When NOCAP Sports is requested to discuss any deals between Users that are completed through NOCAP or disclosed through NOCAP, you agree that NOCAP can confirm that a deal occurred, which may include using an athlete’s name, image and/or likeness (“NIL”) to confirm the completed deal, unless an athlete specifically requests that NOCAP not do so by email to NOCAP at [email protected], which request NOCAP will honor after it has been received and verified by NOCAP. If the media or any other third party requests more information than whether a deal occurred, you agree that NOCAP may, but is not obligated to, direct the media or such other third party to contact the athlete and/or business involved if they want more information.
Users agree that NOCAP may add publicly available information to the User’s profile on the Website, including but not limited to social media handles and related content that are publicly available.
- Accessing the Website; Account Security. NOCAP reserves the right to withdraw or change the Website, and any services or materials we provide on or through the Website, temporarily or permanently, at any time in our sole discretion with or without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. You agree that NOCAP will not be liable to you or any third party for any modification, suspension or discontinuance of the Website or any service. From time to time, we may restrict access to portions of the Website, or the entire Website, to some or all Users. We have no obligation to provide you with any technical support in connection with your use or attempted use of the Website.
- Intended Audience. This Website is not intended for any children under the age of 13. ALL USERS MUST BE AT LEAST 13 YEARS OF AGE TO ACCESS AND USE THIS WEBSITE.
- Trademarks. The NOCAP and NOCAP Sports name(s), logo(s) and all related names, logos, product and service names, designs and slogans are trademarks of NOCAP or its affiliates or licensors. You must not use such marks without the prior written permission of NOCAP. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.
- Use of Intellectual Property for Promotional Purposes. As a User, you acknowledge and approve of the use of your intellectual property (specifically, logos, name, images, and likeness) by NOCAP Sports, solely for purpose of promoting and marketing the Website (including, without limitation, your interest in prospective deals sourced through the Website) and NOCAP’s services on NOCAP’s digital platforms.
- Website Use. NOCAP Sports grants User a limited, revocable, nonexclusive license to use the Website solely for their own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. User may not use any service provided by the Website for any other purpose, including any commercial purpose, without the prior express written permission of an authorized representative of NOCAP Sports. User agrees not to copy materials on the Website, reverse engineer or break into the Website, or use materials, products or services in violation of any law.
The use of this Website is at the discretion of NOCAP Sports and NOCAP Sports may terminate your use of this Website at any time. If a User requests their account to be deleted, NOCAP Sports will deactivate the User, flag the account as deleted, and remove the User’s phone and email address. However, each User acknowledges and agrees that certain deal information and relevant personal data must be retained by NOCAP Sports as long as it is necessary to comply with any contractual, legal, regulatory, and/or ethical obligations.
- in any way that violates applicable federal, state, or local law or regulation (including, without limitation, any laws regarding the exporting of data or software to and from the United States) or violates or infringes the rights of any third party;
- for the purposes of exploiting, threatening, or harming, or attempting to exploit, threaten, or harm, any person;
- to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, or “spam” or any other similar solicitation;
- to impersonate or attempt to impersonate NOCAP, a NOCAP employee, another User, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing);
- to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or which may harm NOCAP or other Users or expose us or them to liability, each as determined by NOCAP in our sole discretion;
- in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including any other party’s ability to engage in real time activities through the Website;
- in conjunction with any robot, spider, or other automatic device, process or means to access the Website for any purposes, including monitoring, copying, or harvesting any of the material on the Website;
- to introduce any viruses, trojan horses, worms, logic bombs, or other material to the Website which is malicious or technologically harmful; or
- to attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server(s) on which the Website and any related data is stored, or any server, computer, or database connected to the Website.
NOCAP may not review all material before it is transmitted through the Website, and NOCAP cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, NOCAP assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party on or through the Website, including, without limitation, any User Contributions.
- Content Standards. These content standards apply to any and all User Contributions and use of the Website. User Contributions must comply with all applicable federal, state, and local laws and regulations in all respects. Without limiting the foregoing, User Contributions must not, in NOCAP’s sole discretion:
- contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
- promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person or entity;
- be likely to deceive any person;
- promote any illegal activity, or advocate, promote, or assist any unlawful act;
- cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
- impersonate any person or misrepresent your identity or affiliation with any person or organization; or
- give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Neither NOCAP nor the Website provides any advice, including, without limitation, legal or financial advice. We encourage you to obtain independent legal advice from a licensed attorney prior to entering into any agreement with a third party.
As customary in the influencer marketing industry, an Athlete may be compensated additional amounts above and beyond the agreed-upon compensation at the discretion of the Brand during and after a deal is completed as enhanced compensation for exceeding expectations related to the deal. For example, driving leads or sales through affiliate links, royalty payments based on sales, “rush fee” for completing tasks quickly, and other reasons that are solely related to the Athlete’s work.
- Deal Process. If an Athlete’s school activates their NOCAP account, then after an Athlete negotiates a deal with a Brand using NOCAP a description of the Proposed Deal is automatically sent to the school, where applicable, through the Website to review and either “Acknowledge Disclosure” or “Flag Disclosure.” Each Athlete and Brand hereby consents to the disclosure of any such Proposed Deal terms to the Athlete’s school as described herein. The school has up to seven days to acknowledge disclosure or flag disclosure of a Proposed Deal. If the school does not acknowledge disclosure or flag disclosure within seven days, the Athlete can proceed forward with the deal if they confirm (to NOCAP’s satisfaction) that their school received the deal disclosure.
After the school acknowledges disclosure, the Athlete is able to move forward to execute the deal. NOCAP Sports will process the payment from the Brand and save the disclosure form to the Athlete’s account and, if applicable, school’s accounts. As soon as the Athlete reports that they have completed the job duties associated with the deal and NOCAP receives full payment from the Brand, the funds will be distributed to the Athlete’s account.
If an Athlete’s school does not activate their NOCAP account, the athlete must confirm (to NOCAP’s satisfaction) that the Athlete disclosed the deal to their school as required by any school policy or applicable law.
If an Athlete’s school does not activate their NOCAP account but does want to receive information relevant to Proposed Deal disclosures, Users agree that if the school provides NOCAP with a secure email address then NOCAP may send the relevant Proposed Deal disclosure information to the school as an encrypted email attachment.
- Links from the Website. If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. NOCAP has no control over the contents of those sites or resources, and we 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 the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such third party websites.
- Disputes. If any User has a dispute about a transaction or deal processed through the Website or otherwise involving NOCAP, the dispute must be handled externally between the Users and any other parties involved. All parties agree to act in good faith to try to promptly resolve the dispute. NOCAP Sports is not responsible for any disputes between Users or arising from deals processed on the Website, therefore, all such disputes must be handled externally without involving NOCAP, and each User agrees to indemnify NOCAP in connection with any such dispute as described in further detail in Section 19 (Indemnification”) below.
- Receiving Payouts. In order for a User to receive funds, Stripe (or the Website) makes payouts to your bank account. Therefore, you must have a bank account available to engage in such transactions to receive funds.
Payout availability depends on a number of factors such as the industry and country the User is operating in, and the risks involved. When a User starts processing live payments with Stripe, the User will not receive their first payout until approximately 7–14 days after receiving their first successful payment. The first payout usually takes longer in order to establish the Stripe account. Processing subsequent payouts then happens according to the account’s payout schedule.
When a payment is first received by NOCAP, it is initially reflected as a pending balance (less any Stripe fees) on the Website. This balance becomes available according to the User’s payout schedule. For instance, it takes 7 calendar days from a payment being received to it being paid out for Stripe accounts on a 7 calendar day schedule. Most banks deposit payouts into your bank account as soon as they receive them, though some may take a few extra days to make them available. NOCAP is not responsible for the acts or omissions of any third party, including any bank involved in processing payments in connection with the Website.
- Compliance with Laws. User agrees to comply with all applicable federal, state, and local laws and regulations related to the use of the Website. User further agrees that information provided by the User is truthful and accurate to the best of their knowledge.
- Disclaimer. THE INFORMATION ON THE WEBSITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE WEBSITE AND YOUR INTERACTIONS WITH ANY OTHER USERS IS AT YOUR SOLE RISK. NOCAP SPORTS DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER NOCAP NOR ANYONE ASSOCIATED WITH NOCAP REPRESENTS OR WARRANTS THAT THE WEBSITE AND ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ITEMS OR SERVICES OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. NOCAP IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, INCLUDING OTHER USERS OF THE WEBSITE, AND YOU HEREBY RELEASE NOCAP, its affiliates, licensors and service providers, and its and their respective officers, directors, MEMBERS, MANAGERS, employees, contractors, agents, licensors, suppliers, successors, and assigns from any claims or damages, known or unknown, arising out of or in any way related to any claim you have against any third party (INCLUDING OTHER USERS OF THE WEBSITE).
You understand and agree that NOCAP cannot and does not guarantee or warrant that files available for downloading from the internet or the Website 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 the Website for any reconstruction of any lost data. NOCAP WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE WEBSITE, OR ON ANY SITE LINKED TO THE WEBSITE.
TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE WEBSITE SHALL BE TO DISCONTINUE USING THE WEBSITE.
- Force Majeure. NOCAP is not responsible for any delay or prevention of NOCAP performing its obligations hereunder if it is the result of events beyond our reasonable control, including without limitation acts of God, war, governmental actions or orders, epidemics, riots, terrorism, strikes, labor shortages, fire, extreme weather, embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, or shortage of materials.
- Use of Information. NOCAP Sports reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
- Copyrights and Copyright Agent. It is NOCAP’s policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (the “DMCA”). In addition, NOCAP will promptly terminate without notice the accounts of those determined by NOCAP to be “repeat infringers.” If you are a copyright owner or an agent thereof, and you believe that any content hosted on the Website infringes your copyrights, then you may submit a notification pursuant to the DMCA by providing NOCAP’s Designated Copyright Agent with the following information in writing (please consult your legal counsel or see 17 U.S.C. § 512(c)(3) to confirm these requirements):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Website;
- Information reasonably sufficient to permit NOCAP to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Our Designated Agent for Notice of claims of copyright infringement on the Website can be reached as follows: Attention: Copyright Agent, NOCAP Sports, Inc., 1930 E Arizona St, Philadelphia, Pennsylvania 19125 or by email at [email protected].
- Acknowledgment Section. All Users affirm that they have read and understand the applicable policies, rules, and laws related to the use of a college athlete’s name, image, and/or likeness. All Users affirm that all relationships between Users facilitated by NOCAP do and will continue to comply with all applicable school and league policies and federal, state, and local laws. All Athletes affirm that no institutional staff member, business (including any Brand), or individual made any promise of benefits related to any NIL activity as a recruiting inducement to enroll or remain at any institution.
- Your Comments or Questions.