GENERAL TERMS OF SERVICE
These terms of use are entered into by and between you and MJT Level, Inc., a Delaware corporation (“Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of https://www.fivestarfans.com/ (the “Website”), including any content, functionality, services, text, images, audio, code and other material (“Content”) offered on or through the Website, whether as a guest or a registered user. The Website, the Content, and any services or other features, tools, or materials offered by Company on or through the Website are collectively referred to herein as the “Platform.”
Please read the Terms of Use carefully before you start to use the Platform. By using the Platform, you (a) accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.fivestarfans.com/privacy-policy, incorporated herein by reference, (b) consent to the collection, use, disclosure and other handling of information as described in our Privacy Policy, and (c) agree to any additional terms, rules and conditions of Fan Engagement or Athlete Services provided by Company as part of the Platform. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Platform.
Company may issue additional terms, rules and conditions of Fan Engagement on the Platform. For example, Company may issue terms, rules and conditions as may be required by various state rules and regulations, which may impact your experience with or participation in the Service. Your participation in Fan Engagement is subject to all such additional terms, rules and conditions.
The Five Star Fan Service
Our Platform offers fans personalized opportunities to connect, support, and engage with athletes during the college recruiting process, while simultaneously providing athletes opportunities to benefit from their name, image, and likeness (each, a “Fan Engagement”).
High school athletes, or college athletes looking to transfer schools, can create a profile (“Athlete Profile”) on our Platform, where they can identify colleges and/or universities in which they have an interest. The identification of colleges and/or universities on Athlete Profiles is not a representation by Company that these colleges and/or universities are actively recruiting a particular athlete. The identification of colleges and/or universities on Athlete Profiles is entirely within the athlete’s control and discretion and does not purport to accurately reflect the recruiting activities of the identified colleges and universities or the schools’ levels of interest in the athlete.
Each fan with an account on our Platform can distribute purchased likes (“Likes”) to an Athlete Profile in the name of one or more of the universities or colleges listed thereon. Likes are available for purchase by fans on the Platform. The cost of one Like is one U.S. dollar. All purchased Likes are non-refundable.
The ability to distribute Likes in the name of one or more universities or colleges provides fans the unique opportunity to participate in the recruitment of the athlete by incentivizing that athlete to attend the colleges or universities to which Likes are distributed. An athlete can leverage allocated Likes (to the extent legally able to do so under applicable federal, state, and local laws) when the athlete verbally commits to, and enrolls in, a school to which Likes have been allocated (the “Selected School”), and satisfies the other terms and conditions set forth in the Athlete Terms and Conditions, including the requirement that the athlete enter into a “name image likeness” agreement with an affiliate of Company (“NIL Agreement”). Under the terms of any executed NIL Agreement, the athlete will receive compensation in an amount equal to the number of Likes allocated by fans to the Selected School.
For example, imagine an Athlete Profile identifies School X, School Y, and School Z as the schools in which the athlete is interested. If fans allocate 100 Likes to School X, 80 Likes to School Y, and 60 Likes to School Z, and the athlete verbally commits to, and enrolls in, School Y (and otherwise satisfies the terms and conditions set forth in the Athlete Terms and Conditions), the athlete would be qualified to receive $80 under the NIL Agreement (to the extent allowable under applicable federal, state, and local laws).
The athlete’s receipt of the NIL compensation is contingent on the athlete verbally committing to the Selected School, enrolling into the Selected School, and entering into an NIL Agreement with the Company. If the athlete does not verbally commit to the Selected School, enroll into the Selected School, and enter into an NIL Agreement with the Company, the athlete forfeits the athlete’s rights in and to the amount of Likes allocated to the Selected School.
Universities and colleges to which Likes are allocated on the Athlete’s Profile that are not the Selected School (each, a “Non-Selected School”) will not result in any compensation to the athlete. If the athlete does not enter into an NIL Agreement with Company (thereby forfeiting the athlete’s rights in and to the Likes allocated to the Selected School) or otherwise does not comply with the Athlete Terms and Conditions, the Likes allocated to the Selected School will be treated as if the Selected School were a Non-Selected School.
Funds received by Company from the purchase of Likes are considered payments to Company for Fan Engagement and are fully earned by the Company once Likes are issued (whether or not allocated to any athlete or school). Purchase of Likes are non-refundable under any circumstance. Likes are not a form of currency or cryptocurrency, and cannot be transferred or traded. Likes do not have any monetary value or represent any right to funds. Company has no obligation with respect to Likes other than paying compensation to the athlete under the NIL Agreement in the amount equal to the Likes allocated to the Selected School.
By participating in our Platform, you are agreeing to these Terms of Use, and all other documents which are incorporated herein.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. The most current version of these Terms of Use will be posted on our Website. All changes are effective immediately when we post them, and apply to all access to and use of the Platform thereafter.
Your continued use of the Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. If a revision to the Terms of Use, in our sole discretion, is material, we will notify you by contacting you through the email address associated with your account.
Eligibility to Access and Use the Website
Access to and use of the Website is offered and available to users who are fourteen (14) years of age or older, and reside in the United States or any of its territories or possessions, including but not limited to, using our Likes Services (as defined below). By accessing and using this Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
If Company determines that you do not meet the eligibility requirements of this section, then you are not authorized to use the Website. Company may require you to provide proof that you are eligible to participate according to this section prior to providing you the ability to participate in Fan Engagement or create an Athlete Profile, as applicable.
Athlete Registration
In order to register for an Athlete Profile and participate in the engagement opportunities offered in connection with such profile (“Athlete Services”), you must agree to and comply with the Athlete Registration Terms and Conditions, which are incorporated into these Terms of Use.
Conditions of Likes Distribution
In order to purchase and allocate Likes on the Platform (“Likes Services”), you must register for a fan account. Access to and use of the Likes Services is offered and available to users who are fourteen(14) years of age or older, and reside in the United States or any of its territories or possessions. By accessing and using the Likes Services, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Likes Services.
You agree that the sole and specific purpose of creating an account for the Likes Services is to participate in Like distribution on the Platform.
By registering as a user of the Likes Services, you agree to provide accurate, current and complete information about yourself as prompted (such information being the “Registration Data”) and maintain and promptly update the Registration Data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, Company may deny you access to areas requiring registration, or terminate your account, at its sole discretion.
You agree that all information you provide to register with the Likes Services is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
Accessing the Platform and Account Security
We reserve the right to withdraw or amend the Platform and any Content in our sole discretion without notice to you. We will not be liable if, for any reason, all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.
You are responsible for both: (a) making all arrangements necessary for you to have access to the Platform; and (b) ensuring that all persons who access the Platform through your internet connection are aware of these Terms of Use and comply with them.
Many portions of the Platform require registration for access, such as the Likes Services and the Athlete Services. If you are provided with a user name, password, or any other piece of information as part of our security procedures, you agree to treat such information as confidential, and not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Platform or portions of it using your user name, password, or other security information. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
You acknowledge and agree that Company is authorized to act on instructions received through the use of your account, and that Company may, but is not obligated to, deny access or block any transaction made through use of your account without prior notice for any reason.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Disqualification and Cancellation
Company, in its sole discretion, may disqualify you from distributing Likes, or suspend, limit, or terminate your account if you engage in conduct Company deems, in its sole discretion, to be improper, unfair, fraudulent or otherwise adverse to the operation of the Platform or in any way detrimental to other users. Improper conduct includes, but is not limited to: falsifying personal information (including payment information) required to use the Platform; violating eligible payment method terms; tampering with the administration of the Platform or trying to in any way tamper with the computer programs associated with the Platform; obtaining other entrants’ information and spamming other entrants; abusing the Platform in any way; or otherwise violating these Terms of Use. You acknowledge that the forfeiture and/or return of any funds paid shall in no way prevent Company from informing the relevant authorities, and/or pursuing criminal or civil proceedings in connection with such conduct.
If for any reason the Platform is not running as originally planned (e.g., if the Website becomes corrupted or does not allow the proper usage and processing of entries in accordance with the rules, or if infection by a computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of Company corrupts or affects the administration, security, fairness, integrity or proper conduct of the Service), Company reserves the right, in its sole discretion, to disqualify any individual implicated in or relating to the cause and/or to cancel, terminate, extend, modify or suspend the Platform. If such cancellation, termination, modification or suspension occurs, notification may be posted on the Website.
The failure of Company to comply with any provision of these Terms of Use due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Company (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Terms of Use.
Likes Purchases
Payment processing on the Platform is handled through https://stripe.com/ (“Stripe”). All transactions through Stripe are subject to the terms and conditions found at https://stripe.com/, or as otherwise indicated by Stripe.
For the avoidance of doubt, COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY STRIPE SERVICES OR PRODUCT, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
By purchasing Likes, you agree we may require you to provide a valid mailing address, date of birth and any other information in order to run appropriate identity checks and comply with applicable rules and regulations. If necessary, you may be required to provide appropriate documentation that allows us or Stripe to verify you. If we or Stripe are unable to verify you, we reserve the right to suspend your account.
By purchasing Likes or participating in Fan Engagement, you are representing and warranting that:
Rules for Likes Allocation
For users participating in Fan Engagement, you may allocate as many Likes as are purchased in your account to any school(s) identified in Athlete Profiles, in your sole discretion. You may not allocate more Likes than are currently held in your account. Each Like can only be allocated once and the allocation cannot be changed, reallocated or revoked.
To allocate your Likes, follow the links and instructions provided on the Platform.
An Athlete Profile may collect Like distributions until the athlete terminates his or her Athlete Profile, or until the athlete verbally commits to a university or college, whether or not such university or college is identified on his or her Athlete Profile, whichever comes first. If the athlete does not make a verbal athletic commitment, the applicable Athlete Profile shall continue to be open for the collection of Likes until the athlete enrolls into a university or college, even if the athlete elects to forgo his or her athletic career. Upon termination of an Athlete Profile or enrollment into a university or college, no further Likes for such Athlete Profile will be accepted; however, should an athlete decommit from a university or college, we may reopen the Athlete Profile for the allocation of Likes.
Intellectual Property Rights
The Platform and its Content (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Company’s name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Company or its affiliates or licensors. You must not use such marks without the prior written permission of Company.
All other names, logos, product and service names, designs, and slogans on the Platform, including names of universities and colleges, are the trademarks of their respective owners.
If you send or transmit any communications or materials to Company by mail, email, telephone, orally, electronically, or otherwise, suggesting or recommending changes to the Platform or Content, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), Company shall be and hereby is permitted to use such Feedback without any obligation to you or any other person, irrespective of any other obligation or limitation between the parties governing such Feedback. You hereby assign to Company all right, title, and interest in and to, and Company is free to use, share, and disclose, without any attribution or compensation to you or any other person, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in or relating to the Feedback, for any purpose whatsoever, although Company is not required to use any Feedback.
Prohibited Uses
These Terms of Use permit you to use the Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, except as follows:
You must not:
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms of Use, your right to use the Platform will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platform or any Content is transferred to you, and all rights not expressly granted are reserved by Company. Any use of the Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
You may use the Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Platform:
Additionally, you agree not to:
Reliance on Information Posted
We do not warrant the accuracy, completeness, or usefulness of the information posted on our Platform. We do not warrant that the universities and schools listed on an Athlete Profile are pursuing or recruiting such athlete. Any reliance you place on such information is strictly at your own risk.
We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.
The Platform includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Information About You and Your Visits to the Website
All information we collect on the Platform is subject to our Privacy Policy. By using the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Communications and Information Practices
As a result of your registration for the Platform, you may receive certain commercial communications from Company. You understand and agree that these communications are part of your registration, and that, to the extent required by law, you may opt out of receiving these communications at any time by either using the unsubscribe functionality or sending an email to hello@five-starfans.com. Following such an opt-out, we may still communicate with you via email to the extent permitted by applicable law.
Linking to the Website and Social Media Features
You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
The Platform may provide certain social media features that enable you to:
You may use these features solely as they are provided by us, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Platform
If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Aggregated Statistics
Notwithstanding anything to the contrary, we may monitor your use of the Platform and collect and compile data and information related to your use of the Platform that is used by us in an aggregate and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Services (“Aggregated Statistics”). As between Company and you, all right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by Company. You acknowledge that Company may compile Aggregated Statistics based on your input into the Platform. You agrees that Company may (i) make Aggregated Statistics publicly available in compliance with applicable law, and (ii) use Aggregated Statistics to the extent and in the manner permitted under applicable law.
Geographic Restrictions
The owner of the Platform is incorporated in the State of Delaware in the United States of America. We provide the Platform for use only by persons located in the United States of America. We make no claims that the Platform or any of its content is accessible or appropriate outside of the United States of America. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States of America, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer Regarding NCAA, University and College Affiliations
Company is not affiliated with or sponsored by the National Collegiate Athletics Association (“NCAA”), or any specific university or college. The Platform is in no way sponsored, endorsed or administered by, or associated with the NCAA or any specific university or college.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, OR ANY CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Platform, including, but not limited to, any use of the Content, services, and products other than as expressly authorized in these Terms of Use.
Copyright Infringement
If you believe that any Content violates your copyright, please provide Company’s Copyright Agent a written notice containing the following information:
Company’s Copyright Agent can be reached in the following ways:
Mail: 1581 N High Street, Columbus, OH 43201
Email: hello@five-starfans.com
To be valid, a notice must be in writing and must follow the instructions above. You also may use the contact information in this Section to notify us of alleged violations of other intellectual property rights.
Governing Law and Jurisdiction
All matters relating to the Platform and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Ohio, in each case located in the City of Columbus and County of Franklin, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country, state, or county of residence or any other relevant country, state, or county. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability
No waiver by Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use, our Privacy Policy, the Athlete Registration Terms of Use, and any other document incorporated herein by reference constitute the sole and entire agreement between you and Company regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
Your Comments and Concerns
This website is operated by MJT Level, Inc., located at 1581 N High Street, Columbus, OH 43201.
If you wish to terminate your Platform account, you may contact us via hello@five-starfans.com with a note to say you wish to terminate your Platform account.
All feedback, comments, requests for technical support, and other communications relating to the Platform should be
directed to: hello@five-starfans.com.
ATHLETE REGISTRATION TERMS OF USE
In addition to the Terms of Use, any athlete who creates or accesses the Athlete Services and creates an Athlete Profile hereby agrees to be bound by these Athlete Registration Terms of Use, which are incorporated into and deemed a part of the Terms of Use.
Registration of Athlete Account
High school athletes actively being recruited by colleges or universities, and athletes pursuing university or college-level transfer opportunities may participate in the Athlete Services.
In order to participate in the Athlete Services, as set forth herein and on the Website, you must register for an Athlete Profile on our Platform. Access to and use of the Athlete Services is offered and available to users who are 14 years of age or older, and reside in the United States or any of its territories or possessions.
By accessing and using the Athlete Services, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Athlete Services.
By registering for an account and creating an Athlete Profile, you agree to provide accurate, current and complete Registration Data and maintain and promptly update the Registration Data to keep it accurate, current and complete. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details for a parent or guardian. If you provide any information that is inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, Company may deny you access to areas requiring registration, or terminate your account, at its sole discretion. You agree that Company may take steps to verify the accuracy of information you provide, including contact information for a parent or guardian.
You agree that all information you provide to register with the Athlete Services or otherwise, including, but not limited to, through the use of any interactive features on the Platform, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
You agree that the sole and specific purpose of creating an Athlete Profile for the Athlete Services is to participate in user engagement opportunities, as set forth on the Website.
Parental Consent for Athlete Profile
If you are under the age of 18, you may provide the contact information of your parent or guardian when setting up an Athlete Profile. Any athlete who is under the age of 18 will be required to have written parental consent to the awarding, acceptance and receipt of Likes and the acceptance of the NIL deal with the Company.
BY USING THE ATHLETE SERVICES, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND THAT YOU UNDERSTAND THE TERMS OF USE, THE ATHLETE REGISTRATION TERMS OF USE, AND THE PRIVACY POLICY; (B) REPRESENT THAT YOU ARE 14 YEARS OF AGE OR OLDER AND UNDERSTAND THIS IS A CONTRACT BETWEEN YOU AND COMPANY; AND (C) ACCEPT THESE TERMS OF USE AND AGREE THAT YOU ARE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT ACCESS OR USE THE ATHLETE SERVICES.
Athlete Contributions
The Athlete Services may contain profiles, chat functions, message boards, forums, and other interactive features (collectively, “Interactive Services”) that allow you to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “Athlete Contributions”) on or through the Website.
All Athlete Contributions must comply with the Content Standards set out in these Terms of Use.
Any Athlete Contribution you post to the Platform will be considered non-confidential and non-proprietary. By providing any Athlete Contribution on the Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material according to your account settings.
You represent and warrant that all of your Athlete Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any Athlete Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any Athlete Contributions posted by you or any other user of the Platform.
Monitoring and Enforcement of Athlete Contributions
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the Athlete Profile, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards
These content standards apply to any and all Athlete Contributions and use of Interactive Services. Athlete Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, Athlete Contributions must not:
Publicity
By creating an Athlete Profile for the Athlete Services, you understand and acknowledge that we may utilize the information and content you upload to such Athlete Profile, including your Athlete Contributions, and your name, voice, appearance, photograph, likeness, image, personal statistics, biographical information, and approved nickname and any other means by which you may be recognized (hereinafter, your “Likeness”) in connection with marketing, advertising, promoting and publicizing of Company and the Platform. You consent to such use. Company reserves the right to make public statements about you, on-air, on the Internet, or otherwise, prior to, during, or following the Athlete Services.
For the removal of all doubt, you waive any right to royalties or other compensation arising or related to the use of your Likeness. The rights granted by you hereunder are perpetual and no compensation shall be payable to you at any time in connection therewith.
Collection of Likes; NIL Deal
Your Athlete Profile may collect Like distributions until you terminate your Athlete Profile, or until you verbally commit to a university or college, whether or not such university or college is identified on your Athlete Profile, whichever comes first. If you do not verbally commit to a university or college, your Athlete Profile shall continue to be open for the collection of Likes until you enroll into a university or college, even if you elect to forgo your athletic career. Upon termination of an Athlete Profile or verbal commitment to a university or college, no further Likes for such Athlete Profile will be accepted; however, should you decommit from a university or college, we may reopen your Athlete Profile for the allocation of Likes.
If you qualify to enter into an NIL Agreement with the Company or an affiliate of Company (as further set forth below and in the Terms of Use), the terms of the NIL Agreement will entitle you to compensation in an amount equal to the number of Likes allocated by fans to the Selected School. You will not be entitled to enter into an NIL Agreement with the Company (to the extent allowable under applicable federal, state, and local laws) until you enroll in the Selected School.
You will only receive compensation if you agree to and enter an NIL Agreement with the Company or an affiliate of Company. The terms of that NIL Agreement will vary, in the Company’s discretion. However, you can expect to be required to post content promoting the Company and the Platform, and wear branded gear that advertises the Company and the Platform.
You will not hold any interest in and to the Likes which were allocated to the Non-Selected Schools. If the athlete does not enter into an NIL Agreement with Company (thereby forfeiting the athlete’s rights in and to the Likes allocated to the Selected School) or otherwise does not comply with the Athlete Terms and Conditions, the Likes allocated to the Selected School will be treated as if the Selected School were a Non-Selected School.
Termination
Company may terminate or suspend all or part of the Athlete Services and your Athlete Profile immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use or these Athlete Registration Terms of Use. Upon termination of your account, your right to use the Athlete Services will immediately cease, and you will not be eligible to receive any Likes distributed to your Athlete Profile.
If you wish to terminate your Athlete Profile, you may contact us via hello@five-starfans.com with a note to say you wish to terminate your Athlete Profile.
If your account is subject to a suspension, you must respect the restrictions and limitations imposed on your account as part of the suspension, and you should communicate with Company regarding restoration of your account only via hello@five-starfans.com.
