Additional Terms

These terms form part of our legally binding Terms of Service and are fully incorporated therein. If you do not agree to these terms and conditions, do not use or register for the Platform. Any capitalized terms used but not defined herein shall have the meaning set forth in our Terms of Service.

# Additional Terms for Fans

1. Eligibility

  1. By submitting a Fan Registration and continuing to use the Platform, you represent and warrant that:
    1. You have not been prohibited from using or accessing any aspect of the Platform by us or pursuant to any applicable law, rule or regulation;
    2. You will comply with all applicable terms of any third-party payment provider we select, and you are not on a prohibited list maintained by or on behalf of that payment provider;
    3. You (and any Account that you create or control) have not been previously banned or removed from the Platform for any reason;
    4. You are not a convicted sex offender;
    5. You are not listed on any denied or restricted party lists or lists of persons subject to sanctions or restrictions, including lists administered by the U.S. or any other jurisdiction;
    6. You are not the subject or target of sanctions or restrictive measures administered by the U.S. or any other jurisdiction; and
    7. You are not located in a country or territory subject to comprehensive sanctions (currently, Crimea, the Republic of Cuba, the Islamic Republic of Iran, the Democratic People's Republic of Korea, and the Syrian Arab Republic).

2. Payments

When you complete a donation or sponsorship transaction, you are agreeing to pay your chosen amount, as well as additional fees including any Company Fees (collectively, the “Total Fee”). When you make a payment, you must provide a valid payment method through the applicable third-party payment provider Company has selected, currently Stripe, although that may be subject to change upon notice. Your payment method will be charged for the full amount at the time of the transaction. You acknowledge and agree that Company does not operate, own, or control the payment provider. Your use of your payment method is governed by your agreement with, and the privacy policy of, the payment provider, not these terms. You agree to immediately notify the payment provider of any change in your billing address (or other information) for your payment method.

3. Sponsorships

  1. When you make a sponsorship, the Total Fee will be collected at the time of the transaction and at each subsequent renewal. Each type of paid sponsorship automatically renews monthly or annually until you cancel via your account settings. Your recurring charge date may be earlier than the date you first subscribed for reasons including, for example, differences between your time zone and the time zone in which our billing systems operate and your most recent previous charge date being earlier due to variances in the length of months.
  2. You may cancel your recurring payments at any time, as described above. For monthly and annual sponsorships, canceling or lowering your level of support will impact your next recurring charge. Canceling your sponsorship or lowering the level of support below the applicable threshold may result in your loss of access to sponsorship benefits. You may also lose access to sponsor benefits if your payment method fails, we terminate your account, the Athlete blocks you, the Athlete stops making a sponsorship available on the Platform, the Athlete deletes their Platform account, or we remove the Athlete or creator from the Platform. We are not required to allow you to be a sponsor of or to otherwise interact with any particular Athlete.
  3. We attempt to screen for fraudulent Athlete pages, but cannot guarantee the identity of Athletes or the validity of any claims they make. We appreciate your help reporting suspicious pages so we can keep the NIL Duffle community safe.

4. Donations

When you make a donation, the Total Fee will be collected at that time and shall not be refundable. If you make a donation to a school Collective to be held for a specific Athlete and that Athlete does not select that school, your donation will become available to that Collective for its general use. Under no circumstances will any donations be refunded after the transaction is complete.

5. Trading Cards; Digital Content

If you purchase a virtual trading card, badge, sticker, or other digital feature (“Digital Content”), you acknowledge and agree that such Digital Content is licensed to you and is not sold to you, and we hereby grant to you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license during the Term to view and display the Digital Content within your account for the Platform. You acknowledge and agree that Digital Content (a) cannot be transferred to a third party; (b) cannot be viewed, accessed, stored, reproduced, displayed, or used outside of the Platform; (c) does not have cash value or a tangible component; (d) and will no longer be accessible or licensed to you if this agreement is terminated or if you close your account. For the avoidance of doubt, certain Digital Content may also be User Content that is also subject to other terms and conditions of this agreement.

# Additional Terms for Athletes

You create an account with us via initial use of the Platform and/or the account registration process (such processes and the information provided during such processes, as amended from time to time through your use of the Platform and your login to your account in the Platform in accordance with this agreement, the “Registration”). When you create an account, you will have the opportunity to select a Registration type as an athlete (“Athlete”), fan (“Fan”), collective, (“Collective”), or school (“School”). You represent that the information indicated in the Registration is true and complete, and you agree to update the Registration upon any changes to such information. The Registration is incorporated herein and made a part of this agreement. Notwithstanding any additional acknowledgement of this agreement (including via clicks or other electronic means), each subsequent use of the Platform is subject to this agreement and does not create a new or separate contract; provided, however, when an amended version of this agreement is presented for acceptance, acceptance of the amended version of this agreement (including via a click or other electronic means) will amend this agreement.

1. Eligibility

  1. By submitting an Athlete Registration and continuing to use the Platform, you represent and warrant that:
    1. You are the intended recipient of the individualized registration code inviting you to register for the Platform;
    2. You have not been prohibited from using or accessing any aspect of the Platform by us or pursuant to any applicable law, rule or regulation;
    3. You will comply with all applicable terms of any third-party payment provider we select, and you are not on a prohibited list maintained by or on behalf of that payment provider;
    4. You (and any Account that you create or control) have not been previously banned or removed from the Platform for any reason;
    5. You are not a convicted sex offender;
    6. You are not listed on any denied or restricted party lists or lists of persons subject to sanctions or restrictions, including lists administered by the U.S. or any other jurisdiction;
    7. You are not the subject or target of sanctions or restrictive measures administered by the U.S. or any other jurisdiction; and
    8. You are not located in a country or territory subject to comprehensive sanctions (currently, Crimea, the Republic of Cuba, the Islamic Republic of Iran, the Democratic People's Republic of Korea, and the Syrian Arab Republic).

2. User Content

  1. The Platform may include interactive areas in which content and information may be publicly posted (referred to as “User Content” regardless of form and defined in the Terms of Service). The user who creates or posts such User Content is solely responsible for all User Content. We may, in addition to any other rights and remedies we may have against you at law or in equity, immediately, with or without notice to you, cease the distribution, display or other exploitation of any content which we believe violates these terms, without any liability to you of any kind. We reserve the right to remove or modify any User Content for any reason at our sole discretion.
  2. At least once per month, you must post to the Platform original and exclusive User Content that is not duplicative of content displayed in or available via other media or sources (“Exclusive Content”), and you may not replicate Exclusive Content on other platforms or media. If you do not post Exclusive Content to the Platform at least once per month, Company may withhold payments to you and/or terminate this Agreement (including your access to the Platform) without any liability to you.
  3. When you post User Content, you give us and our affiliates a nonexclusive, royalty-free, perpetual, irrevocable, transferable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, exploit, and display such User Content throughout the world in any media. To the extent such content is attached to a user profile on the Platform, the foregoing license includes a right to reproduce your profile, and any name, likeness or photograph contained in such profile. Notwithstanding the foregoing, if you are a student-athlete subject to the rules and regulations of the National Collegiate Athletic Association, we will not use any such User Content in a manner that would violate, or cause you to violate, such rules and regulations.
  4. When you create or post User Content, you represent and warrant to us that (1) you own the User Content or otherwise have acquired all necessary consents, permissions, licenses, and rights, (2) the posting of the User Content does not violate any rights of any person or entity, (3) you have no agreement with or obligations to any third-party with respect to the rights granted herein and you have not and will not sell, assign, transfer, or convey any of the rights granted herein in a manner adverse to or in derogation of the rights granted to us, and (4) to the extent any “moral rights” or similar right exist in the User Content and are not exclusively owned by us, you agree not to enforce any such rights as to us or our affiliates. You agree to pay all royalties, fees, and any other monies owing to any person or entity by reason of any User Content posted by you to or through the Platform.
  5. We may, but shall not be required to, display content, data, postings, or other intellectual property shared by you or on your behalf on the Platform, on social media, and via other means of advertising to promote your profile and the Platform in general. After any such posting, you may request that we remove such posting at any time by contacting us at info@nilduffle.com.

3. Payments and Taxes

In order to receive payments via the Platform, you will, in addition to satisfying the other terms and conditions of this Agreement (including with respect to posting Exclusive Content), need to associate your account with a new or existing Stripe account. You acknowledge that your relationship with Stripe is separate from your relationship with us. You are responsible for payment of any taxes that are levied on the donations and other forms of compensation you earn each year. Stripe will provide you with a Form 1099 at the end of each tax year, and it is your responsibility to properly report and remit any required payments. We are not a legal or tax advisor and as such offers no warranty or representation regarding the amount you may owe or your requirements in filing your income tax. We advise the hiring of a tax professional for any associated questions or issues you may have.

# Additional Terms for Collectives

1. Payments and Taxes

  1. Before you are able to receive any payments via the Platform, your Collective must be endorsed by the School Administrator of the School with which you are affiliated. We are not responsible for any School's verification or failure to verify you as a Collective affiliated with the School, nor any resulting inability to receive payments via the Platform.
  2. In order to receive payments via the Platform, you will need to associate your account with a new or existing Stripe account. You acknowledge that your relationship with Stripe is separate from your relationship with us. You are responsible for payment of any taxes that are levied on the donations and other forms of compensation you earn each year. Stripe will provide you with a Form 1099 at the end of each tax year, and it is your responsibility to properly report and remit any required payments. We are not a legal or tax advisor and as such offers no warranty or representation regarding the amount you may owe or your requirements in filing your income tax. We advise the hiring of a tax professional for any associated questions or issues you may have.

2. Restricted Funds

When making a donation, Fans have the option to direct their donation to an Athlete being recruited by the School with which you are affiliated (“Restricted Funds”). Restricted Funds are intended for the benefit of the Athlete for which they are directed. In the event the recruited Athlete elects to attend the School with which you are affiliated, the Restricted Funds for that Athlete shall be transferred to the Athlete upon the School's confirmation within the Platform of the Athlete's enrollment. In the event the Athlete elects to attend a different School, the Restricted Funds shall no longer be restricted and shall constitute a general donation to your Collective.

# Additional Terms for Schools

1. School Users

You acknowledge and agree that the individual registered as the School's administrator within the Platform (the “School Administrator”), utilizing mechanisms provided therefor within the Platform, will have the sole responsibility for authenticating and provisioning access to the Platform for other School users (e.g. coaches and other staff) (“School Users”) and for disabling access to the Platform for School Users.

2. Verification

  1. School Users shall have the sole responsibility for:
    1. confirming an Athlete has a relationship with the School, whether as a recruit or as an enrolled student;
    2. endorsing any Collective affiliated with the School;
    3. disabling a School User's access immediately upon the termination of employment or engagement of any School User by School;
    4. updating an Athlete's relationship confirmation with the School in the event School stops recruiting an Athlete, the Athlete is removed from their team(s), or the Athlete is no longer enrolled at the School.
  2. You agree to indemnify, defend, and harmless Company, its licensors, their affiliates, and their respective officers, directors, employees, and agents from any Loss arising from or related to violation of Section 2(a) above.

3. Statistics

As a School User, you may have access to certain statistics concerning donations and sponsorships related to Athletes and Collectives with which you are affiliated (“Statistics”). You agree that such Statistics are available solely for your internal business use and such Statistics shall not be disclosed to any third party, whether concerning a particular Athlete or in the aggregate.