Last Updated: November 13, 2023

Mighty Fans is an exclusive-content platform enabling athletes to monetize their passion. Serving as the global hub for sports fans, we facilitate daily interactions between fans and their favorite athletes, fostering a fun, secure, and brand-friendly environment. Our mission is to empower all athletes (not just the top 1%) to earn their full potential.

Welcome to Mighty Fans!

By utilizing Mighty Fans, you agree to our Terms of Service, which are applicable to all users of the platform and may be amended or supplemented periodically. It's essential to read and understand these terms, along with our Privacy Policy governing data practices.

Definitions

• Content: Any material uploaded by users, including photos, videos, audio, livestreams, data, text, metadata, images, interactive features, emojis, GIFs, memes, and more.
• Athlete: A user with a Mighty Fans Athlete account, posting content for other users to view.
• Fan: A user who supports their favorite athletes by purchasing memberships or messages on Mighty Fans.
• Mighty Fans: Refers to the platform and its services.
• User: Any individual using Mighty Fans, referred to as "you."
• "We," "our," and "us": Refers to Mighty Fans and its parents, subsidiaries, and/or affiliates.

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Special Terms for Fans

Being a Fan

Fans can access exclusive content and interact directly with athletes through memberships and direct messages. To become a fan, create a Mighty Fans account, add a preferred payment method, and join a membership program to support an athlete.

Membership Subscriptions and Direct Messages

Upon subscribing, you'll receive confirmation with payment terms and information about Mighty Fans’ cancellation policy. Subscriptions are charged and renewed monthly. Direct messages to athletes are pre-paid with no refunds. Content in direct messages must adhere to the platform's guidelines. Prices may change at any time.

Locked Content

Athletes may create paywalled content, and fans must pay a specified price to access the locked content.

Canceling Memberships and Deleting Accounts

You may cancel your subscription(s) at any time, and you will retain access until the current subscription term ends. Account deletion requests can be made to Support@MightyFans.com, with the process starting within 10 days and completing within 45 days. Content will not remain visible during the deletion process, and you will lose access to all subscriptions and content upon deletion of your account.

Loss of Access to Content

Access to content may be lost if payment fails, if the athlete blocks you, or if the athlete deletes their account. The platform is not obligated to maintain fan status for any specific athlete.

Taxes and Other Fees

Tax may be added based on your jurisdiction, and you're responsible for maintaining an up-to-date address. Some banks may charge foreign transaction fees, typically around 3.0%, for payments processed through the platform. Contact your bank for details.

Athlete Accounts

Athlete memberships vary, and Mighty Fans has limited control over the quality and specific offerings of its athletes. While we are not obligated, we make efforts to screen for fraudulent athlete accounts. However, we cannot guarantee the identity of the athletes or the validity of their claims. Your assistance in reporting suspicious or fraudulent athlete pages to Support@MightyFans.com is crucial for maintaining the safety of Mighty Fans.

Indemnity from Fans

If legal action arises due to your use or conduct on Mighty Fans, you are responsible for contributing to the costs. Fans must indemnify us, our parents, affiliates, third-party service providers, subsidiaries, related companies, officers, directors, agents, and employees from any and all damages resulting from a fan's use of Mighty Fans. We retain the right to exclusive control over the defense of a covered claim, and if exercised, you are expected to cooperate.

Limitation of Liability Related to Fans

To the extent permitted by law, we are not liable for incidental, consequential, or punitive damages arising from these terms or your use of Mighty Fans. Our liability for damages is limited to the amount earned from you through your use of Mighty Fans in the twelve months leading up to the claim date. We explicitly disclaim liability for loss associated with unfulfilled benefits and losses caused by conflicting contractual agreements. This clause includes our parents, subsidiaries, affiliates, officers, directors, employees, agents, and third-party service providers in the definition of "we" and "our."

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Special Terms for Athletes

Being an Athlete

An athlete creates an athlete account and page on Mighty Fans to engage with fans through subscription memberships and/or prepaid direct messages. As an athlete, you can connect with fans by using tools provided by Mighty Fans, showcasing creations, offering merchandise, receiving tips, and generating recurring revenue from fan subscribers.

Membership and Fans

Memberships target passionate fans, offering unique benefits like exclusive content, early access to content, merchandise, and unique experiences. In return, athletes receive loyal support and recurring and one-time revenue from memberships and/or prepaid direct messages. There is no obligation to allow any particular person or group to become a fan of your account.

Membership Subscriptions and Direct Messages

Fans may pay a monthly fee for a membership subscription to your account. Athletes determine the price for subscriptions and direct messages for their account, though Mighty Fans reserves the right to set a minimum price. Athletes may adjust the subscription and/or direct message pricing at any time. All content produced by an athlete must comply with these terms and content guidelines.

Locked Content

Athletes may publish locked content to fans for a fee. Mighty Fans reserves the right to set a minimum price for locked content. All locked content must comply with these terms and content guidelines.

Payments

Athletes receive 75% of their income from Mighty Fans, paid approximately 30 days after each calendar month. The platform retains 25% (the "Mighty Fans Fee"), which also covers payment processing fees. While the fee currently includes processing fees, Mighty Fans reserves the right to charge additional processing fees in the future. Taxes on athlete earnings are the responsibility of each athlete. For further details, please refer to the "Tax" section below.

As an athlete, you make your membership available on Mighty Fans, and we provide the technology to host the membership, charge subscription fees, and charge for direct messages. Mighty Fans handles payment-related issues like fraud, chargebacks, and payment disputes. Access to funds is typically provided on a monthly basis, but delays may occur. Payments may be blocked or held for policy violations, compliance reasons, or to collect tax reporting information. Communication regarding delayed or blocked payments is promptly conveyed. In the case of a negative account balance due to activities like refunds, we reserve the right to recover funds from future payments.

Depending on fan locations, some banks may charge foreign transaction fees for memberships or direct messages. This charge, typically around 3.0%, is beyond our control.

Withholding of Payment

Mighty Fans may withhold payments if a breach of terms is reasonably believed, if a threat to the company or another athlete or fan is perceived, if payments result from unlawful or fraudulent activity, or if content is suspected to infringe on third-party intellectual property. Withholding occurs during the investigation of breaches or suspected unlawful activity.

Tax

Tax identification information and required documentation are collected and reported to tax authorities. You must complete any requested tax documentation and report income as per applicable law. All tax liabilities arising from your use of Mighty Fans are your responsibility unless explicitly noted otherwise. Athletes agree that we may deduct and withhold any sums, including tax obligations, required by law. We have the right to withhold taxes at our discretion or if required, including double withholdings for the USA and the athlete's country of residence.

Ownership of Your Account

The company is the sole owner of your Mighty Fans "Athlete" account at all times. Content added to the account is subject to prior review and approval, and deletion or significant modification of your content may require Mighty Fans’ prior written consent, granted or withheld at the company's sole discretion.

Ownership and License of Your Content

While you retain ownership rights to your content, you grant Mighty Fans an exclusive worldwide license to use, modify, distribute, store, perform, and display your content. This license is limited to Mighty Fans and its parents, subsidiaries, and affiliates, and you agree not to use the content on any other platform while having an active Mighty Fans account. Mighty Fans takes no responsibility for and does not expressly or implicitly endorse, support, or guarantee the completeness, truthfulness, accuracy or reliability of any content on its platform. Mighty Fans reserves the right to delete or remove content at any time, without obligation, for reasons such as violating our terms, the privacy policy, our content guidelines, or for creating a legal liability.

Unauthorized Use of Your Content

Once your content is posted on Mighty Fans, the content may be used by other users or third parties beyond the platform's control. Deleting your account does not prevent the circulation of recorded content by other users or third parties who breached these terms before the account deletion.

Athlete’s Third-party Accounts

You can authorize us to access your third-party accounts, such as Google, for authentication purposes or to enable certain Mighty Fans features. Each time you link your third-party account, that account will display information about the access we require. You have the option to revoke our access through the security settings page of the respective third party at any time.

Athlete’s Feedback

Providing ideas, suggestions, or feedback about Mighty Fans or our services is entirely voluntary, and you agree that we can use this input without compensation or obligation to you.

Mighty Fans Creations

Our creations, protected by copyright, trademark, and trade secret laws, include elements like the site text, logo, and codebase. You receive a fully paid-up, royalty-free, non-exclusive, and revocable license to use, display, and distribute our logo and other copyrights or trademarks for promoting your Mighty Fans page. Without written permission, you may not use, reproduce, distribute, perform, publicly display, or create derivative works of our creations. For inquiries about using our logo or other copyrights/trademarks, contact us at Support@MightyFans.com.

Athlete’s Personal Responsibility

Only individuals are eligible to be athletes. Athletes personally adhere to these terms, providing accurate information during account creation and updating that information as necessary. You are accountable for activities on your account and for general account security. If you have assistance from a third party in managing your Athlete account, your personal legal responsibility remains unaffected. Notify us promptly at Support@MightyFans.com if you suspect your account has been compromised.

Compliance with Law

We reserve the right to monitor athletes and content for compliance with these terms and applicable law, including the FTC Guides. Noncompliant content may lead to actions such as requiring fixes, making fixes ourselves, withholding payment, and/or terminating the account. Athletes must promptly remove or modify any Content not in compliance, as instructed by us.

Sanctions Compliance

Export laws and regulations, including those of the United States and other applicable jurisdictions, may limit our business dealings with certain athletes. Athletes are responsible for ensuring compliance with export laws, regulations, or OFAC sanctions programs that may affect their use of Mighty Fans. Athletes confirm they are not on any U.S. government list prohibiting exports and agree not to allow Users to violate export embargoes, prohibitions, or restrictions. Your use of Mighty Fans implies acknowledgment of OFAC sanctions programs, and you commit to foregoing use or obtaining an exemption through appropriate channels if these programs impact your use of Mighty Fans. Athletes affirm that their use of Mighty Fans complies with regulations enforced by any OFAC sanctions program.

Representations and Warranties of Athlete

Athlete affirms and guarantees that: (i) they have reached the legal age to consent to these Terms or have the consent of a legal parent or guardian; (ii) they will fulfill their obligations in compliance with all applicable laws, rules, and regulations; (iii) the content, except elements provided by us, is the athlete’s original work, not defaming any third party or violating third party rights; (iv) there are no restrictions on our right to use the content in accordance with these terms; (v) athlete won't use third-party content or proprietary materials in the content without necessary rights and licenses, including our written consent; (vi) athlete won't disparage Mighty Fans, our products or services, or our parents, subsidiaries, or affiliates; and (vii) the content, except elements provided by us, complies with guidelines provided by us or on MightyFans.com, including our Content Guidelines.

Indemnity from Athletes

Athlete will defend, indemnify, and hold Mighty Fans and our parents, subsidiaries, and affiliates harmless from any damages related to: (a) breach of athlete’s obligations, representations, or responsibilities under these terms; (b) the athlete’s content; (c) the athlete’s development, production, distribution, operation, or exploitation of the content; (d) the athlete’s negligence, gross negligence, willful misconduct, or fraud; (e) unauthorized use, disclosure, or infringement of intellectual property or proprietary rights; and (f) athlete’s usage of Mighty Fans. We may assume the defense, settlement, or resolution of such claims at athlete’s cost and expense.

Release and Limitation of Liability Related to Athletes

Athlete agrees to release Mighty Fans and all associated entities from any injury, damage, or harm arising from participation on our platform to the fullest extent permitted by law. We are not liable to athlete for (i) special, indirect, incidental, consequential, or punitive damages, or lost profits, and (ii) any amount exceeding fees paid to the athlete in the twelve months before the claim.

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General Terms for All Users

Who Can Use Mighty Fans

To use Mighty Fans, you must be at least 18 years old, not prohibited under applicable laws, not previously disabled by us for policy violations, not a convicted sex offender, and, as an athlete, not a politician or public official.

How You Can't Use Mighty Fans

Users must comply with these terms and policies. They must:

• Refrain from unlawful or fraudulent activities.
• Refrain from posting someone else’s private or confidential information.
• Respect privacy and intellectual property rights; you represent that you own or have obtained all necessary rights and permissions for the content you post or share.
• Provide accurate information or impersonate others.
• Refrain from interfering with Mighty Fans' operation
• Refrain from selling, licensing, purchasing, or stealing any data obtained from Mighty Fans.
• Refrain from creating accounts in order to access the platform or collect information in an unauthorized way.
• Refrain from modifying, translating, creating derivative works of, or reverse engineering Mighty Fans’ products or services.

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Our Role

Customer Support

For account, payment, service, or terms-related inquiries, contact us at Support@MightyFans.com.

Content Moderation

All users must comply with Mighty Fans Content Guidelines. While not obligated to do so, we monitor pages for compliance and investigate reported violations. We work with users to resolve issues and may take actions based on investigations.

Account Deletion

We may terminate or suspend accounts, cancel subscriptions, or remove content at our discretion. Users cannot claim damages for the suspension or termination of another person's account. These terms remain in effect even after account deletion. No refunds are allowed, but exceptions may be granted at our discretion. We do not prorate fees upon early termination.

Updates

We continuously test new features to enhance Mighty Fans. Features may be added or removed, and we often test with a random subset of the community. If a feature significantly differs from these terms, we will explain these differences during testing.

Privacy

With your consent, we may allow other websites or services to verify your Mighty Fans account information or perform actions on your behalf. Refer to our Privacy Policy for more details.

Sanctions Compliance

As a global company, we adhere to economic sanctions and trade restrictions, including those by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC). Transactions involving designated entities, places, or items are avoided according to OFAC guidelines.

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General Provisions

Warranty Disclaimer

Mighty Fans is provided "as is" without any warranty. We disclaim all warranties to the fullest extent permitted by law, including merchantability, fitness for a particular purpose, and non-infringement. This disclaimer extends to our parents, subsidiaries, affiliates, and third-party service providers.

Disclaimer Regarding Interactions

You are responsible for your interactions with other users, online or in person. We assume no liability for loss or damage resulting from such interactions.

Disclaimer Regarding Content as Professional Advice

We are not licensed professionals, and content on Mighty Fans should not substitute professional consultation or advice. No attorney-client or doctor-patient relationship is formed.

Success Stories Not Guaranteed

Success stories on Mighty Fans may not reflect typical or accurate results. We don't monitor such information and cannot guarantee Users' qualifications or service quality.

Force Majeure

We are not liable for delays or failures beyond our control, such as acts of god, regulatory changes, war, natural disasters, or hacking incidents.

Dispute Resolution

Disputes will be resolved in federal or state courts in the state of Delaware. Both parties consent to exclusive jurisdiction and venue in Delaware. Delaware law governs these terms.

Miscellaneous

These terms constitute the entire agreement between you and us, superseding all prior agreements. You may not assign your rights, but we may. If a provision is unenforceable, it is modified or severed. Failure to enforce a right doesn't waive future enforcement. We may update these terms at our discretion, and your continued use implies acceptance. Even if these terms are terminated by you or us, the following sections will continue to apply: Indemnity for Fans, Indemnity for Athletes, Representations and Warranties of Athlete, Restrictions, Warranty Disclaimer, Limitation of Liability Related to Fans, Release and Limitation of Liability Related to Athletes, Dispute Resolution, and Miscellaneous.