Fanclb Team Platform Terms
These Team Platform Terms (“Terms”) govern the relationship between Fanclb LLC (Fanclb, together with its affiliates, “Fanclb,” “we,” “our,” or “us”) and the professional or amateur sports team, club, franchise or similar entity (“Team” or “you”) that uses the Fanclb platform to engage fans, sell memberships, offer experiences, merchandise and tickets, raise funds and otherwise monetize its audience (the “Program”). These Terms incorporate and supplement Fanclb’s general Terms of Service and are incorporated by reference into each team-specific agreement or onboarding document.
1. Definitions
Fanclb Platform: The Fanclb websites, mobile apps and related services, including any tools, software, APIs and documentation we provide to you to operate your Program.
Fans: Individuals who join your Program to access content, experiences, memberships or merchandise.
Authorized Users: You, your employees and contractors, and anyone acting on your behalf to manage your Program.
Content: Any text, images, video, audio or other materials that you upload or make available through the Fanclb Platform.
Revenue: All amounts collected from Fans for memberships, experiences, events, merchandise or other monetized offerings through the Platform.
Confidential Information: All non-public information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential, including business plans, customer lists, financial data, product roadmaps, algorithms, technology and any information concerning the Fanclb Platform that is not publicly available.
2. License to Use the Fanclb Platform
Fanclb grants the Team a limited, revocable, non-exclusive, non-transferable license to access and use the Fanclb Platform for the sole purpose of operating the Team’s Program. This license is conditioned on the Team’s compliance with these Terms and the general restrictions contained in Fanclb’s Terms of Service. All rights not expressly granted are reserved by Fanclb.
2.1 Restrictions
The Team may not and will not permit any Authorized User or third party to:
- Copy, distribute, modify, reverse engineer or create derivative works of the Platform except as expressly permitted;
- Interfere with or disrupt the Platform, the accounts of other users or the security-related features of the Platform;
- Access the Platform using automated means (such as bots, spiders or scrapers) except as permitted by Fanclb’s API policies;
- Remove, alter or obscure any copyright, trademark or proprietary notices on the Platform;
- Use the Platform for any unlawful, defamatory, harassing, fraudulent or other improper purpose;
- Resell, sublicense or otherwise commercialize access to the Platform without our prior written consent.
3. Team Content and Intellectual-Property Rights
Ownership. The Team retains all rights in its trademarks, logos, names, mascots and other intellectual property (“Team IP”). By uploading or otherwise providing Team IP or other Content, you grant Fanclb a worldwide, non-exclusive, royalty-free, sublicensable right to use, reproduce, display, distribute and perform that Content in connection with operating the Platform, promoting your Program and fulfilling orders. You warrant that you have all rights necessary to grant this license and that your Content does not infringe any third-party rights.
Fanclb IP. Fanclb owns all right, title and interest in and to the Platform and related technologies, including any improvements or modifications thereto. Except for the limited license granted herein, no rights are transferred to the Team.
Use of Fan Content. Fans may submit content such as comments, messages or artwork. Fanclb is an intermediary and is not responsible for screening such postings. However, we reserve the right to remove any content that violates our Acceptable Use Policy or these Terms.
4. Broadcast & Live Content
License to Broadcast Feed: The Team grants Fanclb a non-exclusive, worldwide, royalty-free, sublicensable license during the Term to ingest, receive, capture, synchronize, reproduce, transmit, display, perform, modify, enhance and otherwise use the Team’s live and recorded audio-visual game feeds and related broadcast signals (“Broadcast Feed”) for the purpose of operating the Platform. This license includes the right for Fanclb to overlay, insert, or integrate score bugs, statistics, graphics, branding elements, fan-engagement features, interactive prompts, advertising, sponsorship placements and similar enhancements, and to restream or distribute the resulting enriched broadcast through the Fanclb platform and through third-party networks or distribution channels as directed or authorized by the Team and/or the applicable league.
Team Representations and Rights: The Team represents and warrants that:
- (a) it has obtained, and will maintain during the Term, all rights, licenses, permissions and approvals necessary from the applicable league, broadcasters, production partners, talent, performers, music licensors and other rights holders to permit Fanclb to ingest, modify, enhance and restream the Broadcast Feed as contemplated under these Terms;
- (b) the Broadcast Feed and any materials supplied by the Team do not infringe or violate any intellectual property, publicity, privacy or other rights of any third party; and
- (c) it has obtained all necessary consents from its production crew and contractors for the use, modification and redistribution of graphics packages, score bugs, sponsor assets and similar materials.
Sponsor and Advertising Content: The Team is solely responsible for the accuracy, legality and compliance of all logos, advertisements, sponsor creative, video assets and promotional materials supplied or approved by the Team for inclusion in broadcasts via the Platform.
The Team shall not provide, and Fanclb may remove or refuse to display, any content that:
- (a) infringes intellectual property or other proprietary rights;
- (b) is deceptive, defamatory, obscene, discriminatory or harassing;
- (c) promotes illegal activity or violates applicable advertising, gaming, auction or consumer-protection laws; or
- (d) contains malware, spyware or other harmful code.
Fanclb Reliance: Fanclb may rely on the Team’s representations regarding sponsor content and shall have no obligation to independently verify such content.
Fan-Engagement Features: The Team acknowledges that Fanclb may integrate interactive features during live broadcasts, including without limitation auctions, raffles, quests, polls, voting, fan rewards and similar engagement mechanisms. Any revenue generated from such features will be classified and processed in accordance with the applicable Payment Terms and the Team Participation Agreement, based on whether the sponsor, advertiser or commercial opportunity was introduced by Fanclb or by the Team.
Restreaming and Distribution: Fanclb may restream, simulcast or otherwise distribute enriched broadcasts on the Platform and on third-party platforms, channels or networks designated by the Team or applicable league, subject to league rules and existing broadcast agreements.
No Guarantee: Fanclb does not guarantee uninterrupted availability of any broadcast and shall not be responsible for outages, takedowns, suspensions or technical failures caused by third-party platforms, networks or service providers.
Compliance, Takedown Rights and Indemnification: The Team is responsible for ensuring that all broadcast-related activities comply with applicable laws, league rules and regulations, including those relating to media rights, advertising, privacy, promotions, contests, auctions and gaming. Fanclb reserves the right to suspend, remove or disable any broadcast, overlay or content that it reasonably believes violates law, league policy, these Terms or the Acceptable Use Policy, or that poses a risk to the Platform or its users. The Team shall indemnify, defend and hold harmless Fanclb from any claims, damages, liabilities, losses or expenses arising out of or related to the Broadcast Feed, sponsor content, or any breach of this Section.
5. Acceptable Use and Community Standards
The Team agrees that neither it nor its Authorized Users will post or transmit any materials through the Platform that:
- Infringe any intellectual-property or contractual rights of others;
- Defame, harass, abuse, stalk, threaten or otherwise harm any person;
- Contain vulgar, obscene, hateful, racist or otherwise offensive language or imagery;
- Promote illegal activity, encourage criminal conduct or violate any law or regulation;
- Contain malware, viruses or other harmful code;
- Constitute spam, unauthorized advertising or chain letters;
- Violate the privacy rights of any individual.
Fanclb reserves the right, in its sole discretion, to remove or modify any content that violates these standards and to suspend or terminate a Team’s access to the Platform for repeated or egregious violations.
6. Payment and Revenue
This section has been intentionally abbreviated to avoid conflicting with the revenue-sharing provisions specified in each Team’s short-form participation agreement. Fanclb and the Team agree that:
Revenue Categories. Revenue collected through the Platform will be categorised as Primary Revenue or Secondary Revenue consistent with the definitions in the Payment Terms document. Primary Revenue typically includes memberships, experiences, events and other digital offerings sold directly to Fans. Secondary Revenue typically includes merchandise and other products sold through the Platform. The specific revenue split for each category will be defined in the Team’s participation agreement and may vary by Team.
Payment Processing. Revenue will be collected through Fanclb’s integrated payment processors (e.g., Stripe, Authorize.net, SparrowOne, Worldline, PayU, Apple App Store or other partners). Fanclb does not store full payment card information; it uses tokenized data provided by third-party processors. All payment processing details, including ACH authorisations, payment methods, settlement timing and transaction-level reporting, are set out in the Payment Terms.
Taxes, Refunds and Chargebacks. Taxes, refunds, chargebacks and other financial adjustments will be handled as described in the Payment Terms. The Team is responsible for its own taxes and for resolving disputes with Fans where the Team failed to deliver promised goods or experiences.
7. Privacy and Data
Privacy Policy. The Team acknowledges Fanclb’s Privacy Policy, which explains how Fanclb collects, uses, shares and stores personal information. By using the Platform, the Team consents to the processing of Fan and Team data in the United States and other jurisdictions, including transfers from the European Economic Area as described in the Privacy Policy.
Data Sharing. When a Fan joins a Team’s Program, Fanclb shares certain information with the Team, including the Fan’s name, email address, shipping information and details of their memberships and orders. The Team agrees to use this information solely for fulfilling orders, delivering experiences and communicating with the Fan about the Program, and to handle such information in accordance with applicable privacy laws and the Data Processing Addendum.
Security. Fanclb uses reasonable administrative, physical and technical safeguards to protect personal data. The Team shall promptly notify Fanclb of any actual or suspected data breach or unauthorized access to personal information obtained via the Platform.
Data Ownership and Use. Fanclb and the Team acknowledge that data collected through the Program (including transaction data, membership data and engagement metrics) may be used by both parties for their respective business purposes, subject to applicable law and the Privacy Policy. Fanclb retains exclusive ownership of its platform technology, algorithms and anonymised or aggregated data sets derived from usage of the Platform. Personal data will not be sold and may be retained for as long as necessary to fulfil legal obligations or resolve disputes.
Accuracy of Team Data. The Team is responsible for the accuracy and legality of all information it provides to Fanclb. Fanclb shall not be liable for any issues, inaccuracies or disputes arising from incorrect or outdated information supplied by the Team.
8. Representations and Warranties
The Team represents and warrants that:
- It is duly organized and in good standing under applicable law, and has the authority to enter into these Terms;
- All Content and Team IP provided to Fanclb is either owned by the Team or the Team has obtained all rights necessary to grant the licenses herein; and
- The Team’s performance of its obligations will comply with all applicable laws, regulations and league rules.
Fanclb represents that it will provide the Platform with reasonable skill and care consistent with industry standards.
9. Indemnification
Each party agrees to indemnify, defend and hold harmless the other party, its affiliates and their respective officers, directors, employees and agents from and against any and all third-party claims, damages, liabilities, costs and expenses (including reasonable attorneys’ fees) arising from:
By the Team. (a) The Team’s breach of these Terms or any agreement with Fans; (b) any Content or Team IP provided by the Team; (c) the Team’s violation of applicable laws or regulations; or (d) any dispute between the Team and its Fans or between the Team and any league or governing body.
By Fanclb. (a) Fanclb’s material breach of these Terms; or (b) any third-party claim that the Fanclb Platform, as provided by Fanclb and used in accordance with these Terms, infringes a valid intellectual-property right of such third party. Fanclb’s indemnity will not apply to claims arising from the Team’s misuse of the Platform or modifications made by the Team.
10. Disclaimers and Limitation of Liability
No Warranty. The Fanclb Platform is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, Fanclb disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement and uninterrupted or error-free operation. Fanclb does not guarantee that the Platform will meet the Team’s requirements or that it will be available at all times.
Limitation of Liability. To the maximum extent permitted by law, in no event will either party be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data or business opportunities, arising out of or in connection with these Terms or the Platform, even if advised of the possibility of such damages. Each party’s total aggregate liability for any and all claims arising under these Terms will not exceed the amounts paid or payable by the Team to Fanclb for the Program in the twelve months preceding the claim. Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitation may not apply.
11. Term and Termination
These Terms commence on the Effective Date and continue until terminated by either party. Either party may terminate these Terms for convenience upon 30 days’ written notice; however, termination will not affect any obligations that have accrued prior to the effective date of termination.
Fanclb may suspend or terminate the Team’s access to the Platform immediately if: (a) the Team breaches any material term of these Terms or the general Terms of Service; (b) Fanclb reasonably believes that the Team’s use of the Platform poses a risk to the security or integrity of the Platform or any third party; or (c) required by law.
Upon termination, the Team’s license to access and use the Platform will cease. Sections that by their nature should survive termination (including Sections 3, 6, 7, 8, 9 and 13) will survive.
Effect of Termination & Post-Termination Access. Upon termination of the Team’s access to the Platform, Fanclb will maintain the Team’s access to its program dashboard for a reasonable period (not less than ninety (90) days) in read-only mode. During this period, the Team may export all fan data, membership lists, transaction records, engagement metrics, Points activity and revenue summaries related to its Program. After this period, Fanclb will remove the Team’s Program from public access and may delete or anonymise Team data from active systems, except where retention is required by law or necessary for audit, accounting or legal purposes.
Seasonal Protection. Fanclb will not terminate these Terms or suspend the Team’s access for convenience during the Team’s active competitive season. Fanclb may only terminate or suspend during the season for cause (including breach of these Terms, violation of applicable law or league rules, fraud or illegal activity, or to protect the security or integrity of the Platform or others). Termination for convenience may only occur at the end of the Team’s competitive season, and Fanclb must provide at least thirty (30) days’ written notice.
12. Governing Law; Dispute Resolution
These Terms will be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflicts of law principles. Any dispute, controversy or claim arising out of or relating to these Terms or their breach shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will take place in Wilmington, Delaware, unless otherwise agreed. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.
13. Miscellaneous
Entire Agreement. These Terms, together with the general Terms of Service and any referenced policies (including the Privacy Policy, Payment Terms, Data Processing Addendum, Cookie Policy and Acceptable Use Policy), constitute the entire agreement between the Team and Fanclb regarding the subject matter and supersede all prior or contemporaneous communications.
Changes. Fanclb may update these Terms from time to time. We will post the updated Terms at the URL above and indicate the new effective date. Material changes will become effective 30 days after posting unless otherwise stated. Continued use of the Platform after such time constitutes acceptance of the updated Terms.
Assignment. The Team may not assign or transfer its rights or obligations under these Terms without Fanclb’s prior written consent. Fanclb may assign these Terms in connection with a merger, acquisition or sale of assets.
Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision will be construed to reflect the parties’ original intent, and the remaining provisions will remain in full force and effect.
Waiver. The failure of either party to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.
Confidentiality. Each party agrees to treat the other party’s Confidential Information with the same degree of care it uses to protect its own confidential information (but not less than reasonable care) and not to use or disclose it except as necessary to perform its obligations under these Terms. Confidentiality obligations do not apply to information that (a) is or becomes publicly available without breach of these Terms; (b) is received from a third party without breach of any obligation; or (c) was independently developed by the receiving party. Upon request or termination, each party will return or destroy the other party’s Confidential Information, except to the extent retention is required by law or maintained in routine backups.
Independent Contractors. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship between the parties. Neither party has the authority to bind the other or incur any obligation on the other’s behalf.
Force Majeure. Neither party will be liable for any delay or failure to perform its obligations under these Terms due to causes beyond its reasonable control, including natural disasters, acts of government, internet failures, war, labor disputes or similar events. The affected party will notify the other party and make reasonable efforts to resume performance.
Notices. All notices required or permitted under these Terms must be in writing and will be deemed given when delivered personally, sent by confirmed email, or delivered by recognized overnight courier to the address specified in the Team’s participation agreement or as updated by notice.
