Revised and effective 10/3/2023
These Terms of Service (“TOS”) apply to your use of MOGL’s Service, as defined below. The terms applicable may vary depending on your use of our Services, your account type or user role, subscription, and your interaction with the MOGL Platform. The following agreements form our TOS:
To the extent of any conflicts between the agreements comprising the Terms of Service, the following order of precedence shall apply (as applicable):
These Terms of Use (“TOU”) constitute a legally binding agreement between you and MOGL, Corp. (“MOGL,” “we,” “us,” and “our”). These TOU are part of and expressly incorporated into MOGL’s TOS. These TOU apply to your use of our “Service” which includes:
THESE TOU INCLUDE AN AGREEMENT TO ARBITRATE, AND YOU WAIVE YOUR RIGHT TO BRING CLAIMS IN COURT, BEFORE A JURY, AND ON A CLASS BASIS OR AS PART OF SIMILAR COLLECTIVE ACTIONS. PLEASE SEE THE “DISPUTE RESOLUTION” SECTION BELOW FOR ADDITIONAL INFORMATION. THIS AGREEMENT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH MOGL, NO MATTER WHEN ARISING OR ASSERTED, THROUGH BINDING INDIVIDUAL ARBITRATION (WITH LIMITED EXCEPTIONS). YOU ACKNOWLEDGE AND AGREE THAT YOU AND MOGL EACH WAIVE THE RIGHT TO A TRIAL BY JURY, AND THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
PLEASE REVIEW THESE TOU CAREFULLY. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU ACCEPT THE TOU AS SET FORTH HEREIN. IF YOU DO NOT AGREE TO THE TOU, YOU MAY NOT ACCESS THE SERVICE. If you access the Service on behalf of an entity, such as your employer, you agree, on behalf of yourself and the institution/company or other legal entity that you represent, to be legally bound by these TOU when you access or use the Service.
The Effective Date of these TOU is set forth at the top of this document. We may change these TOU from time to time in our discretion. Changes will be posted to our Site. We encourage you to return to our Site frequently so that you are aware of the current terms. Your continued use of the Service after the effective date of such amended TOU constitutes your acceptance of the amended TOU. The amended TOU supersede all previous versions.
Please review our Privacy Policy (“Privacy Policy”) which also applies to your use of the Service. Through your use of our Services, you acknowledge that you have read and understand our Privacy Policy.
Except as expressly set forth in an agreement between you and MOGL, MOGL reserves the right to stop providing all or any portion of the Service with or without notice to you, and MOGL shall not be liable to you or any third party should MOGL exercise its right to stop providing the Service or any portion thereof. You acknowledge and accept that MOGL does not guarantee continuous, uninterrupted or secure access or use of the Service and operation of the Services and may be interfered with or adversely affected by numerous factors or circumstances outside of MOGL’s control.
The Service 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 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 from the Service at its sole discretion.
The use of any service controlled, owned, or operated by a third party is governed by the terms and conditions of use and privacy policy for that service. You access such third-party services at your own risk. MOGL expressly disclaims any liability arising in connection with your use and/or viewing of any services or other material associated with links that may appear on the Service. You hereby agree to hold MOGL harmless from any liability that may result from the use of links that may appear on the Service.
You are prohibited from violating or attempting to violate the security of the Service, 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 Service 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 Service:
You represent and warrant that you shall comply with all laws and regulations that apply to your access and use of the Service and any Service-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.
Without limitation, the MOGL Platform may not be used for any of the following purposes:
The Service, and the information, files, documents, text, photographs, images, audio, and video which it contains and any material made available for download on the Service (collectively, the “Content”) are the property of MOGL or our licensors, as applicable. The Service and Content 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.
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, typefaces and other content, including MOGL designs, trademarks, and logos (collectively “Proprietary Material”) that Users see or read through the Service is owned by MOGL or its licensors (including User Generated Content, which Users grant MOGL a license to use as set forth in these TOS). Proprietary Material is protected in all forms, media, and technologies now known or hereinafter developed. MOGL owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials. The Proprietary Material is protected by laws governing copyright, patents, and other proprietary rights. Users may not copy, download, use, redesign, reconfigure, or retransmit any Proprietary Material from the Service without MOGL’s express prior written consent and, if applicable, the consent of the holder of the rights to the User Generated Content. Any use of such Proprietary Material other than as permitted herein is expressly prohibited.
The service marks and trademarks of MOGL, including without limitation MOGL and associated logos, are service marks owned by MOGL. Any other trademarks, service marks, logos and/or trade names appearing via the Service are the property of their respective owners. MOGL’s proprietary marks and logos are not available for use by Users except with prior express consent. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
Except to the extent expressly provided in these TOS, MOGL grants you only a limited license to access and make personal use of the Service. The Service 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.
Except for your Personal Data (which will be processed as set forth in our Privacy Policy) any material, information or other communication you transmit, upload or post to this Service including any ideas, comments, suggestions, feedback, data or the like (“Feedback”) will be considered non-confidential and non-proprietary. MOGL will have no obligations with respect to the Feedback. Furthermore, you give up all intellectual property rights, including any moral, publicity and privacy rights you have in any Feedback. By submitting the Feedback to MOGL, you agree MOGL is free to use the Feedback, 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 Feedback and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.
For purposes of this Agreement, “User Generated Content” is defined as any information and materials you provide to MOGL, its agents, Affiliates, and corporate partners, or other Users in connection with your use of the Service and participation in MOGL promotional campaigns, including without limitation the information and materials posted or transmitted to other Users via the Service. You are solely responsible for User Generated Content, and we act merely as a passive conduit for your online distribution and publication of your User Generated Content. You acknowledge and agree that MOGL is not involved in the creation, development of User Generated Content, disclaims any responsibility for User Generated Content, and cannot be liable for claims arising out of or relating to User Generated Content. Further, you acknowledge and agree that MOGL has no obligation to monitor or review User Generated Content but reserves the right to limit or remove User Generated Content if it is not compliant with our TOS.
If a User believes, in good faith, that any User Generated Content provided on or in connection with the MOGL Platform is objectionable or infringes any of its rights or the rights of others, the User is encouraged to notify MOGL via email to support@mogl.online.
MOGL respects the personal and other rights of others and expects Users to do the same. MOGL is entitled to identify a User to other Users or to third parties who claim that their rights have been infringed by User Generated Content submitted by that User, so that they may attempt to resolve the claim directly. MOGL reserves the right to remove any User Generated Content that is verified to be the property of another User or third party.
MOGL respects the intellectual property of others and expects Users to do the same. If you believe, in good faith, that any materials provided on or in connection with the MOGL Platform infringe upon your copyright or other intellectual property right, please send the following information to MOGL at support@mogl.online:
WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOGL ITS RELATED ENTITIES, ITS SERVICE PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “COMPANY PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE SERVICE. THE COMPANY PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, ERRONEOUS DELETION, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF ANY SERVICES.
UNDER NO CIRCUMSTANCES, WILL ANY OF THE COMPANY PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON ANY OF OUR SERVICES OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH ANY OF OUR SERVICE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS, OR LOSS OR MISUSE OF PAYMENT OR FINANCIAL ACCOUNT DATA. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF ANY COMPANY PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE COMPANY PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS.
ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
IF THIS CLAUSE IS HELD TO BE UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL OUR OR THE COMPANY PARTIES’ TOTAL LIABILITY TO YOU EXCEED $100.00. NOTHING IN THIS CLAUSE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.
NOTICE FOR CALIFORNIA USERS: UNDER CALIFORNIA CIVIL CODE SECTION 1789.3, SERVICE USERS ARE ENTITLED TO THE FOLLOWING SPECIFIC CONSUMER RIGHTS NOTICE: THE COMPLAINT ASSISTANCE UNIT OF THE DIVISION OF CONSUMER SERVICES OF THE CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS MAY BE CONTACTED IN WRITING AT 1625 NORTH MARKET BLVD., SACRAMENTO, CA 95834, OR BY TELEPHONE AT (916) 445-1254 OR (800) 952-5210.
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 TOU or from our termination of your access to or use of the Service, including without limitation any and all allegations of infringement of third party intellectual property rights arisign from or relating to your User Generated Content. Such termination will not affect either party’s rights or obligations, which accrued before the termination.
Your download of this App for use on an iOS device constitutes your acknowledgement and acceptance that:
By installing the App(s), you consent to the installation of the App(s) and any updates or upgrades that are released through the MOGL Platform. The App (including any updates or upgrades) may (i) cause your device to automatically communicate with MOGL’s servers to deliver the App functionality and to record usage metrics, (ii) affect App-related preferences or data stored on your device, and (iii) collect personal information as set out in our Privacy Policy. You can uninstall the App(s) at any time.
Billing / Pricing: You may receive SMS messages and other text alerts when you request or otherwise agree to receive them. Standard/other text messaging rates apply, according to your individual rate plan provided by your wireless carrier. Check with your wireless carrier or review the TOU of your wireless plan for details. Under no circumstances will the Company Parties be responsible for any text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number as a result of a promotion.
Wireless plans, supported mobile providers, coverage, pricing and billing are not within our control and are subject to change. Please check with your local mobile provider for full details.
Frequency of Messages: We may send text alerts related to your appointment, for marketing communications purposes, or other purposes. You can opt out of any future text alerts, if any, after receiving a text alert by replying with the text “STOP” to such text alert or sending the text “STOP” to the toll free number. If you text “STOP” to the toll free number, you will not receive important text messages including appointment reminders. We will make every attempt to remove your phone number from our text database as soon as possible, but please allow up to five (5) business days. If your carrier does not permit text alerts, you may not receive our text alerts.
You understand, acknowledge and agree that we or our service providers may, at our or their discretion and without liability to you, terminate an offer of text alerts at any time without advance notice.
The Services are operated from the United States, and should not be accessed from any location where it would violate local laws to do so. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.
MOGL is always interested in resolving disputes amicably and efficiently. If you have any concerns or disputes, please email MOGL at support@mogl.online. Any dispute raised by you and not resolved by this informal method of resolution shall be settled by binding and confidential arbitration, notice of which must be sent by you to MOGL, per the Notice provision set forth herein, and describe the nature of the claim and relief sought. If resolution is not reached within sixty (60) calendar days, you or MOGL may commence an arbitration proceeding. The arbitration will be conducted in a forum convenient to both parties, and if the claims involved total less than $10,000, such arbitration will be conducted through document submission or telephonic hearing unless otherwise required by law. Arbitration shall be subject to the Federal Arbitration Act. The arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if applicable, the Supplementary Procedures for Consumer Related Disputes. If the value of the relief sought is $10,000 or less, at your request, MOGL will pay all arbitration fees. Notwithstanding the foregoing, MOGL may seek injunctive or other equitable relief to protect its rights in any court of competent jurisdiction. YOU ARE HEREBY GIVING UP YOUR RIGHT TO GO TO COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT. Any claims brought by you must be bought in an individual capacity, not as a class member in any representative proceeding. An arbitrator may not consolidate individuals’ claims. The arbitrator will not have authority to award damages in excess of the amount allowed by this Agreement. The arbitrator also shall be authorized to grant any equitable remedy or relief it deems just and equitable and within the scope of the Agreement. All aspects of the proceeding, ruling, decision, or award will be considered confidential between the parties. The arbitration award shall be final and binding upon the parties without appeal or review except as permitted by New York law or United States federal law. This Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, provincial or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. Notwithstanding anything to the contrary herein, any change made to this Arbitration Agreement may be rejected by you within thirty (30) calendar days of such change, and in the event of such rejection, the TOU of the original Arbitration Agreement language will apply.
If you have any questions, comments or notices regarding these TOU, please contact us at inquiries@mogl.online.
MOGL is on a mission to empower athletes. As we seek to connect athletes with brands, organizations, and fans we want to make sure that MOGL remains respectful, safe, welcoming, and fun for everyone!
The MOGL Community Guidelines (“Guidelines”) serve to clarify our expectations and empower you to feel good and make good decisions while using MOGL. These Guidelines are also designed to protect MOGL, athletes, brands, fans, and any other Users of the MOGL Platform (as each term is defined in our TOS).
These Guidelines are part of and expressly incorporated into MOGL’s TOS, and any terms defined in the TOS (such as capitalized words like “Service,” “Content,” etc.) have the same meaning here. These Guidelines explain what is and is not acceptable or allowed on MOGL, and they apply to all Users. By using our Platform, you agree to our TOS, including these Guidelines.
Have you spotted a possible violation of these Guidelines while on MOGL? If you see or hear something that doesn’t seem right, we ask that you please contact us at support@mogl.online.
If you or your content are being impersonated, or if you believe you’ve discovered content in violation of this rule, please report it at support@mogl.online.
If you or someone you know is experiencing concerns about food, exercise, or body image, support is available. Please contact the national eating disorder helpline here.
If you or someone you know has thought about suicide or self-harm, support is also available. Please contact a suicide prevention lifeline in your region or your local emergency services.
If we learn that your use of our Service or the MOGL Platform violates the rules provided in our Terms or these Guidelines, we, in our sole discretion, will act to enforce the rules. Enforcement may look like:
MOGL reserves the right, in our sole discretion, to enforce our Terms, which incorporate these Guidelines. Nevertheless, we are open to considering appeals in the following circumstances:
We my update our Community Guidelines from time to time as MOGL grows, evolves, or introduces new products, services, or features. We may also be required to make changes to comply with laws, regulations, or NCAA rules. Please return to this page on the regular for the latest version of the Community Guidelines.
This Platform Services Agreement (“Platform Agreement”) constitutes a legally binding agreement and is entered into by and between each person that accesses or uses the Platform, or entity on whose behalf a person accesses or uses the Platform, (“User”) and MOGL, Corp. (“MOGL,” “we,” “us,” and “our”). This Platform Agreement is part of and expressly incorporated into MOGL’s TOS, and terms not defined in this Platform Agreement will have the meaning set forth in the TOS. If you access the Platform on behalf of an entity, you represent and warrant that you have the authority to bind that party to this Platform Agreement.
This Platform Agreement applies to any use of MOGL’s Platform. The Marketplaces comprising the Platform allow registered Athletes or other licensors (“Athletes” or “Licensors”) of Name, Image, Likeness or similar personality or publicity rights (“NIL”) to license such rights, or provide services to, registered third-party Businesses or Fans (“Licensee Users” or “Licensees”).
THIS AGREEMENT INCLUDES AN AGREEMENT TO ARBITRATE. PLEASE REVIEW THE SECTION TITLED “DISPUTE RESOLUTION” CAREFULLY, PARTICULARLY WITH RESPECT TO ARBITRATION. UNLESS YOU OPT OUT OF ARBITRATION AS PROVIDED BELOW, THIS AGREEMENT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH MOGL, NO MATTER WHEN ARISING OR ASSERTED, THROUGH BINDING INDIVIDUAL ARBITRATION (WITH LIMITED EXCEPTIONS). YOU ACKNOWLEDGE AND AGREE THAT YOU AND MOGL EACH WAIVE THE RIGHT TO A TRIAL BY JURY, AND THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
THIS PLATFORM AGREEMENT TAKES EFFECT WHEN REGISTER FOR AN ACCOUNT ON THE PLATFORM, OR ACCESSING OR USE THE MOGL PLATFORM. THROUGH YOUR AGREEMENT YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS OF THIS AGREEMENT; (B) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE MOGL PLATFORM.
MOGL’s processing of Personal Data on the Platform is described in our Privacy Policy. You acknowledge that by using the Platform you have reviewed the Privacy Policy.
You must be 18 years or older and located within the United States to use the Platform. By using the Platform, you agree and represent that you are located within the United States, that you are at least the age of majority in the jurisdiction in which you reside, and that your use of the Platform does not violate any applicable laws or regulations.
Our Community Guidelines apply to all Users of the Platform. Failure to comply with the Community Guidelines may result (without limitation) in the suspension or termination of your User account and you may be permanently prohibited from using or creating new accounts on the Platform.
MOGL reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement, suspend, discontinue, or delete any of the terms and conditions of this Platform Agreement and review, improve, modify or discontinue, temporarily or permanently, the Platform or any content or information through the Platform at any time, effective with or without prior notice and without any liability to MOGL. MOGL may also impose limits on certain features or restrict your access to part or all of the Platform without notice or liability. In the event of any retroactive material change to your rights or our specific obligations to you under this Platform Agreement, we will notify you via your Account and/or the email address on file and provide you the opportunity to reject the modified agreement and discontinue your use of the Platform. Your continued use of the Platform following the update to this Platform Agreement constitutes your acceptance of the updated Platform Agreement.
Account Registration. As an User, your use of the Platform requires you to register for an account (“Account”). MOGL has the right to restrict anyone from completing registration of an Account if MOGL determines, in its sole discretion, that such User is not eligible to be a User of the Platform (as provided above), or may threaten the safety and integrity of the Platform or that such restriction is necessary to address any other technical, legal or business concern that MOGL may have.
User Accounts. You may register an account for the Platform as either an Athlete, Fan or a Business. You may only access our Services and your Account thorough the Apps, Portals, websites, or interfaces we provide and authorize you to use. If you are an Athlete, you may be required to authorized data sharing with MOGL by linking your social media accounts to your Account in order to complete your profile, or provide reporting, and your authorization to link or connect such third party accounts may be a condition of certain Engagements. See our Privacy Policy for more information regarding these connections.
Account Credentials. As part of the Account creation process, you may be asked to provide a username and password unique to the Account (“Login Information”). You are responsible for the confidentiality and use of your Login Information and agree not to transfer or disclose your Login Information to any third party other than an individual with express authority to act on your behalf. You are solely responsible for any activities occurring under your Account, even if not authorized by you. MOGL has no control over the use of any User’s Account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or Account or you suspect any other breach of security, you agree to notify MOGL immediately.
No Ownership Interest to the Account. Notwithstanding anything to the contrary, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to the Account are and shall forever be owned by and inure to the benefit of MOGL. MOGL does not permit the transfer of Accounts to a third party. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift, or trade any Account, and any such attempt shall be null and void and may result in termination of your Account.
Accuracy of Account Information. By registering for an Account, you represent and warrant that the name on your Account is your real name or (if applicable) the real name of your Business and that all information you submit (including but not limited to your mailing address, email address, your residential or business telephone number, and/or your mobile telephone number) is current, truthful, and accurate, and you agree to maintain the accuracy of such information. You further represent and warrant that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not your own. You authorize MOGL to verify any information through any source including use of third-party identity verification systems. If we discover that any information provided in connection with your registration is false or inaccurate, we may suspend or deactivate your account. Should any of your contact information change, you agree to immediately notify MOGL before the change goes into effect. You grant us a perpetual, irrevocable, worldwide, unlimited right and license to any information contained in your Account profile to provide, improve, and develop new products and services, subject to any limitations set forth in our Privacy Policy.
Account Cancelation/Deactivation. You have the right to cancel your Account at any time. You understand and agree that, except as expressly provided by law, the deactivation of your Account is your sole right and remedy with respect to any dispute you may have with MOGL.
Suspension Right. MOGL RESERVES THE RIGHT TO SUSPEND AND/OR TERMINATE YOUR ACCOUNT AT ANY TIME FOR FAILURE TO ADHERE TO THIS AGREEMENT OR FOR ANY OTHER REASON OR NO REASON AT ALL, WITH NO LIABILITY TO YOU UNDER ANY THEORY OF LAW, INCLUDING TORT OR CONTRACT, AND WITH NO LIABILITY TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS.
No Suspension Notice Requirement. You acknowledge and agree that MOGL is not required to provide you notice before suspending or terminating your Account, and/or your access to the Platform. In the event that your Account is suspended, terminated, or cancelled, you will have no further access to your Account or anything associated with it (including Accounts on the system for which you may have been previously responsible).
Perpetual Suspension/Termination. If MOGL suspends or terminates your Account pursuant to this section, you are thereafter prohibited from registering and creating a new Account under your name or business name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
Survival post Termination. Even after your right to use the Platform is suspended or terminated, this Platform Agreement will remain enforceable against you. MOGL reserves the right to take appropriate legal action pursuant to the Platform Agreement.
Suspension/Termination and Active Engagements. If your account is suspended or terminated, we reserve the right to suspend and/or terminate the performance of any Engagements you may have accepted but not yet completed as of the date of suspension or termination. Athlete payments will be made to Athletes, and charged to Fans or Businesses, with respect to Engagements that have been: (i) completed and accepted as of the suspension or termination date or delivered, or (ii) completed or delivered as of the suspension or termination date and subsequently accepted by the Fan or Business. Engagements that have not been completed or delivered as of termination will be canceled if your account is terminated, and may be canceled in MOGL’s sole discretion in the event of account suspension.
Scope. This “General Marketplace Terms” section applies to Users’ use of the Marketplaces.
Marketplace Overview. The Marketplaces facilitate Engagements between Athletes and Businesses or Fans. “Businesses” are individuals, businesses, and/or nonprofit organizations seeking to license NIL rights and procure ancillary marketing, promotional, or similar services from Athletes through the NIL Marketplace (“Business Engagement”). Fans are individual users of the Platform who license NIL Rights and procure ancillary marketing, promotional, or similar services from Athletes through NILFans (“Fan Engagement”). Users may include Businesses, Fans, and Athletes as appropriate. Business Engagement and Fan Engagements are referred to as “Engagements.”
Contracts; Independent Engagements. If you are an Athlete that accepts and agrees to perform an Engagement with a Business, or Fan, you and such other party form a contract directly between the two of you, and not with MOGL (“Engagement Agreement”). You acknowledge that your Engagement Agreement may include Business or Fan-defined terms and conditions which are separate from these Terms, but the fulfillment of which may be a condition of payment. Neither MOGL nor its Affiliates are not a Party to Engagement Agreements, do not perform or create Engagements, and do not employ or act as an agent to anyone performing or creating Engagements. Engagement Agreements may not violate the TOS, expand or modify MOGL’s or its Affiliates’ obligations, or limit MOGL’s or its Affiliates’ rights under the TOS. Users do not have authority to enter into written or oral contracts (whether express or implied) on behalf of MOGL or its Affiliates. Neither MOGL nor its Affiliates will be obligated to compensate Athletes for any Business or Fan’s failure to pay for an Engagement.
No Employment. The Platform is not an employment agency service or business and neither MOGL nor its Affiliates is not an employer of any User. Neither MOGL nor its Affiliates control or direct Athletes’ performance of their services or set their work locations, work hours, or terms of work. Businesses and Users procure and Athletes provide services under their own name or Business name, and not under MOGL’s nor any Affiliates’ names. Users provide their own tools and supplies to perform their Engagements; neither MOGL nor its Affiliates provide the tools or supplies. All Athletes are free to maintain business without any restrictions from MOGL or its Affiliates and are free to offer and provide their services elsewhere, including through competing platforms. As such, neither MOGL nor its Affiliates is not responsible for and will not be liable for workers’ compensation or any tax payments or withholding, including but not limited to unemployment or employment insurance, social security, disability insurance, or any other applicable federal or state withholdings in connection with an Athlete’s use of the Platform. Based on applicable legal guidelines, as between MOGL, its Affiliates and a Business, the Business assumes any and all liability for proper classification of their workers related to the Engagement, and neither MOGL nor its Affiliates makes no representation or warranty as to same.
Disclaimers. USERS ARE INDEPENDENT INDIVIDUALS OR ENTITIES AND ARE NOT AFFILIATED WITH MOGL NOR ITS AFFILIATES. NEITHER BUSINESSES, FANS, NOR ATHLETES ARE EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, INDEPENDENT CONTRACTORS OR FRANCHISEES OF MOGL. MOGL DOES NOT PERFORM ENGAGEMENTS AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM ENGAGEMENTS. BY CONNECTING USERS SEEKING SERVICES WITH ATHLETES, MOGL OPERATES AS ONLY A MARKETPLACE THAT CONNECTS BUSINESSES AND FANS WITH ATHLETES WHO WISH TO PERFORM ENGAGEMENTS.
NEITHER MOGL, NOR ITS PARENTS, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY REFERRED TO AS “AFFILIATES” ) IS RESPONSIBLE OR LIABLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE MOGL PLATFORM AND, TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE MOGL AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE MOGL PLATFORM.
Acknowledgement. YOU HEREBY ACKNOWLEDGE THAT MOGL DOES NOT SUPERVISE, SCOPE, DIRECT, CONTROL OR MONITOR ENGAGEMENTS WITH ANY BUSINESS THAT YOU MAY CONTRACT WITH THROUGH THE MOGL PLATFORM AND EXPRESSLY DISCLAIMS (TO THE EXTENT PERMITTED BY LAW) ANY RESPONSIBILITY AND LIABILITY FOR THE WORK PERFORMED AND THE ENGAGEMENTS IN ANY MANNER, INCLUDING BUT NOT LIMITED TO ANY REPRESENTATIONS OR WARRANTIES MADE BY A BUSINESS, INCLUDING WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, STATUTE, ORDINANCE, REGULATION, OR CODE, INCLUDING WITHOUT LIMITATION THE FTC ENDORSEMENT GUIDES AND NCAA REGULATIONS. MOGL IS NOT RESPONSIBLE FOR THE PERFORMANCE OR COMMUNICATIONS OF USERS, NOR DOES IT HAVE CONTROL OVER THE QUALITY, TIMING, LEGALITY, FAILURE TO PROVIDE, OR ANY OTHER ASPECT WHATSOEVER OF ENGAGEMENTS, ATHLETES, OR BUSINESSES, NOR OF THE INTEGRITY, RESPONSIBILITY, COMPETENCE, QUALIFICATIONS, OR ANY OF THE ACTIONS OR OMISSIONS WHATSOEVER OF ANY USERS, OR OF ANY RATINGS OR REVIEWS PROVIDED BY USERS WITH RESPECT TO EACH OTHER. MOGL MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, OR ACCURACY OF THE ENGAGEMENTS REQUESTED OR SERVICES PROVIDED BY, OR THE COMMUNICATIONS OF OR BETWEEN, USERS IDENTIFIED THROUGH THE MOGL PLATFORM, WHETHER IN PUBLIC OR PRIVATE, VIA ON- OR OFF-LINE INTERACTIONS, OR OTHERWISE.
Profiles. User profiles are completed by Users. MOGL does not verify or warrant any aspect of any User profile, including relevant skills, follower counts, reputation, competencies, etc. Any reference on the Platform to any User being rated or credentialed reflects the User’s self-reported skills, or may reflect community-generated reviews. Any such description is not an endorsement, certification or guarantee by MOGL of such User’s skills or qualifications or whether they are licensed, insured, trustworthy, safe or suitable. Instead, any such description is intended to be useful information for other Users to evaluate when they make their own decisions about the identity and suitability of Users whom they select, interact, or contract with via the Platform.
Messaging and communications. The Platform may contain profiles, direct messaging, email systems, blogs, message boards, reviews, ratings, Marketplace/Engagement postings, forums, communities and/or other message or communication facilities that allow Users to communicate with other Users (“Communications Tools”). You may only use Communications Tools to send and receive messages and materials that are relevant and proper and in accordance with our Community Guidelines. You may be limited in the means and frequency in which you are permitted to message or communicate with Users on the Platform. You agree to respect all such limitations, and may not circumvent any messaging caps, blocking functionality, or other technical limitations placed on your use of Communications Tools on the Platform. For the safety and integrity of the Platform, you should not share your personal contact information with other Users. MOGL does not monitor chat threads or the content of communications sent via Communications Tools. You understand that any submissions made on your public profile, reviews, endorsements, and the like will be public and that you will be publicly identified by your name or login identification when communicating using any features or functions of Communications Tools that allow for public posting. MOGL will not be responsible for the action of any Users with respect to any information or materials posted in public areas of the Platform, or otherwise communicated via Communications Tools on the Platform. Please see our Privacy Policy for more information regarding how your personal data will be processed via the Platform.
Payments. Unless otherwise provided in a separate agreement between you and MOGL, payments (whether from Businesses or Users, or to Athletes) for each Engagement will be transacted solely in US dollars, using MOGL’s chosen third-party payment processing provider. You must use the payment processing provider(s) offered by MOGL, and you will be responsible for transaction fees associated with each payment transaction, unless otherwise agreed in writing with MOGL. You understand you may be required to create an account with the third-party payment processor in some cases. If you do not provide the payment provider with all required information for any transactions or your account, you may not be able to receive the payments due to you. You acknowledge and agree that MOGL does not operate, own, or control the payment provider and your use of any payment provider is subject to that parties own, separate terms, conditions, and privacy policies. You agree that we are not responsible for any delay, failure, damage, or liability caused by a payment processor or any other third party systems, your failure to properly set up an account with the payment provider or otherwise provide requested information for payment. Notwithstanding anything to the contrary contained in these Platform Agreement, MOGL reserves the right, in its sole discretion, to withhold, delay, or seek repayment of any payments MOGL believes that relate to fraud, money laundering, or other violation of law, regulation, or the TOS that MOGL believes, in its sole discretion, has occurred with respect to any Business, User, Fan, Engagement, payment transaction, or any other use of the Platform.
Your Content. As between Athletes and MOGL, Fans, Business and other Users, Athletes solely own all User Generated Content the Athlete creates for a Fan or Business as part of an Engagement, including all intellectual property, privacy, publicity or NIL rights therein (“Engagement Content”), subject to the licenses set forth below. In addition to the Marketplace-specific licenses to MOGL, Businesses and Fans detailed below, when you upload, submit, store, send, transmit or otherwise provide or accept any Engagement Content to or through our Platform, you hereby grant MOGL and its Affiliates a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, unrestricted, sublicensable (through multiple tiers), transferable right to exercise all copyrights, publicity rights, and any other rights you have in such Engagement Content, as consideration for use of the Platform, to (“Base License”):
Licenses. You acknowledge and agree that MOGL cannot restrict the use of your Engagement Content or other offerings by Businesses and Fans. You will promptly notify us if you learn that any Engagement Content is being used in violation of our TOS or Engagement Agreement. We will reasonably cooperate with your efforts to address the violation. However, you acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities related to use of the Business Content for any reason, including if the use exceeds any Business Content License or Fan Content License.
Content Rights. You may not sell, resell, commercialize, or encumber your rights in any Engagement Content in any way that limits your ability to grant the rights and licenses to Engagement Content under this Platform Agreement. We may sublicense our rights as needed to provide our Platform and Services.
Waiver of moral rights. You hereby waive any and all moral rights in or to any Engagement Content.
Representations and Warranties. If you upload, submit, store, send, transmit or otherwise provide Engagement Content through the Platform, you represent and warrant that:
Engagement Indemnification. Each User hereby shall indemnify, defend and hold harmless, MOGL and its Affiliates from against any claim, liability, or cause of action, whether now known or unknown, relating to Engagements entered into with other Users on the Platform and with respect any Engagement Content produced or procured through the Platform, including without limitation, for your breach of any Engagement Agreement, or any defamation, malicious falsehood, invasion of right to privacy, data protection, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of any person’s identity, content, physical likeness, media, or voice or other NIL rights granted in connection with the Platform, or any other violation of a third party’s intellectual property or NIL rights through the provision of use of any Engagement Content by you or on your behalf.
Scope. This “NIL Marketplace Terms” section applies to your use of the NIL Marketplace and all Business Engagements. If you are a Business or Business User that is party to a separate agreement with MOGL (e.g. our Business Subscription Agreement) then that agreement controls to the extent of any conflict with these Platform Terms.
Contracts between Businesses and Athletes. Businesses may require Athletes to agree to a separate Engagement Agreement that specifies supplemental terms for each Business Engagement. Athletes are free to accept or reject Business Engagements; however acceptance of an Engagement Agreement may be a condition of a Business Engagement. Athletes are not penalized for rejecting Businesses or Engagement Agreements, though if you accept a Business Engagement through the Platform, you agree to fulfill your obligations with respect to the Engagement. Users set their own rates for services performed in the MOGL general marketplace, without involvement or deduction by MOGL; however, MOGL may add or charge supplemental fees as set forth in this Platform Agreement.
Posting Engagements. All proposed Engagements that Businesses or their Users submit through the Platform must conform to our Community Guidelines. Businesses are solely responsible for ensuring that any Engagement Agreement and licenses to Business Content commissioned as part of an Engagement meet the Business’s requirements. The Business Content License below is provided for your convenience. As between Business and MOGL, the Business is solely responsible for obtaining or ensuring that it has obtained the necessary rights to any Business Content and that the Engagement and Engagement Content comply with applicable Law.
Payment; Payout. If you are an Athlete that accepts a Business Engagement on the Platform, you agree to use your best efforts to perform the Engagement in a timely fashion and in accordance with these TOS and the Business Engagement Agreement. You are entitled to payment under an Engagement only when the Engagement is completed and approved by the Business. If you are a Business, when you indicate that an Engagement has been completed, you will be charged for the Engagement at the agreed rate, plus all applicable transactions and services charges. All completed engagements are considered closed and may not be reopened or refunded.
Disputes. If an Athlete or Business fails to perform Engagement in accordance with expectations or the Engagement Agreement, Businesses and Athletes should communicate directly to resolve the dispute.
License to Business. If you upload, submit, store, send, transmit or otherwise provide or Engagement Content through the NIL Marketplace (“Business Content”), you hereby grant to the Business (or party identified by the Business in the Engagement Agreement) (“Business Content License”):
The Business Content License: (i) is superseded and replaced to the extent of any other licenses to the Business Content specified in an Engagement Agreement to which the Business and Athlete are a party; and (ii) applies only to content provided to Businesses through our Platform, and not to content produced and hosted on third party platforms (e.g. endorsement content on social media sites). This Brand Content License is provided for the convenience of Users, and is not legal advice, and no warranty is make as to the sufficiency of the license, its suitability for any User’s needs, and MOGL shall have no liability whatsoever relating to the Brand Content License.
License to MOGL. In addition to the Base License and Business License, to the extent permitted by law and subject to the exceptions below, if you upload, submit, store, send, transmit or otherwise provide or Business Content through the Platform and if you accept such Business Content as a Business, the Athlete and Business (on behalf of itself or other licensee party identified in the Engagement Agreement) each hereby grant MOGL and its Affiliates a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, unrestricted, sublicensable (through multiple tiers), transferable right to any Brand Content (“MOGL Business Content License”) to:
You acknowledge and agree that this license is royalty free, and MOGL has no obligation to share any revenue received by MOGL as a result of any such uses. If you do not wish for MOGL to use, reproduce, license, distribute, publicly perform, or publicly display the Business Content or adaptions, modifications or derivative works thereof as set foth in the MOGL Business Content License, you may opt out of such paid uses by notifying MOGL in writing at RightsManagement@MOGL.online using the email address associated with your account. The foregoing license is superseded to the extent any portion of the foregoing license is inconsistent with, prohibited or limited in any agreement between the Business and MOGL, including without limitation, with respect to the use of Business trademarks or other intellectual property.
Athlete Representations. With respect to Business Content, you further represent and warrant that: (a) any statements that you make in connection any Engagement performed for Business are factually correct and not misleading, are not disparaging or defamatory, and represent your true opinion; and (b) you will comply with all applicable laws, rules, and regulations, including the Federal Trade Commission Endorsement Guides.
Beneficiary. The Business is an intended third-party beneficiary of the Business Content License, with full power and authority to enforce, in the Business’s own name, any rights granted to the business hereunder.
Scope. This “NILFans Terms” section applies to your use of NILFans and all Fan Engagements.
Contracts between Fans and Users. You acknowledge and agree that a legally binding contract with a User is formed when you and the respective Fan agree on a Fan Engagement. Fan Engagements may allow Fans to request certain specified services, and provide limited specifications regarding the Fan Engagement. Athletes that accept a Fan Engagement will use their best efforts to provide Fan Content that conforms to the product/service offered and accepted, and subject to any specifications (e.g. callout names, etc.) MOGL permits the fan to specify as part of the Fan Marketplace.
License to Fan. If you upload, submit, store, send, transmit or otherwise provide or Engagement Content through the Fan Marketplace (“Fan Content”), upon the Fan’s acceptance of the Content and payment as provided in the TOS, the Athlete hereby grants to the Fan entering the Engagement (and any other licensee party identified by the Fan in the Engagement Agreement) a personal, non-transferable, non-exclusive, royalty-free, fully paid, worldwide, sublicensable, license to download a reasonable number of copies, make a reasonable number of reproductions, and publicly perform on the Fan’s personal social media accounts or pages or personal webpage, the Fan Content, in each case, solely in the form provided to the Fan, and solely for the Fan’s personal, non-commercial purposes.
The Fan Content License applies only to content provided to Fans through our Platform, and not to content produced and hosted on third party platforms (e.g. shout-outs that tag you on social media sites). This Fan Content License may be superseded by any agreement between the Fan and Athlete. This Fan Content License is provided for the convenience of Users, and is not legal advice, and no warranty is make as to the sufficiency of the license, its suitability for any User’s needs, and MOGL shall have no liability whatsoever relating to the Fan Content License.
License to MOGL. In addition to the Base License and Fan License, to the extent permitted by law and subject to the exceptions below, if you upload, submit, store, send, transmit or otherwise provide or Fan Content through the Platform and if you accept such Fan Content as a Fan, the Athlete and Fan (on behalf of itself or the party identified in the Engagement Agreement) each hereby grant MOGL and its Affiliates a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, unrestricted, sublicensable (through multiple tiers), transferable right toto the extent permitted by law, you hereby grant MOGL and its Affiliates a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, unrestricted, sublicensable (through multiple tiers), transferable right to any Fan Content (“MOGL Fan Content License”):
You acknowledge and agree that this license is royalty free, and MOGL has no obligation to share any revenue received by MOGL as a result of any such uses. If you do not wish for MOGL to use, reproduce, license, distribute, publicly perform, or publicly display the Fan Content or adaptions, modifications or derivative works thereof in paid advertising, you may opt out of such paid uses by notifying MOGL in writing at RightsManagement@MOGL.online using the email address associated with your account
Merch. All sales of merchandise or other physical goods as part of a Fan Engagement are: (i) provided without any warranty by MOGL or its Affiliates; (ii) sold on an AS-IS basis and the Fan purchasing the goods are solely responsible for verifying the goods meet their requirements prior to purchase; (iii) the Athlete offering to sell the goods is solely responsible for the description and accuracy of any listing; and (iv) the offer and acceptance via the Platform represents a direct contract for the sale of goods between the Athlete and Fan, and MOGL is not, and shall not be considered a party to such purchase and sale contract.
Acceptance; Payout. If you are an Athlete that accepts a Fan Engagement on the Platform, you agree to use your best efforts to perform the Fan Engagement in a timely fashion and in accordance with these TOS. If you are a Fan, you must pay for services offered as part of an Engagement as soon as the Athlete accepts the Fan Engagement. An Engagement for services is completed when you mark it as complete in the Platform, if you exercise any of the rights granted to in the Fan Content (including any license rights, as well as other rights that may granted to you as part of the Engagement) or if the Engagement is completed by the Athlete without you disputing that the services were completed within 21 days. Payment for any goods offered via the Fan Marketplace are payable immediately upon and as a condition of purchase. Athletes are responsible for all costs of shipping unless specified at the time of purchase.
Third Party Beneficiary. The Fan is an intended third-party beneficiary of the Fan Content License, with full power and authority to enforce, in the Fan’s own name, any rights granted to it.
In addition to any other representations and warranties contained elsewhere in this Platform Agreement, all Users represent and warrant that:
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Platform Agreement.
The provisions of this Platform Agreement are for the sole benefit of MOGL, its Users, and their permitted successors and assigns, and they will not be construed as conferring any rights to any third party (including any third party beneficiary rights except as set forth below) or to give any person or entity other than the User any interest, remedy, claim, liability, reimbursement, claim of action or any other claim of action with respect to or in connection with any agreement or provision contained herein or contemplated hereby. None of the terms of this Platform Agreement are enforceable by any persons who are not a party to this Platform Agreement.
MOGL may from time to time provide certain promotional opportunities and contests to Users. All such promotions will be run at the sole discretion of MOGL, and can be implemented, modified, or removed at any time by MOGL without advance notification. The liability of MOGL and Affiliates, as well as any of MOGL’s corporate partners pursuant to such promotional opportunities and contests, shall be subject to all conditions and limitations set forth in this Platform Agreement.
WITHOUT LIMITATION OF THE GENERAL DISCLAIMER AND LIMITATIONS OF LIABILITY SET FORTH IN THE TOU, THE MOGL PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, GOOD AND WORKMANLIKE SERVICES, AND NON-INFRINGEMENT. MOGL AND ITS AFFILIATES MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE MOGL PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE MOGL PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY, OR IN TORT FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE MOGL PLATFORM, (III) ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND OUR REASONABLE CONTROL.
MOGL does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third-party through the Platform or any hyperlinked website or featured in any banner or other advertising, and MOGL will not be a party to or in any way be responsible for any transaction between you and other Users, or you and third-party providers of products or services. Without limiting the foregoing, MOGL and Affiliates do not warrant that access to the Platform will be uninterrupted or that the Platform will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the Platform, or as to the timeliness, accuracy, reliability, completeness or content of any Engagement, service, information or materials provided through or in connection with the use of the Platform. MOGL and Affiliates are not responsible for the conduct, whether online or offline, of any User. MOGL and Affiliates do not warrant that the Platform is free from computer viruses, system failures, worms, trojan horses, or other harmful components or malfunctions, including during hyperlink to or from third-party websites.
MOGL is not affiliated or sponsored in any way by the NCAA or any of its conferences or member institutions. No warranty or representation is made as to compliance with NCAA (or similar governing body), conference, or institutional rules or regulations, or with respect to the status of state or federal laws governing current collegiate athletes’ rights to be compensated either generally or for the use of their name, image, and likeness (collectively, “NCAA Regulations”). THE USE OF THE MOGL PLATFORM AND PERFORMANCE OF ENGAGEMENTS BY CURRENT COLLEGIATE ATHLETES ARE NOT SPECIFICALLY AUTHORIZED BY LAW IN ALL STATES, ARE NOT YET PERMITTED WITHOUT RESTRICTION BY NCAA REGULATIONS, AND COULD POTENTIALLY RESULT IN VIOLATIONS OF NCAA REGULATIONS (NOT ONLY AS TO THE ATHLETE, BUT ALSO AS TO THEIR RESPECTIVE INSTITUTION AND TEAM) AND JEOPARDIZE THE ATHLETE’S ELIGIBILITY AND AMATEUR STATUS. Athletes, Fans and Businesses are responsible for knowing and complying with the NCAA Regulations and are required to consult with the Athlete’s institution’s athletic department or compliance staff prior to accepting any Engagements as necessary in connection with any Engagement.
MOGL expressly prohibits conduct in violation of NCAA Regulations and encourages all Users to take all appropriate measures to ensure their compliance and the integrity of the Platform’s marketplace. If you suspect that a User or Engagement is in violation of NCAA Regulations, please report such conduct to MOGL. If MOGL has reason to suspect that your actions on the Platform or in connection with any Engagements may violate NCAA Regulations, MOGL reserves the right, in its sole discretion, to take reasonable steps in response to such potential violations, including but not limited to suspending or terminating your Account; reporting such conduct to the NCAA, the Athlete’s institution, or other appropriate authorities or entities. You expressly authorize MOGL to provide true and accurate information about you, your Account, and your activities on the Platform in the event of an investigation by the Athlete’s institution, conference, the NCAA (or similar governing body), or any other appropriate authorities or entities, including federal, state, and local law enforcement.
You acknowledge and agree that MOGL is only willing to provide the Platform if you agree to certain limitations of our liability to you and third parties. Therefore, you agree not to hold MOGL and Affiliates, or their corporate partners, liable for any claims, demands, damages, expenses, losses, governmental obligations, suits, and/or controversies of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, direct, indirect, incidental, actual, consequential, economic, special, or exemplary, including attorneys’ fees and costs (collectively, “Liabilities” ) that have arisen or may arise, relating to your or any other party’s use of or inability to use the Platform, including without limitation any Liabilities arising in connection with the conduct, act or omission of any User (including without limitation violation of NCAA Regulations, stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property), any dispute with any User, any instruction, advice, act, or service provided by MOGL and Affiliates, and any destruction of your User Generated Content.
UNDER NO CIRCUMSTANCES WILL MOGL AND AFFILIATES OR THEIR CORPORATE PARTNERS BE LIABLE FOR, AND YOU HEREBY RELEASE MOGL AND AFFILIATES AND THEIR CORPORATE PARTNERS FROM ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY MOGL, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR ATTORNEYS FEES AND COSTS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THE MOGL PLATFORM OR THE ENGAGEMENT SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. Some jurisdictions do not allow the exclusion of certain warranties or limitation of incidental or consequential damages; in such cases the above limitations may not apply to you in their entirety but shall be construed to apply to the maximum extent allowed by law.
MOGL AND AFFILIATES EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS MOGL PLATFORM. MOGL AND AFFILIATES ALSO DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE MOGL PLATFORM.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT MOGL AND AFFILIATES OR THEIR CORPORATE PARTNERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE GREATER OF 1) ONE HUNDRED DOLLARS ($100), OR 2) TOTAL FEES PAID BY YOU TO MOGL DURING THE 6 MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.
TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542, WHICH READS AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
If you are not a California resident, you waive your rights under any statute, regulation, or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.
In addition to the indemnification obligations set forth in the Marketplace Terms, you hereby agree to indemnify, defend, and hold harmless MOGL and Affiliates from and against any and all Liabilities incurred in connection with (i) your use or inability to use, or your participation on, the Platform; (ii) your participation in Engagements, or your ability or inability to perform or obtain the performance of Engagements or to receive payment therefore; (iii) your breach or violation of this Platform Agreement; (iv) your violation of NCAA Regulations, any law, or the rights of any User or third party; (v) your failure to abide by your representations and warranties in this Platform Agreement; (vi) any content submitted by you or using your account to the Platform, including but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful; and (vii) if you are a Business, the acts or omissions of any agents acting on your behalf. MOGL reserves the right, in its own sole discretion, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of MOGL.
MOGL is always interested in resolving disputes amicably and efficiently. If you have any concerns or disputes, please email MOGL at support@mogl.online. Any dispute raised by you and not resolved by this informal method of resolution shall be settled by binding and confidential arbitration, notice of which must be sent by you to MOGL, per the Notice provision set forth herein, and describe the nature of the claim and relief sought. If resolution is not reached within sixty (60) calendar days, you or MOGL may commence an arbitration proceeding. The arbitration will be conducted in a forum convenient to both parties, and if the claims involved total less than $10,000, such arbitration will be conducted through document submission or telephonic hearing unless otherwise required by law. Arbitration shall be subject to the Federal Arbitration Act. The arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if applicable, the Supplementary Procedures for Consumer Related Disputes. If the value of the relief sought is $10,000 or less, at your request, MOGL will pay all arbitration fees. Notwithstanding the foregoing, MOGL may seek injunctive or other equitable relief to protect its rights in any court of competent jurisdiction. YOU ARE HEREBY GIVING UP YOUR RIGHT TO GO TO COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT. Any claims brought by you must be bought in an individual capacity, not as a class member in any representative proceeding. An arbitrator may not consolidate individuals’ claims. The arbitrator will not have authority to award damages in excess of the amount allowed by this Platform Agreement. The arbitrator also shall be authorized to grant any equitable remedy or relief it deems just and equitable and within the scope of the Platform Agreement. All aspects of the proceeding, ruling, decision, or award will be considered confidential between the parties. The arbitration award shall be final and binding upon the parties without appeal or review except as permitted by New York law or United States federal law. This Arbitration Platform Agreement does not preclude you from bringing issues to the attention of federal, state, provincial or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. Notwithstanding anything to the contrary herein, any change made to this Arbitration Platform Agreement may be rejected by You within thirty (30) calendar days of such change, and in the event of such rejection, the terms of the original Arbitration Platform Agreement language will apply.
You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which this Platform Agreement refers electronically, including without limitation by email, push notification, or by posting Notices on the Sites. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. Unless otherwise specified in this Platform Agreement, all Notices under this Platform Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by email, push notification, or other form of electronic messaging; or the day it is shown as delivered by the overnight delivery service’s tracking information, if sent for next day delivery by a recognized overnight delivery service.
If you have any questions about this Platform Agreement or about the Platform, please contact us by email at support@mogl.online.
You acknowledge that telephone calls to or from MOGL, together with its agents and Affiliates, may be monitored and recorded for the purposes of quality control and training.
By using the Platform, you agree to transact electronically through the Platform. You also agree to the following: (i) your electronic signature is the legal equivalent of your manual signature and has the same legal effect, validity and enforceability as a paper-based signature; (ii) your use of a keypad, mouse or other device to select an item, button, icon or similar act/action, constitutes your signature as if actually signed by you in writing; and (iii) no certification authority or other third party verification is necessary to validate your electronic signature, and the lack of such certification or third party verification will not in any way affect the enforceability of your electronic signature.
Except as expressly provided otherwise, this Platform Agreement and your use of the Platform will be 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 Platform 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 Services 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 Borough of Manhattan and County of New York.
This Brand Subscription Agreement, together with its exhibits, incorporated documents, and the Ordering Documentation, each of which are hereby incorporated by reference into this Brand Subscription Agreement (collectively, the “Brand Agreement”) form a binding agreement between MOGL Corp. (“MOGL”) and the Customer (defined below). This Brand Agreement is part of and expressly incorporated into MOGL’s TOS, and terms not defined in this Platform Agreement will have the meaning set forth in the TOS. This Brand Agreement is effective as of the date Customer or any Authorized User enters into this Brand Agreement as provided below (“Effective Date”).
When you sign up for an subscribe to the Services, purchase a Service subscription or indicate your acceptance of these Terms, you are agreeing to these Terms on your behalf, or if you represent an organization, on behalf of the organization indicated on the Ordering Documentation (“Customer”). You represent and warrant that: (i) you are not a minor and otherwise have the capacity to enter into these Terms; (ii) that you have full authority to bind Customer to these Terms, and (iii) you have read and understand these Terms.
THIS BRAND AGREEMENT INCLUDES AN AGREEMENT TO ARBITRATE, AND YOU WAIVE YOUR RIGHT TO BRING CLAIMS IN COURT, BEFORE A JURY, AND ON A CLASS BASIS OR AS PART OF SIMILAR COLLECTIVE ACTIONS. PLEASE SEE SECTION 14.1 FOR ADDITIONAL INFORMATION.
1. DEFINITIONS
“Authorized Users” means Customer Users who are authorized by Customer to access and use the MOGL Platform.
“Athlete” means any individual End User (e.g. and athlete or other individual) offering to license the individual’s name, image, or likeness rights to third parties in connection with a Campaign or other opportunity offered through the MOGL Platform.
“Athlete Fee” means the name, image, and likeness license fee payable to each Athlete that accepts an offer for a Campaign, exclusive of any taxes or withholdings.
“Campaign” means the certain Customer or Customer-initiated third-party advertising campaigns or NIL licensing engagements that MOGL Accepts and offers to Athletes via the MOGL Platform, as further specified in the Campaign Request.
“Campaign Content” means any Customer IP, assets, creative elements, instructions, and guidelines associated with a Campaign, each to the extent provided by or on behalf of Customer for use in relation to a Campaign.
“Campaign Terms” means any requirements, conditions, or obligations of the Athlete to the Customer in relation to the Campaign.
“Campaign Request” means the Customer-specified details of each Campaign (e.g. Athlete Fee, Campaign Terms, Campaign Content, Campaign-specific reporting requirements and other Campaign-specific instructions and requirements, etc.) that Customer submits through the then-current Campaign approval process on the MOGL Platform.
“Customer Content” means any files, media, data, or other content uploaded to the Service by Customer or any Customer Users.
“Customer IP” means (i) Customer Content; (ii) Customer’s Marks; (iii) Campaign Content and (iv) any of Customer’s other IP created by Customer prior to the Effective Date of this Brand Agreement or independently of this Brand Agreement or the Services provided hereunder.
“Documentation” means any written specifications, requirements, training or ‘how-to’ guides or manuals and any other information about installation, configuration, interoperability and use, including any updates thereto, as provided or made available in writing by or on behalf of MOGL.
“Effective Date” means, with respect to the Initial Term, the date on which Customer accepts these Terms, and with respect to each Renewal Term, the first date of each Renewal Term.
“End Users” means any individual accessing the Services: (i) on behalf of Customer (“Customer Users”); or (ii) any Athlete or any agent acting on the Athlete’s behalf (collectively, “Athlete Users”).
“Fees” means the Athlete Fee, Campaign Fee, Subscription Fee (each as applicable), Processing Charges, and any other fees or amounts payable to MOGL under the Ordering Documentation.
“IP” means any and Marks, patents, patent applications, copyrights, trade secrets, know-how, and any other intellectual property rights throughout the world, including any moral rights therein.
“Law” means any legislation, statute, rule, regulation, ordinance, code, order, constitution, treaty, common law, judgment, or other binding law in a competent jurisdiction.
“Marks” means any trade names, trademarks, service marks, or other proprietary marks, whether registered or unregistered, and all goodwill therein.
“MOGL IP” means, as between the parties, and except for any Customer IP, all IP in or to: (i) the MOGL Platform, the Software, Documentation, and all other MOGL products and services, and all improvements, enhancements or modifications thereto, or derivative works thereof; (ii) any content, information, and any other IP provided by, collected from, or created by MOGL; (iii) any content, information, and any other IP that is created from or in connection with the performance of the Services, (iv) MOGL Personal Data; (v) MOGL’s Marks; and (vi) all other IP, including without limitation, any software, applications, inventions or other technology, developed in connection with the performance or delivery of the Services, except as expressly provided herein.
“MOGL Platform” means MOGL’s software-as-a-service platform that connects Athletes with brands and fans and Campaigns, including the NIL Marketplace, and other features or functionality, each to the extent specified on the Ordering Documentation, inclusive of any updates or improvements thereto.
“MOGL Personal Data” means any Personal Data processed by MOGL in its performance of the Services or processed by MOGL in its capacity as a data controller (or analogous term under applicable Law), including all Personal Data collected from End Users using the MOGL Services.
“NIL Marketplace” means the MOGL Platform and features and functionality thereof allowing Athletes to view, accept, and document Campaigns from MOGL-authorized sponsors, brands, companies, organizations, and other licensees of Athlete rights.
“Ordering Documentation” means the: (i) Subscription Plans in effect as of the Effective Date and which are applicable to Customer’s subscription to the Services; and (ii) any order form, SOW, or other online subscription forms (e.g. customer account forms) referencing, incorporating, or submitted in connection with Customer’s acceptance of this Brand Agreement.
“Platform Terms” means the MOGL Terms of Service, Privacy Policy, and other general terms applicable to Customer or Customer Users (each located at https://www.mogl.online/legal-terms) and Documentation, each as updated from time to time.
“Processing Charges” means any additional fees actually paid or payable by MOGL to MOGL’s payment processor (e.g. credit card processed fees) in connection with the payment of Fees hereunder.
“Reports” means any account activity summaries, revenue reports, or similar reports or account information made available to Customer about Athletes or Campaigns through the MOGL Platform.
“Subscription Fees” means the fees payable for a Customer subscription to the MOGL Platform or other periodic recurring charges for MOGL’s provision of the Services, each as specified in the Ordering Documentation (if applicable to under the applicable Subscription Plan).
“Services” means the MOGL Platform together with any additional services specified in the “MOGL Services” section of the Ordering Documentation.
“Software” means the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the MOGL Platform, any Services, or the Documentation, and any databases related thereto.
“Subscription Plan” means the then-current information maintained by the MOGL on the Website describing the subscription plans, Campaign Fee, Subscription Fees and other Fees, and features offered by MOGL granting access to certain features, modules, and Customers of the Service.
“Service Fees” means the fees payable by Customer to MOGL with respect to each Campaign offered by MOGL on the Platform (if applicable).
“Website” shall mean MOGL's website found at https://www.mogl.online, including without limitation all any subdomains thereof and other websites operated by MOGL in relation to the MOGL Platform.
2. MOGL PLATFORM
3. CAMPAIGN SERVICES
4. RIGHTS AND OWNERSHIP
5. FEES; SUBSCRIPTION MODIFICATIONS
6. CUSTOMER RESPONSIBILITIES
7. DATA & SECURITY
8. CONFIDENTIALITY; PROPRIETARY RIGHTS
9. TERM AND TERMINATION
10. WARRANTIES; DISCLAIMERS.
11. INDEMNITY
12. LIMITATION OF LIABILITY
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE MOGL PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANY CUSTOMER USERS WITH RESPECT TO THE SERVICES OR OTHERWISE ARISING OUT OF OR RELATING TO THIS AGREEMENT, REGARDLESS WHETHER UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL THEORY, FOR: (I) ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS, REVENUE OR PROFITS; OR (II) ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.
MOGL’S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED THE FEES PAID BY CUSTOMER IN THE 12 MONTHS PRIOR TO THE INCIDENT GIVING RISE TO SUCH LIABILITY.
SOME STATES DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF WARRANTIES OR LIABILITY, SOME OR ALL OF THE LIMITATIONS AND EXCLUSIONS SET FORTH IN ABOVE MAY BE HELD UNENFORCEABLE. IN SUCH CASES, EACH PARTY’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW. CUSTOMER ACKNOWLEDGES THAT THIS CLAUSE REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT MOGL WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY, AND CUSTOMER AGREES THAT THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
13. GOVERNING LAW; DISPUTE RESOLUTION.
14. MISCELLANEOUS
Notices. All notices under this Brand Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. All notices shall be sent to the addresses of the parties set forth in the Ordering Documentation.
Revised and effective 10/3/2023
MOGL, Corp. (“MOGL,” “we,” “us,” and “our”) takes your privacy seriously and we know you do too. This Privacy Policy (“Policy”) describes how we collect, process, and share Personal Data, your rights & choices, and other important information about how we handle your Personal Data.
MOGL is a two-sided marketplace that connects athletes to brands and fans to license NIL rights and marketing, or engage in other various services offered by the Athlete. We engage with various stakeholders, including:
Athletes- National Collegiate Athletic Association (“NCAA”) student-athletes, professional athletes, and other NIL licensors using the Platform.
Agents- Sports business professional representing an Athlete's interests in NIL related activities.
Brands- Businesses, brands, and organizations seeking to connect with Athletes for NIL licensing engagements in the MOGL Marketplace.
Collectives- Structurally independent non-profit or for-profit organizations typically founded by well-known alumni and supporters of an Institution. Generate and pool revenue raised through contributions from a wide variety of sources – such as boosters, businesses, and fans – to help fund NIL opportunities for student-athletes through the MOGL Marketplace.
Fans- Friends, family, and fans seeking to connect with their favorite Athletes in the MOGL Marketplace.
Institutions- NCAA-affiliated institutions seeking to support their Athletes by facilitating engagements in the MOGL Marketplace.
This Policy applies to your use of our “Services” which include
Except for processing by our service providers operating on our behalf (described below), this Privacy Policy does not apply to third party websites, products, or services. For example, we may share your Personal Data (defined below) with Institutions, Collectives, or Brands for reporting purposes or as part of an NIL engagement. In these cases, the terms, conditions, and privacy practices of the third party, not those of MOGL, may govern your interactions, and we may have no control over the Personal Data collected.
The controller of your Personal Data under this Policy is MOGL, Corp. You may contact us regarding this privacy policy using the following info:
Mailing Address:
MOGL, Corp.
Re: Privacy
2652 Windwood Way
Royal Palm Beach, 33411
General Inquiries and Data Rights Requests: privacy@mogl.online
The following describes how we process data relating to identified or identifiable individuals and households (“Personal Data”).
The categories of Personal Data we process may include:
Audio/Visual Data- Profile images or videos, and any other audio or visual files uploaded or processed in connection with your use of the Services.
Biographical Data- Personal Data relating to Institution name, sport, class year, hometown, professional and employment history, and similar biographical information.
Transaction Data- Information about the Services we provide to you and about transactions you make with us or other stakeholders through the MOGL Marketplace.
Contact Data- Identity Data we can use to contact you, such as email and physical addresses, phone numbers, social media or communications platform usernames/handles.
Device / Network Data- Browsing history, search history, and information regarding your interaction with a website, application, or advertisement (e.g. IP Address, MAC Address, SSIDs, application ID/AdID/IDFA, session navigation history and similar browsing metadata, and other data generated through applications and browsers, including cookies and similar technologies or other device identifiers or persistent identifiers), online user ID, device characteristics (such as browser/OS type/version), web server logs, application logs, first party cookies, third party cookies, web beacons, clear gifs and pixel tags.
Identity Data- Information such as your name; address; email address; telephone number; gender; date of birth, age and/or age range; account login details, e.g. username and password, avatar, or other account handles/usernames.
Preference Data- Personal Data generated reflecting your preferences, characteristics, predispositions, behavior, demographics, household characteristics, market segments, likes, favorites and other data or analytics.
General Location Data- Non-precise location data, e.g. location information derived from social media tags/posts.
Sensitive Personal Data- Personal Data deemed “sensitive” under California or other laws, such as social security, driver’s license, state identification card, or passport number; account log-in and password, financial account, debit card, or credit card number; precise location data; racial or ethnic origin, religious or philosophical beliefs, etc. We collect the following categories of Sensitive Personal Data:
User Content- Unstructured/free-form data that may include any category of Personal Data, e.g. data that you give us in free text fields such as comment boxes.
We collect Personal Data from various sources, which include:
Athletes- We collect Personal Data directly from Athletes who join MOGL and interact with other stakeholders through our Services.
Agents- We collect Personal Data directly from Agents who may manage and provide Personal Data bout multiple Athletes in the MOGL Marketplace.
Users/Fans- We collect Personal Data from everyday users, friends, family, and sports fans who provide them to us when they use the MOGL Marketplace to connect with Athletes.
Data we collect automatically-We collect Personal Data about or generated by any device used to access our Services.
Service Providers- We receive Personal Data from various Service Providers who help us deliver the MOGL Marketplace, such as CRM platforms and payment processors who transfer Personal Data to us when you complete a transaction and other service providers performing services on our behalf.
Brands- We collect and receive Personal Data from Brands or other entities who join MOGL to offer opportunities, and interact with Athletes and other stakeholders through our Services.
Institutions- We collect and receive Personal Data from NCAA-affiliated institutions about Athletes, opportunities, transactions, and related information.
Collective Associations- We collect and receive Personal Data from collectives seeking to facilitate NIL opportunities through the MOGL Marketplace.
Aggregators and advertisers- In some cases (e.g. for our corporate and brand marketing initiatives), we receive Personal Data from ad networks, data brokers, Targeted Advertising vendors, market research, and social media companies or similar companies who provide us with additional Personal Data, e.g. Preference Data.
Social media companies- We may receive Personal Data from Meta, TikTok, Twitter, LinkedIn and other social media companies when you use social media sign on, link your social media accounts to MOGL (e.g. for reporting), or interact with that social media company on or in connection with our Services.
Data we create or infer- We, certain partners, social media companies, and third parties operating on our behalf, create and infer Personal Data such as Preference Data or Aggregate Data based on our observations or analysis of other Personal Data processed under this Policy, and we may correlate this data with other data we process about you.
We process Device/Network Data, Contact Data, Identity Data, General Location Data, and Preference Data when you visit our Website. You may also be able to register for an account, access our Platform, or enroll in marketing communications through our Website, which we describe further below.
We use Personal Data in this context as necessary to operate our Services, such as keeping you logged in, delivering pages, etc., for our Business Purposes, and our other legitimate interests, such as:
We may also process this Personal Data for our Commercial Purposes (which may include Targeted Advertising). See the “Cookies and Other Tracking Technologies” section below for more information.
We automatically collect and process Identity Data, Device/Network Data, Inference Data, and General Location Data, in connection with our use of cookies and similar technologies on our Website and Platform. We and authorized third parties may use cookies and similar technologies for the following purposes:
We may also process this Personal Data for our Business Purposes. See your Rights & Choices for information regarding opt-out rights for cookies and similar technologies.
Third parties may view, edit, or set their own cookies or place web beacons on our Website. We, or third party providers, may be able to use these technologies to identify you across platforms, devices, sites, and services. Third parties, such as Social Media platforms, may engage in targeted advertising using this data. Third parties have their own privacy policies and their processing is not subject to this Policy.
Generally- We process Identity Data, Preference Data, Biographical Data, and Contact Data when you register and create a Brand, Institution, Athlete, Agent, or Fan account on our Services. We process Payment Data if you associate payment information with your account. We process Audio/Visual Data if you upload a profile image or video to your account.
Athletes & Agents- If you register for an Athlete account, certain generally collected Personal Data, such as your name, Institutional affiliation, class year, profile images, and social media accounts, will become part of your public profile on the Services (“Public Profile Data”). Additional details, such as your hometown, birth date, or any other details you choose to share will also become Public Profile Data with your consent. In some cases, you may authorize that we connect or sync third party accounts with your MOGL account, e.g. a social media account, in order to complete your profile, or fulfill reporting requirements related to engagements entered via our Services. In such cases, we may collect information such as follower count, and data relating to campaign performance.
Note: If your Athlete account is set up by your Agent, you authorize the processing of your account registration data by your Agent.
Brands & Fans- if you register for a Brand or Fan account, certain generally collected Personal Data, such as your name, social media accounts, and profile image will become Public Profile Data. Additional details, such as a Fan’s hometown, favorite team, alma mater, or any other details you choose to share will also become Public Profile Data with your authorization.
We use this Personal Data to create and maintain your account, to provide the services you request, and for our Business Purposes. We may also use this Personal Data to facilitate your activity in our Marketplace, as described below. We may process your Identity Data, Preference Data, and Contact Data for Commercial Purposes (which may include Targeted Advertising or Data Sales). We do not sell or “share” Payment Data or Audio/Visual Data or use it for Business Purposes not permitted under applicable law.
We process Device/Network Data, Contact Data, Identity Data, and Preference Data in connection with marketing emails, SMS, push notifications, or similar communications, and when you open or interact with those communications. You may receive marketing communications if you consent and, in some jurisdictions, as a result of account registration or a purchase.
We process this Personal Data to contact you about relevant products or services and for our Business Purposes. We may use this data for our Commercial Purposes (which may include Targeted Advertising). Marketing communications may also be personalized as permitted by applicable law. See the “Your Rights and Choices” section below to limit or opt out of marketing communications.
We process Device/Network Data, Contact Data, Biographical Data, Identity Data, Transaction Data, Payment Data, and User Content when Brands, Institutions, and Collectives use the MOGL Marketplace to connect with Athletes for NIL opportunities. We process Public Profile Data to help connect Athletes with NIL opportunities that best fit their profile.
We process this Personal Data to facilitate your connections, engagements, and transactions, and for our Business Purposes. We do not process Personal Data from our Marketplace transactions for Commercial Purposes, such as Targeted Advertising.
Athletes- If you are an Athlete that accepts an NIL opportunity in the MOGL Marketplace, we process Government ID Data, such as driver’s license or passport numbers, social security numbers, and other info required on IRS Form 1099, in order to facilitate the transaction. We may process your past Transaction Data as well as your account registration/profile information to help Brands find the right Athlete for their NIL opportunity and to suggest potential opportunities to you. We may also process and disclose certain Biographical Data, Transaction Data, and Payment Data to comply with NCAA rules, Institutions’ and Brands’ engagement reporting requirements, or other related purposes.
Brands, Institutions, & Collectives- If you post an NIL opportunity in the MOGL Marketplace, we process Contact Data, Identity Data, Transaction Data, Payment Data, and User Content in order to facilitate the transaction or in connection with the management and performance of the opportunity. We may also process Precise Location Data to help you find an Athlete in your region or other Marketplace opportunities that may be of interest to you. If an Athlete accepts your proposal, we process Contact Data, Transaction Data, and Payment Data in order to process payment and facilitate the engagement.
We process Device/Network Data, Contact Data, Identity Data, Transaction Data, Payment Data, and User Content when Fans use the MOGL Marketplace to connect with Athletes for NIL opportunities.
We process this Personal Data to facilitate your connections, engagements, and transactions, and for our Business Purposes.
Athletes- We process your Public Profile Data to help Fans engage with Athletes. If you accept a Fan an NIL opportunity in the MOGL Marketplace, we process Government ID Data, Biographical Data, Transaction Data, and Payment Data as described above. We process User Content if you communicate with a Fan or Brand through the messaging tools in the Marketplace.
Fans- If you submit a request for an Athlete appearance, shout-out, or other Fan NIL opportunity, we process any User Content that you may provide about the proposed engagement. We may also process Precise Location Data to help you find an Athlete in your region or other Marketplace opportunities that may be of interest to you. If an Athlete accepts your proposal, we process Contact Data, Transaction Data, and Payment Data in order to process payment and facilitate the engagement.
In some cases, we may share a Fan’s name and email with the Institution with which an Athlete is affiliated. These Institutions will process this Personal Data for their own purposes and subject to the Institution’s privacy policy. This transfer may constitute a sale of data under applicable privacy laws. You may opt-out of sharing using any tools we make available in the MOGL Marketplace, or using the methods described in the “Your Rights and Choices” section below.
We collect and process Identity Data, Contact Data, and User Content when you contact us, e.g. through a contact us form, chatbot, or for support.
We process this Personal Data to respond to your request, and communicate with you, as appropriate, and for our Business Purposes. If you consent or if permitted by law, we may use Identity Data and Contact Data to send you marketing communications and for our Commercial Purposes (which may include Targeted Advertising).
We process Identity Data, Contact Data, Preference Data, and User Content collected in connection with user surveys or questionnaires.
We process this Personal Data as necessary to respond to stakeholder requests/concerns, for our Business Purposes, and other legitimate interests, such as:
We may process this Personal Data for our Commercial Purposes (which may include Targeted Advertising). We may share Feedback/Survey data relating to third party stakeholders with those stakeholders, who may use it for their own purposes.
We process Identity Data, Preference Data, Contact Data, and User Content you post (e.g. comments, forum and social media posts, etc.) on our Services. We also process Identity Data, Contact Data, and User Content if you interact with or identify us on social media or communication platforms (e.g. if you post User Content that engages with or tags our official accounts).
We process this Personal Data for our Business Purposes, and Commercial Purposes (which may include Targeted Advertising).
Posts may be public, or reposted on our Services. Content you provide may be publicly-available when you post it on our Services, or in some cases, if you reference, engage, or tag our official social media accounts or communications platforms.
We and our Service Providers process Personal Data we hold for numerous business purposes, depending on the context of collection, your Rights & Choices, and our legitimate interests. We generally process Personal Data for the following “Business Purposes.”
We process Personal Data as necessary to provide our Services and the products and services you purchase or request. For example, we process Personal Data to authenticate users and their rights to access the MOGL Marketplace, or as otherwise necessary to fulfill our contractual obligations to you, provide you with the information, features, and services you request, and create relevant documentation.
We may use any Personal Data we process through our Services as necessary in connection with our legitimate interests in improving the design of our Service, to develop new products and services, to understanding how our Services are used or function, for customer service purposes, for internal research, technical or feature development, to better facilitate or recommend engagements between Athletes and stakeholders, to track service use, QA and debugging, audits, and similar purposes.
We may process Personal Data in connection with our legitimate interest in ensuring that our Services are secure, identify and prevent crime, prevent fraud, verify or authenticate users/individuals, and ensure the safety of our stakeholders. Similarly, we process Personal Data on our Services as necessary to detect security incidents, protect against, and respond to malicious, deceptive, fraudulent, or illegal activity. We may analyze network traffic, device patterns, and characteristics, maintain and analyze logs and process similar Personal Data in connection with our information security activities.
We process certain Personal Data as necessary in connection with our legitimate interest in personalizing our Services. For example, aspects of the Marketplace (e.g. the engagement opportunities or Athlete profiles you see) may be customized so they are more relevant to you. We may personalize based on Preference Data and your current interactions with the Service, or obtain it from third parties, using Personal Data we hold about you. We may also personalize based on Preference Data, where permitted by law, e.g. by displaying your name and other appearance or display preferences, to display content that you have interacted with in the past, or to display content that we think may be of interest to you based on your interactions with our Services and other content. We may also build personalization features or analytics that help Athletes and Brands, Fans, Institutions, and Collected connect, e.g. by identifying opportunities or Athletes best suited to an engagement.
We process Personal Data in order to identify trends, including to create aggregated and anonymized data about buying and spending habits, use of our Services, and other similar information (“Aggregated Data”). Aggregated Data that does not contain Personal Data is not subject to this Policy.
We may also process Personal Data as necessary to comply with our legal obligations, such as where you exercise your rights under data protection law, for the establishment and defense of legal claims, where we must comply with requests from government or law enforcement officials, and as may be required to meet national security or law enforcement requirements or prevent illegal activity. We may also process data to protect the vital interests of individuals, or on certain public interest grounds, each to the extent required or permitted under applicable law. Please see the “Disclosure/Sharing of Personal Data” section for more information about how we disclose Personal Data in extraordinary circumstances.
In some jurisdictions, MOGL, and certain third parties operating on or through our Services, may engage in advertising targeted to your interests based on Personal Data that we or those third parties obtain or infer from your activities across non-affiliated websites, applications, or services in order to predict your preferences or interests (“Targeted Advertising”). This form of advertising includes various parties and service providers, including third party data controllers, engaged in the processing of Personal Data in connection with advertising. These parties may be able to identify you across sites, devices, and over time.
The parties that control the processing of Personal Data for Targeted Advertising purposes may create or leverage information derived from Personalization and Marketing Communications. In some cases, these parties may also develop and assess Preference Data about you to determine whether you are a type of person a company wants to advertise to, and determine whether and how ads you see are effective. These third parties may augment your profile with demographic and other Preference Data, and may track whether you view, interact with, or how often you have seen an ad, or whether you purchased advertised goods or services.
We generally use Targeted Advertising for the purpose of marketing our Services and third-party goods and services, and to send marketing communications, including by creating custom marketing audiences on third-party websites or social media platforms.
We may engage in “sales” or “sharing” of data as defined by applicable law. For example, we may “sell” certain Personal Data when we conduct Targeted Advertising or data “sharing,” or we may sell or grant Institutions or Brands access to Fans Personal Data for their marketing purposes. See the Regional Supplements section for a list of categories of Personal Data sold or “shared.”
We may share Personal Data with the following categories of third-party recipients and/or for the following reasons:
Athletes and Agents- If you use our Services to connect with Athletes, we may share your Personal Data with those Athletes and/or their Agents to make the connection or facilitate a transaction.
Service Providers- We may share your Personal Data with service providers who provide certain services or process data on our behalf in connection with our general business operations, product/service fulfillment and improvements, to enable certain features, and in connection with our (or our Service Providers’) Business Purposes.
Fans, Brands, and Institutions- If you use our Services to connect with stakeholders seeking to license your NIL, such as Fans or Brands, we may share your Personal Data with those stakeholders to make the connection or facilitate a transaction. Similarly, we may share Fan data with Brands or Institutions if you engage in an opportunity with an athlete affiliated with the Brand or Institution.
Associated Organizations- Whether you are an Athlete, Fan, or Brand, we may share your Personal Data with associated organizations, such as Institutions or Collectives, to satisfy mandatory reporting requirements, NCAA rules, or other related purposes.
Advertisers and Social Media Platforms- We may share certain Personal Data with social media platforms and advertisers in support of our Business Purposes and Commercial Purposes. We may allow these third parties to operate through our Services.
Public Disclosure - Certain Personal Data, such as Public Profile Data, that you share on your MOGL account may be displayed to the general public. Furthermore, if you use any social media plugin, API or related feature, or otherwise interact with us or our Services via social media (including as part of an engagement), we may make some or all of that post publicly available on our Services. We may share, rebroadcast, or redisplay Personal Data or other information in the post to the extent permitted by the relevant social media service.
Successors- We may share Personal Data if we go through a business transition, such as a merger, acquisition, liquidation, or sale of all or a portion of our assets. For example, Personal Data may be part of the assets transferred, or may be disclosed (subject to confidentiality restrictions) during the due diligence process for a potential transaction.
Lawful Recipients- In limited circumstances, we may, without notice or your consent, access and disclose your Personal Data, any communications sent or received by you, and any other information that we may have about you to the extent we believe such disclosure is legally required, to prevent or respond to a crime, to investigate violations of our Terms of Use, in the vital interests of us or any person (such as where we reasonably believe the use or disclosure is necessary to lessen or prevent a serious threat to the life, health or safety of any individual or to public health or safety) or in such other circumstances as may be required or permitted by law. These disclosures may be made to governments that do not ensure the same degree of protection of your Personal Data as your home jurisdiction. We may, in our sole discretion (but without any obligation), object to the disclosure of your Personal Data to such parties.
We implement and maintain commercially reasonable security measures to secure your Personal Data from unauthorized processing. While we endeavor to protect our Services and your Personal Data unauthorized access, use, modification and disclosure, we cannot guarantee that any information, during transmission or while stored on our systems, will be absolutely safe from intrusion by others.
Our Services are neither directed at nor intended for use by persons under the age of 16. We do not knowingly collect information from such individuals. If we learn that we have inadvertently done so, we will promptly delete such Personal Data if required by law. Do not access or use the Services if you are not of the age of majority in your jurisdiction unless you have the consent of your parent or guardian.
We retain Personal Data for so long as it is reasonably necessary to achieve the relevant processing purposes described in this Privacy Policy, or for so long as is required by law. What is necessary may vary depending on the context and purpose of processing. We generally consider the following factors when we determine how long to retain data (without limitation):
We will review retention periods periodically and may pseudonymize or anonymize data held for longer periods.
We may change this Policy from time to time. We will post changes on this page. We will notify you of any material changes, if required, via email or notices on our Digital Services. Your continued use of our Services constitutes your acknowledgement of any revised Policy.
You may have certain rights and choices regarding the Personal Data we process. Please note, these rights may vary based on the country or state where you reside, and our obligations under applicable law. See the following section for more information regarding your rights/choices in California and other US States.
You may have certain rights regarding the Personal Data we process. See the “Regional Supplements” section below for rights available to you in your jurisdiction. To submit a request, contact us. We verify your identity in connection with most requests, as described below.
If you submit a request, we typically must verify your identity to ensure that you have the right to make that request, reduce fraud, and to ensure the security of Personal Data. If an agent is submitting the request on your behalf, we reserve the right to validate the agent’s authority to act on your behalf.
We may require that you match personal information we have on file in order to adequately verify your identity. If you have an account, we may require that you log into the account to submit the request as part of the verification process. We may not grant access to certain Personal Data to you if prohibited by law.
You can withdraw your consent to receive marketing communications by clicking on the unsubscribe link in an email (for email), by responding with “OPT-OUT,” STOP, or other supported unsubscribe message (for SMS), by adjusting the push message settings for our mobile apps using your device operating system (for push notifications), or for other communications, by contacting us using the information below. To opt-out of the collection of information relating to email opens, configure your email so that it does not load images in our emails.
You may withdraw any consent you have provided at any time. The consequence of you withdrawing consent might be that we cannot perform certain services for you, such as location-based services, personalizing or making relevant certain types of advertising, or other services conditioned on your consent or choice not to opt-out.
You may control or limit Precise Location Data that we collect through our Services by changing your preferences in your device’s location services preferences menu, or through your choices regarding the use of Bluetooth, WiFi, and other network interfaces you may use to interact with our Services. Note, we may collect general location data even if you opt out of the collection of Precise Location Data.
General- If you do not want information collected through the use of cookies, you can manage/deny cookies (and certain technologies) using your browser’s settings menu or our Manage Cookies page. You may need to opt out of third-party services directly via the third party. For example, to opt-out of Google’s analytic and marketing services, visit Google Analytics Terms of Use, the Google Policy, or Google Analytics Opt-out.
Targeted Advertising- You may opt out or withdraw your consent to Targeted Advertising by Contacting Us. In some cases, you may be able to opt-out by submitting requests to third party partners, including for the vendors listed below:
Do-Not-Track - Our Services do not respond to your browser’s do-not-track request.
Under the California Consumer Privacy Act (“CCPA”) and other state privacy laws, residents of certain US states may have the following rights, subject to regional requirements, exceptions, and limitations.
Confirm- Right to confirm whether we process your Personal Data.
Access/Know- Right to request any of following: (1) the categories of Personal Data we have collected, sold/shared, or disclosed for a commercial purpose; (2) the categories of sources from which your Personal Data was collected; (3) the purposes for which we collected or sold/shared your Personal Data; (4) the categories of third parties to whom we have sold/shared your Personal Data, or disclosed it for a business purpose; and (5) the specific pieces of Personal Data we have collected about you.
Portability- Right to request that we provide certain Personal Data in a common, portable format.
Deletion- Right to delete certain Personal Data that we hold about you.
Correction- Right to correct certain Personal Data that we hold about you.
Opt-Out (Sales, Sharing, Targeted Advertising, Profiling)- Right to opt-out of the following:
Non-Discrimination- California residents have the right to not to receive discriminatory treatment as a result of your exercise of rights conferred by the CCPA.
List of Direct Marketers- California residents may request a list of Personal Data we have disclosed about you to third parties for direct marketing purposes during the preceding calendar year.
You may submit requests to us via email at privacy@mogl.online (please review our verification requirements section). If you wish to opt out of Targeted Advertising, you can disable cookies in your browser or use other browser-specific controls, or the interfaces we may make available on our Websites from time to time. If you have any questions or wish to appeal any refusal to take action in response to a rights request, contact us at privacy@mogl.online. We will respond to any request to appeal within the period required by law.
For purposes of the CCPA, we have disclosed to Service Providers for Business Purposes in the preceding 12 months the following categories of Personal Data, to the following categories of recipients:
For purposes of the CCPA, we have “sold” or “shared” in the preceding 12 months the following categories of Personal Data in the, to the following categories of recipients:
For purposes of CCPA, we may use or disclose the following categories of Sensitive Personal Data: Government ID Data; Payment Data; Precise Location Data. However, we do not sell or share Sensitive Personal Data, or use it for purposes other than those listed in CCPA section 7027(m).
MOGL is the leading athlete marketplace and software provider powering the NIL era of collegiate athletics
