These Digital Collectibles Terms govern your access to and use of FanSpark digital collectibles, fan inventory items, badges, tokenized items, claimable rewards, optional minting features, wallet features, blockchain-related features, and related services.
These Digital Collectibles Terms apply to all users who create, claim, purchase, receive, display, transfer, mint, sell, or otherwise interact with digital collectibles through FanSpark.
These Digital Collectibles Terms supplement FanSpark’s Terms of Use, Privacy Policy, Creator Agreement, Fan Support, Payments & Refund Terms, Campaign & Content Guidelines, DMCA/IP Policy, and any collectible-specific terms shown on a collectible page, campaign page, claim page, checkout page, or minting flow. If these Digital Collectibles Terms conflict with the general Terms of Use on a digital collectible issue, these Digital Collectibles Terms will control for that issue.
FanSpark may offer digital collectibles connected to creators, entertainment IP, campaigns, fictional worlds, public domain-inspired projects, product drops, fan participation, community achievements, perks, rewards, or platform events.
Digital collectibles may include:
Digital collectibles are intended for fandom, identity, participation, display, access, entertainment, and community engagement. They are not intended to be investments, securities, financial products, or speculative assets.
FanSpark may support both off-chain and on-chain collectible experiences.
An off-chain collectible is a digital item recorded within FanSpark’s platform systems. It may appear in your FanSpark account, fan inventory, profile, campaign participation history, or creator-related collection.
Off-chain collectibles are controlled by FanSpark’s platform rules and may not be transferable outside FanSpark unless FanSpark enables that feature.
An on-chain collectible is a digital item that may be minted, recorded, transferred, or displayed using blockchain technology.
On-chain collectibles may involve smart contracts, wallets, blockchain addresses, transaction fees, marketplaces, metadata, token standards, third-party infrastructure, or public blockchain records.
On-chain features may be optional, limited, unavailable, delayed, or restricted depending on the collectible, campaign, jurisdiction, wallet setup, blockchain network, or platform status.
Digital collectibles on FanSpark are not investments.
Unless FanSpark expressly states otherwise in writing, digital collectibles DO NOT provide:
You should not buy, claim, mint, hold, or transfer a digital collectible with the expectation of financial return, investment gain, resale profit, or future value.
FanSpark may restrict or remove any collectible, campaign, creator claim, or marketplace reference that presents digital collectibles as investments or speculative financial products.
Some digital collectibles may include utility, benefits, access, recognition, display rights, participation rights, or other features.
Collectible utility may include:
Utility is only what is expressly described at the time of claim, purchase, or mint. Any utility not expressly stated is not included.
Unless FanSpark expressly states otherwise, collectible utility may be modified, paused, limited, replaced, or discontinued due to platform changes, creator changes, rights issues, technical issues, legal requirements, safety concerns, abuse prevention, or business needs.
Collectible descriptions, names, images, traits, rarity labels, edition sizes, campaign associations, creator associations, metadata, benefits, and availability should be reviewed carefully before claiming, purchasing, or minting.
FanSpark and creators may correct errors, update metadata, adjust display information, fix technical issues, modify inaccurate descriptions, or remove misleading collectible information.
FanSpark does not guarantee that collectible metadata will always be hosted, displayed, indexed, or rendered by third-party wallets, marketplaces, explorers, or applications.
FanSpark or creators may describe certain collectibles as limited, open edition, timed edition, one-of-one, claim-based, milestone-based, reward-based, or otherwise limited.
Scarcity statements apply only to the specific collectible, edition, contract, campaign, or claim event described.
Unless expressly stated otherwise:
FanSpark may cancel, pause, modify, or close a collectible drop if required for legal, safety, rights, fraud, payment, technical, or platform reasons.
When you claim, purchase, receive, or mint a digital collectible, you may receive a limited right to hold, display, or use that specific digital item according to these Terms and any collectible-specific terms.
If the collectible is minted on-chain, your ownership of the token means ownership of that blockchain token, subject to these Terms, smart contract rules, wallet rules, marketplace rules, applicable law, and any collectible-specific license.
Owning a digital collectible does not automatically mean you own the underlying artwork, characters, story world, brand, trademarks, copyright, commercial rights, or intellectual property associated with that collectible.
Unless a collectible-specific license states otherwise, FanSpark grants you a limited, personal, non-exclusive, non-transferable except as permitted with the collectible, revocable license to display the collectible artwork or media associated with the digital collectible for personal, non-commercial purposes.
This personal display license may allow you to:
This license does not allow you to:
FanSpark or the applicable creator retains all rights not expressly granted.
Creators may release digital collectibles connected to original IP, licensed IP, public domain-inspired works, or FanSpark Classics projects.
For original creator IP, the creator retains ownership of the underlying creator IP unless the collectible-specific terms say otherwise.
For public domain-inspired collectibles:
You are responsible for your own use of any collectible artwork, names, characters, or associated materials outside FanSpark.
Creators who offer digital collectibles through FanSpark are responsible for:
FanSpark may require creators to provide proof of rights, revise collectible descriptions, remove misleading claims, or pause collectible releases.
If you claim, purchase, mint, hold, transfer, or display digital collectibles, you are responsible for:
Do not claim, purchase, mint, or transfer a digital collectible unless you understand the applicable risks.
FanSpark may offer or support different wallet experiences, including custodial wallets, embedded wallets, connected third-party wallets, or non-custodial wallets.
The available wallet options may vary by user, collectible, jurisdiction, feature, or campaign.
If FanSpark provides a custodial or embedded wallet experience, FanSpark or a third-party provider may help create, manage, or secure the wallet experience.
Custodial or embedded wallet features may be subject to additional terms, limitations, recovery procedures, identity checks, security restrictions, or provider rules.
If you connect or use a third-party or non-custodial wallet, you are responsible for that wallet, including private keys, seed phrases, approvals, signatures, transfers, and connected applications.
FanSpark cannot recover lost private keys, reverse unauthorized transfers, restore assets sent to the wrong address, or control third-party wallet security.
Blockchain transactions may be irreversible.
If you mint, transfer, sell, buy, bridge, burn, approve, or interact with a digital collectible on-chain, you may face risks including:
FanSpark is not responsible for blockchain losses caused by user error, wallet compromise, third-party failures, marketplace activity, public blockchain behavior, or unsupported transfers, except where required by law.
Some on-chain actions may require gas fees, network fees, bridge fees, marketplace fees, or other blockchain-related costs.
FanSpark may choose to sponsor some fees, pass fees to users, subsidize fees, charge separate fees, or disable fee-heavy actions.
Gas fees and network fees may be non-refundable, even if a transaction fails, is delayed, or does not produce the expected result.
FanSpark does not control blockchain network fees.
FanSpark may allow, restrict, delay, or prohibit transfers of certain digital collectibles.
Transfer rules may vary by collectible type. For example:
If you transfer a collectible, you may lose access to related benefits unless the collectible-specific terms state otherwise.
Transfers outside FanSpark may not be recognized by FanSpark if they violate platform rules, technical requirements, smart contract rules, or collectible-specific terms.
FanSpark may support, restrict, or integrate with third-party marketplaces. FanSpark may also choose not to support secondary marketplace activity.
Third-party marketplace activity is governed by the marketplace’s own terms, fees, policies, royalties, smart contract behavior, display systems, and dispute processes.
FanSpark does not guarantee:
Buying or selling a collectible on a marketplace may have tax, legal, platform, and utility consequences.
Some digital collectibles may include creator royalties, platform royalties, resale fees, marketplace fees, or other secondary sale mechanics.
Royalty enforcement may depend on smart contract design, marketplace support, blockchain standards, and third-party behavior.
FanSpark does not guarantee that royalties will be enforced by all marketplaces or blockchain services.
Royalties, fees, and resale mechanics may change depending on technical, marketplace, legal, or platform conditions.
Refunds for digital collectibles are limited.
Unless FanSpark, the collectible-specific terms, or applicable law says otherwise, digital collectible payments may become non-refundable once:
FanSpark may approve refunds, credits, cancellations, or other remedies in limited cases such as duplicate charges, technical errors, unauthorized transactions, failed delivery before claim or mint, creator cancellation, material misdescription, legal requirements, or platform protection.
Gas fees, network fees, marketplace fees, and third-party fees may be non-refundable.
You are responsible for taxes related to digital collectibles, including taxes that may apply to purchases, sales, transfers, claims, rewards, income, gains, losses, royalties, or other transactions.
Tax treatment may vary based on your location, transaction type, payment method, collectible type, and how you use the collectible.
FanSpark may collect, report, or remit taxes where required or where FanSpark chooses to do so.
FanSpark does not provide tax advice. You should consult a tax professional if you have questions about digital collectible transactions.
Digital collectible features may not be available in all locations.
FanSpark may restrict, block, delay, cancel, reverse where possible, or refuse collectible transactions, wallet connections, mints, claims, purchases, or transfers if required for legal, sanctions, payment, fraud, compliance, or platform reasons.
You may not use FanSpark digital collectible features if you are prohibited from doing so under applicable law, sanctions rules, export controls, payment processor rules, or FanSpark policy.
FanSpark may use third-party tools, automated screening, manual review, wallet risk checks, geographic restrictions, and other methods to detect prohibited or high-risk activity.
You may not use digital collectible features to engage in:
FanSpark may cancel claims, restrict accounts, revoke off-chain items, disable utility, block wallets, hold payments, report activity, or take other action if we detect or suspect abuse.
You are responsible for securing your FanSpark account, wallet, private keys, seed phrases, devices, passwords, and authentication methods.
FanSpark may not be able to recover or replace collectibles that are lost, stolen, transferred to the wrong wallet, compromised, burned, bridged incorrectly, or removed through third-party marketplace activity.
FanSpark may, at its discretion, assist with off-chain account issues or platform-controlled inventory issues, but FanSpark does not guarantee recovery.
On-chain collectibles may rely on smart contracts and blockchain infrastructure.
FanSpark may create, use, upgrade, migrate, replace, pause, or discontinue smart contracts, metadata systems, wallet integrations, claim mechanisms, or blockchain networks where technically possible and legally appropriate.
FanSpark may also migrate collectibles or metadata to address security issues, platform changes, rights disputes, network issues, provider failures, or technical improvements.
Some blockchain records may not be changeable even if FanSpark changes platform display or utility.
Collectible artwork, metadata, images, videos, attributes, and related files may be hosted by FanSpark, creators, decentralized storage providers, cloud providers, or third-party services.
FanSpark does not guarantee that all metadata or media will be available forever.
FanSpark may modify, migrate, remove, restrict, or replace metadata or media if needed for rights issues, safety, legal compliance, technical reasons, creator changes, platform changes, or policy enforcement.
Third-party wallets, marketplaces, and blockchain explorers may display metadata differently or may fail to display it.
FanSpark or creators may change collectible utility for reasons including:
FanSpark may provide notice for material utility changes when practical, but some changes may happen without advance notice.
Unless expressly guaranteed in collectible-specific terms, utility is not permanent.
FanSpark may allow you to display collectibles on your profile, in fan inventory, on campaign pages, in creator communities, or in other platform areas.
FanSpark may remove, hide, label, restrict, or disable display of a collectible if:
FanSpark may choose which collectibles, wallets, chains, and metadata standards it supports.
Digital collectible features may involve third-party services, including:
FanSpark does not control third-party services and is not responsible for their actions, policies, outages, fees, failures, security incidents, or disputes.
Your use of third-party services may be governed by their own terms and privacy policies.
FanSpark may suspend, restrict, or terminate access to digital collectible features if we believe:
For off-chain collectibles, FanSpark may revoke, hide, restrict, or disable items in your FanSpark account.
For on-chain collectibles, FanSpark may not be able to remove the token from a blockchain wallet, but FanSpark may restrict platform display, utility, recognition, access, or support.
Digital collectibles are provided on an “as is” and “as available” basis.
FanSpark does not guarantee:
You use digital collectible features at your own risk.
To the fullest extent permitted by law, FanSpark and its owners, officers, directors, employees, contractors, affiliates, service providers, payment partners, wallet partners, and licensors will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, lost profits, lost value, lost collectibles, lost access, lost data, lost keys, lost utility, market losses, tax consequences, marketplace failures, blockchain failures, wallet compromise, or transaction errors.
To the fullest extent permitted by law, FanSpark’s total liability for claims related to digital collectibles will not exceed the greater of:
Some jurisdictions do not allow certain limitations, so some limitations may not apply.
FanSpark may update these Digital Collectibles Terms from time to time. When we make material changes, we may notify you by posting the updated terms, updating the “Last Updated” date, sending a notice, or using another reasonable method.
Your continued use of digital collectible features after updated terms become effective means you accept the updated terms.
If you do not agree to the updated terms, you must stop using FanSpark’s digital collectible features.
For questions about these Digital Collectibles Terms, contact FanSpark at:
FanSparkSuper Nifty Megacorp[Insert Mailing Address]support@fanspark.melegal@fanspark.meapp.fanspark.me