Welcome to FanSpark, a platform owned and operated by Super Nifty Megacorp LLC (“Super Nifty Megacorp,” “we,” “us,” or “our”). These Terms of Use (“Terms”) constitute a legally binding agreement between you and Super Nifty Megacorp and govern your access to and use of FanSpark’s websites, applications, products, services, creator tools, fan features, campaign pages, digital collectibles, content, and related offerings (collectively, the “Platform”).
By creating an account, accessing the Platform, supporting a creator, launching a campaign, submitting content, purchasing a product, claiming a perk, or otherwise using FanSpark, you acknowledge that you have read, understood, and agreed to these Terms. If you do not agree to these Terms, you may not access or use the Platform.
These Terms apply to all FanSpark users, including fans, supporters, creators, collaborators, purchasers, visitors, and any other person or entity that accesses or uses the Platform.
FanSpark is a platform where creators can launch, grow, and engage fandoms around entertainment properties, creative projects, fictional worlds, public domain works, original intellectual property, campaigns, product drops, collectibles, perks, community updates, and related fan experiences.
FanSpark may allow fans to discover projects, follow creators, participate in polls or feedback loops, support campaigns, claim perks, purchase products, collect digital items, and otherwise participate in creator-led experiences.
FanSpark is a platform provider. Unless expressly stated otherwise, FanSpark does not own, control, endorse, guarantee, or take responsibility for creator projects, creator content, creator promises, campaign outcomes, product fulfillment, reward fulfillment, or third-party services.
These Terms incorporate by reference any additional terms, policies, rules, or guidelines that FanSpark makes available, including:
If there is a conflict between these Terms and a more specific FanSpark policy, the more specific policy will control for that subject, unless that policy states otherwise.
You must be at least 13 years old to use FanSpark. If you are under the age of majority in your jurisdiction, you may use FanSpark only with the consent and supervision of a parent or legal guardian.
You must be at least 18 years old, or the age of majority where you live, to:
FanSpark is not intended for children under 13. Do not use FanSpark if you are under 13.
You may need an account to access certain FanSpark features. You agree to provide accurate, current, and complete information and to keep that information updated.
You are responsible for maintaining the security of your account, login credentials, connected wallets, payment methods, and devices. You are responsible for activity that occurs through your account unless the activity results from FanSpark’s failure to use reasonable security measures.
You agree to notify FanSpark promptly if you believe your account has been compromised or used without authorization.
FanSpark may suspend, restrict, or terminate your account if we believe you have violated these Terms, created risk for FanSpark or others, provided false information, engaged in fraud, abused the platform, or used FanSpark in a way that could harm users, creators, FanSpark, or third parties.
FanSpark campaigns, perks, collectibles, fan support features, and creator launches are not investments, securities, equity offerings, loans, revenue-sharing arrangements, or profit-sharing opportunities unless FanSpark expressly states otherwise in writing.
Supporting a creator, purchasing a perk, claiming a collectible, or participating in a campaign does not give you ownership of a creator’s company, project, intellectual property, revenue, profits, or future business opportunities.
Do not support a campaign or purchase a FanSpark-related item with the expectation of financial return, resale profit, investment gain, ownership rights, or guaranteed future value.
Creators may use FanSpark to create profile pages, launch pages, campaigns, updates, fan polls, product drops, support campaigns, collectible releases, and related experiences.
Creators are responsible for their own content, campaign descriptions, promises, timelines, reward obligations, product fulfillment, intellectual property rights, tax obligations, disclosures, and compliance with applicable laws.
FanSpark may review, approve, reject, remove, restrict, or modify access to creator pages, campaigns, launches, or content at any time. Approval to use FanSpark does not mean FanSpark endorses a creator, campaign, project, product, or claim.
Creators must not misrepresent their identity, ownership rights, project status, qualifications, affiliations, funding needs, campaign progress, product availability, delivery timelines, or the purpose of funds raised.
FanSpark may allow fans to support creators, make payments, purchase products, join waitlists, claim perks, receive digital items, participate in campaigns, or access creator experiences.
Unless expressly stated otherwise:
FanSpark may provide tools to help creators communicate with supporters, manage campaigns, and fulfill perks, but creators remain responsible for their obligations to fans.
Payments on FanSpark may be processed by third-party payment processors. By making or receiving a payment, you agree to comply with the applicable payment processor’s terms.
FanSpark may charge platform fees, processing fees, service fees, subscription fees, transaction fees, payout fees, or other fees. FanSpark will make applicable fees available through the platform or related terms.
Creators are responsible for any taxes, reporting obligations, duties, assessments, or other amounts associated with creator earnings, sales, perks, products, or campaigns.
Fans are responsible for any taxes, shipping charges, customs fees, duties, or other amounts associated with purchases, rewards, products, or perks unless FanSpark or the creator states otherwise.
Refund eligibility is governed by FanSpark’s Refund Policy, the applicable campaign terms, the creator’s posted terms, and any required law. FanSpark may decline refund requests that do not meet the applicable refund rules.
FanSpark may offer digital collectibles, badges, inventory items, claimable rewards, or optional blockchain-related features.
Unless expressly stated otherwise, digital collectibles are for access, fandom, identity, participation, display, or entertainment purposes only. They are not investments, securities, financial products, or guarantees of future value.
Ownership of a digital collectible does not automatically grant ownership of the underlying artwork, characters, story worlds, brands, trademarks, copyrights, commercial rights, or creator intellectual property associated with that collectible.
FanSpark may provide custodial, semi-custodial, or non-custodial wallet features, or may connect to third-party wallet providers. You are responsible for understanding the risks of wallets, blockchain transactions, private keys, marketplace transfers, and third-party services.
Blockchain transactions may be irreversible. FanSpark is not responsible for losses caused by user error, wallet compromise, third-party marketplace activity, blockchain network issues, smart contract vulnerabilities, or unsupported transfers, except where required by law.
Additional rules may apply under the Digital Collectibles Terms.
FanSpark may support projects, launches, campaigns, collectibles, products, or fan experiences inspired by public domain works.
Public domain status may vary by country, edition, translation, adaptation, illustration, character interpretation, trademark use, or other legal factors. FanSpark does not guarantee that any work, character, title, artwork, adaptation, or related material is free for unrestricted use in every jurisdiction.
Creators are responsible for confirming that they have the necessary rights to use, adapt, remix, commercialize, or expand any public domain or third-party material they bring to FanSpark.
FanSpark may remove or restrict content involving public domain works if we believe the content creates legal, brand, safety, or platform risk.
FanSpark may allow you to post, upload, submit, display, transmit, or otherwise provide content, including text, artwork, images, videos, audio, comments, campaign materials, updates, fan ideas, votes, feedback, usernames, profile information, collectibles metadata, and other materials.
You retain ownership of content you submit, subject to the rights granted in these Terms. By submitting content to FanSpark, you grant FanSpark a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, display, perform, distribute, modify, adapt, create derivative works from, promote, and otherwise use your content for purposes of operating, improving, marketing, and providing FanSpark.
You represent and warrant that:
FanSpark may remove, restrict, moderate, label, or refuse to display content at any time.
FanSpark may allow fans to submit ideas, suggestions, votes, concepts, comments, story input, character ideas, worldbuilding ideas, feature requests, feedback, or other creative contributions.
Unless FanSpark or a creator expressly agrees otherwise in a separate written agreement, fan submissions are voluntary, non-confidential, and may be used without compensation, credit, approval, or obligation.
By submitting feedback or ideas, you grant FanSpark and applicable creators the right to use, develop, adapt, publish, commercialize, or ignore those submissions without restriction, unless a separate written agreement states otherwise.
Do not submit ideas or materials that you do not want FanSpark, creators, or other users to use.
FanSpark and its licensors own all rights, title, and interest in FanSpark’s platform, software, design, branding, logos, trademarks, service marks, trade names, graphics, interfaces, features, and proprietary technology.
You may not copy, modify, reverse engineer, scrape, sell, license, exploit, or misuse FanSpark’s platform, software, branding, or proprietary materials except as expressly allowed by FanSpark.
Creators retain ownership of their creator content, original intellectual property, and campaign materials, subject to the licenses granted to FanSpark and users through the platform.
Fans and users may receive limited access to creator content solely as enabled through FanSpark. No rights are granted except those expressly provided.
You agree not to use FanSpark to:
Additional rules may apply under FanSpark’s Campaign & Content Guidelines.
Creators must be honest and transparent when communicating with fans. Creators must clearly disclose material information, including sponsorships, paid promotions, gifted products, affiliate relationships, use of funds, campaign risks, product limitations, expected timelines, and any material changes to a campaign.
Creators must not create false urgency, fake scarcity, fake endorsements, misleading campaign progress, artificial engagement, or deceptive claims.
Creators are responsible for complying with advertising, consumer protection, intellectual property, privacy, tax, and fundraising laws that apply to their activities.
FanSpark may integrate with or link to third-party services, including payment processors, wallet providers, analytics providers, hosting providers, fulfillment providers, shipping carriers, social platforms, marketplaces, AI tools, and other services.
FanSpark does not control third-party services and is not responsible for their content, actions, terms, privacy practices, availability, failures, or security incidents.
Your use of third-party services may be governed by separate terms and policies from those third parties.
FanSpark may provide or integrate AI-assisted tools to help users or creators draft content, generate ideas, organize campaigns, create assets, summarize activity, or improve platform workflows.
AI-generated output may be inaccurate, incomplete, offensive, infringing, or unsuitable for your intended use. You are responsible for reviewing, editing, verifying, and legally clearing any AI-assisted output before using it.
FanSpark does not guarantee that AI-assisted output will be original, protectable, non-infringing, commercially usable, or appropriate for any specific purpose.
FanSpark respects intellectual property rights and expects users to do the same.
If you believe content on FanSpark infringes your copyright, trademark, publicity rights, or other rights, you may submit a complaint according to FanSpark’s DMCA/IP Policy.
FanSpark may remove or restrict content, suspend accounts, terminate repeat infringers, and take other appropriate action in response to valid IP complaints or platform risk.
FanSpark may modify, suspend, discontinue, limit, or remove any part of the platform at any time, including features, campaigns, creator tools, support options, collectibles, inventory items, points, rankings, rewards, or integrations.
FanSpark does not guarantee that the platform will be uninterrupted, error-free, secure, or available at all times.
FanSpark may conduct maintenance, updates, migrations, experiments, feature tests, or changes that affect access, availability, or functionality.
FanSpark may offer beta, test, early access, experimental, or preview features. These features may be incomplete, unstable, changed, restricted, or removed at any time.
You use beta and experimental features at your own risk. FanSpark does not guarantee that beta features will become permanent or that data, settings, collectibles, rewards, or activity associated with beta features will be preserved.
You may stop using FanSpark at any time. FanSpark may suspend, restrict, or terminate your access to the platform at any time if we believe you violated these Terms, created risk, harmed others, or used FanSpark improperly.
After termination, certain provisions will continue to apply, including provisions relating to intellectual property, licenses, payments, refunds, disclaimers, limitation of liability, indemnity, dispute resolution, and any obligations that by their nature should survive termination.
FanSpark may retain certain information as required or permitted by law, as described in the Privacy Policy.
FanSpark is provided on an “as is” and “as available” basis.
To the fullest extent permitted by law, FanSpark disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, availability, accuracy, reliability, security, and uninterrupted operation.
FanSpark does not guarantee:
To the fullest extent permitted by law, FanSpark and its owners, officers, directors, employees, contractors, affiliates, service providers, and licensors will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, loss of goodwill, business interruption, or platform unavailability.
To the fullest extent permitted by law, FanSpark’s total liability for any claim arising out of or relating to these Terms or the platform will not exceed the greater of:
Some jurisdictions do not allow certain limitations of liability, so some limitations may not apply to you.
You agree to defend, indemnify, and hold harmless FanSpark and its owners, officers, directors, employees, contractors, affiliates, service providers, and licensors from and against any claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:
FanSpark reserves the right to control the defense of any matter subject to indemnification, and you agree to cooperate with FanSpark’s defense.
Please contact FanSpark first if you have a concern. Many issues can be resolved quickly through direct communication.
Before filing a formal claim, you agree to try to resolve the dispute informally by contacting FanSpark at [Insert Support Email]. FanSpark will also try to resolve disputes informally when practical.
Optional Legal Review Placeholder: FanSpark should decide, with counsel, whether to include binding arbitration, a class action waiver, small claims procedures, jury trial waiver, venue provisions, or consumer-specific exceptions. These provisions vary by jurisdiction and should be drafted carefully.
These Terms are governed by the laws of [Insert State/Country], without regard to conflict of law principles.
Subject to the Dispute Resolution section, you agree that courts located in [Insert County/State/Country] will have exclusive jurisdiction over disputes arising out of or relating to these Terms or FanSpark, unless applicable law requires otherwise.
FanSpark may be accessed from different countries. You are responsible for complying with the laws that apply to you based on where you live, access FanSpark, launch campaigns, receive payouts, purchase items, or provide content.
FanSpark may restrict access to certain features, payments, campaigns, collectibles, or services in certain jurisdictions.
FanSpark may update these 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 FanSpark after updated Terms become effective means you accept the updated Terms.
If you do not agree to updated Terms, you must stop using FanSpark.
For questions about these Terms, contact FanSpark at:
FanSparkSuper Nifty Megacorp LLC[Insert Mailing Address]support@fanspark.melegal@fanspark.meapp.fanspark.me