SPARK Nation Network and Productions LLC (hereinafter referred to as "we", "us", or "the Company") operates the official website [https://sparkpronet.com] (hereinafter referred to as "the Website") and provides relevant services (collectively referred to as "the Services") to you (hereinafter referred to as "the User" or "you"). These Terms of Service (hereinafter referred to as "the Terms") constitute a legally binding agreement between you and the Company concerning your access to and use of the Website and the Services. By accessing, browsing, or using the Website and the Services, you are deemed to have fully read, understood, and agreed to accept all contents of these Terms and the Company’s Privacy Policy, including any revisions we may make from time to time. If you do not agree to any part of these Terms, please immediately cease accessing, browsing, or using the Website and the Services.
1.Scope of Services and Eligibility for Use
1.1 Service Content
The Services provided by the Company to Users through the Website include, but are not limited to: content browsing, account registration, service subscription, interactive communication (such as comments and messages), event participation, customer consultation, and other related services (the specific service content shall be subject to what is actually provided on the Website). The Company reserves the right to adjust, add, or terminate part or all of the Services at any time according to business development needs, and such adjustments will be notified to Users through reasonable means such as announcements on the Website.
1.2 Eligibility for Use
You confirm and warrant that when accessing, browsing, or using the Website and the Services, you have reached the age of legal capacity for civil conduct (pursuant to applicable U.S. laws and the legal provisions of your jurisdiction, usually 18 years of age or older; if you are a minor aged 13-17, you must use the Services with the explicit consent of your parent or legal guardian). If you do not meet the above eligibility requirements, the Company reserves the right to refuse to provide you with the Services or terminate your account and usage rights at any time, and all consequences arising therefrom shall be borne by you or your guardian.
You agree that when using the Website and the Services, you will comply with applicable U.S. federal and state laws, regulations, rules, and relevant international treaties, as well as these Terms and other rules published on the Website. You shall not use the Services to engage in any illegal or irregular activities that harm the legitimate rights and interests of the Company, other Users, or third parties.
2.Account Registration and Management
2.1 Account Registration
2.2 Ownership and Usage Responsibility of the Account
The ownership of the account you register belongs to the Company. You only obtain a limited right to use the account, and such right is exclusively for your own exercise. You shall not transfer, lease, lend, gift, or share the account with others. You are responsible for the security of your account password, and shall properly keep your account and password to avoid disclosing them to any third party. If you discover any abnormal activities such as unauthorized use of your account or password leakage, you shall immediately notify the Company and take necessary measures such as changing your password. Any losses caused by your failure to properly keep your account and password shall be borne by you.
2.3 Modification and Cancellation of Account Information
You may update or modify your account information at any time through the relevant functional modules on the Website (except for the username; please contact customer service if you need to modify the username). If you wish to cancel your account, you may submit an application to the Company in accordance with the procedures specified on the Website or through the contact information provided in Section 15 of these Terms. After account cancellation, the Company will handle your relevant information in accordance with the provisions of the Privacy Policy, but the service fees already incurred, unfulfilled obligations, and potential legal liabilities shall not be affected by the account cancellation.
3.Service Usage Norms
3.1 Obligation of Legal Use
You agree to strictly comply with the following provisions when using the Website and the Services:
Shall not violate any applicable laws, regulations, rules, or public order and good customs;
Shall not infringe upon the intellectual property rights (including but not limited to copyright, trademark right, patent right, trade secret, etc.), portrait right, reputation right, privacy right, and other legitimate rights and interests of the Company or any third party;
Shall not upload, post, or disseminate any illegal or inappropriate content containing pornography, violence, terror, hatred, discrimination, false information, spam, malware, etc.;
Shall not interfere with or disrupt the normal operation of the Website, shall not access or invade the Company’s servers, databases, or other relevant systems without authorization, and shall not adopt any technical means that may affect the performance or security of the Website;
Shall not use the Services to engage in illegal activities such as fraud, pyramid schemes, money laundering, or abet or induce others to engage in illegal or irregular activities;
Shall not exceed the reasonable scope of use of the Services, excessively occupy the Company’s network bandwidth, server resources, etc., thereby affecting the normal use of other Users.
3.2 Prohibited Conduct
You explicitly agree not to engage in any of the following conduct:
Forging identity information or making misleading statements to impersonate others or the Company’s staff;
Copying, reprinting, disseminating, or commercially using any content of the Website (including but not limited to text, images, videos, audio, logos, marks, etc.) without the prior written permission of the Company;
Using links or services on the Website to jump to third-party platforms to engage in conduct that violates these Terms or relevant legal provisions;
Other improper conduct that the Company deems may harm the legitimate rights and interests of the Website, the Services, or relevant parties.
3.3 Handling of Violations
If the Company discovers or receives a complaint from a third party confirming that you have violated the provisions of these Terms, the Company reserves the right to take one or more of the following measures according to the severity of the violation:
Issue a warning and require you to rectify within a specified time limit;
Delete the illegal or inappropriate content you uploaded or posted;
Restrict or suspend part or all of your service usage rights;
Permanently ban your account;
Pursue your legal liability and require you to compensate for the losses caused to the Company;
Report to the relevant regulatory authorities.
4.Intellectual Property Rights
4.1 The Company’s Intellectual Property Rights
All content contained in the Website and the Services (including but not limited to text, images, videos, audio, software, programs, designs, interfaces, logos, marks, data, etc.) is owned by the Company or relevant right holders and protected by applicable U.S. laws such as the Copyright Act and the Trademark Act, as well as relevant international treaties. These Terms do not grant you any license or right to the above-mentioned intellectual property rights. You may only reasonably use the relevant content within the scope necessary for using the Services, and shall not use, copy, modify, disseminate, or commercially exploit the content in any form beyond the authorized scope.
4.2 User’s Intellectual Property Rights
The intellectual property rights of the content you upload or post on the Website (such as comments, messages, feedback, original works, etc.) belong to you or relevant right holders. However, you hereby grant the Company a global, non-exclusive, free of charge, transferable, and sublicensable license to use, copy, modify, display, disseminate, and otherwise exploit such content within the scope of providing, promoting, and optimizing the Services. You warrant that you have legal intellectual property rights or corresponding authorization for the content you upload or post, and that such content will not infringe upon the legitimate rights and interests of any third party. If any dispute arises or the Company suffers losses as a result, you shall bear full responsibility and compensate for the losses.
4.3 Infringement Complaints
If you believe that the content of the Website or the content uploaded by other Users infringes upon your intellectual property rights, please promptly submit a written complaint to the Company through the contact information provided in Section 15 of these Terms, and provide relevant supporting materials (including but not limited to proof of rights, screenshots of infringing content, contact information, etc.). After receiving the complaint, the Company will handle it in accordance with relevant legal provisions and the Company’s internal procedures, and may suspend the display or use of the relevant content if necessary.
5.Service Fees and Payment
5.1 Fee Explanation
Some services provided by the Website may be paid services (the specific paid items and standards shall be subject to what is publicly announced on the Website). For paid services, the Company will clearly inform you of the service content, fee standards, payment methods, and time limits before you use the services. You may make the payment only after confirming your agreement.
5.2 Payment Obligation
You shall pay the service fees in full and on time in accordance with the fee standards and payment methods publicly announced on the Website. If you fail to pay the fees on time, the Company reserves the right to suspend or terminate the provision of relevant paid services to you without assuming any liability for breach of contract. Any consequences such as service interruption or inability to use caused by your failure to pay the fees shall be borne by you.
5.3 Refund Policy
Unless otherwise specified by law or explicitly promised by the Company, the service fees you have paid are non-refundable. If the Services cannot be provided normally due to the Company’s reasons, the Company will provide you with reasonable solutions such as refunds or service extensions based on the actual situation.
6.Disclaimer
6.1 Disclaimer of Service Availability
The Company will make reasonable efforts to ensure the normal operation of the Website and the Services, but does not guarantee the uninterrupted nature, stability, or error-free operation of the Services. The Company shall not be liable for any temporary interruption, delay, or inability to use the Services caused by technical failures, network congestion, server maintenance, third-party service interruptions, force majeure (such as natural disasters, wars, policy adjustments, etc.), or other factors beyond the Company’s control. However, the Company will make every effort to restore the Services in a timely manner and notify Users.
6.2 Disclaimer of Content Accuracy
The content provided by the Website (including but not limited to information, data, recommended information, etc.) is for User reference only. The Company strives to ensure the accuracy and completeness of the content but does not make any express or implied warranties in this regard. Users shall verify the authenticity of the content themselves and use it cautiously according to their own circumstances. The Company shall not be liable for any losses caused by decisions or actions made by Users relying on the content of the Website.
6.3 Disclaimer of Third-Party Related Matters
The Website may contain links to third-party services, advertisements, or embedded content. The services, content, and conduct of such third parties are unrelated to the Company. The Company shall not be liable for the security, legality, accuracy, or effectiveness of third-party services, nor shall it be liable for the collection or use of User information by third parties. Any transactions, disputes, or controversies between Users and third parties shall be resolved by Users and third parties themselves, and the Company shall not be liable for any such matters.
6.4 Other Disclaimer Scenarios
The Company shall not be liable for any losses caused by the User’s own negligence (such as account password leakage, operational errors, provision of false information, etc.), the User’s violation of these Terms or relevant legal provisions. The Company shall not be liable for indirect losses, incidental losses, or special losses (such as loss of profits, data loss, etc.) that may arise from the Services, whether such losses are foreseeable or not.
7.Limitation of Liability
To the maximum extent permitted by law, the total liability of the Company for any losses arising from the Website or the Services shall not exceed the total fees paid by you to the Company for using the relevant Services (if the Services are free of charge, the total liability shall not exceed 100 U.S. dollars). The limitation of liability under these Terms shall not apply to losses caused by the Company’s intentional misconduct or gross negligence, nor to personal injury, significant property damage, or other situations where liability limitation is prohibited by law.
8.Modification, Suspension, and Termination of Services
8.1 Modification of Services
The Company reserves the right to adjust the content, functions, fee standards, etc., of the Services at any time according to business development, technological upgrades, changes in laws and regulations, etc. Such modifications will be notified to Users through reasonable means such as announcements on the Website. If you continue to use the Services, you are deemed to accept the modified Services; if you do not agree to the modifications, you may choose to stop using the Services. For paid services, you may apply for a refund in accordance with the provisions of these Terms (if applicable).
8.2 Suspension of Services
The Company reserves the right to suspend the provision of part or all of the Services to you in the following circumstances:
You violate the provisions of these Terms and fail to rectify within the specified time limit;
You fail to pay the relevant fees for paid services on time;
Your account has abnormal usage behavior that may endanger the security of the account or the Services;
The Company conducts necessary operations such as server maintenance or system upgrades.
The Company will notify you in a timely manner before or after suspending the Services (except in cases where immediate suspension is required due to emergencies) and will restore the Services as soon as possible after the relevant circumstances are resolved.
8.3 Termination of Services
8.3.1 Voluntary Termination
You may apply to terminate the use of the Services at any time through the procedures on the Website or by contacting customer service. After the termination of the Services, your account will be canceled (or restricted from use), and the relevant rights and obligations shall be handled in accordance with the provisions of these Terms.
8.3.2 Involuntary Termination
The Company reserves the right to terminate the provision of the Services to you at any time without assuming any liability for breach of contract in the following circumstances:
You violate the provisions of these Terms with serious consequences (such as serious illegal activities, infringement of third-party legitimate rights and interests that cannot be remedied, etc.);
Your account remains inactive for 12 consecutive months or longer (the Company will notify you in advance; if you do not resume activity within the notification period, the Services will be terminated);
The Company is required to terminate the Services by law, judicial authorities, or administrative regulatory authorities;
The Company ceases the operation of part or all of the Services.
After the termination of the Services, the provisions of these Terms that are of a continuing nature, such as those concerning intellectual property protection, disclaimers, limitation of liability, and dispute resolution, shall remain valid.
9.Protection of Personal Information
The Company attaches great importance to the protection of Users’ personal information. The collection, use, storage, sharing, and other processing of relevant information will be conducted in strict accordance with the provisions of the Company’s Privacy Policy. You agree that the Company may process your personal information in accordance with the Privacy Policy. If you have any questions about the protection of personal information, you may refer to the Privacy Policy or contact the Company’s customer service.
10.Governing Law and Dispute Resolution
10.1 Governing Law
These Terms shall be governed by the laws of the State of New York, United States (excluding its conflict of laws rules), and all disputes arising in connection with these Terms or the Services shall be resolved in accordance with such laws.
10.2 Dispute Resolution
Any dispute or controversy arising between you and the Company in connection with these Terms or the Services shall first be resolved through friendly negotiation. If the negotiation fails, either party shall have the right to file a lawsuit with the competent court of the State of New York, United States. During the dispute resolution process, the provisions of these Terms not involving the dispute shall continue to be performed.
11.Notices and Service of Process
Any notices, prompts, etc., sent by the Company to you may be delivered through announcements on the Website, the email address bound to your account, text messages, or other means. Notices sent by you to the Company through the contact information reserved on the Website shall be deemed delivered on the date of actual receipt by the Company. If you change your contact information, you shall promptly update it on the Website; otherwise, any consequences arising from the failure to deliver notices due to the change of contact information shall be borne by you.
12.Revision of the Terms
The Company reserves the right to revise these Terms from time to time according to business development, updates to laws and regulations, etc. The revised Terms will be published through a prominent location on the Website or notified to you through other reasonable means, and will take effect from the effective date specified in the announcement. If you do not agree to the revised Terms, you shall immediately stop using the Services; your continued use of the Services shall be deemed acceptance of the revised Terms. We recommend that you review these Terms regularly to stay informed of the latest content.
13.Entire Agreement
These Terms, together with the Company’s Privacy Policy, User Conduct Guidelines, and other rules published on the Website, constitute the entire agreement between you and the Company concerning your use of the Website and the Services, and supersede any prior oral or written agreements, understandings, or arrangements between the parties regarding the subject matter hereof. If there is any conflict between these Terms and other rules, these Terms shall prevail; if other rules have more detailed provisions on relevant matters, such provisions shall apply.
14.Severability
If any provision of these Terms is deemed invalid, illegal, or unenforceable by a competent court or arbitral institution, such provision shall be deemed deleted without affecting the validity of the other provisions, which shall remain in full force and effect.
15.Contact Us
If you have any questions, complaints, or suggestions regarding these Terms, or need to exercise your relevant rights, you may contact the Company through the following means:
- Company Name: SPARK Nation Network and Productions LLC
- Contact Email: [email protected]
