and/or any Services, or take any action that imposes or may impose (in Fanatics Live UK’s sole discretion) an unreasonable or disproportionately large load on the infrastructure of the Platform and/or any Services;

Bypass any robot exclusion headers or other measures Fanatics Live UK takes to restrict access to the Platform and/or Services, or use any software, technology, or device to send content or messages, scrape, spider or crawl on the Platform, or harvest or manipulate data;

Use, facilitate, create, or maintain any unauthorised connection to the Platform and/or any Services, including, but not limited to: (i) any connection to any unauthorised server that emulates, or attempts to emulate, any part of the Platform and/or Services; or (ii) any connection using programs, tools or software not expressly approved by Fanatics Live UK;

Save as permitted by law, reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Platform and/or Services;

Upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

Solicit or attempt to solicit personal information from other users of the Platform;

Register for more than one Account at any given time or register for an Account on behalf of an individual other than yourself;

Use the Platform and/or Services to collect, harvest, transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; or

Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, but not limited to, clear GIFs, 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”); or

Otherwise use the Platform and/or Services for purposes other than those for which they were designed.

Terms of Sale.

Order acceptance and cancellation. To place an order or bid for any Products or Services from the Platform, you will be required to create an Account. All pricing and payment terms for Products (“Terms of Purchase”) are as indicated at point of sale or otherwise on the Platform and/or through any Services in connection with such products, and any payment obligations you incur are binding. You may be able to cancel your order in accordance with our then-current Refund and Cancellation Policy or the Terms of Purchase applicable to the Product. In the event of a conflict between the Cancellation and Refund Policy and the applicable Terms of Purchase, the Terms of Purchase shall govern.

Purchase Terms. Products are made available at prices and subject to purchase terms and/or methods (e.g., via auction) identified in the Terms of Purchase applicable to such Products or as otherwise identified on the Platform and/or Services. Certain additional terms may be updated from time to time, may apply to your purchase of such Products.

Payment. When you pay with a credit or debit card, you must supply your card details when you place an order, in accordance with the Terms of Purchase. You agree to pay all fees and charges for each accepted order you make through the Platform. You agree that Fanatics Live UK may pre-authorise and charge your debit or credit card through our payment service provider’s portal. We reserve the right to verify the identity of the credit or debit cardholder by requesting appropriate documentation. We may seek pre-authorisation of your card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. If your card has been pre-authorised in connection with a bid that is not accepted, we will release such pre-authorisation once the auction is complete or once you have canceled such bid. Your payment will be charged to your credit or debit card once your order has shipped. If non-payment occurs due to a failed credit card transaction, then we may terminate the applicable order.

Our Platform currently accepts  Visa, MasterCard, and American Express credit and debit cards through our third party payment service provider. We use Stripe (“Payment Processor”) as our third party payment service provider. Your use of the Platform and the payment processing provided by the Payment Processor is subject to the Stripe Connected Account Agreement that includes the Stripe Platform Agreement, as may be modified by the Payment Processor from time to time (collectively, the “Payment Processor Agreement”). Stripe’s Privacy Policy can be found here. As a condition of using the Payment Processor’s payment processing, you must provide accurate and complete information, and you authorise us to share this information with the Payment Processor as per our Privacy Notice and to charge your payment method for all amounts that may become due under these Terms. All bank, credit card, or other payment information is sent directed to and stored with the Payment Processor using its security protocols. Fanatics Live UK does not store your payment information on its systems and shall not have any responsibility for the safety or security of that information. Your use of the Payment Processor’s payment processing is conditioned upon your compliance with the Payment Processor Agreement, and if the Payment Processor Agreement is terminated by the Payment Processor, you may not be able to use the Platform, or you may have your use of the Platform suspended or terminated. We may change or add other payment processing services at any time upon notice to you, which may be subject to additional terms or conditions. By purchasing a product on the Platform, you consent and authorise our use of the Payment Processor to process your payment. We disclaim all liability with regards to any fees or problems you have with our Payment Processor.

Want to know more? Please reach out to our customer service at support@fanatics.live for additional information. Our payment service provider and the credit and debit cards we accept may change without notice.

Prices, taxes, fees. Unless otherwise indicated, the prices listed for Products and Services provided by Fanatics Live UK on the Platform are inclusive of VAT, where applicable. Shipping, and handling charges are additional and will be set out separately. You are responsible for payment of any taxes, duties, levies, fees, or other similar charges resulting from your order (other than taxes imposed on Fanatics Live UK’s income) and we are not responsible for collecting, reporting, paying, or remitting to you any such taxes, fees, or charges. Please notify Fanatics Live UK promptly should you believe your order has a pricing error. Fanatics Live UK reserves the right to change prices at any time.

Shipping. Shipping for Products purchased on the Fanatics Live UK Platform is fulfilled by the third party seller of that particular Product in accordance with Fanatics Live UK’s then-current Refund and Cancellation Policy, as may be updated from time to time. Shipping can only be made to a UK address.

Risk of Loss. The risk of loss and title for Products you purchase pass to you upon our delivery of the Products to you. Replacement of Products and credits for shipped products claimed as not received are subject to investigation, which may include notifying the carrier. See our Refund and Cancellation Policy for details on how to contact us or the seller of the Product if there is a problem with delivery of a Product. 

Tracking your order. As your order ships, you may receive an email providing the shipment tracking number(s). To see the detailed progress of your shipment, click on the tracking number link provided in your email. Please note that tracking detail may not be active immediately with FedEx or any other carrier; in that case, check back in several hours or the following day. Tracking information and support is provided by our third-party service provider. We disclaim all liability in connection with tracking information or associated support.

Refund Policy. All requests for refunds are processed in accordance with Fanatics Live UK’s then-current Refund and Cancellation Policy, as may be updated from time to time in Fanatics Live UK’s sole discretion. 

Disclaimers. Please note that Fanatics Live UK reserves the right to decline or cancel orders in our sole discretion, in whole or in part, at any time, including after acceptance, in which case we will return any amounts already paid for any portions of any orders that have been cancelled. Except for any obligations that may be set forth in our then-current Refund and Cancellation Policy, if any, we will have no liability for any such declined or cancelled orders. Fanatics Live UK may also limit the quantity of Products available to purchase, whether generally or by any individual user, at any given time or period or in connection with any specific auction or other sale. 

Data Protection and Privacy

As part of the Services, Fanatics Live UK has access to various information about users, including personal data. This includes information that users submit to Fanatics Live UK as part of the Services (such as contact information or item descriptions) as well as information that is generated by the provision and processing of the Services (such as ratings, sales analysis or communication). For information regarding the processing of personal data by Fanatics Live UK, including sharing such data with third parties and your rights as a data subject, please see our Privacy Policy. 

If you are a seller on the Platform we and you shall process personal data received under and/or in connection with our Services each as a separate and independent controller. In no event will Fanatics Live UK and you process personal data under and/or in connection with the Services as joint controllers or in a controller-to-processor relationship. As such separate and independent controllers, you shall be individually and separately responsible for complying with the obligations that apply to you as a controller under applicable data protection laws.

LIMITATION OF LIABILITY.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

If you are a seller on the Platform. We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: (a) use of, or inability to use, our site; or (b) use of or reliance on any content displayed on our site. In particular, we will not be liable for: (a) loss of profits, sales, business, or revenue; (b) business interruption; (c) loss of anticipated savings; (d) loss of business opportunity, goodwill or reputation; or (e) any indirect or consequential loss or damage.

If you are a consumer user on the Platform. We only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We are not responsible for disputes, fraud, or failed transactions between users, except where we have failed to enforce our platform policies or prevent fraud. We do not verify the identity, legality, or quality of Products provided by users, unless required by law. Any disputes must be resolved between the buyer and seller, unless otherwise stated in our policies.