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Thank you for choosing to partner with FanBasis ("FanBasis," "we," "us," or "our") as a Seller on our platform. These Seller Terms of Service ("Terms") govern your use of the FanBasis platform in your capacity as a Seller, and apply to your access to and use of the tools, features, services, and software made available by FanBasis to list, market, sell, manage, and fulfill digital or physical offerings (collectively, the "Platform").
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
These Terms form a legally binding agreement between you, the Seller ("Seller"), and FanBasis. By registering as a Seller, offering any products or services on the Platform, accessing your Seller dashboard, or using any part of the Platform's seller tools or features, you confirm that you have read, understood, and agreed to be bound by these Terms, along with any applicable addenda (including our Privacy Policy and Community Guidelines).
IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT REGISTER AS A SELLER OR USE THE PLATFORM IN THAT CAPACITY.
IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION:
THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND A WAIVER OF CLASS ACTION RIGHTS. EXCEPT AS EXPRESSLY SET FORTH IN THE DISPUTE RESOLUTION SECTION BELOW, ANY DISPUTES BETWEEN YOU AND FANBASIS MUST BE RESOLVED THROUGH FINAL, INDIVIDUAL ARBITRATION. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS OR COLLECTIVE ACTION. PLEASE REVIEW THAT SECTION CAREFULLY.
By continuing to access and use the Platform as a Seller, you represent and warrant that you are authorized to do so, and that you have the authority to bind your business or organization to these Terms.
FanBasis is a proprietary digital commerce platform that enables approved Sellers to market, monetize, and manage their online offerings, including digital products, subscriptions, virtual experiences, and community access. The platform includes built-in integrations with third-party services for payment processing, Buy Now Pay Later (BNPL) functionality, subscription tools, affiliate marketing infrastructure, and customer engagement systems. By registering as a Seller and accessing the FanBasis platform, you are entering into a binding agreement to use the Services solely for lawful business or commercial purposes. Sellers remain fully responsible for the accuracy, quality, legality, and fulfillment of any goods, services, or experiences offered via the platform.
To access the FanBasis Seller Services, you must register for a Seller account. In doing so, you agree to provide FanBasis with complete, accurate, and current information, including but not limited to your legal name or entity name, business address, contact information, tax documentation, and a valid email address. You further agree to promptly update this information should any changes occur.
By registering, you affirm that you are acting on behalf of a legitimate business or organization and that you are authorized to bind such business or entity to these Terms. You also confirm that you are not registering on behalf of, or for the benefit of, any third party or any individual or entity whose access to FanBasis or its affiliated services (such as Stripe) has previously been suspended or terminated, unless you have obtained explicit written approval from FanBasis.
You acknowledge and agree that you are personally liable for all activity, obligations, and financial outcomes arising from your use of the Services. If you are under the legal age to enter into a binding contract (which is commonly 18 years old), you may only register with the express consent of your parent or legal guardian, who must also agree to be legally bound by these Terms. Under no circumstances may anyone under the age of 13 use the FanBasis platform.
FanBasis may, from time to time, revise or update these Terms. Revisions will be effective immediately upon posting, except that material changes applicable to existing users will take effect thirty (30) days after notice is provided, unless otherwise stated. We may also require you to accept modified Terms in order to continue accessing or using the Services. Your continued use of the FanBasis platform after any such changes constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must cease using the Services and remove any associated Seller Content or data from the platform. Except as expressly permitted in this Section 1.3, these Terms may be modified only by a written agreement signed by authorized representatives of both parties.
The individual or legal entity that first connects a verified payment account to their Seller profile is recognized by FanBasis as the Account Holder and the sole controller of all revenue associated with that payment method. Only the Account Holder has the authority to request modifications, disconnections, or replacements of payment settings.
If a payment account is disconnected, any new account subsequently added will assume the same control status. FanBasis will not mediate, arbitrate, or intervene in internal disputes among parties claiming ownership of a Seller account or any associated earnings. You are solely responsible for managing and resolving all third-party conflicts regarding account access or payment rights.
To activate certain financial or transactional features of the FanBasis platform, including the ability to collect payments or receive disbursements, you may be required to complete identity verification protocols and compliance screening processes through a FanBasis-authorized third-party payment processor or partner (each, a "Payment Provider(s)").
You agree to provide accurate, current, and complete information in connection with these verification processes, and authorize FanBasis and its Payment Providers to request, process, and store such data for regulatory and operational purposes. The completion of any onboarding or verification process does not guarantee access to the platform or continued eligibility. FanBasis and/or its Payment Providers may reject, suspend, or revoke your ability to operate a Seller account at any time in their sole discretion.
FanBasis and its Payment Providers may periodically require additional documentation, disclosures, certifications, or verification steps from you to confirm compliance with applicable laws, contractual obligations, risk policies, and platform standards. This may include proof of identity, tax records, updated ownership data, or clarification regarding your offerings or customer activity.
You agree to promptly comply with any such request. Failure to do so may result in the withholding of payouts, service suspension, platform restrictions, or full account deactivation without further notice. FanBasis may also update, enhance, or modify its verification standards at any time, including transitioning to new Payment Providers, to meet business, technical, or regulatory needs.
FanBasis reserves the unrestricted right to review, monitor, evaluate, and audit any Seller account by any means necessary to preserve the security, integrity, and lawful operation of the FanBasis platform. This includes but is not limited to internal assessments, automated flagging systems, manual audits, third-party reporting tools, partner reviews, or requests from financial institutions, payment providers, or law enforcement. FanBasis may exercise these rights at any time, with or without notice to you.
You acknowledge and agree that FanBasis may take any corrective or protective action it deems appropriate — including suspending features, restricting access, delaying payouts, or terminating your Seller account — based on the outcome or suspicion resulting from such an evaluation. FanBasis is under no obligation to disclose the existence, nature, or results of any review, and retains full discretion to act in the interest of platform safety, legal compliance, or business risk mitigation.
FanBasis retains the right, at its sole discretion, to suspend or terminate any Seller's access to the platform or features therein, without notice, for any reason or no reason, including suspected fraud, abuse, non-compliance, regulatory request, or reputational risk.
As a Seller, you are solely responsible for maintaining the confidentiality and security of your FanBasis account, including all login credentials, passwords, connected emails, and any linked third-party integrations or tools. You accept full liability for any activity conducted through your account, whether authorized by you or not, and FanBasis disclaims all responsibility for losses or damages resulting from your failure to adequately secure your access credentials.
By accessing the Seller Services, you agree to the following use restrictions and operational standards:
FanBasis is not a bank, payment institution, money transmitter, or financial advisor. It does not provide escrow, settlement, custodial, or investment services, and does not hold, control, or guarantee any funds payable to or from any Seller. All financial processing is performed exclusively by independent third-party Payment Providers.
You acknowledge and accept that your relationship with any such Payment Provider is separate from your relationship with FanBasis and governed by that provider's own terms and policies. FanBasis is not responsible for the availability, performance, approval, or decisions made by such providers, and disclaims all liability for delays, failures, or reversals related to third-party services.
If you fail to complete any required identity verification or ongoing compliance request — or if any Payment Provider restricts, revokes, or flags your access for any reason — FanBasis may take any action it deems necessary to protect the platform or its users. This includes but is not limited to:
FanBasis shall not be held responsible for any direct or indirect loss of business, income, access, or opportunity resulting from your failure to comply with these Terms or the policies of our Payment Providers.
FanBasis retains the absolute and unrestricted right to deny, suspend, limit, or permanently cancel any Seller account at any time, with or without cause, notice, or liability. This right exists independently of any other rights outlined in these Terms and applies regardless of whether the Seller has completed onboarding or is actively using the platform.
You acknowledge and agree that your continued access to the FanBasis platform is subject to ongoing review and evaluation by FanBasis, which may be conducted at any time and for any reason, using both manual and automated methods. These evaluations may include, without limitation:
At any time, FanBasis may require you to confirm or update information, respond to questions, submit supporting documentation, or cooperate with internal audits or third-party reviews. You agree to respond promptly, fully, and truthfully to any such request. Failure to comply may result in immediate suspension or termination of your account, withholding of funds, or removal of your listings.
FanBasis is not obligated to provide a reason or explanation for any enforcement action. You expressly waive any right to damages, lost profits, or business opportunities resulting from such actions. FanBasis shall not be liable to you or any third party for any harm, interruption, or consequence that arises from our enforcement of these rights.
Furthermore, FanBasis may modify, limit, discontinue, or withdraw access to any features, services, or content described on the platform at any time, with or without notice, and without any liability to you. Any dated information provided through the platform is current as of its publication date only. FanBasis does not undertake any obligation to update, revise, or continue offering any particular feature, content, or service. FanBasis reserves the right to suspend or shut down any portion of its platform, features, or offerings at its sole discretion, including where such services would violate applicable laws or third-party restrictions in any jurisdiction.
This Section shall survive the termination of your Seller account and will remain in full force and effect.
As a Seller on FanBasis, you are solely responsible for your business activities, offerings, customer interactions, and the legality and accuracy of all content, services, and representations made through your account. FanBasis is not a party to any transaction between you and your customers. You are the merchant of record for all sales and are fully accountable for customer fulfillment, pricing, compliance, and ongoing support.
You agree that:
You acknowledge and agree that you may only use the FanBasis platform in full compliance with these Terms and applicable law. Except where prohibited by law, you further agree not to, and will not permit any third party to, directly or indirectly:
FanBasis may investigate any suspected violation of this Section, and you authorize us to cooperate with any applicable authorities or third-party service providers to disclose any information we deem necessary — including account data, transaction history, and communications — if we believe you or your account have been used in connection with unauthorized, illegal, or prohibited conduct.
Violation of this Section may result in immediate suspension, restriction, or permanent termination of your access to the Services, removal of content, forfeiture of funds, and legal action. FanBasis reserves the right to determine what conduct constitutes a violation of these restrictions in its sole and final discretion.
Fees for use of the Services may vary depending on the specific features activated by the Seller and may include, without limitation, subscription fees, per-transaction fees, commissions on sales, and usage-based platform fees. Fee structures applicable to your account will be presented via the FanBasis dashboard, published pricing documentation, or specified in a custom written agreement where applicable. FanBasis may revise its fees at any time, with notice provided where required by law. It is your responsibility to regularly review all applicable fee terms. Any discounts or promotional pricing made available to other Sellers will not apply to your account unless expressly confirmed in writing by FanBasis.
All payments to Sellers are facilitated by a third-party payment processor (the "Payment Processor") designated by FanBasis. To receive disbursements, you must maintain an active, compliant account with an approved Payment Processor. You hereby authorize FanBasis and its Payment Processor to collect and hold payments from Buyers on your behalf, deduct applicable fees, reverse or refund payments as necessary (based on in good faith and at our sole discretion), and disburse remaining balances to your linked account. You are solely responsible for keeping your payment and banking information accurate and up to date, complying with all required identity verification (KYC/AML) procedures, and cooperating with any legal, tax, or operational reviews. Failure to meet these responsibilities may result in delays, account suspension, or permanent withholding of funds.
FanBasis may deduct fees, penalties, or other amounts owed from any current or future payments due to you, including—but not limited to—subscription or platform service fees, processing charges, chargebacks, refunds, or any costs resulting from a violation of these Terms. In the event your account lacks sufficient funds, or your designated payment method fails, you expressly authorize FanBasis and its Payment Processor to debit any linked payment account or credit card to recover amounts owed. FanBasis may also offset outstanding amounts from future earnings without further notice.
FanBasis may withhold or delay the disbursement of funds at any time for reasons including, but not limited to: suspected fraud or misuse; violations of these Terms; excess refund or chargeback activity; risk analysis; failure to comply with documentation or audit requests; or instructions from banks, processors, or regulators. FanBasis reserves the right to hold funds for up to 180 days—or longer, if required by law or risk mitigation considerations. You acknowledge that FanBasis will not be liable for any damages or losses resulting from the exercise of these rights.
Additionally, FanBasis has the sole and absolute right to initiate refunds to Buyers—with or without your consent—if we determine, in our sole discretion, that you have misused the Services, failed to deliver on promises made, violated policies, or generated complaints indicative of unfair, deceptive, or unlawful conduct. This right applies even if you dispute the basis for the refund. You waive any objection to FanBasis exercising this authority.
Sellers are fully and independently responsible for determining, collecting, reporting, and remitting all taxes that may apply to their activities through the FanBasis platform, including but not limited to sales tax, VAT, income tax, and other statutory levies. Where required, FanBasis may withhold and remit taxes on your behalf. If you are tax-exempt, you must provide documentation acceptable to FanBasis. Additionally, FanBasis may report Seller earnings to the IRS or other authorities (e.g., via Form 1099), and may share Seller account details to comply with applicable law.
If you subscribe to any recurring service through FanBasis, you expressly authorize FanBasis or its designated Payment Processor to charge your designated payment method on a recurring basis (e.g., monthly or annually, as applicable). Unless otherwise stated in writing, all subscriptions automatically renew at the end of the applicable billing period for a successive term of equal length, at the then-current rate.
You must notify FanBasis in writing at support@fanbasis.com at least thirty (30) days prior to the end of your then-current subscription term if you wish to cancel or prevent renewal. If you fail to provide such notice, your subscription will automatically renew, and you authorize continued billing without further notice. You are solely responsible for maintaining up-to-date payment information and monitoring renewal deadlines.
All fees are non-refundable once billed, unless otherwise required by applicable law. Cancellation requests submitted after a renewal has processed will apply to the following billing cycle only. FanBasis is not obligated to issue refunds or credits for partial use, early termination, or unused features.
If your account becomes delinquent, FanBasis may suspend access to your Seller account, pause or disable sales activity, or initiate formal collection actions. These may include reporting to credit agencies, engaging legal counsel, or employing third-party collection agencies. You agree to pay all reasonable fees and costs incurred by FanBasis to collect unpaid amounts, including legal and agency fees.
FanBasis makes no representation, warranty, or guarantee as to the success, profitability, or revenue potential of your Seller activities on the platform. All Services, software, features, and integrations are provided "AS IS," "AS AVAILABLE," and WITHOUT WARRANTY OF ANY KIND. This includes, but is not limited to, any warranties of merchantability, fitness for a particular purpose, or that Services will be uninterrupted, timely, secure, or error-free. You assume all risks related to your use of the platform, and FanBasis shall not be liable for any loss of income, lost goodwill, business interruption, or any indirect, incidental, or consequential damages.
FanBasis retains the right to suspend or terminate any account with outstanding unpaid amounts. In addition to any amounts owed for the use of the Service, delinquent accounts may be subject to incidental fees, including but not limited to chargeback processing fees, collection agency fees, and administrative costs. If the payment method linked to an account becomes invalid at the time a renewal or fee is due, FanBasis may, at its sole discretion, delete the account and associated data, including User Content, without liability.
Sellers are fully and independently responsible for all chargebacks, returns, refund obligations, and associated penalties incurred in connection with their use of the FanBasis platform. In the event that a Seller's account experiences elevated dispute levels, including but not limited to a high frequency of chargebacks, payment reversals, or other negative transaction trends, FanBasis may transfer any costs incurred by such activity directly to the Seller. FanBasis reserves the right to suspend, limit, or terminate platform access at its sole discretion in connection with any such adverse indicators.
If FanBasis determines in its discretion that an account is associated with fraud, abuse, or unauthorized conduct, FanBasis may instruct its third-party payment processor to reverse, withhold, or reclaim disbursed funds. Sellers are solely liable for any such payments and agree that additional fees may be imposed to cover administrative, legal, or operational costs stemming from such activity. These provisions apply notwithstanding any contrary language in other agreements.
Sellers, and any successor entities or purchasers of their business or account, remain jointly and severally liable for any chargebacks, disputes, or financial discrepancies arising before or after such sale or transfer. In the event of a transfer of ownership or assignment of platform rights, all related liabilities and obligations transfer to the acquiring party. Failure to notify FanBasis of a change in ownership does not discharge the Seller or the acquiring party from these obligations.
Sellers agree to indemnify, defend, and hold harmless FanBasis, its affiliates, officers, and employees from all liabilities, losses, damages, expenses, and costs (including reasonable attorneys' fees) arising from or relating to any disputed transactions, chargebacks, or refunds. This obligation extends to successor entities and survives any termination or assignment of the account.
FanBasis may, in its discretion, maintain a reserve account funded from Seller proceeds or direct deductions to safeguard against current or anticipated disputes. FanBasis may maintain such reserves for a period it deems commercially appropriate. Sellers authorize FanBasis to communicate directly with financial institutions to recover owed amounts and consent to FanBasis asserting a lien or security interest against Seller business assets or personal accounts for outstanding obligations.
FanBasis may suspend, delay, or restrict access to account funds when required by law, payment network rules, or the policies of its banking or payment processing partners. Holds may also be imposed during compliance reviews, fraud investigations, or pending regulatory inquiries. While FanBasis will endeavor to act in a commercially reasonable timeframe, such restrictions may extend up to one hundred eighty (180) days or as required by third-party directives.
FanBasis maintains broad discretion to determine when account behavior constitutes excessive risk, policy violation, or exposure to financial loss. Actions taken may include: withholding funds, suspending pay-ins, revoking feature access, or permanently banning accounts. Such decisions are not subject to appeal and may be taken in parallel with or in addition to actions taken under other sections of these Terms.
Nothing in this Section limits FanBasis's rights under any other section of these Terms, nor shall it be interpreted to waive or restrict FanBasis's ability to take immediate action in response to suspected fraud, regulatory violations, unlawful activity, or breaches of agreement. All rights and remedies are cumulative and may be exercised concurrently or separately at FanBasis's discretion.
If any Seller fails to pay amounts owed to FanBasis—whether for fees, chargebacks, refunds, penalties, or other financial obligations under these Terms—FanBasis may pursue recovery by any and all lawful means. These remedies include, without limitation: (i) engaging third-party collection agencies; (ii) initiating litigation or administrative action; (iii) reporting the delinquency to credit bureaus or relevant authorities; (iv) withholding, offsetting, or freezing current or future payouts; and (v) pursuing recovery directly from successor entities, affiliated businesses, or individuals involved in the operation of the Seller account. FanBasis shall be entitled to recover from the Seller and any Guarantor all reasonable costs of enforcement, including attorneys' fees, court costs, expert fees, and expenses related to collections or proceedings initiated under this Section. These rights are cumulative of all other remedies available under law, equity, or contract, and may be exercised separately or concurrently at FanBasis's sole discretion.
PERSONAL GUARANTY. As a condition of using the platform, FanBasis may require that any principal, officer, or authorized representative of the Seller personally, unconditionally, and irrevocably guarantees the full payment and performance of all obligations owed to FanBasis (a "Guarantor"). By operating or registering a Seller account, such individuals agree to be held jointly and severally liable for all amounts due, including in the event of a business closure, sale, or insolvency. FanBasis may proceed directly against the Guarantor without first exhausting remedies against the Seller entity. This Personal Guaranty shall survive any change in ownership, dissolution, or bankruptcy of the Seller, and remains enforceable until all outstanding obligations are satisfied in full.
FanBasis is a digital commerce platform designed to help Sellers market, distribute, and deliver products and services to Customers. The platform integrates tools for order coordination and payment facilitation. When a Customer purchases through the platform, payments are processed via a licensed third-party payment processor. These funds are allocated to the Seller's connected account, and FanBasis does not take custody of, commingle, or exercise control over the underlying funds.
Seller balances on the platform are reflected via an internal ledger system as "FanBasis Credits." These credits represent the Seller's available funds held by the integrated payment provider and are for dashboard reference only. FanBasis Credits are not currency, stored value, or redeemable instruments, and they cannot be transferred between users or outside the platform. FanBasis does not issue or hold prepaid access tools or manage stored value systems.
FanBasis does not independently transmit or redirect funds. All payments are routed through and settled by the third-party payment processor. The platform merely facilitates the interface for transaction initiation. Once payment is successfully processed, the funds are considered allocated to the Seller's connected account, and FanBasis does not otherwise intervene or modify the transmission process.
Sellers are the sole parties responsible for the goods and services sold through FanBasis, including all matters related to fulfillment, refunds, disputes, and chargebacks. While FanBasis may offer tools to initiate refunds via the processor's interface, the Seller remains financially liable, and such reversals are drawn from the Seller's designated balance. FanBasis does not guarantee, insure, or absorb liability for any Customer transaction or dispute.
By using FanBasis, Sellers authorize FanBasis to coordinate with third-party processors for the limited purpose of collecting payments on the Seller's behalf. This authorization reflects an operational model wherein payment made to the platform is treated as payment to the Seller, as part of an integrated commercial transaction. FanBasis does not engage in standalone financial or money transmission activities.
Sellers agree to provide any documentation or information reasonably requested by FanBasis to confirm business identity, investigate activity, or satisfy compliance obligations. FanBasis may suspend access or delay payouts until requested materials are provided. FanBasis reserves the right to review Seller accounts periodically, with or without notice.
FanBasis structures its payment facilitation to operate within recognized exemptions under applicable financial regulations. However, certain jurisdictions may interpret platform involvement more restrictively. These Terms do not constitute a guarantee of regulatory exemption or license status. Sellers are responsible for understanding and complying with all laws relevant to their operations, including tax, financial, and consumer protection laws.
The FanBasis platform is provided "as is" and "as available." FanBasis makes no warranties—express or implied—regarding regulatory outcomes, compliance status, or financial licensing. FanBasis disclaims all liability for seller actions or misuse of the services and for failures to comply with third-party payment provider requirements or applicable law.
Sellers retain ownership of all content submitted to FanBasis, including brand assets, product listings, media, and other materials ("Seller Content"). FanBasis does not claim ownership over Seller Content but requires a license to use it to operate the Services.
By uploading or submitting Seller Content to the platform, you grant FanBasis and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, and sublicensable license to use, display, reproduce, distribute, publish, adapt, and create derivative works from such content. This includes promotional, operational, and archival uses. The license survives termination only to the extent needed to comply with ongoing obligations or preserve transaction history.
You represent and warrant that you hold all necessary rights to the Seller Content and that it does not infringe upon any third-party rights or violate any laws. You further agree not to upload or distribute content that is misleading, offensive, illegal, or in violation of any policy established by FanBasis.
Sellers are strictly prohibited from submitting content that:
FanBasis may, in its discretion, remove or restrict access to any content deemed to violate these Terms or pose a risk to users or the platform.
FanBasis is under no obligation to actively monitor Seller Content or user activity on the platform. However, FanBasis reserves the right, at any time and in its sole discretion, to review, screen, monitor, remove, report, block, filter, mute, or disable access to any content uploaded to or transmitted through the Service. This includes content that FanBasis determines, in its judgment, may be unlawful, offensive, harmful, infringing, or otherwise objectionable or inconsistent with the integrity or intended purpose of the platform. Sellers acknowledge that by using the Service, they may be exposed to content they find objectionable or offensive. FanBasis does not assume any responsibility or liability for any content posted by users, or for any loss, harm, or damage resulting from the use of or reliance on such content. You further acknowledge and agree that FanBasis may, for operational, compliance, or legal purposes, monitor and inspect content and communications transmitted through the Service. Such monitoring may include the examination, logging, copying, and use of information in accordance with our Privacy Policy. The decision to monitor in any particular instance does not waive or impose any obligation on FanBasis to monitor generally.
By submitting Seller branding or trademarks, you grant FanBasis a non-exclusive, royalty-free license to use such marks in connection with the promotion and delivery of your products and services. This license includes usage in marketing, search results, listings, and internal communications. It continues post-termination only to the extent necessary to fulfill prior transactions or legal requirements.
The FanBasis platform—including all design, code, content, interfaces, and underlying infrastructure—remains the sole property of FanBasis or its licensors. Sellers receive no rights or licenses except those explicitly granted under these Terms. Unauthorized use, reproduction, or distribution of FanBasis's proprietary content is strictly prohibited.
These Terms shall remain in effect from the date you first access or use the Services and will continue in full force unless terminated in accordance with this Section. If you have executed a separate written agreement with FanBasis, the terms of that agreement shall control in the event of a conflict with this Section.
FanBasis may, in its sole and absolute discretion, suspend, restrict, or terminate your Seller account, access to the Services, or any portion thereof, at any time, with or without notice or liability, and for any reason or no reason, including but not limited to:
FanBasis is not obligated to provide a reason for termination and is under no obligation to reinstate access once suspended or revoked.
Unless otherwise agreed to in writing by FanBasis, you may terminate your Seller account and discontinue use of the Services at any time by providing written notice to FanBasis. However, termination shall not relieve you of any obligations accrued prior to the termination date, including the fulfillment of customer orders, payment of outstanding fees, or resolution of pending matters.
Upon termination:
FanBasis shall not be liable for any resulting losses, including lost revenue, goodwill, or customer relationships. You are solely responsible for maintaining backups of any content or data uploaded to the platform.
If your account is suspended or terminated for breach, fraud, excessive disputes, or non-compliance with these Terms or applicable law, FanBasis reserves the right to withhold any funds in your account. FanBasis may, in its sole discretion, return such funds to buyers, apply them against liabilities, or transfer them to a third-party payment processor or governmental authority pursuant to unclaimed property or escheatment laws.
FanBasis reserves the right to report suspicious activity to regulators, processors, or law enforcement. Where required to do so by applicable law or contractual obligation, FanBasis may disclose user data or transaction records. You acknowledge that FanBasis is not liable for withholding funds or suspending services in connection with regulatory investigations, risk assessments, or suspected fraud.
In the event your Seller account is terminated due to a breach of these Terms, fraudulent activity, misuse of the Services, or other unauthorized conduct, you shall be strictly prohibited from re-registering or accessing the FanBasis platform under any alternate name, account, business entity, or identity without the prior express written consent of FanBasis. Upon such termination, FanBasis shall retain the exclusive right to set off, withhold, or apply any amounts due and owing to FanBasis—including, without limitation, platform fees, penalties, chargebacks, refund liabilities, or indemnifiable losses—against any amounts otherwise payable to you. You expressly authorize FanBasis and its designated Payment Provider(s) to execute such offsets and take any action necessary to enforce the foregoing. Any residual funds remaining following applicable offsets or adjustments shall be deemed proprietary funds subject to applicable escheatment, unclaimed property, or abandonment laws, and you hereby authorize FanBasis to act on your behalf to ensure full compliance with any such obligations. Further, should FanBasis determine, in its sole and exclusive discretion, that any portion of the funds held in your account arose from fraud, illegality, or willful misconduct, such funds shall be deemed forfeited and may be retained or disposed of at the direction of FanBasis or its Payment Provider(s), without liability to you, and FanBasis may disclose such conduct to regulatory or law enforcement authorities as required or appropriate under applicable law.
All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to: payment obligations, content and intellectual property licenses, indemnification obligations, disclaimers of warranty, and limitations of liability.
Sellers retain ownership of all original content they submit, upload, publish, broadcast, or otherwise transmit ("Post") to the FanBasis platform in connection with their offerings ("Seller Content"). This includes, without limitation, product descriptions, media assets, branding materials, pricing information, and any works of authorship. FanBasis does not claim ownership of Seller Content but requires certain usage rights in order to operate, promote, and improve the platform.
By Posting Seller Content, you grant FanBasis and its affiliates a worldwide, non-exclusive, royalty-free, fully paid, perpetual, irrevocable, sublicensable, and transferable license to use, display, reproduce, distribute, store, archive, publish, adapt, create derivative works from, publicly perform, and otherwise utilize such Seller Content for the purpose of operating and improving the FanBasis platform and delivering associated services. This license includes, without limitation, promotional use, placement in search results or recommendations, and use in connection with audits, legal compliance, support functions, or dispute resolution. This license survives account termination to the extent needed to comply with legal obligations, support historical transaction records, or enforce these Terms.
By Posting Seller Content, you represent and warrant that:
Sellers are solely and entirely responsible for all Seller Content they provide, including any consequences, disputes, liabilities, or legal claims that arise from such content. FanBasis is not responsible for any representations, warranties, or claims made by Sellers through Seller Content, and makes no endorsement or guarantee regarding any product or service described therein. You agree to indemnify and hold harmless FanBasis, its affiliates, and personnel from all liability, losses, or damages arising out of or related to your Seller Content.
FanBasis retains the full right, but not the obligation, to monitor, review, filter, or remove Seller Content at any time and for any reason, including, but not limited to:
FanBasis is not required to disclose the basis or process for such actions and bears no liability for decisions made under this provision. Monitoring may include examination, recording, or archival of Seller Content or communications, in accordance with our Privacy Policy.
Nothing in these Terms grants any Seller rights in or to FanBasis's proprietary technology, trademarks, software, user interface, infrastructure, or platform design. All rights, title, and interest in and to the FanBasis platform remain exclusively with FanBasis and its licensors. Sellers may not copy, distribute, modify, or derive works from FanBasis materials without prior written consent.
FanBasis does not guarantee that Seller Content will remain accessible after removal or account termination. You are solely responsible for maintaining independent backups of any content or data that is valuable to your business or required for compliance or tax purposes.
Sellers acknowledge and agree that their use of the FanBasis platform is subject to FanBasis's Privacy Policy and all applicable data protection laws and regulations. FanBasis is committed to protecting the privacy of its users and expects all Sellers to adhere to the same standard when collecting, handling, or processing any personal information through the Services. In particular, Sellers must not collect, target, or knowingly interact with individuals under the age of 13 in violation of the Children's Online Privacy Protection Act ("COPPA") or similar laws. FanBasis does not knowingly permit the registration or participation of individuals under the age of 13 on its platform, and any content, product, or experience offered by a Seller must comply with this restriction. Sellers are responsible for understanding and complying with all applicable laws governing user privacy, data collection, and age restrictions. Failure to do so may result in immediate account suspension or termination, removal of content, and other actions as described in these Terms. For more information on how FanBasis collects, uses, and protects personal data, please review our full Privacy Policy.
In connection with your use of the Services, FanBasis may offer or require integrations with external platforms, accounts, or systems operated by third parties ("Third-Party Accounts"). These may include, but are not limited to, services such as Stripe, Discord, Google, Twitter, Facebook, and other tools that facilitate communication, content delivery, payment processing, community management, or analytics.
By linking or authorizing access to any Third-Party Account, you expressly grant FanBasis permission to access, retrieve, use, store, transmit, and otherwise process information, data, content, and account credentials from such services on your behalf, solely to the extent required to enable features of the FanBasis platform. You acknowledge that this authorization remains in effect until explicitly revoked by you and may be required as a condition of using certain portions of the Service.
You are solely responsible for the security and ongoing management of any Third-Party Account credentials used in connection with the Services. You must maintain accurate and up-to-date credentials and take reasonable steps to safeguard your login information. FanBasis disclaims all responsibility for access or activity resulting from your failure to do so.
You acknowledge and agree that FanBasis does not control, and is not responsible for, the availability, functionality, policies, or terms of any Third-Party Account or service. FanBasis cannot guarantee the continued compatibility of the Service with any Third-Party Account, and reserves the right to disable or remove integrations at any time without notice or liability. You further acknowledge that the providers of such Third-Party Accounts may impose their own terms of use, privacy policies, and compliance standards, which you are solely responsible for reviewing and adhering to.
FanBasis may restrict or revoke your access to the Services in the event that your Third-Party Account is compromised, suspended, or otherwise becomes non-compliant with applicable laws or third-party terms. In such cases, FanBasis shall not be responsible for any resulting loss of access, data, or functionality.
Nothing in these Terms shall be construed to imply any sponsorship, partnership, or joint venture between FanBasis and any third-party provider. FanBasis's access to or use of Third-Party Accounts is provided solely as a convenience to you and is governed by the limitations of liability set forth in Section 11.
THE FANBASIS PLATFORM, INCLUDING ALL SOFTWARE, TECHNOLOGY, INFRASTRUCTURE, DATA INTEGRATIONS, USER INTERFACES, PAYMENT TOOLS, THIRD-PARTY PLUG-INS, COMMUNICATIONS FEATURES, AND SERVICES MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE PLATFORM (COLLECTIVELY, THE "SERVICES"), IS PROVIDED STRICTLY ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. FANBASIS, INC. ("FANBASIS") AND ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, LICENSORS, CONTRACTORS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE "FANBASIS PARTIES") MAKE NO GUARANTEES OR ASSURANCES AS TO THE PERFORMANCE, SECURITY, FUNCTIONALITY, AVAILABILITY, OR RESULTS OF THE SERVICES.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE FANBASIS PARTIES DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION (WHETHER ORAL OR WRITTEN) OBTAINED BY YOU FROM FANBASIS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS FANBASIS, INC., AND ITS OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE "FANBASIS PARTIES") FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, DAMAGES (WHETHER ACTUAL, CONSEQUENTIAL, OR OTHERWISE), LOSSES, LIABILITIES, JUDGMENTS, PENALTIES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR IN ANY WAY RELATED TO: (A) YOUR USE OF OR ACCESS TO THE SERVICES (INCLUDING ANY ACTION TAKEN BY A THIRD PARTY USING YOUR ACCOUNT); (B) YOUR OFFERING, PROMOTION, OR SALE OF PRODUCTS THROUGH THE PLATFORM; (C) YOUR VIOLATION OF THESE TERMS OR ANY LAW, RULE, OR REGULATION; OR (D) ANY INFRINGEMENT OR MISAPPROPRIATION OF THIRD-PARTY RIGHTS, INCLUDING INTELLECTUAL PROPERTY, PRIVACY, OR PUBLICITY RIGHTS.
IN THE EVENT THAT A CLAIM, SUIT, OR ACTION ("CLAIM") IS BROUGHT AGAINST ANY FANBASIS PARTY, FANBASIS MAY, AT ITS OPTION, PROVIDE NOTICE OF SUCH CLAIM TO THE CONTACT INFORMATION ASSOCIATED WITH YOUR ACCOUNT. FAILURE TO PROVIDE OR RECEIVE SUCH NOTICE SHALL NOT DIMINISH OR LIMIT YOUR INDEMNIFICATION OBLIGATIONS UNDER THIS SECTION.
Under no circumstances and under no legal theory (whether based in contract, tort, negligence, strict liability, statute, or otherwise) shall the FanBasis Parties be liable to you or any third party for: (a) any indirect, incidental, special, punitive, exemplary, or consequential damages; (b) any loss of profits, revenues, goodwill, customers, opportunities, data, or content; (c) any business interruption, device failure, or delay in accessing or using the Services; (d) any damages for substitute products or services, or for your reliance on incomplete or inaccurate content; or (e) any damages arising out of your use of, or inability to use, the Services or any third-party platform, regardless of whether FanBasis was advised of the possibility of such damages. In all events, the FanBasis Parties' total cumulative liability to you for any claims arising out of or relating to these Terms or the use of the Services shall not exceed the greater of one hundred U.S. dollars (USD $100) or the total amount actually paid by you to FanBasis for the Services during the twelve (12) month period preceding the event giving rise to such liability. The limitations set forth in this Section shall apply notwithstanding any failure of essential purpose of any limited remedy and shall survive any termination of your relationship with FanBasis.
FanBasis integrates with third-party service providers—such as payment processors (e.g., Stripe), fraud screening vendors, Know-Your-Customer (KYC) verification tools, data storage platforms, communication frameworks (e.g., Discord), analytics services, and other application programming interfaces (APIs)—in order to power certain features of the Services. These third-party services operate independently from FanBasis, and your use of them is governed by the applicable provider's own terms, policies, and eligibility requirements. FanBasis does not guarantee the availability, performance, or reliability of any third-party service, nor does it control how these providers conduct identity checks, enforce compliance, handle funds, or resolve errors. Any disruption, limitation, or error in a third-party service is the sole responsibility of that provider. You acknowledge and agree that FanBasis bears no liability for any acts or omissions of third-party services, including delays, account restrictions, inaccurate data handling, fund reversals, blocked payments, or the inability to access linked services. Your sole recourse for issues involving third-party services is directly with the relevant provider.
You are solely responsible for reviewing and complying with any applicable requirements from third-party providers, including but not limited to:
FanBasis will not be responsible for your failure to comply with third-party terms or for any resulting suspension, fund hold, or service limitation imposed on you by a third-party provider. You understand that certain features of the Services may not be available to you unless and until you satisfy all third-party onboarding, compliance, or verification requirements.
FanBasis shall not be liable for any delay, interruption, or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, natural disasters, power outages, labor disputes, governmental actions, war, terrorism, pandemics, supply chain disruptions, internet failures, or actions by hosting or infrastructure partners. Such events shall not constitute a breach of these Terms.
All limitations of liability, disclaimers, indemnity obligations, and exclusions of warranties set forth in these Terms shall survive the termination or expiration of your use of the Services and shall continue to apply in full force and effect notwithstanding any contrary provision elsewhere in this Agreement.
By using the Services, you consent to receive communications from FanBasis through electronic means, including but not limited to email, SMS/text messaging, push notifications, in-app messaging, and other digital formats. These communications may include transactional updates, promotional offers, security notices, policy changes, and service-related announcements relevant to your activity on the platform.
When accessing the FanBasis mobile application, you may receive push notifications delivered to your device. These are designed to facilitate real-time updates and engagement with the Services. You may manage or disable these notifications through your device's settings, but doing so may limit functionality or prevent you from receiving important updates.
FanBasis may send you email communications related to your account, purchases, service changes, and promotions. You may opt out of marketing emails by clicking the unsubscribe link within those messages. Transactional and legally required emails will continue regardless of opt-out status, as they are essential to the operation of your account.
By providing your mobile number and using the Services, you authorize FanBasis to send you SMS or similar mobile messages. These may include confirmations, security alerts, support follow-ups, and promotional content. Message frequency may vary. Standard message and data rates may apply, and you are responsible for all such charges.
You represent that all contact information you provide, including mobile numbers and email addresses, is accurate and belongs to you or a party from whom you have received explicit authorization. You agree not to register contact details for any person who has not consented to receive communications from FanBasis. You will be responsible for any claims arising out of a violation of this obligation.
FanBasis makes reasonable efforts to deliver messages promptly, but disclaims responsibility for delays, failures, or technical limitations that may affect delivery. Communication services may be impacted by outages, third-party provider issues, or device settings, and you agree that reliance on time-sensitive messaging is at your own discretion.
Your communications with FanBasis are governed by the Privacy Policy, which outlines how we collect, store, and use your contact information. FanBasis may retain and use communication records as required for operational, legal, and security purposes, and you acknowledge that such use is necessary to facilitate your use of the Services.
Each party ("Disclosing Party") may disclose to the other party ("Receiving Party") certain non-public, proprietary, or confidential information in connection with the Services, including but not limited to business plans, customer lists, technical data, software, marketing strategies, financial information, or product materials ("Confidential Information"). The Receiving Party agrees to (a) protect such Confidential Information using reasonable care; (b) not disclose it to any third party without the Disclosing Party's written consent; and (c) use it only as necessary to perform under these Terms. These obligations shall not apply to information that (i) was lawfully known by the Receiving Party before disclosure; (ii) becomes public without breach of these Terms; (iii) is disclosed by a third party lawfully and without restriction; or (iv) is independently developed by the Receiving Party without use of the Disclosing Party's Confidential Information. If compelled by law, the Receiving Party may disclose Confidential Information, provided it gives advance written notice (if legally permitted) to the Disclosing Party. These obligations will survive for three (3) years after termination of these Terms.
During the term of your use of the Services and for twelve (12) months following termination, you agree that you will not, directly or indirectly:
You agree that each violation of this Section would cause irreparable harm to FanBasis and, as a reasonable estimate of damages, shall entitle FanBasis to liquidated damages equal to one times (1x) the total amount paid out by FanBasis to you over the three (3) months preceding the breach, in addition to any other remedies available at law or in equity.
From time to time, FanBasis may offer access to experimental, beta, or pre-release features or services ("Beta Features"). Beta Features are offered solely for evaluation purposes, may be modified or withdrawn at any time, and are provided "as is" without any warranties of any kind. FanBasis makes no guarantees about the performance, availability, or functionality of Beta Features and disclaims all liability arising from their use. You agree not to disclose the existence, functionality, or feedback related to any Beta Feature to third parties without FanBasis's express written consent. If you provide suggestions or feedback related to any Beta Feature, you grant FanBasis a perpetual, irrevocable, royalty-free license to use such feedback without restriction or attribution.
The FanBasis Affiliate Program (the "Program") is a referral-based promotional initiative that allows approved individuals ("Affiliates") to earn FanBasis Credits in exchange for referring (a) new customers who purchase products or services from Sellers on the platform ("Buyer Affiliates"), or (b) new Sellers who activate and operate an account on the platform ("Seller Affiliates"). Participation in the Program is available only to individuals at least 18 years of age and legally residing in the United States. Eligibility requires submission of an application and written approval from FanBasis, which may be granted or withheld in FanBasis's sole discretion.
Upon approval, each Affiliate will be issued a unique tracking identifier (the "Affiliate Link") for use in online content, websites, and communications, which allows FanBasis to attribute qualifying transactions to the referring party.
All Affiliates operate as independent contractors and not as employees, agents, or legal representatives of FanBasis. No partnership, joint venture, or fiduciary relationship is created by participation in the Program, and Affiliates shall not hold themselves out as having authority to bind FanBasis in any manner.
Compensation is earned based on qualified transactions, as determined by FanBasis in its sole discretion:
Affiliates are solely responsible for tracking the effectiveness of their Affiliate Links. If a buyer does not complete a purchase through the correct Affiliate Link, no compensation will be issued.
Participation in the Program is subject to the following ongoing requirements:
Affiliates may use FanBasis branding materials only as explicitly licensed under these Terms. FanBasis grants a limited, non-exclusive, non-transferable, revocable license to use the name "FanBasis" and associated logos solely for Program participation. This license is granted for use in accordance with FanBasis's trademark guidelines and may be withdrawn at any time. Unauthorized or improper use of FanBasis marks may result in immediate removal from the Program and potential legal action.
Affiliates are responsible for determining and satisfying any tax obligations associated with payments received under the Program. FanBasis will not issue tax advice or reimburse for any costs incurred in connection with participation. If required by law, FanBasis may issue Form 1099 or other tax documents and report applicable income to government authorities.
Affiliates must comply with all applicable laws, advertising regulations, and FanBasis policies. FanBasis reserves the right to audit any Affiliate activity at any time, with or without notice, to assess compliance. FanBasis may suspend or revoke Program access, withhold earnings, or permanently terminate any Affiliate account for violations of these Terms or conduct deemed abusive, deceptive, or damaging to the brand.
FanBasis may terminate an Affiliate's participation in the Program at any time, with or without cause, and without liability. Termination may include but is not limited to: immediate cessation of earnings, deactivation of Affiliate Links, and de-licensing of all branding materials. Upon termination, the Affiliate must promptly:
If eligible, FanBasis will provide a final payout for any qualified referrals accrued prior to the termination date. Affiliates must maintain an active account for at least sixty (60) days after termination to facilitate final compensation, subject to any offset for violations or clawback rights.
FanBasis may amend, suspend, or discontinue the Program or any Affiliate Offer at any time without liability. Continued participation constitutes acceptance of any modified terms.
FanBasis may offer features or services that operate in coordination with or through third-party platforms such as Apple (iOS), Discord, and other third-party tools or applications (collectively, "Third-Party Platforms"). These platforms are operated independently and are governed by their own terms of use, policies, and procedures. FanBasis does not own, control, or operate these Third-Party Platforms and disclaims any responsibility or oversight for their functionality, performance, or content.
By accessing or using any feature of the Services that interacts with a Third-Party Platform, you agree that your use of such Third-Party Platform is subject to its own terms of service, privacy policies, and any applicable community or usage rules. FanBasis is not responsible for informing you of or enforcing these terms. You are solely responsible for reviewing, accepting, and complying with them.
FanBasis provides access to Third-Party Platforms as a functional integration only and does not guarantee availability, continuity, or performance of those services. FanBasis is not liable for any delay, denial of access, service interruption, account suspension, policy enforcement, or data handling decisions made by any Third-Party Platform. This includes, but is not limited to:
Any issues, claims, disputes, or concerns arising from or related to your use of a Third-Party Platform must be resolved directly with the relevant third-party provider. FanBasis will not intervene or act on your behalf in such matters and does not assume any responsibility for technical support, service disputes, or policy enforcement undertaken by those platforms.
FanBasis reserves the right to disable, restrict, or discontinue any integration with a Third-Party Platform at any time, without notice or liability. We make no representations that integrations will be maintained, updated, or available for all devices, operating systems, or user types.
FanBasis does not manage, oversee, or verify who has access to any third-party software, platforms, or communities—whether through Discord, Apple, or otherwise. You are solely responsible for managing invitations, permissions, user lists, and revocation of access as applicable. FanBasis does not check, track, or audit third-party software usage on your behalf, and you agree that any such oversight is entirely your responsibility.
These Terms, and any dispute arising out of or relating to these Terms, the Services, or the relationship between the parties, shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles. Any judicial proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in Miami, Florida, and each party irrevocably submits to the personal jurisdiction and venue of such courts.
Except as otherwise expressly provided herein, you and FanBasis agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services shall be resolved solely through binding, final, and individual arbitration. Arbitration will be administered by JAMS in accordance with its Streamlined Arbitration Rules and Procedures, as modified by these Terms. The arbitration shall take place in Miami, Florida, and will be conducted in English by a single arbitrator experienced in commercial and technology matters. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. Notwithstanding the foregoing, either party may: (i) bring an individual action in small claims court if it qualifies; (ii) pursue enforcement through an applicable federal, state, or local agency; and (iii) seek injunctive or equitable relief in any court of competent jurisdiction to protect intellectual property, proprietary rights, or confidential information.
You may opt out of this arbitration agreement by sending written notice within thirty (30) days of first accepting these Terms. Your notice must include your full legal name, the email address associated with your FanBasis account, your mailing address, and a clear statement of your intent to opt out of arbitration. Opt-out notices must be sent to:
If you properly opt out, arbitration will not apply, but all other provisions of these Terms will continue in effect.
Each party will be responsible for its own arbitration costs, including attorneys' fees, filing fees, and related expenses. FanBasis will not cover or reimburse any portion of your arbitration costs unless specifically required by law or awarded by the arbitrator. If the arbitrator determines that any claim is frivolous or brought in bad faith, you agree to reimburse FanBasis for all legal fees and associated costs incurred in defending against such claims.
Nothing in this Section shall be construed to waive either party's right to seek resolution of qualifying claims in a small claims court in Delaware or the United States county where you reside or conduct business. In addition, either party may pursue injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement or misuse of intellectual property.
YOU AND FANBASIS HEREBY IRREVOCABLY WAIVE ANY CONSTITUTIONAL OR STATUTORY RIGHT TO A JURY TRIAL IN ANY DISPUTE OR CLAIM ARISING FROM THESE TERMS OR THE SERVICES, INCLUDING ANY CLAIM RELATING TO THE ENFORCEMENT OR SETTING ASIDE OF AN ARBITRATION AWARD. ALL SUCH DISPUTES WILL BE RESOLVED BY A JUDGE IN A COURT OF LAW OR THROUGH BINDING ARBITRATION.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS SECTION MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS. YOU AND FANBASIS AGREE THAT NEITHER PARTY SHALL BRING A CLAIM AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF THIS WAIVER IS DEEMED UNENFORCEABLE, THEN NEITHER PARTY SHALL BE ENTITLED TO ARBITRATION, AND ALL CLAIMS AND DISPUTES SHALL BE RESOLVED IN COURT.
These Terms of Service, together with all policies, attachments, addenda, and documents expressly incorporated by reference (including the Privacy Policy and any applicable Seller or Platform-specific agreements), constitute the entire agreement between you and FanBasis with respect to the subject matter herein. They supersede all prior and contemporaneous communications, negotiations, or agreements, whether oral or written.
No failure or delay by FanBasis in exercising any right, remedy, power, or privilege under these Terms shall operate as a waiver thereof. Any waiver must be in writing and signed by an authorized representative of FanBasis. A waiver of any breach or default shall not be deemed a waiver of any subsequent breach or default.
If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it enforceable or, if modification is not possible, severed from these Terms. The remaining provisions shall remain in full force and effect.
You may not assign, transfer, delegate, or sublicense any of your rights or obligations under these Terms—by operation of law or otherwise—without the prior written consent of FanBasis. Any attempted assignment in violation of this Section shall be null and void. FanBasis may freely assign or transfer these Terms and all rights and obligations hereunder, in whole or in part, without your consent and without notice.
The parties are independent contractors. Nothing in these Terms creates any partnership, joint venture, agency, fiduciary, or employment relationship between the parties. You do not have authority to bind FanBasis or incur obligations on its behalf.
FanBasis shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including acts of God, internet or power outages, labor disputes, governmental actions, acts of war, civil disturbances, pandemics, or natural disasters.
All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to: intellectual property provisions, disclaimers of warranty, limitations of liability, indemnification obligations, payment obligations, dispute resolution terms, and any rights or licenses granted to FanBasis.
Except as expressly provided herein, there are no third-party beneficiaries to these Terms. These Terms are binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
To the fullest extent permitted by law, any claim or cause of action arising out of or related to the Services or these Terms must be filed within one (1) year after such claim or cause of action arises. Any claim not filed within that time will be deemed permanently barred.
You consent to receive all communications from FanBasis electronically, including via email, dashboard notifications, or platform postings. This satisfies any legal requirement that such communications be in writing.
If you have any questions, concerns, or require assistance regarding these Terms or your use of the Services, please contact us at support@fanbasis.com.
