Last Updated: September 16, 2025
By accessing this website (the “Site”) and using any of the services we provide (collectively, the “Services”), you are agreeing to these legally binding terms (“Terms” or “Terms of Use”). “FanSpark,” “we,” or “us” refers to Super Nifty Megacorp, LLC., including any of its affiliated entities, partners, employees, officers, directors, contractors, or agents. These Terms incorporate by reference our Privacy Policy, Cookie Policy, Community Guidelines, and any additional rules related to launching or managing campaigns on our platform.
1. welcome to fanspark!
Thanks for joining us. This page outlines our Terms of Use. By using FanSpark, you agree to all of the guidelines described here.
Our Services may include, but are not limited to, crowdfunding tools and related features that enable creators to launch, manage, and fulfill campaigns as well as an ecommerce marketplace to sell digital and physical goods. These Terms apply to your use of any such services now or in the future.
We may revise these Terms from time to time to reflect changes in our offerings, our business practices, or applicable laws. We encourage you to check back periodically for updates. Continued use of FanSpark after any modifications indicates your acceptance of the updated Terms. For your convenience, translations of these Terms may be available, but the English version is the authoritative version in case of any discrepancies.
FanSpark is intended for personal, non-commercial use — except where otherwise described in Sections 5 and 6 below.
2. fanspark's role
FanSpark provides creators (“Creators”) with technology, tools, and managed services to support crowdfunding campaigns, including but not limited to campaign design, marketing, community engagement, tokenization, and fulfillment of rewards (“Services”). While FanSpark may assist in the execution of these Services, the underlying campaign, project concept, content, and intellectual property remain the sole responsibility of the Creator.
In addition to our managed services, FanSpark also offers a marketplace where creators can sell their digital and physical products directly to fans. This includes post-campaign storefronts, limited-edition drops, and digital goods such as digital collectibles (NFTs) or downloadable content. These ecommerce elements are subject to the same terms and responsibilities outlined in this document.
2.1 Creator Responsibility
Creators are solely responsible for:
- The accuracy and legality of their campaign content, project descriptions, promises, and deliverables.
- Ownership or proper licensing of all intellectual property used in connection with their campaigns.
- Compliance with all applicable laws and regulations.
FanSpark’s involvement in managing or facilitating campaign operations does not transfer these responsibilities from the Creator to FanSpark.
2.2 No Liability for Creator Content or Campaign Outcomes
FanSpark does not control, endorse, or guarantee Creator-generated content, project outcomes, or delivery of specific creative visions. While FanSpark may provide support and fulfillment services, FanSpark is not liable for:
- Misrepresentations or unfulfilled promises made by Creators.
- Infringement of third-party intellectual property by a Creator.
- Any disputes between Creators and Backers.
Pursuant to Section 230 of the Communications Decency Act (U.S.) and the Digital Services Act (EU), FanSpark shall not be treated as the publisher or speaker of content provided by Creators or Backers.
2.3 Limited Review & Moderation Rights
FanSpark reserves the right, but has no obligation, to review, monitor, or remove campaigns or content for violations of this Agreement, applicable law, or community guidelines. Exercising such rights does not create an ongoing duty to monitor all content and does not waive FanSpark’s safe harbor protections.
2.4 Disclaimers
(a) FanSpark provides Services “as is” and makes no warranties as to the outcome, financial success, or popularity of any campaign.
(b) Backers acknowledge that crowdfunding and tokenized projects involve risk, and that FanSpark does not guarantee delivery of creative works, future utility of tokens, or appreciation in value.
3. creating a fanspark account
You must be at least 18 years old to create an account on FanSpark. You’re responsible for your account and for any activity that takes place through it.
You can browse the FanSpark site freely without registering. However, if you want to purchase products on our site, you’ll need to create a shop account by selecting a username and password. If you want to back a crowdfunding campaign, you’ll also need to create or connect a digital wallet.
When registering, all the information you provide must be accurate and truthful. Don’t impersonate others, use offensive or misleading names, or violate anyone’s rights. Violating these terms may result in the suspension or removal of your account.
You’re also responsible for keeping your account credentials secure. If you believe your account has been accessed without your permission, please contact FanSpark Support right away.
4. things you shouldn't absolutely do
This section covers behavior that isn’t allowed on FanSpark. It may seem like common sense—don’t lie, break the law, harass people, or mess with our systems—but it’s important to be clear. We’re committed to maintaining a safe, trustworthy community, and we expect everyone using FanSpark, whether as a backer, creator, collaborator, or visitor, to help us uphold that standard.
Violating any of the rules below could result in your account being suspended or permanently removed.
4.1 Don’t break the law: Avoid any action that violates legal rights, laws, regulations, or any obligations or contracts you’ve entered into with others.
4.2 Don’t deceive or defraud: Don’t knowingly post false, misleading, or inaccurate content. Misrepresentation and fraud are strictly prohibited.
4.3 Don’t offer restricted or illegal items: You may not offer rewards that are illegal, violate FanSpark’s rules, or break any applicable laws or regulations.
4.4 Don’t harass, threaten, or abuse others: Any form of abusive, threatening, defamatory, profane, or invasive behavior toward others is not tolerated.
4.5 Don’t spam or promote irresponsibly: Do not send unsolicited messages, spam, chain letters, or use unauthorized promotional tools. That includes running bulk email lists, bots, or auto-responders on or through the platform, including project comments.
4.6 Don’t spread harmful content: Never upload or share viruses, malicious code, or anything intended to harm or disrupt other people’s devices or the Site’s functionality.
4.7 Don’t misuse user data: If you receive information about other users — such as names, email addresses, or mailing addresses — for campaign fulfillment or communication, you may only use it for that specific purpose. You’re responsible for ensuring that any collaborators with access to this data also follow these rules and respect the privacy conditions laid out in our Privacy Policy.
4.8 Don’t tamper with the platform: To keep FanSpark safe and reliable for everyone, do not:
- Interfere with the proper functioning of our services or systems.
- Bypass or disable security features.
- Attempt unauthorized access to data, accounts, passwords, or systems (ours or anyone else’s).
- Overload our infrastructure with excessive requests or automated tools. We’ll determine what’s excessive.
- Use bots, scrapers, or other automated systems to collect data or crawl the site.
- Reverse engineer any part of FanSpark, including our source code, algorithms, or design features.
We’re serious about protecting the integrity of our platform and the safety of our community. Help us keep FanSpark a place where great ideas can thrive.
5. how crowdfunding works on fanspark
While most of these Terms outline your relationship with FanSpark, this section focuses on the relationship between creators and backers. When someone launches or supports a project on FanSpark, they’re entering into a direct agreement with one another, not with FanSpark. Here’s what that agreement involves and what each party is responsible for.
FanSpark is a launchpad for creative ideas that haven’t yet come to life. When a creator posts a project campaign, they’re inviting others to join in by pledging support, essentially forming a contract. When someone backs a project, they accept that invitation and enter into an agreement with the creator.
FanSpark is not a party to this agreement. It exists solely to facilitate the connection between creators and their backers. If any additional terms are set by a creator, those terms apply to the extent they don’t conflict with these Terms of Use. If there’s a conflict, these Terms take precedence.
Here are the key points governing this relationship:
5.1 Commitment to Effort and Transparency: Creators are expected to make a genuine, good-faith effort to complete their project and communicate openly with their backers. Backers understand that they’re supporting the creation of something new, not placing an order for a finished product. Every project is unique. Delays, changes, and even failures can happen. There are no guarantees.
5.2 Pledges and Rewards: Backers aren’t automatically entitled to a reward just because a campaign meets its funding goal. When a project is funded, creators move into a development and production phase. A backer’s pledge is considered a conditional voucher, redeemable only if:
(a) the project is successfully completed, and
(b) the backer provides all required information (like shipping details, tax payments, etc.) in a timely and accurate manner.
If both conditions are met, the voucher can be applied toward the originally pledged reward, a substitute of equal value, or a more valuable reward (if the backer agrees to any additional payment).
5.3 If the Project Cannot Be Completed: If a creator finds they can’t finish the project or fulfill the rewards, they must make every reasonable effort to resolve the situation. A creator meets their obligations to backers if they:
- Provide an honest and thorough update explaining what’s been done, how funds were used, and why the project cannot proceed as planned;
- Work in good faith to bring the project to the best possible outcome under the circumstances;
- Can demonstrate that all funds were spent responsibly and efforts were made to deliver on promises;
- Communicate truthfully without misrepresentation; and
- Offer to return any unused funds to backers who did not receive a reward, or explain how those funds will be used to deliver an alternative outcome.
5.4 Responsibility for Fulfillment: Depending on the fulfillment option selected, the creator is mostly responsible for completing their project and fulfilling rewards. If they fail to do so, they may face legal consequences from backers. While FanSpark does not guarantee outcomes or automatically assume responsibility for fulfillment, we reserve the right to take appropriate action regarding campaign funds or platform access in the event of a dispute.
6. understanding funding ON fanspark
This section explains how project funding works on FanSpark, whether you’re backing a campaign or running one. It covers how payments are collected, when pledges can be changed or canceled, and how creators and backers connect to fulfill rewards.
6.1 For Backers
6.1.1 Pledging During a Live Campaign: When you click Pledge on a live Campaign, you choose an amount (and, if offered, a reward tier) and authorize FanSpark to process the payment. This single action records your support, forms a direct agreement between you and the Creator for the selected reward, and displays the pledge in your account history.
6.1.2 You’re charged immediately when you make a pledge: When you back a campaign, your payment method is charged right away, not at the end of the campaign. This helps ensure creators have access to more predictable funding and allows us to better manage fulfillment and escrow services.
6.1.3 You can change or cancel your pledge before the campaign ends: If you need to adjust your pledge, you can do so at any time during the campaign by contacting FanSpark Support or the creator directly. Changes may include increasing, decreasing, or canceling your pledge. After the campaign ends, changes and refunds are at the sole discretion of the creator.
6.1.4 After the campaign ends, pledges are final: Once a campaign is successfully funded, FanSpark does not process any further changes or cancellations. You’ll need to work directly with the creator if you have any issues or need to request a refund.
6.1.5 Making a Late Pledge: After a campaign ends, some creators allow Late Pledges before reward fulfillment begins.
6.1.6 Late pledges are charged immediately: Your card will be charged at the time you pledge.
6.1.7 No late pledge changes or cancellations through FanSpark: FanSpark does not allow modifications or cancellations of late pledges. You may contact the creator directly to request a refund.
6.2 General Terms for All Pledges (Live or Late)
6.2.1 Delivery dates are estimates: Any timeline listed for a reward is a good-faith estimate by the creator. Projects may be delayed. FanSpark encourages creators to communicate transparently and frequently about progress and changes.
6.2.2 Creators may request information from backers: To fulfill your reward, we or a creator may need details like your shipping address or sizing info. This typically happens post-funding. Backers must provide accurate information in a reasonable time.
Creators must not request unnecessary personal or sensitive data, such as Social Security numbers or payment credentials. If you receive a suspicious request, contact FanSpark Support immediately.
6.2.3 Refunds and Responsibility: FanSpark may provide refunds in cases where the Creator has elected a service tier under which refunds are expressly offered. In such cases, campaign funds are held in escrow by FanSpark until released in accordance with the applicable service terms. Where a Creator has selected a service tier that includes reward fulfillment by FanSpark, FanSpark shall be responsible for fulfilling such rewards in accordance with the applicable service terms. Except as expressly provided herein, Creators remain solely responsible for fulfilling rewards and honoring pledges. FanSpark does not guarantee the success, quality, or performance of any campaign and shall not be liable for any failure by a Creator to fulfill obligations.
6.3 For Creators: Running a Campaign
6.3.1 You may offer refunds if you choose: Once your campaign is funded, you have the option to refund any individual backer. Refunding the full pledge nullifies your agreement with that backer.
6.3.2 Platform and Processing Fees: Platform fees and payment processing fees are deducted from the escrow account shortly after the conclusion of a campaign and prior to the disbursement of any remaining funds. The balance, after such deductions, will then be released in accordance with the applicable service terms.
6.3.3 Not all pledges may be collected: In cases where a payment fails and the backer does not update their information, that portion of the pledged total will not be included in your payout.
6.3.4 We assist with payment disputes: If a backer files a chargeback, we’ll attempt to resolve it with the payment provider. You may be asked for documentation to support your case. If the chargeback is upheld, the refunded amount will be deducted from your balance or charged to your card on file.
6.3.5 Expect some delays: Campaign approval and fund disbursement may take time. You should not rely on funds being immediately accessible after your campaign ends. Wait until the money is securely in your account before committing to major expenses.
6.3.6 Late Pledges Feature: Creators can enable Late Pledges to continue accepting support after a live campaign ends—but only until you begin reward fulfillment. You must enable this feature before or during the campaign. It can’t be turned on afterward.
- You may not offer any late pledge reward tier at a lower price than it was during the live campaign.
- Late pledges must stop as soon as you begin fulfillment. It’s your responsibility to disable this feature in your project dashboard.
- We’ll send you reminders (e.g., via email or when you pull your backer report), but you’re ultimately accountable for managing the timing.
- Late pledge payouts may be distributed in scheduled batches, subject to processing times or minimum payout thresholds.
- The same platform and payment fees apply as with regular pledges.
7. what fanspark doesn't do or cover
FanSpark is a platform that connects creators with backers, but we don’t guarantee project outcomes or automatically manage delivery. We enable campaigns and offer tools for funding and fulfillment, but each project is ultimately the creator’s responsibility.
7.1 Shipping and Fulfillment: Rewards are either shipped by the creator directly or by FanSpark’s fulfillment team, depending on the campaign. Each campaign page will indicate who is responsible for fulfillment.
- If FanSpark handles fulfillment, we will assist with shipping updates, tracking, and replacements for lost or damaged items.
- If the creator is fulfilling, they are solely responsible for resolving any shipping issues, including lost, delayed, or damaged items.
7.2 Refunds and Backer Protection: Backing a project is not the same as buying a product. However:
- If a campaign is canceled or the creator fails to deliver, refunds may be issued on a case-by-case basis.
- If the campaign offers Backer Protection, this optional feature may provide additional support or reimbursement in eligible situations.
7.3 Funds and Payouts: Funds pledged by backers are held in escrow and not immediately released to creators.
Disbursements occur either at pre-approved project milestones (e.g., manufacturing deposit, sample production, mass production) or via creator request, subject to documentation and approval.
Platform fees and any applicable processing or fulfillment costs are deducted prior to payout.
Creators may request funds at any time, but approval requires proof that the funds are being used for legitimate project-related expenses.
7.4 Reward Fulfillment Options
Creators may choose between:
Self-Fulfillment
You manage your own reward shipping, packaging, and customer service. This gives you full control over the unboxing experience and logistics.
Platform Fulfillment
FanSpark can manage fulfillment on your behalf. We handle shipping data collection, packaging coordination, and dispatch through our fulfillment partners—ideal for creators seeking a hands-off solution.
8. fees and payment processing
FanSpark charges a platform fee (e.g., 5%-25%) on funds raised through successfully funded campaigns and on any late pledges. Additional processing fees are charged by our third-party payment providers.
Creating a FanSpark account is completely free. However, if you launch a campaign and it reaches its funding goal, a platform fee will be applied to the total amount raised. Our payment partners will also deduct a standard processing fee from each collected pledge. The same fees apply to late pledges.
Payment processor fees may vary depending on your location or currency. If we update our fee structure, we’ll clearly communicate those changes on our site.
Pledges are processed by third-party providers. Currently, FanSpark uses Crossmint for payment processing, though this may change. Payment processors are independent companies, and FanSpark is not responsible for their operations, actions, or service quality.
It is your responsibility to pay any taxes, duties, or government-imposed fees related to your use of FanSpark. For example, if you’re a creator, you are solely responsible for collecting, reporting, and remitting any applicable sales, VAT, or income taxes related to the funds you receive from your project.
9. link to other sites
FanSpark may contain links to external websites, but once you leave our platform, your interactions are no longer covered by our Terms.
For example, creators, backers, or community members may share links in project descriptions, profiles, or comments. If you choose to visit those third-party sites, you do so at your own risk. FanSpark doesn’t control, monitor, or endorse the content, policies, or practices of any third-party website.
We also work with external service providers, such as Crossmint, for payment processing. By backing or launching a project on FanSpark, you also agree to comply with the terms and conditions of those third-party providers.
10. your intellectual property rights
You retain ownership of the content you share on FanSpark, but by posting it, you give us permission to use it to help promote your project and our community.
FanSpark doesn’t claim ownership of the content you submit or publish on your project campaign page (your “Content”). However, in order to operate the platform and support your campaign, you grant us specific rights to use that content in ways necessary to provide our services.
10.1 What You’re Agreeing To When You Submit Content: By submitting a project for review, publishing content on FanSpark, or sharing materials with us by any means (including email or messaging), you agree to the following:
We can use and share your content
You grant FanSpark and those working on our behalf a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable, and sublicensable license to use, display, copy, distribute, modify, adapt, translate, create derivative works from, and otherwise exploit your Content, including any copyrights, trademarks, publicity rights, and database rights associated with it.
Why we use your content
We may feature your project in marketing materials, newsletters, platform badges (like “Featured Project”), curated homepage sections, social media, or advertising. Featured placement decisions are based on multiple factors, including project quality, originality, completeness, community engagement, and audience interest. FanSpark uses editorial judgment and algorithms to surface trending or relevant projects, including those backed by your network or aligned with your activity on the site.
We may make edits or translations
You give us permission to create edited, translated, excerpted, or reformatted versions of your Content. This helps us present your project more effectively across different formats and platforms.
Only submit content you have the rights to share
Don’t submit anything that includes copyrighted or proprietary material unless you have explicit permission to do so, and the legal right to grant FanSpark the same usage rights described here.
You’re responsible for any royalties
If your Content involves materials that require licensing fees or royalties to third parties, you are solely responsible for paying them.
You guarantee your content won’t violate others’ rights
By sharing your Content on FanSpark, you represent and warrant that its use—by FanSpark or by our users—won’t infringe any third-party rights, including copyrights, trademarks, privacy, publicity, or contract rights.
You’re responsible for what you post
Whether it’s public or private, all information and content you submit to FanSpark is your responsibility. We don’t review or vet all content, and we’re not liable for errors, omissions, or any consequences resulting from what you post.
11. fanspark's intellectual property
Content and materials available on FanSpark are protected by various intellectual property laws. You may use them only for personal, non-commercial purposes unless you obtain explicit permission from us.
FanSpark’s platform, services, and all associated content are protected by copyrights, trademarks, service marks, patents, trade secrets, and other applicable legal rights. You agree to respect all such notices, restrictions, and ownership rights when accessing or using any content on FanSpark. You also agree not to modify, translate, create derivative works, or otherwise alter our services without prior authorization.
FanSpark grants you a limited, non-exclusive, worldwide, non-transferable, non-sublicensable, and revocable license to reproduce content from the platform solely for your personal, non-commercial use. This license covers both FanSpark’s own proprietary content as well as user-generated content displayed on the site.
If you wish to use any content from FanSpark for commercial purposes—including but not limited to sale, licensing, rental, or any other form of commercial exploitation—you must obtain prior written consent from FanSpark or the relevant rights holder.
“Commercial purposes” refers to any use intended for commercial advantage or monetary gain.
12. our approach to copyright infringement
FanSpark follows the provisions of the Digital Millennium Copyright Act (DMCA). For detailed information on how we manage copyright claims, please refer to our Copyright Policy.
In accordance with the DMCA, FanSpark responds to valid notices of alleged copyright infringement that meet legal requirements and our policy standards. We reserve the right to remove or disable access to content claimed to infringe copyrights and to terminate the accounts of users who repeatedly violate copyright laws. These actions are taken at our sole discretion when deemed appropriate.
If you believe your copyright has been infringed on FanSpark, please visit our Copyright Policy page for instructions on how to submit a takedown notice or counter-notice, as well as contact details for our designated copyright agent.
13. deleting your fanspark account
You may delete your FanSpark shop account and digital wallet account at any time through your account settings. However, deleting your accounts does not automatically remove all associated content or blockchain-based data.
If you have launched or backed a project, your account deletion does not erase your obligations or the visibility of related campaigns, content, or transaction records. Projects you’ve created or backed may remain publicly accessible to ensure transparency and honor commitments made to backers.
FanSpark uses blockchain technology for some features, such as digital wallets and NFTs. Because blockchain records are immutable, transactions and wallet activity associated with your account cannot be removed from the blockchain, even after you delete your FanSpark digital wallet account.
As permitted by law, FanSpark may retain certain information for legitimate business or legal purposes, including compliance, fraud prevention, and financial reporting. These Terms continue to apply to any past use of the platform.
If you believe you have special circumstances warranting additional deletion or removal of content, please contact FanSpark Support for assistance.
For further details on how your data is handled, please refer to our Privacy Policy.
14. our rights
To keep FanSpark running smoothly and securely, we must maintain control over how the platform is used. We reserve the right to take any actions we believe are necessary or appropriate to protect the integrity and safety of our services. We don’t take these rights lightly and will exercise them only when needed.
To ensure a safe, secure, and fair environment for creators and backers, FanSpark reserves the following rights:
- We may modify, update, or change the FanSpark website and services at any time without prior notice or liability.
- We have the authority to determine who is eligible to use FanSpark. In certain cases, we may restrict, limit, suspend, or terminate accounts for significant or repeated violations of our Terms, Community Guidelines, or project rules.
- We may update our eligibility requirements at any time. If our services are restricted or prohibited by law in your jurisdiction, you may not use FanSpark.
- We may cancel any pledge to any project at any time, for any reason.
- We may reject, remove, interrupt, suspend, or cancel any project at any time, for any reason.
- We may withhold funds as necessary to comply with applicable laws, regulations, or legal processes.
- We reserve the right to force refunds of collected funds before payout if we believe it is necessary or appropriate to resolve disputes involving creators and third parties related to use of FanSpark.
- We may verify your identity and investigate your account details at any time. You agree to cooperate promptly with any such requests, including providing information or participating in live verification sessions, to help protect the platform’s integrity and prevent fraud or misconduct. Failure to cooperate may result in cancellation of your project or account, suspension of fund payouts, forced refunds, or other actions we deem appropriate.
FanSpark is not liable for any damages resulting from these actions.
Generally, we do not publicly disclose the reasons behind these actions. However, when we take action against an account, we will inform the account holder of the reasons and whether any remedies are available, unless restricted by law or safety concerns. In cases involving illicit or harmful content, counterfeiting, fraud, malware, spam, cybersecurity threats, or safety issues, we may cancel accounts without prior notice.
15. warranty disclaimer
We strive to provide reliable and high-quality services, but we cannot guarantee that FanSpark or its features will always operate flawlessly. The platform and services are offered to you “as is” and “as available,” without any warranties of any kind, either express or implied.
Your use of FanSpark is entirely at your own risk. FanSpark expressly disclaims all warranties and conditions, including but not limited to warranties of merchantability, non-infringement, and fitness for a particular purpose. Any warranties implied by usage, trade, course of dealing, or course of performance are also disclaimed.
No advice, information, or communications you receive from FanSpark, whether oral or written, will create any warranty.
16. imdenmification
If your actions on FanSpark cause us to become involved in a dispute, threatened legal action, or a lawsuit, you agree to defend and protect FanSpark.
Specifically, if you violate these Terms or engage in any conduct that results in FanSpark facing claims, liabilities, losses, or expenses, including reasonable attorneys’ fees and other legal costs, you agree to indemnify, defend, and hold FanSpark harmless from all such liabilities and expenses related to your use or misuse of the platform and services.
FanSpark reserves the right to take over the exclusive defense and control of any claim subject to this indemnification. In such cases, you agree to cooperate fully and assist us in asserting any defenses.
By agreeing to these Terms, you also consent to the service of process for any legal action brought against FanSpark related to your use of the platform.
17. limitation of liability
To the fullest extent allowed by law, FanSpark, along with its directors, employees, partners, suppliers, and content providers, will not be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages arising from your use of, or inability to use, the platform or services. This includes, but is not limited to, damages related to lost profits, data loss, or costs for obtaining substitute goods or services, as well as any third-party content or conduct on FanSpark.
In any case, FanSpark’s total liability for direct damages will not exceed one hundred U.S. dollars ($100.00).
18. dispute resolution and governing law
FanSpark is based in California, and any disputes involving FanSpark must be resolved in California under California State law.
We encourage you to reach out to FanSpark Support if you encounter any issues before pursuing legal action. Our support team is available to help and can be reached through our Help Center, where you’ll find useful articles that may address your concerns. If those resources don’t resolve your problem, you can contact our support agents directly through the Help Center for personalized assistance.
If you are a creator based in the European Union and your issue remains unresolved after contacting support, we may agree to participate in mediation to resolve complaints in good faith. You may consider contacting mediation organizations such as:
- The Centre for Effective Dispute Resolution (CEDR)
- IPOS Mediation
If legal action becomes necessary, these Terms (along with any referenced policies and guidelines) are governed by and interpreted according to the laws of the State of California and the United States, without regard to conflict of laws principles and without applying the Uniform Computer Information Transactions Act or the United Nations Convention on Contracts for the International Sale of Goods.
You agree that FanSpark and its services constitute a passive website and do not establish jurisdiction over FanSpark or its affiliates, officers, employees, or agents in any jurisdiction other than California State.
If you choose to initiate any legal claim or proceeding related to these Terms or your use of FanSpark, you agree to do so exclusively in a state or federal court located in Los Angeles County, California. You consent to the personal jurisdiction of these courts and waive any objections to venue. Furthermore, you irrevocably waive your right to a jury trial in any such dispute.
19. miscellaneous
19.1 Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and FanSpark regarding the Services. They supersede any prior agreements or understandings between you and us.
19.2 Severability: If any provision of these Terms is deemed invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
19.3 No Waiver: Our failure to enforce any part of these Terms does not constitute a waiver of our right to enforce it later.
19.4 Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may freely assign or transfer these Terms without restriction.
19.5 Governing Law: These Terms and any related disputes will be governed by and construed in accordance with the laws of the State of California, without regard to conflict-of-law principles.
19.6 Contact Information: For any questions about these Terms or the Services, please contact us at:
- Email: support@fanspark.xyz
- Company: Super Nifty Megacorp, LLC
- Jurisdiction: Delaware LLC operating from California
By using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.