When you use our products and services, you're agreeing to our terms, so please take a few minutes to read over the User Agreement below. Note: You are entering into a legally binding agreement.
We are a social network and online platform for students and athletes.
VISION: TheirFans' vision is to empower student athletes to play the sport they love beyond K–12.
MISSION: TheirFans is on a mission to build the world’s largest social platform for student athletes, college coaches, camps and clubs.
You agree that by clicking “Register”, registering by Facebook or Twitter authorization or similar, accessing or using our services (collectively, “Services”), you are entering into a legally binding agreement (even if you are using our Services on behalf of a company). Your agreement is with TheirFans LLC (“TheirFans” or “we”).
Registered users of our Services are “Athletes”, “Fans”, “Coaches”, “Recruiters”, “College Coaches” “Camps”, “Club Teams”, “Scholarships” and “Instructors” (collectively, “Users”) and unregistered users are “Visitors”. This Agreement applies to both.
2.1. Service Eligibility
Some promises you make to us in this Agreement:
To use the Services, you agree that: (1) you must be the “Minimum Age” (defined below) or older; (2) you will only have one TheirFans account, which must be in your real name; and (3) you are not already restricted by TheirFans or any applicable law of the State of Colorado from using the Services.
“Minimum Age” means 13 years old for the United States and Canada. However, if law in your local area requires that you must be older in order for TheirFans to lawfully provide the Services to you (including the collection, storage and use of your information) then the Minimum Age is such older age as is required in your local area. The Services are not for use by anyone under the age of 13, nor are they intended for international users.
Service eligibility is applicable to users that choose to select “Register” or by similar. Visitors that access to the landing page, TheirFans content, and the agreements available prior to logging into a profile are not required to meet minimum age, unless law in your local area or that of the State of Colorado restricts such use. Visitors that provide comments to TheirFans content are subject to minimum eligibility. Visitors that use social shares via Facebook or Twitter on TheirFans content are subject to the Terms of Service Agreements of Facebook and Twitter, respectively.
2.2. Notices and Service Messages
This Agreement applies to mobile applications as well and you agree that we can share messages with you using our website, mobile apps and email. Also, you agree certain additional information can be shared with us.
If the contact information you provide isn't up to date, you may miss out on these notices. You agree that we may provide notices to you in the following ways: (1) a banner notice on the Service, or (2) an email sent to an address you provided, or (3) by private message via TheirFans application or (4) through other means including text, mobile number, telephone, or mail. You agree to keep your contact information up to date. Please review your profile settings to control and limit what kind of messages you receive from us.
2.3. Your Membership
You'll keep your password a secret. You will not share an account with anyone else and will follow our rules and the law.
As between you and others, your account belongs to you. You agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account (e.g., connections, groups) and (4) not violate the law, and the TheirFans Respect Expectations below. You are responsible for anything that happens through your account unless you close it or report misuse.
2.4. Definitions of Profile Types
TheirFans has 8 profile types. It is your responsibility to select the type that best fits your need.
TheirFans allows users to classify themselves as one of eight (8) types: Athlete, Coach, Instructor, Club, Camp, College Coach, Scholarship and Fan.
Profile types of: Instructor, Club and Camp are responsible to pay a subscription fee for access to TheirFans. This is for the opportunity to grow their business and market directly to an interested demographic.
Profile types of: Athlete, Coach (high school) College Coach, Scholarship and Fan are eligible for a no-cost profile.
Section 3 of this agreement will define how you should select your profile. Prior to registration, users should review the terms of each profile type and ensure that you select the appropriate type. Users that select the incorrect profile may be restricted from access and be liable for back-dated payments (i.e. if a no-cost profile has been used for a user that should have used an Instructor, Club or Camp profile type). If you have any questions regarding which profile type you should register as, please contact TheirFans by phone or email at 720.509.9095 or [email protected].
You'll honor your payment obligations and you agree with the terms and service agreements of our payment provider, PayPal found at https://www.paypal.com/. There may also be fees and taxes that are added to our prices.
If you purchase any of our paid Services (“Subscription-Based Profiles”), you agree to pay us the applicable fees and taxes. Failure to pay these fees may result in the suspension or termination of your subscription and access.
You authorize us to use PayPal to store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your service (e.g. subscriptions) and to facilitate easy payment for new services. As PayPal is used for payment methods, you agree to the PayPal Terms of Service Agreement.
You must pay us for applicable fees and taxes unless you cancel the Subscription-Based Profile, in which case you agree to still pay these fees through the end of the applicable subscription period.
Taxes are calculated based on the billing information that you provide us at the time of purchase.
For TheirFans, you can get a copy of your invoice by a written request submitted to [email protected].
We do not guarantee refunds.
A request for a refund should be submitted via written request to [email protected]. Refunds are not guaranteed, especially for the following reasons, but not limited to:
Selection of the incorrect subscription plan
Failure to cancel a recurring membership prior to the next billing period
Violation of these, or any terms that causes your membership to be canceled
The event that TheirFans ceases to continue business operations
2.6. Messages and Sharing
When you share information, others can see, copy and use that information.
Our Services allow messaging and sharing of information in many ways, such as your profile, publishing posts, links to news articles, scholarship postings, private messages and TheirNews articles. Information and content that you share or post may be seen by other Fans or, if public, by Visitors. Where we have made settings available, we will continue to update our privacy settings for our user base to allow you to decide who can see content or information (e.g., limiting your profile visibility, or not letting people know when you change your profile, make recommendations or respect other profiles). Note that other activities, such as sending a private message, are by default private, only visible to the addressee(s).
We are not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice.
2.7. Communications Between Users
Users will be allowed to communicate with other Users in the following manners: (a) if a User follows (to be referred to as “Respect” on our network and through the remainder of the agreement), another User mutually (both have selected ‘Respect’) then those Users may make public posts on each other’s profiles subject to the Do’s and Don’ts listed below. (b) Private messaging is allowed between all Users. Private messages should not include any materials that would violate any laws or the Do’s and Don’ts terms of safe posts and messaging. (c) Users can use the various directories to find an instructor to work with, a camp to attend, a club team to join, a scholarship to apply for, and to learn about a college programs and communicate with their TheirFans’ representative. (d) Instructors, Camps and Clubs may use TheirFans to provide information regarding their program, including but not limited to, availability, history, accolades, service offerings and price. Communication between Users and Instructors, Camps and Clubs, that a User is not familiar with, should be limited to the opportunities available and marketing of services. There should be no push to sell, purchase or request to exchange financial information through TheirFans. Users who violate any portion of this section may have their account suspended. Fans under the age of 18 should consult with their parents or legal guardians regarding information learned from other organizations/instructors and safe practices of online communication. (e) Scholarships include an “Apply Now” link that will direct the user to organizations original posting. This link will be external from the TheirFans application and TheirFans will not be liable for the actions that take place external to the TheirFans application. (d) Scholarship profile owners will agree to provide accurate and safe links for scholarship applications.
2.7.1 Restriction of Communication between Users
A User may restrict communications with other Users in the following ways:
A User may report a comment or post to TheirFans Admin by using the “Report” feature included on each post
A User may un-follow or un-Respect another User therefore disabling public posts between each User
Private messages do not require Users to “Respect” each other. Therefore, you may receive a private message from a User you are not familiar with. If you have received a message that violates the Terms of Service Agreement or the Do’s and Don’ts please submit a complaint to [email protected]. We will investigate and remove all Users that violate the Terms of Service Agreement or do not provide a safe environment to our Users.
2.8. Understanding of Recruiting Rules
2.9. Validation of Instructors, Clubs and Camps
Instructors, Clubs and Camps must be able to validate all posted licenses, business organizations and certifications posted to their profiles. Further, they must only use their profile to provide accurate information regarding their services and under no circumstance use their profile to promote or take an action in an illegal or unethical behavior. TheirFans does not review any certifications, licenses or provide background checks on any of our members. Connecting with any Users should be done with attention to safety and verification of the certifications and licenses that are provided. TheirFans is not liable for any illegal or unethical actions that are made either through network communications or by physical meetings of users. All Fans that are under the age of 18 should consult their parents or legal guardian prior to scheduling an appointment with any instructor, camp or club.
3. Rights and Limits
3.1. Your License to TheirFans
You own all of the content, feedback, and personal information you provide to us, but you also grant us a non-exclusive license to use it in whatever manner we decide.
You promise to only provide information and content that you have the right to share, and that your profile on TheirFans will only contain truthful information about yourself.
As between you and TheirFans, you own the content and information that you submit or post to the Services and you are only granting TheirFans the following non-exclusive license: A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process information and content that you provide through our Services, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:
You can end this license for specific content by deleting such content contained on your profile or posts that you have made to other public profiles, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied or stored it, (b) for the reasonable time it takes to remove from backup and other systems and (c) to the extent that it has been reproduced as a part of a TheirNews article or video.
Users and/or Visitors may access and share your content and information, consistent with your settings and degree of connection with them.
While we may edit and make formatting changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.
Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others.
By submitting suggestions or other feedback regarding our Services to TheirFans, you agree that TheirFans can use and share (but does not have to) such feedback for any purpose without compensation to you.
You agree to only provide content or information if that does not violate the law nor anyone's rights (e.g., without violating any intellectual property rights or breaching a contract). You also agree that your profile information will be truthful. TheirFans may be required by law to remove certain information or content in certain countries.
3.2. Service Availability
We may change or discontinue any of our Services. We can't promise to store or keep showing any information and content you've posted.
We may change, suspend or end any Service, or change and modify prices. To the extent allowed under law, these changes may be effective after notice provided to you and a sufficient period as required by law.
3.3. Profile Registration
By registering for a College Coach account, you must be a NCAA Division I, II, or III or other collegiate athletic association head coach, assistant coach and/or official collegiate recruiter. By registering for a Coach account, you must be currently employed or have been previously employed by a high school at the time of registration for the account.
By registering for a Club account, you must be currently employed or have been previously employed by a club organization as a director, coach or other administrator in the sport for which you are registering.
By registering as an Athlete, you must in fact be a high school athlete or a college student that is interested in a transfer to another university as a NCAA athlete.
By registering as a Camp or Instructor, you must be currently employed or have been previously employed by or operate your own business in the sport for which you are registering.
By registering for a Scholarship account, you must be currently employed by a network, foundation or company that offers scholarships to students and be willing to post scholarship and academic opportunities to be viewed by Users.
A Fan profile should only be used by users that do not fit into any other category; by registering as a Fan you certify that you should not be included in any other profile type. By registering untruthfully as an Athlete, College Coach, Coach, Club, Camp, Instructor, Scholarship, or Fan you may and will be held liable for your actions and the consequences. This is considered deceptive access to information and TheirFans reserves the right to pursue further action, including recovery of any subscription dues for the period spent in a no-cost profile, as well as other legal action, including an injunction.
3.4. Guarantees of Service Availability
You agree that use of the TheirFans is at your sole risk. TheirFans does not warrant that the site or its service will be uninterrupted or error free. TheirFans does not make any warranty as to the results obtained from usage of the site or as to the accuracy, reliability, or content of any information, service, or merchandise provided through the site.
3.5. Other Content, Sites and apps
When you see or use others User’s content and information posted on our Services, it's at your own risk.
Third parties may offer their own products and services through TheirFans, and we aren't responsible or liable in any way, for those third-party activities.
By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. TheirFans generally does not review content provided by our Fans. You agree that we are not responsible for third parties' (including other Fans') content or information or for any damages as result of your use of or reliance on it in any way or under any theory of law or equity.
We have the right to limit how you connect and interact on our Services. We're providing you notice about our intellectual property rights.
TheirFans reserves the right to limit your use of the Services, including the number of your connections and your ability to contact other Fans. TheirFans reserves the right to restrict, suspend, or terminate your account if TheirFans believes that you may be in breach of this Agreement, or law, or are misusing the Services (e.g. violating any Do and Don'ts).
TheirFans reserves all of its intellectual property rights in the Services. For example, TheirFans, TheirFans (stylized), and “in” logos and other TheirFans trademarks, service marks, graphics, and logos used in connection with TheirFans are trademarks or registered trademarks of TheirFans. No one may use TheirFans intellectual Property without express written consent. Other trademarks and logos used in connection with the Services may be the trademarks of their respective owners.
4. Disclaimer and Limit of Liability
4.1. No Warranty
This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.
TO THE EXTENT ALLOWED UNDER LAW, THEIRFANS (AND THOSE THAT THEIRFANS WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND (D) ALL OTHER WARRANTES DISCLAIMABLE BY LAW.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
4.2. Exclusion of Liability
These are the limits of legal liability we may have to you.
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS THEIRFANS HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), THEIRFANS (AND THOSE THAT THEIRFANS WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT).
IN NO EVENT SHALL THE LIABILITY OF THEIRFANS (AND THOSE THAT THEIRFANS WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, THE AMOUNT YOU HAVE PAID TO THEIRFANS.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THEIRFANS AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF THEIRFANS HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
We can each end this Agreement anytime we want.
TheirFans or You may terminate this Agreement at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:
Our rights to use and disclose your feedback;
Fans' and/or Visitors' rights to further re-share content and information you shared through the Service to the extent copied or re-shared prior to termination;
Sections 4, 6 and 7 of this Agreement;
Any amounts owed by either party prior to termination remain owed after termination.
You can close your account by selecting “delete account” under account settings.
6. Dispute Resolution
In the unlikely event we end up in a legal dispute, it will take place in Colorado courts, applying Colorado law.
You agree that the laws of the State of Colorado, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Agreement and/or the Services. We both agree that all of these claims can only be litigated in the federal or state courts of Denver County, Colorado, USA, and we each agree to personal jurisdiction, and that venue is proper, in those courts.
7. General Terms
Here are some important details about how to read the Agreement.
If a court with authority over this Agreement finds any part of it not enforceable, you and TheirFans agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and TheirFans agree to ask the court to remove that unenforceable part and still enforce the rest of this Agreement. To the extent allowed by law, the English version of this Agreement is binding and other translations are for convenience only. This Agreement (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
If we don't act to enforce a breach of this Agreement, that does not mean that TheirFans has waived its right to enforce this Agreement. You may not assign or transfer this Agreement (or your membership or use of Services) to anyone without our consent. However, you agree that TheirFans may assign this Agreement to its affiliates, subsidiaries, contractors, or a party that buys it without your consent. There are no third party beneficiaries to this Agreement.
You agree that the only way to provide us legal notice is at the addresses provided in Section 10.
8. TheirFans Respect Expectations
8.1. You agree that you will:
Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
Provide accurate information to us and keep it updated;
Use your real name on your profile;
Use the Services in a professional manner.
Provide accurate game statistics, athletic, academic and personal information
Provide photos and videos to your profile that display your athletic abilities and specialties as a coach, instructor, camp or club.
8.2. You agree that you will not:
Act dishonestly or unprofessionally, including by posting inappropriate, inaccurate, illegal, or objectionable content;
Add content that is not intended for, or inaccurate for, a designated field (e.g. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by TheirFans);
Use an image that is not your likeness;
Create a false identity on TheirFans;
Misrepresent your athletic and academic capabilities;
Misrepresent your affiliations with a person or entity, past or present;
Misrepresent your identity, including but not limited to the use of a pseudonym;
Create a Member profile for anyone other than yourself (a real person);
Invite people you do not know to join your network;
Use or attempt to use another's account;
Harass, abuse or harm another person;
Send spam or other unwelcomed communications to others;
Scrape or copy profiles and information of others through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work);
Act in an unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable manner;
Disclose information that you do not have the right to disclose (such as confidential information of others);
Violate intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other proprietary rights;
Violate the intellectual property or other rights of TheirFans, including, without limitation, using the word “TheirFans” or our logos in any business name, email, or URL except as accepted by a written request to [email protected];
Use TheirFans invitations to send messages to people who don't know you or who are unlikely to recognize you as a known contact;
Post any unsolicited or unauthorized advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation unauthorized by TheirFans;
Post any photos or videos that contain any other person other than yourself, without their permission. If a dispute should arise, a written permission must be submitted to [email protected];
Send messages to distribution lists, newsgroup aliases, or group aliases;
Post anything that contains software viruses, worms, or any other harmful code;
Manipulate identifiers in order to disguise the origin of any message or post transmitted through the Services;
Create profiles or provide content that promotes escort services or prostitution;
Creating or operate a pyramid scheme, fraud or other similar practice;
Copy or use the information, content or data of others available on the Services (except as expressly authorized);
Copy or use the information, content or data on TheirFans in connection with a competitive service (as determined by TheirFans);
Copy, modify or create derivative works of TheirFans, the Services or any related technology (except as expressly authorized by TheirFans);
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology, or any part thereof;
Imply or state that you are affiliated with or endorsed by TheirFans without our express consent (e.g., representing yourself as an accredited TheirFans trainer);
Rent, lease, loan, trade, sell/re-sell access to the Services or related any information or data;
Sell, sponsor, or otherwise monetize a TheirFans Group or any other feature of the Services, without TheirFans' consent;
Deep-link to our Services for any purpose other than to promote your profile on TheirFans, without TheirFans' consent;
Remove any copyright, trademark or other proprietary rights notices contained in or on our Service;
Remove, cover or obscure any advertisement included on the Services;
Collect, use, copy, or transfer any information obtained from TheirFans without the consent of TheirFans;
Share or disclose information of others without their express consent;
Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the Services or any related data or information;
Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
Monitor the Services' availability, performance or functionality for any competitive purpose;
Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
Access the Services except through the interfaces expressly provided by TheirFans, such as its mobile applications, TheirFans.com;
Override any security feature of the Services;
Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms);
9. Complaints Regarding Content
We respect the intellectual property rights of others. We require that information posted by Users be accurate and not in violation of the intellectual property rights or other rights of third parties. Any complaints concerning content posted by our Fans should be submitted in writing to [email protected] or by using the report feature on posts.
10. How to Contact Us
If you want to send us notices or service of process, please contact us: