FanFunded, LLC Terms of Use


FanFunded, LLC (hereafter, FanFunded may be referred to as “us”, “we”, or “our”) offers this website, application, and the services available on and through the website (the “App” and the “Services”). Your use of the App and the Services are governed by these Terms of Use (the “Terms”). Any time you browse the App or use the Services in any way, you agree to be bound by the Terms. If you don’t agree to the Terms, do not use the App or the Services, or sign up for any subscription products.

The purpose of this App is to connect individuals (“Fans”) with their favorite collegiate sport teams and allow scholarship Athletes (“Athletes”) on those teams to promote their name, image and or likeness on social media and or in the general public with Fans, brands and others. Athletes may connect with Fans for marketing purposes in return for a specified amount of money from the specified Fan Fund account (“Fan Fund”). Any user of the App may be referred to herein as “you”. Athletes and Fans may be referred to herein individually as “Party” or together as “Parties”.

We reserve the right to modify the Terms at any time, with such changes becoming effective when we post the modified Terms to the App. We also reserve the right to make any changes to the App and Services in any manner and to deny or terminate your access to the App and Services, even if you have an Account, in our sole discretion.

Each time you use the App or the Services, the then-current version of the Terms will apply. If you use the App or the Services after a modification of these Terms, you agree to be bound by the Terms as modified.


If you are under 16 years old, you may not use the Services. Parties under the age of majority in the jurisdiction in which you reside must be signed up and managed by their parent, legal guardian, or authorized Agent. When you use the Services, you represent that you are (i) at least the age of majority in the jurisdiction where you reside or (ii) if you have not reached the age of majority in the jurisdiction where you reside, that you have received permission to use the Services from your parent or legal guardian. You also represent that your use of the Services does not violate any applicable law or regulation.


Certain Services or portions of the App may require you to register for an account (“Account”). By registering for an Account, you grant us a worldwide, royalty-free, non-exclusive, sub-licensable, unconditional, perpetual and transferable license to display your name and likeness in a form clearly indicating your status as a platform or program participant, in all forms of media and through any media channels (now known or hereafter developed), including but not limited to television, radio, print, Internet site, and other electronic communications. Notwithstanding anything to the contrary in this Section, upon the termination or cancellation of your Account, our rights to display your name and likeness will automatically terminate.

By creating an Account on the App, you are representing and warranting that all information you submit is current, truthful, complete, and accurate, and that you agree to maintain the accuracy of such information. You authorize us to verify any information through any source including, but not limited to the use of third-party identity verification systems.

As part of the Account creation process, you may be asked to provide an email address or phone number, and a password unique to the Account (“Login Information”). You are responsible for maintaining the confidentiality 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. If you suspect any unauthorized use of your Account, you agree to notify us immediately. You acknowledge and agree that you are solely responsible for any activities occurring under your Account. You acknowledge and agree that FanFunded is not responsible or liable for any damages, losses, costs, expenses, or liabilities related to any unauthorized access to or use of your Account. If you provide your Login Information to an agent or other individual who may act on your behalf, FanFunded cannot remove that access from the individual; it is up to you to modify your Account by changing your password or other options to remove that individual’s access to your Account.

You acknowledge further that FanFunded is not a legal representative and does not offer any legal advice, nor guarantee any advice or guidance that may be provided, and it is your responsibility as an Account holder to assure that you understand and adhere to all rules, regulations, and laws which may apply to you. These may be inclusive of, but not limited to regulations or policies of your organization, your institution, your conference, your state, and any Governing Bodies which may provide oversight of your activities.

In order to effectively utilize all the Services offered in your Account, you will need to register your financial account information so FanFunded’s payment processor may take or make payments earned via the Services to you. You acknowledge and agree that you are solely responsible for the accuracy of the information you have provided and for assuring that the information is the most up to date so payments can be made effectively.

FanFunded utilizes Stripe, Inc. services for credit card and other electronic payment methods for Deals entered into using the Services. Stripe, Inc. provides these services directly to Parties pursuant to its own terms and privacy policy, located

Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the 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 FanFunded’s benefit. We do not recognize the transfer of Accounts. 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.

You have the right to cancel your Account at any time. You understand and agree that, except as expressly provided by law, the cancellation of your Account is your sole right and remedy with respect to any dispute you may have with us.

FANFUNDED RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT AT ANY TIME FOR FAILURE TO ADHERE TO THESE TERMS OF USE OR FOR ANY OTHER REASON, WITH NO LIABILITY TO YOU UNDER ANY THEORY OF LAW, INCLUDING TORT OR CONTRACT, FOR ANY TYPE OF DAMAGES INCLUDING BUT NOT LIMITED TO LOST PROFITS. You acknowledge and agree that we are not required to provide you notice before terminating or suspending your Account, and/or your access to the platform. In the event that your Account is terminated, suspended, 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).


Parties represent and warrants that they are responsible for, and agree to abide by, all laws, rules, and regulations applicable to their use of the App; their use of any tool, service, or product offered on the App; and any transaction they enter into on the App or in connection with their use of the App.

By creating an Account on the App, the Parties represent and warrant that nothing on the App constitutes any form of inducement for an Athlete to enroll at any school and/or join any athletic team.

Parties represent and warrants that their use of the Services does not, and shall not be construed to, grant either Party any license or right of any nature with respect to any Work Product or Intellectual Property Rights or any Confidential Information, materials, software, or other tools made available to the Parties by FanFunded.


Fans may make one-time payments to support a specific position in a specific sport at a specific college or university of their choosing. Once payment is made by a Fan (“Payment”), the money is put into the chosen school’s positional group’s Fan Fund. If an Athlete at that position attends the college or university that the Fan funded, the Athlete will receive the Payment, minus any FanFunded Fees (as defined below), upon completion of a marketing activity, and proof of attendance on an athletic scholarship (as of September 2 of each calendar year). Non-scholarship athletes are not eligible to receive payments.

The Athlete may choose to complete a marketing Activity in return for the payment of a specified fee for each Activity (“Activity Fee”). All Activity Fees required to be paid to the Athlete will be made clear prior to the Athlete submitting final acceptance of the Activity. Only after the Athlete has provided proof to FanFunded that he or she has completed an Activity will the Athlete be paid the Activity Fee. An Athlete may choose to cancel an Activity prior to performance of such. In the event of cancellation, no payment will be released to the Athlete’s account.

Athletes are eligible to complete Activities and receive an Activity Fee only in the first year of enrollment at a given university. Should multiple Athletes in the same position, sport, and college/university participate in the App and choose to do the same Activity, the total Fan Fund for that Activity will be split pro rata amongst the Athletes. For example, if University X signs two wide receivers to its football team, both wide receivers are Athletes on the App, and both elect to undertake the same Activity, the Activity Fee will be split equally between the two wide receivers.

By submitting a Payment, Fans agree to pay all amounts due in accordance with the payment terms in effect when the Payment is submitted, which include Activity Fees and also may include, but not be limited to marketplace, transaction, convenience, and/or processing fees (“FanFunded Fees”) which may be added. All transactions on the App are settled in U.S. dollars (“USD”). Fans will be responsible for payment of any fees or expenses imposed by Fans’ payment card provider or the payment processor to settle the transaction in USD.


The App or the Services may include interactive areas in which content and information may be posted (“Content”). The Party who posts such Content is solely responsible for all 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 Content for any reason in our sole discretion.

When you post content on the App, you represent and warrant to us that (1) you own the Party Content, (2) the posting of the 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 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 Content posted by you to or through the Services.

When you post 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, and display such Content throughout the world in any media. To the extent such content is attached to a user profile on the Services, the foregoing license includes a right to reproduce your profile, and any name, likeness or photograph contained in such profile. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you. Notwithstanding the foregoing, if an Athlete is a student-Athlete subject to the rules and regulations of the National Collegiate Athletic Association, we will not use any such Athlete Content in a manner that would violate, or cause such a user to violate, such rules and regulations.


In performing its obligations relating to FanFunded, Athlete is acting as an independent contractor and this Agreement shall not be construed to create any association, partnership, joint venture, employment, or agency relationship between Athlete and FanFunded for any purpose. As such, FanFunded will not control the manner and means by which Athlete performs the Services. Further, Athlete shall have no authority, and Athlete shall not hold themselves out as having authority, to bind FanFunded and Athlete shall not make any agreements or representations on the FanFunded's behalf without the FanFunded's prior written consent.

Without limiting the above, Athlete will not be eligible to participate in any vacation, group medical or life insurance, disability, profit sharing or retirement benefits, or any other fringe benefits or benefit plans offered by FanFunded to its employees, and FanFunded will not be responsible for withholding or paying any income, payroll, Social Security, or other federal, state, or local taxes, making any insurance contributions, including for unemployment or disability, or obtaining workers' compensation insurance on your behalf. Athlete shall be responsible for, and shall indemnify FanFunded against, all such taxes or contributions, including penalties and interest. Any persons employed or engaged by Athlete in connection with the performance of the Services shall be the employees or contractors of Athlete and Athlete shall be fully responsible for them and indemnify FanFunded against any claims made by or on behalf of any such employee or contractor.


Parties agree not to use the App or the Services to take any action or actions that (including with respect to any Content): (1) are patently offensive in any manner, (2) are contrary to our public image, goodwill, or reputation, (3) infringe on our or any third-party’s intellectual property rights, or (4) “frame” or “mirror” any part of the App without our prior written consent. Parties acknowledge and agree that they are solely responsible for compliance with any applicable law or regulation relating to advertisement, social media marketing, or endorsement, including but not limited to acknowledgement of any compensation received in return for their posting of the Content such as with the #ad hashtag. We can remove any content, access to future content, or information you share on the App if we believe that it violates these Terms of Use, our policies, or we are permitted or required to do so by law.


Athlete acknowledges and agrees that all writings, works of authorship, technology, inventions, discoveries, ideas, and other work product of any nature whatsoever, that are created, prepared, produced, authored, edited, amended, conceived, or reduced to practice by the Athlete individually or jointly with others during the period of this Agreement by FanFunded and relating in any way to the Services, business or contemplated business, research, or development of FanFunded (regardless of when or where the Work Product is prepared or whose equipment or other resources is used in preparing the same) and all printed, physical, and electronic copies, all improvements, rights, and claims related to the foregoing, and other tangible embodiments thereof (collectively, “Work Product”), as well as any and all rights in and to copyrights, trade secrets, trademarks (and related goodwill), patents, and other intellectual property rights therein arising in any jurisdiction throughout the world and all related rights of priority under international conventions with respect thereto, including all pending and future applications and registrations therefor, and continuations, divisions, continuations-in-part, reissues, extensions, and renewals thereof (collectively, “Intellectual Property Rights”), shall be the sole and exclusive property of FanFunded.


Parties agree to indemnify and hold harmless FanFunded from and against all liabilities, losses, costs, expenses, including attorney’s fees, claims, actions and causes of action that result directly or indirectly from the Parties’ activities; provided, however, that the Parties’ obligations under this provision shall not apply if such liabilities, losses, costs, expenses, claims or causes of action result directly from the gross negligence or willful misconduct of FanFunded. FanFunded may, in its sole discretion, satisfy such indemnity (in whole or in part) by way of deduction from any payment due to the Athlete.


Athletes are solely responsible for payment of any taxes that are levied on the Activity Fees and other forms of compensation (e.g. non-cash compensation such as the value of gift cards, products, and/or apparel) they earn each year. FanFunded will provide Athletes with a Form 1099 at the end of each tax year, and it is Athlete’s responsibility to properly report and remit any required payments. FanFunded is not a legal or tax advisor and as such offers no warranty or representation regarding the amount Athlete’s may owe or their requirements in filing your income tax.


Any and all matters arising out of or relating to the use of FanFunded, whether sounding in contract, tort, or statute, are governed by, and construed in accordance with, the laws of the State of Ohio, without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the laws of any jurisdiction other than the State of Ohio to apply. Any action or proceeding by either party to enforce this Agreement shall be brought only in any state or federal court located in the state of Ohio, County of Summit. The parties hereby irrevocably submit to the exclusive jurisdiction of such courts and waive the defense of inconvenient forum to the maintenance of any such action or proceeding in such venue.

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