Legal & Terms

legal & terms

MOGL WEBSITE TERMS OF USE

Effective Date: 11/4/2021

These Terms of Use (“Terms”) constitute a legally binding agreement between you and MOGL, Corp. (“MOGL,” “we,” “us,” and “our”) and apply to all contents and information available through www.mogl.online (the “Site”). You agree, on behalf of yourself and the institution/company or other legal entity that you represent, to be legally bound by these Terms when you access or use the Site.

PLEASE REVIEW THESE TERMS CAREFULLY. BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU ACCEPT THE TERMS SET FORTH HEREIN. IF YOU DO NOT ACCEPT SUCH TERMS, YOU MAY NOT ACCESS THE SITE.

These Terms do not apply to your use of any mobile application we offer or to our platform intended for athletes and businesses (collectively referred to as the “MOGL Platform”). The MOGL Platform will be governed under separate terms of service and will require you to create an account as further provided in the section entitled “User Accounts” below.

Changes to Terms

The Effective Date of these Terms is set forth at the top of this webpage. We may change these Terms from time to time in our discretion. Changes will be posted to this webpage. We encourage you to return to this webpage frequently so that you are aware of our current Terms. Your continued use of the Site after the Effective Date constitutes your acceptance of the amended Terms. The amended Terms supersede all previous versions.

Privacy

Please review our Privacy Policy (“Privacy Policy”) which also applies to your use of the Site.

Intellectual Property

The Site, and the information, files, documents, text, photographs, images, audio, and video which it contains and any material made available for download on the Site (collectively, the “Content”) are the property of us or our licensors, as applicable. The Site and Contents are protected by United States and international laws, including copyright and trademark laws. The Content may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by us. All rights not expressly granted herein are reserved to us and our licensors.

License

MOGL grants you a limited license to access and make personal use of the Site subject to these Terms. The Site and any part of it may not be used, accessed, reproduced, copied, framed or otherwise exploited for any commercial purpose without the express prior written consent of MOGL.

Links to Third Party Sites

The Site may contain links (such as hyperlinks) to third-party websites. Such links do not constitute endorsement by MOGL or association with those websites, their content or their operators. Such links are provided as an information service, for reference and convenience only. MOGL does not control any such websites, and is not responsible for their availability, accuracy, content, advertising, products, or services. You acknowledge and agree that MOGL is not involved in the creation or development of third-party websites, disclaims any responsibility for third-party websites, and cannot be liable for claims arising out of or relating to third-party websites. Further, you acknowledge and agree that MOGL has no obligation to monitor, review, or remove links to third-party websites, but reserves the right to limit or remove links to third-party websites on the Site at its sole discretion.

The use of any website controlled, owned, or operated by a third party is governed by the terms and conditions of use and privacy policy for that website. You access such third-party websites at your own risk. MOGL expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the Site. You hereby agree to hold MOGL harmless from any liability that may result from the use of links that may appear on the Site.

User Accounts

‍You may register an account for the MOGL Platform as either an athlete (“Athlete”) or a business (“Business”). In order to use the MOGL Platform as an Athlete or a Business, such Athlete and/or Business must agree to separate terms of service governing the use of the MOGL Platform for such respective user type.

Security and Restrictions

‍You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, by (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) accessing or using the Site or any portion thereof without authorization; or (d) introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

You agree not to use the Site:

In any way that violates any applicable federal, state, local or international law or regulation;
To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability;
Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site;
Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the materials on the Site;
Use any manual process to monitor or copy any of the materials on the Site or for any other unauthorized purpose without our prior written consent;
Use any device, software or routine that interferes with the proper working of the Site; or
Otherwise attempt to interfere with the proper working of the Site.

User Submissions

‍Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any material, information or other communication you transmit, upload or post to this Site including any ideas, comments, suggestions, feedback, data or the like (“Communications”) will be considered non-confidential and non-proprietary. MOGL will have no obligations with respect to the Communications. Furthermore, you give up all intellectual property rights, including any moral, publicity and privacy rights you have in any Communication. By submitting the Communication to MOGL, you agree MOGL is free to use the Communication, without limitation and without any compensation to you, for any purpose whatsoever and in identifiable or de-identifiable form. MOGL and its designees will be free to copy, disclose, distribute, incorporate, commercialize and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.
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Copyright Policy

‍The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Site infringe your copyright, you (or your agent) may send MOGL a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);
Identification of the specific material or link alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow MOGL to locate the material on the Site;
Your name, address, telephone number, and email address (if available);
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Disclaimer and Limitation of Liability

‍WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE IS PROVIDED BY MOGL ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOGL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE SITE. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL MOGL OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES OF WHATSOEVER KIND ARISING OUT OF ACCESS TO OR USE OF THE SITE, SITE-RELATED SERVICES OR ANY INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE SITE.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, CONTENT, INFORMATION CONTAINED WITHIN THE SITE, ANY LINKED SITE IS TO STOP USING THE SITE. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, OUR MAXIMUM LIABILITY TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS APPLY EVEN IF THE REMEDIES UNDER THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE.

Any claims arising in connection with your use of the Site must be brought within one (1) year of the date of the event giving rise to such action occurred.

Indemnification

You agree to indemnify, defend and hold harmless us and our affiliates, and our respective officers, directors, employees, agents and representatives from and against all losses, expenses, damages, and costs, including reasonable attorney fees, resulting from any violation by you of these Terms or from our termination of your access to or use of the Site. Such termination will not affect either party’s rights or obligations, which accrued before the termination.

Miscellaneous

‍Except as expressly provided otherwise, these Terms are governed by, and will be construed under, the laws of the State of New York, without regard to choice of law principles. This choice of law provision is only intended to specify the use of New York law to interpret this Agreement and is not intended to create any substantive right to non-New Yorkers to assert claims under New York law whether by statute, common law, or otherwise. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in the City of Manhattan and County of New York.

You represent and warrant that you shall comply with all laws and regulations that apply to your access and use of the Site and any Site-related services, including, but not limited to, any applicable national laws that prohibit the export or transmission of technical data or software to certain territories or jurisdictions.

We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including the right to remove any contents generated by you on the Site, block your access to the Site, block IP addresses.

If any provision of these Terms is held to be unenforceable, the remaining Terms shall remain in full force and effect, and the unenforceable provision shall be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.

No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any right.

How to Contact Us

‍If you have any questions, comments or notices regarding these Terms, please contact us at inquiries@mogl.online.

Legal Disclaimer

Welcome to MOGL, and thanks for accessing our services. The services available on and through this website (the “Services” and the “Site”) are provided by MOGL Corp. (“MOGL”).

Your use of the Services and relationship with MOGL is governed by these User Terms of Service (this “Agreement”). The relationship between MOGL and your organization is governed by the Organization Terms of Service (“Organization Terms”). By using the Services, you agree to be bound by this Agreement, whether you are a visitor, which means that you simply browse the Site or any of its applications, or you are a user with a registered account (“Registered User”). MOGL may at any time in its sole discretion (i) modify this Agreement and such modification shall be effective once posted to the Site; (ii) change the Site, including eliminating or discontinuing any Services or other feature of the Site; and/or (iii) deny or terminate your use of and/or access to the Site.

You agree to be bound to any changes to this Agreement when you use the Services or access the Site immediately after any modification to this Agreement has been posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

The term “User” refers to any visitor to the Site or Registered User, unless provided otherwise. You are only authorized to use the Services if you agree to abide by all applicable laws, this Agreement and the Organization Terms, if applicable. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Site or any of its applications and discontinue use of the Services immediately. If you wish to become a Registered User, communicate with other Users, and make full use of the Services, you must read this Agreement and indicate your acceptance during the registration process.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

1. Eligibility.

Use of Services is void where prohibited. By using the Services, you represent to us that (a) any registration information that you submit is truthful, accurate and otherwise owned by (or licensed to) you; and (b) your use of the Services does not violate any applicable law or regulation.

2. Registration.

Browsing of the Site’s public pages is provided free of charge to any person. However, access to certain functionalities of the Site will require you to register with and/or provide certain information to us. We reserve the right to decline to provide Services to any person for any or no reason. When you sign up to become a Registered User, you will be asked to create a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another User at any time or disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all uses of your account.

In order to participate in certain Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Any such additional terms are hereby incorporated by reference into this Agreement.

3. Limited License.

MOGL authorizes you to copy materials on this Site to your hard drive solely for the purpose of viewing and using the Services on your computer. You may also print portions of the Site in hard copy for the sole purpose of facilitating your personal, noncommercial use and retention of information from the Site, provided, that (i) you must retain all trademark, copyright, and other proprietary notices contained in the original materials, (ii) you must provide attribution to MOGL, and if possible provide a reference to the Site, (iii) the material must be printed in its entirety without modification, reformatting or adaptation of any kind, (iv) any such copies are subject to the terms and conditions of this Agreement and remain the property of MOGL, and (v) you agree to advise any person to whom you share the materials as to this Agreement and they must agree to abide by this Agreement. You may not sell or modify the material or reproduce, republish, display, publicly perform, distribute, or otherwise use the material in any way for any public or commercial purpose other than through the Services or the Site. Unauthorized use of the Services for any other purpose is prohibited. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Site or the Services. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, other automatic device, or manual process to monitor or copy our Site or its content without our prior written permission. Failure to abide by these conditions will immediately terminate this permission and may result in the infringement of the copyrights and/or trademarks and other proprietary rights of MOGL or others.

4. User Content.

Except as provided in the Organization Terms or in this Agreement, MOGL does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “Content”) that you post or upload to the Site and/or through the Services (“User Generated Content”). After posting or uploading your User Generated Content to the Site and/or through the Services, you continue to retain all your ownership rights in such User Generated Content except as set forth in the Organization Terms or in this Agreement.

You are solely responsible for any third party Content in your User Generated Content and for the use of the User Generated Content, including on our Site and through the Services. We reserve the right to remove such Content, your User Generated Content and/or any other content in our sole and absolute discretion.

In addition, the Site and/or Services may contain Content, under license to MOGL from one or more third parties, in which you are featured and/or visible or which includes your name, nickname, professional name, image, likenesses, other identifications, and biographical material (“User Featured Content” and together, with User Generated Content, “User Content”).

You hereby grant to us and our licensees, distributors, agents, independent contractors, representatives and other authorized users (collectively, the “MOGL Entities”), a perpetual, non-exclusive, irrevocable, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit such User Content, in whole or in part, in all media formats and channels now known or hereafter devised (including, without limitation, on the Site or any related or affiliated sites, on third party web sites, cable networks and stations, broadband and wireless platforms, and or on any other products and services) for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the “Content License”). You appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm, fully utilize, or enforce the grant of rights, consents, agreements, assignments and waivers set forth in this Agreement.

Privacy Policy

Last Updated: 07/21/2022

MOGL Corp. (“MOGL”) offers an online marketplace that connects brands with student athletes for next level promotion of their name, image and likeness.

‍This Privacy Policy describes how MOGL collects, uses, discloses and otherwise processes personal information from athletes, brands, and website visitors in connection with our website, application and any other sites or services that link to this Privacy Policy (collectively, the “Services”), and explains the rights and choices available to individuals with respect to their information.

Personal Information We Collect

Information you provide to us:

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Account information, such as your first and last name, school name and email address, mailing address, phone number, clothing size, sport, and profile picture.
Demographic details, such as your gender and age.
Social media profile information, such as your Instagram and Twitter profile URLs.
Brand information, such as your company name, business category and biography.
Payment and transaction information needed to complete purchases on the MOGL store and transactions between brands and athletes, such as your payment card details, billing information, and identification information. Payment and transaction information is processed by our third-party payment processors, such as PayPal and Stripe, and we do not have access to payment card numbers.
Feedback or correspondence, such as information you provide when you contact us with questions, feedback, product reviews or otherwise correspond with us online.
Usage information, such as information about how you use the Services and interact with us, including information associated with any content you upload to the Services or otherwise submit to us and information you provide when you use any interactive features of the Services.
Marketing information, such as your preferences for receiving communications about our activities and publications and details about how you engage with our communications.

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Automatic data collection. We and our service providers may automatically log information about you, your computer or mobile device, and your interaction over time with our Services, our communications and other online services, such as:

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Online activity data, such as pages or screens you viewed, how long you spent on a page or screen, browsing history, navigation paths between pages or screens, information about your activity on a page or screen, access times, and duration of access, and whether you have opened our marketing emails or clicked links within them.

We use the following tools for automatic data collection:

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Cookies, which are text files that websites store on a visitor‘s device to uniquely identify the visitor’s browser or to store information or settings in the browser for the purpose of helping you navigate between pages efficiently, remembering your preferences, enabling functionality, and helping us understand user activity.
Local storage technologies, like HTML5, that provide cookie-equivalent functionality but can store larger amounts of data, including on your device outside of your browser in connection with specific applications.
Web beacons, also known as pixel tags or clear GIFs, which are used to demonstrate that a webpage or email was accessed or opened, or that certain content was viewed or clicked.

How We Use Personal Information

To operate our Services:

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Provide, operate, maintain, secure and improve our Services
Process your payments and complete transactions with you
Communicate with you about our Services, including by sending you announcements, updates, security alerts, and support and administrative messages
Understand your needs and interests, and personalize your experience with our Services and our communications
Provide support, and respond to your requests, questions and feedback

For research and development. To analyze and improve the Services and to develop new products and services, including by studying use of our Services.

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For marketing. We may collect and use your personal information for marketing purposes, including:

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Email. We may from time-to-time send our brand representatives direct marketing emails as permitted by law, including, but not limited to, notifications of special promotions, offers and events via email. Email recipients may opt out of our marketing emails as described in the “Opt out of marketing communications” section below.
Text messages. We may notify our athletes or brand representatives via text message about upcoming job opportunities and other requested alerts. For more information about how to opt out, please review the “Opt out of marketing communications” section below. Text message recipients may be liable for standard SMS and per-minute charges by your mobile carrier.

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To comply with law. As we believe necessary or appropriate to comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities.

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For compliance, fraud prevention, and safety. To: (a) protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims); (b) enforce the terms and conditions that govern our Services; and (c) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.

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To create anonymous data. To create anonymous data from your personal information and other individuals whose personal information we collect. We make personal information into anonymous data by removing information that makes the data personally identifiable to you. We may use this anonymous data and share it with third parties for our lawful business purposes, including to analyze and improve our Services and promote our business.

How We Share Personal Information

Service providers. We may share your personal information with third party companies and individuals that provide services on our behalf or help us operate our Services (such as customer support, hosting, analytics, email delivery, marketing, identity verification, fraud detection, payment processing and database management).

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School administrative staff. We may share information regarding an athlete’s MOGL job history and brand partnerships with an administrator at the athlete’s school via a compliance dashboard. We do not share any sensitive personal information about an athlete with the athlete’s school.

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Professional advisors. We may disclose your personal information to professional advisors, such as lawyers, bankers, auditors and insurers, where necessary in the course of the professional services that they render to us.

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For compliance, fraud prevention and safety. We may share your personal information for the compliance, fraud prevention and safety purposes described above.

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Business transfers. We may sell, transfer or otherwise share some or all of our business or assets, including your personal information, in connection with a business transaction (or potential business transaction) such as a corporate divestiture, merger, consolidation, acquisition, reorganization or sale of assets, or in the event of bankruptcy or dissolution. In such a case, we will make reasonable efforts to require the recipient to honor this Privacy Policy.

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How You Share Information Through MOGL

Platform messaging service. Athletes and brands using our Services may choose to engage with each other directly via the platform messaging service and share personal information with one another.

Your Choices

Access or update your information. If you have registered for an account with us, you may review and update certain personal information in your account profile by logging into the account.

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Opt out of marketing communications. You may opt out of marketing-related communications – both email and text – by following the opt-out or unsubscribe instructions within the marketing communication we send you. You may also contact us at inquiries@mogl.online to unsubscribe. Even if you opt out of marketing-related communications, you may continue to receive service-related and other non-marketing emails.

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Online tracking opt-out. There are a number of ways to opt out of having your online activity and device data collected through our Services, which we have summarized below:

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Blocking cookies in your browser. Most browsers let you remove or reject cookies. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. For more information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit allaboutcookies.org.
Use the following links to learn more about how to control cookies and online tracking through your browser: Firefox; Chrome; Microsoft Edge; Safari

Using privacy plug-ins or browsers. You can block our Services from setting third-party cookies by using a browser with privacy features, like Brave, or installing browser plugins like Privacy Badger, DuckDuckGo, Ghostery or uBlock Origin, and configuring them to block third party cookies/trackers.

Note that because these opt-out mechanisms are specific to the device or browser on which they are exercised, you will need to opt out on every browser and device that you use.

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Do Not Track. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

Other Sites and Services

Our Services may contain links to other websites and other online services operated by third parties. These links and integrations are not an endorsement of, or representation that we are affiliated with, any third party. In addition, our content may be included on web pages or other online services that are not associated with us. We do not control websites or online services operated by third parties, and we are not responsible for their actions. We encourage you to read the privacy policies of the other websites and online services you use.

Security Practices

We use reasonable organizational, technical and administrative measures designed to protect against unauthorized access, misuse, loss, disclosure, alteration and destruction of personal information we maintain. Unfortunately, data transmission over the Internet cannot be guaranteed as completely secure. Therefore, while we strive to protect your personal information, we cannot guarantee the security of personal information.

Children

Our Services are not intended for use by children under 13 years of age. If we learn that we have collected personal information through the Services from a child under 13 without the consent of the child’s parent or guardian as required by law, we will delete it.

Changes to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on our Services.

How to Contact Us

Please direct any questions or comments about this Policy or privacy practices to inquiries@mogl.online. You may also write to us via postal mail at:

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2652 Windwood Way

Royal Palm Beach, 33411

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