Legal Agreements

NOTE: EDITS NEED TO BE CHECKED. IMPORT ISSUES

Welcome to Earth Sparks – the fun way to breathe life into new ideas, shape technologies for the future, rediscover that old project gathering dust, the book you wanted to write, the film you wanted to make or the business you wanted to start.

Welcome to Earth Sparks! We are pleased you have joined us and we are excited to work with you to help push forward your ideas with the common goal of making our increasingly growing World ever more connected.

Every idea is worth exploring. We welcome and encourage you to use our Ecosystem to use your skills, experiences, resources, and connections to help Members develop and launch their ideas.We welcome and encourage you to use our Ecosystem and Platform to launch all of your wonderful ideas. Our Ecosystem is designed to promote and encourage the entrepreneur in each of us and facilitate the introduction and growth of any idea. But in order to ensure that every idea has the necessary space to grow on the Ecosystem and Platform, we have a few ground rules to go over.

You may use the Ecosystem for a variety of reasons, including launching a Project, making a Pledge to a Project, or even purchasing Earth Sparks products, or even being actively involved in the development of new ideas. The terms contained herein govern all uses of the Ecosystem and are designed with you and your ideas in mind. By using this Ecosystem and the Services, in addition to any Additional Policies applicable to any particular features, Content and functionality of the Services, offered by Earth Sparks, Members agree to be bound by these Terms.

Earth Sparks may amend the Terms at any time in its sole discretion by posting a revised version of the Terms. Unless stated otherwise, access to or continued use of the Services after the effective date of any revised Terms constitutes your acceptance of the revised Terms. If We make any material change to these Terms, We will notify Members by posting a notice on Our Ecosystem, through the Services, or by other means We deem appropriate.

What is Earth Sparks?

Earth Sparks, Inc. is an ideas ecosystem – a place that empowers prospective entrepreneurs with disruptive technologies, creatives with inspiring ideas, non-profits who help their communities and life-journey seekers with amazing stories to tell.

The Earth Sparks platform is a gamified, incentive-based marketplace with connections to prospective customers, access to industry gurus, interaction with peers, somewhere to make strategic partnerships, and find early adopters with incentive-based crowdfunding.

Earth Sparks is for both those people who already know what they want to create and those people who wish someone else would invent something to solve their problems. ESi will beEarth Sparks is a bubble of energy where people Members feed off each other’s energy and work together to create new ventures.

Obligations

We grant you a limited, non-exclusive, non-transferable, and revocable license to use Our Services—subject to the Terms and the following restrictions in particular:

It’s your account. To use our Services, you will need to register and create an account with your legal name, date of birth, username and password. You must provide us with accurate and complete information, and you must update your account information as needed to keep the information accurate and complete. You may not use your account to abuse, harass, offend, threaten, or intimidate any other user. You are solely responsible for maintaining the confidentiality of your account and for all activities associated with or occurring under your account. If you suspect or discover any unauthorized use of your account, you should notify Earth Sparks immediately by contacting us. We are not responsible for any loss or damage arising from your failure to comply with the foregoing requirements or as a result of use of your account with or without your knowledge. You can terminate your account at any time by clicking “Cancel Membership” on the Menu. We may need to retain certain information as required by law or as necessary for Our business purposes. These Terms, including our rights to User Content, survive termination of an account.

Age of consent. You need to be at least 13 years old, or old enough to form a binding contract where you live, to sign up for an account and use Our Services. Anyone under the age of 13 may use Our Services through an account owned by a parent or legal guardian where the parent has provided affirmative consent and under their direct supervision. Such Ecosystem pParents or legal guardian is are responsible for any and all account activity conducted on their account by a minor.

It’s the law. You may not take any action that infringes or violates other people’s rights, violates the law of any jurisdiction, or breaches any contract or legal duty you may have toward any party.

The truth matters. Do not post information you know is false, misleading, or inaccurate. Do not do anything deceptive or fraudulent.

Be respectful. We know every personmany people haves the ability to respect the rights of others. Use of this Ecosystem, including any messaging systems, does not change that. You may not threaten, abuse, harass, defame, or engage in behavior that is libelous, tortious, obscene, profane, or invasive of another’s privacy. Do not distribute any software viruses that can interfere and harm any other program or hardware. We know automation sometimes can be helpful, but Members shall not use on the Ecosystem any software application, including deep-link, page-scrape, robot, spider, or other automatic device, program, software, or methodology to access, acquire, copy, create or obtain any portion of the Ecosystem, including any attempts to obtain rewards on the Ecosystem. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Ecosystem or with any other person’s use of the Ecosystem.

- Who wants spam? In order to avoid spam and unsolicited communications, You you may not distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, spam, or chain letters. Do not run mail lists, listservs, or any kind of autoresponder or spam on or through the Ecosystem.

We are all in this together. Do not engage in activities that affect the functioning of the Ecosystem. You may not bypass any measures that We have put in place to secure Our Ecosystem or Services, take actions to gain unauthorized access to any system, data, passwords, or other Earth Sparks or User information or Services, reverse engineer or take apart any aspect of the Services to access any underlying information, or use any kind of software to “crawl” or “spider” any part of the Ecosystem.

Other Offerings and Products. Members may purchase additional goods, products and services Earth Sparks offers through its Ecosystem or marketplace. To order any product or service, you must be signed into your Earth Sparks account. By providing Earth Sparks an approved payment method, you represent and warrant that you are authorized to use the designated payment method, and you authorize our Payment Service Provider (“PSP”) to charge your payment method for the total amount of your order, including any applicable taxes and fees. If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order.

Member RewardsWildSparks Program. The Ecosystem has been gamified to enable you to access enhanced Member benefits. As As part of the Earth Sparks community, youMembers are may become eligible to receive Member Rewards WildSparks whenever you interact with or introduce new members into the Ecosystem.based on certain eligible event or transaction within the Ecosystem. Such mMembers must be registered with Earth Sparks for youto to be eligible for a rreward. Discover more about Member Rewards.

Member Rewards WildSparks are not guaranteed and the value of Member RewardsWildsparks may change periodically. YouMembers may receive Member WildSparks Rewards in the following, non-exclusive and non-exhaustive ways:

When you interact with specific features of the Ecosystem;
When you or anyone you introduce to Earth Sparks provide services to other members of the Ecosystem community;
When you or anyone you introduce to Earth Sparks makes a purchase from an Ecosystem storeMaking purchases in the Marketplace;
When you or anyone you introduce to Earth Sparks makesMaking a Successful Pledge to a Project (i.e., if a Project reaches its goals, any Pledge made prior to that achievement becomes a Successful Pledge); or
When you or anyone you introduce to Earth Sparks Referring a Project Creator to Earth Sparks who launches a Project that is successfully backed by Members of the Earth Sparks community.

Earth Sparks is not responsible for your efforts to refer any individual to the Earth Sparks ecosystem. Before seeking to do any form of marketing or sharing of Earth Sparks, please check that it is allowed or requires authorization under our

Marketing Policy.

You agree not to engage in any illegal, fraudulent, or otherwise unauthorized conduct in order to obtain any Member Rewards. Any unlawful conduct is strictly prohibited and will result in that Member’s account being terminated. Members further agree not to use any automated software to obtain or create Member Rewards without authorization. Members shall be solely responsible for their operations in acting under this agreement to receive Member Rewards.

You are responsible for paying any additional fees or taxes associated with Member Rewards.

Member Rewards are not guaranteed and Members are not entitled to nor have any proprietary interest in Member Rewards or any other form of commissions.

Members are not eligible to receive Member Rewards or any other compensation from Us if Members engage in fraud, unlawful conduct, or otherwise misuse of Earth Sparks. If at any point You receive Member Rewards and/or other commissions due to fraud, unlawful conduct, or misuse of Earth Sparks, Members agree any earned Member Rewards and/or commissions shall become frozen in Your account until the dispute is settled and that Earth Sparks may, at its sole discretion, remove Member Rewards and/or commissions from Your account.

Earth Sparks is not responsible for the Members efforts to refer any individual to the Earth Sparks ecosystem. Members are responsible for paying any additional fees or taxes associated with WildSparks.

Members agree not to engage in any illegal, fraudulent, or otherwise unauthorized conduct in order to obtain any WildSparks. Any unlawful conduct is strictly prohibited and will result in that Member’s account being terminated.

Members further agree not to use any automated software to obtain or create the WildSparks without authorization. Members shall be solely responsible for their operations in acting under this agreement to receive WildSparks.

Wildsparks are not guaranteed and Members are not entitled to nor have any proprietary interest in Wildsparks or any other form of commissions. Members are not eligible to receive Wildsparks or any other compensation from Us if Members engage in fraud, unlawful conduct, or otherwise misuse of Earth Sparks. If at any point You receive Wildsparks and/or other commissions due to fraud, unlawful conduct, or misuse of Earth Sparks, Members agree any earned Wildsparks and/or commissions shall become frozen in Your account until the dispute is settled and that Earth Sparks may, at its sole discretion, remove Wildsparks and/or commissions from Your account.

. There are no fees for creating an account on the Ecosystem or by simply using the Ecosystem. Platform

We hope you follow these policies. But should you violate any of the Terms of Use, we reserve the right to terminate, suspend, or take any other action related to your account at Our sole discretion. You may not access Our Ecosystem or Services if We have prohibited you from doing so.

Viruses, hacking, and other offences

Viruses can corrupt software, destroy hardware, and steal personal information. We want this Ecosystem to be welcoming to everyone so You must not misuse this Ecosystem by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful (together “Viruses”). You must not attempt to gain unauthorized access to our Ecosystem, the server on which our Ecosystem is stored or any server, computer or database connected to this Ecosystem. You must not attack this Ecosystem via a denial-of-service attack.

By breaching this provision, you may commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your rights to use this Ecosystem will cease immediately.

We will not be liable for any loss or damage caused by a denial-of-service attack or Viruses that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Ecosystem or to your downloading of any material posted on it, or on any Ecosystem website linked to it.

Project Creators Obligations

The Project Center enables Our Members to create, develop, share, and seek funding for their Projects. When you create a Project in the Ecosystem you are known as a Project Creator.

Project Creators may, but are not obliged to, request the help of other Members who may offer you their relevant skills, experience, resources, and connections under a separate agreement between you and the Member. Such help may include, but is not limited to:

Specialized knowledge or connections that may improve your idea;
Professional knowledge such as legal, financial or web development;
Market research;
Marketing, advertising, and product placement;
Project development; and

Prohibited Projects. Where a Project Creator intends to seek funding via the Ecosystem, the Project must be approved by Earth Sparks before being launched on the Ecosystem. Earth Sparks reserves the right to approve or reject any Project. Earth Sparks has identified categories of aAcceptable Projects here to assist Project Creators in developing a Project, but this list does not guarantee that Earth Sparks will approve the Project for launch.

When Project Creators ask for Pledges, you understand that you are entering into separate legal agreements with both Earth Sparks and with Members, and the following rules apply (in addition to all the other Terms and Additional Policies).

Make good faith efforts to fulfill the items in the Project, Purcahses or any sellable information associated with a Project in the timeframe that is communicated to Members.
Immediately notify Members if there are any obstacles or delays. If you cannot fulfill delivery of the requested item or idea, immediately issue refunds to the Members. Earth Sparks also reserves the right to refund Members from the Project Creator’s Member Rewards should the Project Creator not provide immediate refunds.

Be responsive. Respond promptly and truthfully to all questions poised by Members. Provide substantive and quality updates as per the guidelines given in the Project Center.
Immediately notify Members if there are obstacles or delays. If you cannot fulfill delivery of the requested item or idea, immediately issue refunds to the Members. Earth Sparks also reserves the right to refund Members from the Project Creator’s accounts should the Project Creators not provide immediate refunds.
Be responsive. Respond promptly and truthfully to all questions posed by Members. Provide substantive and quality updates at least once a month to Members.
- Be mindful and honest. You agree not to (and not to allow any third party to): (a) take any action that imposes or may impose (in our sole determination) an unreasonable or a disproportionately large load on the Ecosystem or our infrastructure; (b) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Ecosystem; (c) use the Ecosystem in any way that is illegal, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable, as we may determine in our sole discretion; (d) attempt, in any manner, to obtain the username, password, User Account, or other security information from any other user of the Ecosystem; (e) violate the security of any computer network or crack any passwords or security encryption codes; or (f) post or transmit any file or email which contains viruses, worms, Trojan horses, or any other damaging or destructive elements.
- Be Generous: Sometimes a Member refers you to Earth Sparks. In those instances, Earth Sparks uses Member Rewards to reward Members who share your Project. Project Creators can increase the Member Rewards reward those Members with WildSparks at their Project Creators’ discretion. In such cases this will be automatically deducted from the funds the Project receives at the end of a successful campaign. WildSparksMember Rewards reward are not guaranteed and Earth Sparks is not responsible for offering, determining, setting or guaranteeing any WildSparksMember Rewards reward.
- It’s the law. Comply with all applicable laws and regulations in the use of Contributions Successful Pledges and delivery of Purchases.
- Respect Privacy. When you use the Services by creating a Project, you may receive information about other Members, including personally identifiable information (“PII”), such as names, e-mail addresses, and physical addresses. This information is provided to you purely for the purpose of fulfilling the Rewards for the applicable Project and other Services, and may not be used or disclosed for other purposes, including cross-promotional marketing, without separate, verifiable consent from the User obtained independently from Earth Sparks or the Service. You will maintain, and be required to produce if requested, records of all such verifiable consent.
- Comply with EEA Data Controller Obligations. As a Project Creator, you will independently fulfill all duties required of data controllers under applicable EEA data protection law (such law shall include, but not be limited to, the EU General Data Protection Regulation (Regulation (EU) 2016/679) (“GDPR”); (iii) the EU e-Privacy Directive (Directive 2002/58/EC), including subsequent variations, such as the Regulation of the European Parliament and of the Council concerning the respect for private life and the protection of personal data in electronic communications and repealing Directive 2002/58/EC (“ePrivacy Regulation”), if enacted).
- Your data controller duties include:
  - Determining and qualifying the necessary legal basis or bases for your collection or processing of personal information;
  - Managing and reporting security incidents;
  - Entering into contracts only with data processors that provide adequate protections for personal data and including appropriate contractual language;
  - Maintaining records of your data processing activities;
  - Conducting any required data protection impact assessments; and
  - Implementing and maintaining all measures required pursuant to Article 32 of the GDPR.
- Respond to EEA Data Subject Requests. You and Earth Sparks will have an independent obligation to respond to any requests received by either of us from EEA data subjects regarding personal data, including without limitation, those set forth in Chapter III of the GDPR. The party that receives the data request is responsible for responding to the request. Project Creators and Earth Sparks shall reasonably cooperate and assist each other with these requests, to the extent that is legally permissible.
- Comply with the CCPA as a Business. As a Project Creator, you will independently fulfill all duties required of “businesses” under the California Consumer Privacy Act (“CCPA”), including its implementing regulations. As a “business” under the CCPA, you will, without limitation: (1) provide notices to consumers as required by the CCPA, including providing a privacy policy and a notice of financial incentives, as applicable; (2) respond and honor access and deletion requests of consumers; (3) comply with all CCPA requirements related to the “sale” of personal information, as that term is defined in the statute; (4) implement reasonable security as required by the CCPA; (5) maintain records as required by the CCPA, including records related to your receipt and responses to consumer access and deletion requests; and (6) enter into appropriate contracts with vendors where required by the statute. For clarity, the party that receives a consumer request related to the CCPA is responsible for responding to the request. Project Creators and Earth Sparks shall reasonably cooperate and assist each other with these requests, to the extent that is legally permissible.
- The dreaded taxes. You are responsible for paying any additional fees or taxes associated with your use of Earth Sparks, including but not limited to any taxes associated with receiving any WildSparksMember Rewards.
- PlatformMarketplace Fees. Project Creators are charged a PlatformMarketplace Fee when a Project is successfully backed by Members of the Earth Sparks community. The PlatformMarketplace Fees are effective on the date that the PlatformMarketplace Fees are posted, and may be updated from time to time. PlatformMarketplace Fees will be charged at the then-current rate. In addition, Project Creators may be charged transaction, transfer, delivery, or other fees by the payment processor each time funds are distributed to the Project CreationCreator. The PlatformMarketplace Fees and transfer fees/bank delivery fees are effective on the date that they are posted and will be announced on the Project Center page.
- Payment of Successful Pledges. Project Creators are not guaranteed to receive Pledges made to a Project, even after the Project has ended and the fundraising goal has been reached. There may be a delay between the end of a Project and remittance of Pledges by the Payment Service Provider (“PSP”) to a Project Creator for a number of reasons including, but not limited to, refunds, chargeback disputes, fraud, Terms or other policy violations, or any other situation. Earth Sparks’sSparks’ PSP will subtract fees, including PlatformMarketplace Fees, before transmitting the proceeds of a Project.
- . You can refund a Member’s Successful Pledge at any time. If you do, you have no further obligation to that Member, and no agreement exists between you two.

Project Creators are responsible for ensuring the quality of goods and services theyou offer on Earth Sparks or in the marketplace. Project Creators are also responsible for developing a returns and refund policy for any purchases made through the marketplace. Earth Sparks is not responsible for any purchases, returns, or refunds for any goods or services that are offered or sold by a Project Creator in the marketplace.

Backing a Project

As a Member, when you make a Pledge to a Project, you understand that the following rules and Terms apply (in addition to all other Terms, including Additional Policies).

Voluntary PledgesContributions. All PledgesContributions are made voluntarily and at the sole discretion and risk of the Member.

- Earth Sparks Does Not Guarantee that Projects Will Succeed or that Purchases Will Be Delivered or Deemed Satisfactory. By pledgingcontributing to a Project, Members are supporting an idea, project, or cause they care about and want to help make happen. Like anyone getting in on an early-stage project, Members accept the risk that the Project may experience changes, delays, and unforeseen challenges, or that a Project, and its Rewards, might not come to fruition. Earth Sparks does not guarantee or represent that Successful PledgesContributions will be used as promised, that a Project Creator will deliver Rewards, or that the Project will achieve its goals. Earth Sparks also does not endorse, guarantee, make representations, or provide warranties regarding the quality, safety, morality or legality of any Project, or the truth or accuracy of any Content posted on the Services. The date to deliver the product in a Project is an estimate by the Project Creator (not Earth Sparks), and there is no guarantee that the Project Creator will fulfill and deliver the product by that date. No transfer of title to tangible personal property occurs through Earth Sparks.
- . Members must provide payment information when making a Pledge to a Project. However, Members will not be charged until the Project reaches its goals. If the Project does not reach its goals, no funds will be collected and no money will change hands. If a Project does reach its goals, then a Payment Service Provider (“PSP”) will collect the exact amount that you Pledged on the Project. At no time does Earth Sparks collect or hold any money from any Member.
- . Earth Sparks does not hold any funds associated with a Project at any time and cannot guarantee the completion of a Project. Earth Sparks has no control over the completion of a Project. Members agree that Earth Sparks is not responsible for any refunds or the return of any fees associated with any Successful Pledge to a Project because Earth Sparks has no control over the completion of a Project; that responsibility lies exclusively with the Project Creator.
- The dreaded taxes. Members bear the sole responsibility for determining how to treat their PledgesContributions and receipt of any Rewards for tax purposes. Earth Sparks does not offer any advice or take any responsibility for how Members treat their PledgesContributions or for any financial consequences arising out of such treatment.

Earth Sparks’sSparks’ Role
- User Content is precisely that, User Content. Earth Sparks is not liable for any damages or losses related to your use of the Services. Earth Sparks provides anthe platformEcosystem for creation of Projects and the interaction of Members. Commentary and other materials posted on this Ecosystem are not intended to amount to advice. We are not liable or responsible for any reliance placed on such materials by you or anyone who you may inform of any of its contents.
- There may be times We need to remove bad content. Earth Sparks may remove User Content that violates the Terms at its sole discretion. Removing User Content or terminating an account is not an action We take lightly, and We may take a while to investigate and determine if User Content or an account should be removed. It is at Earth Sparks’sSparks’ sole discretion whether to discuss the reasons regarding the removal of User Content including the termination of any Project.
- We do not guarantee Project performance or offer Refunds for Projects. Project Creators bear sole responsibility for the performance, quality, completion, and delivery of a Project. Earth Sparks is not liable for any damages or losses related to Your use of the Ecosystem. Earth Sparks does not offer any refunds associated with a Project.
- We do not provide tax or legal advice to Members. Members bear sole responsibility for determining how the applicable laws apply to running a Project that has been approved for launch by Earth Sparks, Pledging to a Project, or utilizing any of the Services.
- We do not become involved in legal disputes between Members. Unfortunately, disputes may arise between Members and Project Creators. Earth Sparks bears no liability, responsibility, or any other form of involvement with those disputes.
- Project Creators are responsible for their Projects, even if Project Creators engage Our help. Project Creators agree that Earth Sparks is not liable for their Projects or any goods or services offered or sold by Project Creators through the Ecosystem or marketplace. Even where We help with your Project, Project Creators bear sole responsibility for the Project and must comply with all obligations in the Terms as the only responsible party for the Project.
- Returns on Other Goods and Services. We fundamentally believe you will be happy with the goods and services you purchase from Earth Sparks. That’s because we are thoughtful in what we provide in order to meet your everyday needs. We understand however, that sometimes a purchased item may not be what you expected it to be. In that unlikely event, there are a few important things to remember when purchasing either physical or digital goods or services from Earth Sparks:

Returns on Other Goods and Services. We fundamentally believe you will be thrilled with the goods and services you purchase from Earth Sparks. That’s because we are thoughtful in what we provide in order to meet your everyday needs. We understand, however, that sometimes a good(s) or service may not be what you expected it to be. In that unlikely event, there are a few important things to remember when purchasing either a physical or digital good or service from Earth Sparks.

Only items that have been purchased directly from Earth Sparks can be returned to Earth Sparks. Any products purchased through the marketplace must be returned in accordance with the Project Creator’s respective returns and refund policy.

You have seven calendar days to return an item from the date you received it. Digital items that have been purchased and used in any capacity, even minimal use, may be ineligible for return. Once we received your item, a refund is initiated immediately. It may take a few days for the refund to be credited to the original payment method.

There may be times a refund takes longer to credit to your original payment method. In those circumstances, please contact the card-issuing bank with questions about when the credit will be posted to your account.

- No Liability. When you use the Services, you release Earth Sparks from claims, damages, and demands of every kind — known or unknown, suspected or unsuspected, disclosed or undisclosed — arising out of or in any way related to such disputes and the Ecosystem. All content you access, Pledge, or offer through a Project, through the Ecosystem is at your own risk. You’re solely responsible for any resulting damage or loss to any party.

Our Intellectual Property

We are the owner or the licensee of all intellectual property rights in this Ecosystem, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

Earth Sparks may contain links to third-party websites. When you access third-party websites, you do so at your own risk. We don’t control or endorse those third-party websitesEcosystems. In addition, if you access third-party websites through the Ecosystem, you will be subject to the terms of use and privacy policies for those websites. Earth Sparks cautions you to familiarize yourself with the terms of use and privacy policies of those third-party Ecosystems before undertaking any such access.

You must not print off copies or download any extracts from any part of the Ecosystem unless expressly authorized by us to do so.

If you print off, copy or download any part of our Ecosystem in breach of these terms of use, your right to use our Ecosystem will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. We reserve the right, in our sole discretion, to delete or disable User Content that has been alleged to be infringing, as well as to terminate User accounts associated with infringers.

We are not responsible for content posted by third parties on our Ecosystem (including content posted by investees and investors), including the content of pitches, pitch videos, images and content in the discussions. If you believe that any content on our Ecosystem infringes your intellectual property rights, including under United States law such as the Digital Millennium Copyright Act (“DMCA”) or Lanham Act, please send a letter to the address below for the attention of the Earth Sparks’sSparks’ Counsel with the following information: (i) evidence of your ownership; (ii) the exact location of the infringing content and any copies. We will review your notice and take appropriate action, including removing such content where appropriate. The address for notices under this provision is:

Earth Sparks, Inc,

c/o Crowell & Moring LLP,

3 Embarcadero Ctr., 26th Floor,

San Francisco, CA 94402.

United States of America

Your Intellectual Property

Your User Content remains your property. When you submit User Content to the Ecosystem or via the Services, you agree to the following terms:

You allow us to use your Content. You grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, and transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to your User Content.

- We can remove User Content. You grant us the right to make remove any User Content if any of the content is in violationed with these Terms of Services or any applicable law.
- You have all legal rights to your Content. You represent and warrant that: (1) you have all licenses, rights, consents, and permissions necessary to grant the rights set forth in these Terms to Earth Sparks with respect to your Content; (2) your Content does not and will not infringe any third party's intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms or applicable law; and (3) Earth Sparks does not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use of your Content, or have any liability to anyone or any other party as a result of Our use or exploitation of your Content.

Earth Sparks’sSparks’ Rights Concerning Accounts; Termination
- We reserve the right to monitor, terminate, suspend, or delete any User Account at any time in Our sole discretion. We have no obligation to comment on any reasons for account monitoring, termination, suspension, or deletion.
- We have no liability to you or third parties for any use of the Services associated with your account or Project. Upon suspension or termination of your account, you must cease all use of the Services and Content. Your representations and warranties shall survive termination.

Payment Services

Earth Sparks partners with third-parties for payment processing. When you make a Pledge or purchase a good or service through Earth Sparks or the marketplace, you agree to be bound by the payment processor’s terms of service.

System Outages and Maintenance

The Ecosystem or Services may be unavailable for scheduled maintenance and other reasons, including unplanned outages and other malfunctions. We are not responsible if the Ecosystem or Services are unavailable, or if you lose any data, information, or Content for any reason.

Unsolicited Idea SubmissionsUser Comments, Feedback and other Submissions.

Earth Sparks is pleased to hear from users and welcomes your comments regarding our products and services. Earth Sparks’ company policy does not allow us to accept or to consider creative ideas, suggestions, proposals, plans, or other materials other than those we have specifically requested in the Project Center. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by Earth Sparks’ employees, partners and agents might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send creative ideas, suggestions, proposals, plans, or other materials for our business – unless we have made a specific request in the Project Center.

If you send creative ideas, suggestions, customer reviews, photographs, proposals, plans, or other materials, whether via the Ecosystem, by email, by postal mail, or otherwise (collectively known as "Comments"), you agree that Earth Sparks may, at any time, without restriction, edit, copy, publish, distribute, translate, createive a derivative of and otherwise use in any medium any Comments that you forward to Earth Sparks. Earth Sparks is and shall be under no obligation: (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.

Specific requests for Comments in the Project Center will include references to how we will process and manage your Comments and how we will compensate you for any original Comments.

In all cases you agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Earth Sparks. or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. Earth Sparks takes no responsibility and assumes no liability for any Comments posted by you or any third party.

We appreciate hearing from Our Members and welcome their comments or suggestions. But ideas that you submit may be similar or identical to internal submissions or submissions received from another Member or third party. When We refer to a “submission” in this paragraph, We mean: any submission, comment, or suggestion (including, but not limited to, ideas, products, or services, know-how, concepts, suggested changes, additions, or improvements) sent to us via the Ecosystem or in any other manner about an existing product, service, or feature on the Earth Sparks platform (“Unsolicited Idea Submission”). If you send us an Unsolicited Idea Submission, you agree as follows:
- All Unsolicited Idea Submissions are non-confidential and non-proprietary and will be treated as such.
- By submitting an Unsolicited Idea Submission, you hereby grant Earth Sparks a perpetual, irrevocable, worldwide, non-exclusive, royalty- free, sublicensable and transferable license to use, reproduce, distribute, sell, exploit, prepare derivative works of and display the Unsolicited Idea Submission, including, without limitation, in connection with the Ecosystem or Services, and for promoting and redistributing part or all of the Unsolicited Idea Submission (and derivative works thereof) in any media formats and through any media channels whether now known or hereafter developed, without payment or accounting for the Unsolicited Idea Submission and,
- We are under no obligation to evaluate, review, or use any Unsolicited Idea Submission.

You agree to defend, indemnify and hold harmless Earth Sparks, Our subsidiaries and affiliated companies, and Our officers, directors, employees, partners, contractors, representatives, agents, and third party providers from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including reasonable attorneys' fees and costs) and all amounts paid in settlement arising from or relating to, breach of these Terms or violation of any applicable laws. We reserve the right, in Our sole discretion and at Our own expense, to assume the exclusive defense and control of any matter for which you have agreed to indemnify us and you agree to assist and cooperate with us as reasonably required in the defense or settlement of any such matters.

No Warranty

EARTH SPARKS HAS NO FIDUCIARY DUTY TO ANY USER. THE SERVICES, EARTH SPARKS CONTENT, USER CONTENT, AND ANY OTHER MATERIALS MADE AVAILABLE OR THROUGH THE USE OF THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR COURSE OF PERFORMANCE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EARTH SPARKS AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. EARTH SPARKS AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER(S) ON WHICH THE SERVICES ARE HOSTED, OR ANY SERVICES AVAILABLE ON ANY THIRD PARTY PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO OPINION, ADVICE OR STATEMENT OF EARTH SPARKS OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE THROUGH THE USE OF THE SERVICES, OR ON THIRD-PARTY PLATFORMS OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY SERVICES PROVIDED ON ANY THIRD-PARTY PLATFORM, ARE ENTIRELY AT YOUR OWN RISK.

Disclaimer of Liability
- Use the Services at your own risk. We make no representations about the quality, safety, morality or legality of any Project, Perk or Contribution Reward or the truth or accuracy of User Content posted on the Services. We do not guarantee the fulfillment or the performance of any Rewards, or that Successful PledgesContributions will be used as described in the Project. We do not control or endorse User Content posted on the Ecosystem or in any Services and, as a result, do not guarantee in any manner the reliability, validity, accuracy or truthfulness of such User Content. Earth Sparks is not liable for any damages or losses related to your use of the Services. We do not become involved in disputes between Members, or between Members and any third party relating to the use of the Services.
- You release us from all claims. When you use the Services, you release Earth Sparks from claims, damages, and demands of every kind - known and unknown, suspected or unsuspected, disclosed or undisclosed - arising out of or related to the Services. All Content that you access or use through the Services is entirely at your own risk and you solely are responsible for any resulting damage or loss to any party.
- YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND USER CONTENT, AND ANY CONTACT YOU HAVE WITH OTHER MEMBERS OR THIRD PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER EARTH SPARKS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EARTH SPARKS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS; (E) THE USE OF OR INABILITY TO USE THE; (F) ANY COMMUNICATIONS OR OTHER INTERACTIONS WITH OTHER MEMBERS OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES; OR (G) YOUR PROJECTS OR CONTRIBUTIONSPLEDGES.

IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF EARTH SPARKS AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING FROM OR RELATING TO THE TERMS, SERVICES, OR USER CONTENT, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO EARTH SPARKS BY YOU HEREUNDER, OR ONE HUNDRED US DOLLARS IF NO SUCH PAYMENTS HAVE BEEN MADE.

Export Compliance

You agree to comply with all applicable import, re-import, export, and re-export control laws and regulations in Your jurisdiction. , including the Export Administration Regulations, the International Traffic in Arms Regulations, and country-specific economic sanctions programs implemented by the Office of Foreign Assets Control. For clarity, you are solely responsible for compliance related to the manner in which you use any third-party products funded through the Ecosystem. Further, pursuant to 15 C.F.R. § 758.6(a)(1), you are hereby advised that for any items that are physically shipped to you, the items are controlled by the U.S. Government and authorized for export only to the country of ultimate destination for use by the ultimate consignee or end-user(s) herein identified. They may not be resold, transferred, or otherwise disposed of, to any other country or to any person other than the authorized ultimate consignee or end-user(s), either in their original form or after being incorporated into other items, without first obtaining approval from the U.S. government, or as otherwise authorized by U.S. law and regulations.

You agree to indemnify Earth Sparks for any penalties, fines, attorneys’ fees and other amounts that may be incurred by Earth Sparks that arise out of or are related to your failure to comply with this Section.

Jurisdiction and applicable law to United States Members

These Terms of Service (and any further rules, policies, or guidelines incorporated by reference) shall be governed by and construed in accordance with the laws of the State of Delaware and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that the Company and its Services are deemed a passive website that does not give rise to personal jurisdiction over Earth Sparks or its parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of Delaware. You agree that any action at law or in equity arising out of or relating to these terms, or your use or non-use of the Services, shall be filed only in the state or federal courts located in the State of Delaware and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.

Full Agreement Between You and Us

These Terms are the entire agreement between You and Earth Sparks with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and Earth Sparks with respect to the Services and govern our relationship. If any provision of these Terms are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Earth Sparks’sSparks’ failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Miscellaneous

We may modify or discontinue the Services at any time, in our sole discretion. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Earth Sparks’sSparks’ failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

, they’re important for claritfy.
- "Content" refers to all software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or Content, including the selection and arrangements thereof offered through the Services;
- "DMCA" refers to the Digital Millennium Copyright Act of 1998, including any amendments;
- "Earth Sparks," "We, " "Our, " or "Us" refers to Earth Sparks, a Delaware corporation, together with its parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors;
- "Earth Sparks Content" refers to Content provided by Earth Sparks to Members in connection with the Services, including, without limitation, the software, the products and the Ecosystem;
- "Ecosystem" refers to the Earth Sparks website and any other website owned and operated by Earth Sparks;
- "Infringement" refers to the unauthorized or not permitted use of copyrighted material or other intellectual property rights;
- "Marks" refers to the trademarks, service marks, and logos used and displayed throughout the Services or in any Earth Sparks Content;
- "Members" refers to anyone who joins the Earth Sparks Ecosystem;
- “" refers to bonus membership rewards which may be given to Members whenever they interact with or introduce new members into the Ecosystem as defined in section 2(i);
- “Personally Identifiable Information” or "PII" refers to any data that could potentially identify a specific individual. Any information that can be used to distinguish one person from another and can be used for deanonymizing previously anonymous data can be considered PII.;
- "Pledge(s)" refers to funds Members commit to paying to Projects if the Project is successful and a Successful Pledge refers to when payment has been made after a Project reaches its designated target milestone;
- "Privacy Policy" refers to Earth Sparks’ Privacy Policy, and incorporated herein by reference;
- "Project" is the Project Creator’s fundraising campaign through the Services;
- “Project Creator” is any individual who use the Ecosystem or Services to either introduce an idea, market the idea, and/or raise funds for the idea through the Ecosystem and Services;
- “” refers to advance purchases made from Project Creators which are either physical or digital products or services;
- “Services” refers to Ecosystem, mobile applications or connected applications, all Content, offerings, and other services offered through the Ecosystem.
- "Terms" or "Terms of Use" refers to the Terms of Use, Additional Policies, Earth Sparks’ Privacy Policy, all applicable laws, and all conditions or policies referenced here;
- "User, " "You, " or " Your" refers to Project Creators, Members or any other visitor to the Ecosystem or Members of the Services, either individually or collectively;
- "User Content" refers to Content uploaded, transmitted or posted to the Services by a User, including User Content in a Project.
- “Project Creators” is any individual who use the Ecosystem or Services to either introduce an idea, market the idea, contribute to the idea, and/or raise funds for the idea through the Ecosystem and Services;
- "Projects" are Project Creators’ fundraising campaigns through the Services;
- "Content" refers to all software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or Content, including the selection and arrangements thereof offered through the Services;
- "Members" refers to those any individualwho joins the Earth Sparks Ecosystem and may make a Pledge to Projects;
- "Pledge(s)" refers to funds donated Members commit to paying to Projects by Membersif the Project is successful and a Successful Pledge refers to when payment has been made after a Project reaches its designated target milestone;
- "DMCA" refers to the Digital Millennium Copyright Act of 1998, including any amendments;
- "Earth Sparks," “Complete Earth,” "We, " "Our, " or "Us" refers to Earth Sparks, a Delaware corporation, together with its parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors;
- "Earth Sparks Content" refers to Content provided by Earth Sparks to Members in connection with the Services, including, without limitation, the software, the products and the Ecosystem;
- "Infringement" refers to the unauthorized or not permitted use of copyrighted material or other intellectual property rights;
- "Marks" refers to the trademarks, service marks, and logos used and displayed throughout the Services or in any Earth Sparks Content;
- "Rewards" refers to are advance purchases made which are either physical or digital products or servicesthe gifts or rewards in the form of tangible items or intangible services offered by Project Creators to Members;
- “Personally Identifiable Information” or "PII" refers to any data that could potentially identify a specific individual. Any information that can be used to distinguish one person from another and can be used for deanonymizing previously anonymous data can be considered PII.;
- "Privacy Policy" refers to Earth Sparks’s Privacy Policy, found at LINK and incorporated herein by reference;
- "Ecosystem" refers to the Earth Sparks website any any other website owned and operated by Earth Sparks;
- “” refers to Ecosystem, mobile applications or connected applications, all Content, offerings, and other services offered through the Ecosystem.
- "Terms" or "Terms of Use" refers the Terms of Use, Additional Policies, Earth Sparks’s Privacy Policy, all applicable laws, and all conditions or policies referenced here;
- "User, " "You, " or " Your" refers to Project Creators, Members or any other visitor to the Ecosystem or Members of the Services, either individually or collectively;
- "User Content" refers to Content uploaded, transmitted or posted to the Services by a User, including User Content in a Project.

Full Agreement Between You and Us

These Terms are the entire agreement between You and Earth Sparks with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and Earth Sparks with respect to the Services and govern our relationship. If any provision of these Terms are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Earth Sparks’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Miscellaneous

We may modify or discontinue the Services at any time, in our sole discretion. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Earth Sparks’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently

We know privacy and data security are important for businesses and individuals. That’s why we at Earth Sparks are committed to protecting your privacy and information. This Privacy Policy describes the data protection practices of Earth Sparks, Inc. (“Earth Sparks,” “we,” “us,” or “our”). This Privacy Policy applies to information that we collect, receive, use, store, transfer, or process when you access or use Earth Sparks’ Ecosystem, Services, or otherwise interact with Us. We periodically update this Product Privacy Policy.

This policy is supplemental and integral to the Terms of User Agreement (“Agreement”). This policy is effective upon and incorporated within your acceptance of the Agreement. The terms of this policy shall follow the terms of the Agreement, and any capitalized term is defined in the Agreement.

This policy is provided to you to explain your choices surrounding how we use information about you, which include how you can object to certain uses of information about you and how you can access and update certain information about you. We understand if you do not agree with this policy, but should you refuse to agree to this policy, then please do not access or use our Services or interact with any other aspect of our business.

By using the Site and/or Services offered by Earth Sparks, you’re acknowledging you have agreed to our Terms of Use and that you have read and understood this Privacy Policy.

Lastly, times change. As such, we may update this Policy from time to time. If we do, we’ll let you know about any material changes, either by notifying you on the Site or by sending you an email. New versions of this Policy will never apply retroactively — we’ll tell you the exact date they go into effect. If you keep using Earth Sparks after a change, that means you accept this Policy.

WHO WE ARE

Earth Sparks, Inc., including its subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors (collectively, “Earth Sparks,” “we,” or “us”) provides services that help people bring innovative technologies and creative projects to life. We also help non-profits and some life-journey-seekers. Our service includes an Ecosystem of professionals to help breathe life into your dreams, a community of members to help shape your ideas or become customers, and an incentive-based funding platform for projects. We are a Public Benefit Corporation incorporated in Delaware.

WHAT WE MEAN BY PERSONAL INFORMATION

For purposes of this Privacy Policy, "Personal Information" means any information from or about a person or household that either identifies a person directly or that makes a person identifiable when it is combined with other information from or about that person from any source.

YOUR RESPONSIBILITIES

Within the scope of the Agreement and in its use of the services, Users shall be responsible for complying with all requirements that apply to it under applicable data protection, privacy, and security laws with respect to Your processing and transmittal of information to Earth Sparks. You acknowledge and agree that You shall be solely responsible for:

Accuracy, quality, and legality of any information, including any User Content;
Complying with all necessary laws concerning the collection and use of User Content, including obtaining any necessary consents and authorizations
Ensuring You have the right to transfer, or provide access to, the User Content to Earth Sparks for purposes of providing the Ecosystem and other Services under the Agreement

WHAT WE COLLECT AND RECEIVE

In order for You to create an account on Earth Sparks and use the Ecosystem and/or Services, We need to collect and process certain information. Depending on Your use of the Ecosystem and/or Services, that may include:

Information You provide by completing forms on Earth Sparks — Your name, email and postal addresses, date of birth, telephone number, country of residence, login, and password details. We may ask for this information if You register as a user, upload or submit content through Earth Sparks, make a purchase through the Earth Sparks Ecosystem, or if You contact us;
Information You provide for identity verification purposes when launching a Project, including Your legal name, business name and Tax ID for business entities, and date of birth. In some cases, our payment processor will request that You provide a secure upload of an identity document (such as Your passport, driver's license, or other government-issued ID) to Earth Sparks;
Details of any requests or transactions You make through the Ecosystem and/or Services. Earth Sparks partners with other companies for payment processing and the payment information You submit is collected and used by them in accordance with their privacy policies. It is Your obligation to review any applicable agreement or privacy policy in connection with these third-party vendors. Earth Sparks does not store Your payment information apart from the last four digits of Your credit card or bank account (as applicable), expiration date, and country, which we require for tax, government regulatory, and security purposes;
Information about Your activity on and interaction with Earth Sparks, including use of Our mobile apps (such as Your IP address, the type of device or browser You use, and Your actions on the Site);
Information about the ways people visit and interact with the Ecosystem, in the form of traffic analytics.
Communications You send to Us (for example, when You ask for support, send Us questions or comments, or report a problem);
Information that You submit on or to Earth Sparks in the form of comments, contributions to discussions, or messages to other users; and
To collect User Content and/or any other information contemplated in this section, may use Internet server logs, cookies, tracking pixels, and other similar tracking technologies. We use these technologies in order to offer you a more tailored experience in the future, by understanding and remembering your particular browsing preferences. Cookies are small text files that are placed on your computer or mobile device when you visit a site, that enables us to: (i) recognize your computer; (ii) store your preferences and settings; (iii) understand the web pages of the Services you have visited; (iv) enhance your user experience by delivering and measuring the effectiveness of content and advertising tailored to your interests; (v) perform searches and analytics; and (vi) assist with security and administrative functions.

You may decline to provide Us with Your information. However, this will limit Your ability to register for an account or use the Ecosystem and/or Services.

HOW WE USE THIS INFORMATION

We do not sell Your personal data. We may, however, use Your information for various purposes depending on the types of information we have collected from and about You, in order to:

To respond to Your request for information and provide You with more effective and efficient service;
To keep Your account secure and protect the Ecosystem and/or Services (including to verify the identities of creators and prevent fraud and abuse);
To enable Us to provide You with the Ecosystem and/or Services, and to improve and promote the Ecosystem and/or Services;
To create and administer Your account, contact You, and customize Your experience on Earth Sparks (for example, to show You projects that We think may interest You based on Your previous use);
To track and analyze the use of the Ecosystem and/or Services so that We can improve how Earth Sparks is performing and provide Users with the best experience possible;
Investigate and prevent fraudulent transactions, unauthorized access to the Ecosystem, and the Services
Comply with any procedures, laws, and regulations which apply to Us where it is necessary for Our legitimate interests or the legitimate interests of others
Establish, exercise, or defend Our legal rights where it is necessary for Our legitimate interests or the legitimate interests of others
For our business purposes we have a legitimate interest, when we:
- Operate the Ecosystem and/or provide the Services
- Apply information security policies and controls on the Ecosystem and/or Services, including overall integrity, identity management and account authentication
- For research and development to improve Earth Sparks’ Services
For other purposes for which we obtain your consent

We may aggregate and/or anonymize information collected through the Ecosystem and/or Services so that such information does not identify You as the source of the information. We may use such information to improve the Ecosystem and/or Services, by and through any third-party we use to integrate the Ecosystem and/or Services with the users’ database, for research.

HOW THIS INFORMATION IS SHARED

Information that is shared publicly

When You create an account, We create a basic profile page for You on Earth Sparks, but any personal data You provide to Earth Sparks is hidden from other Users by default. We provide a tool for You to customize what personal data is shared and with which groups of Users. You control access to the following personal data concerning You and Your account:

Your Name
Any information added to Your profile (like a photo);
Your location (city, state, country);
Your delivery address (you may authorize Us to share with any Project Creator you purchase from);
Projects You have backed (but not pledge amounts or rewards chosen);
Projects You have created; and
Comments you have posted on the Ecosystem.

You can modify or delete certain information associated with your account (such as your name, profile image, biography and location) from your account settings, and you can change your privacy settings if you want to make your profile private or adjust the default settings.

Project Creators are also asked to verify their identities before launching a Project. Once this has been done, the Project Creators’ Verified Name will be publicly displayed on their account profile and on any Project they launch.

Information that isn’t shared publicly

The following data will not be publicly displayed or revealed to other users:

Any payment information You provide;
Your password details;
Your IP address;
Your phone number;
Your date of birth and other identity verification documentation (for Project Creators); and
Communications You send to Us (for example, sending questions or comments or reporting a problem).

Information that is shared with trusted third-party services

We may share Your information with certain trusted third-party services to help Us provide, improve, promote, or protect Earth Sparks’ Services. When We share data with third-party services that support our delivery of Services, We require that they use Your information only for the specific purposes We’ve authorized, and that they protect your personal information at least to the same standards we do. We may also share information that is aggregated and anonymized in a way that it doesn’t directly identify You.

Information that is shared with Project Creators

When you pledge to (and your pledge is successful) or purchase from a Project Creator, we ask You to authorize us to share your name, delivery address, amount paid and product or service purchased from that specific Project Creator.

Project Creators never receive Contributor’s credit card details or other payment information.

Project Creators may also receive routine traffic analytics about their project pages.

Information that is shared to protect Earth Sparks and comply with the law

In certain situations, we may be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We may disclose personal information to respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims. We may also share such information if we believe it is necessary in order to investigate, prevent, or act regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Agreement, or as otherwise required by law.

Links to other websites and services

The Ecosystem and/or Services may contain links to third-party websites. If You choose to use these sites or features, You may disclose Your information not just to those third-parties, but also to their users and the public more generally depending on how their services function. We are not responsible for the content or practices of those websites or services. The collection, use, and disclosure of your information will be subject to the privacy policies of the third-party websites or services, and not this Privacy Policy. We urge you to read the privacy and security policies of these third-parties.

RETENTION

We keep Your information for no longer than necessary for the purposes for which it is processed. The length of time for which we retain information depends on the purposes for which we collected and use it and/or as required to comply with applicable laws. Any information that will be collected and retained for an extended period of time will be anonymized and protected as described in the Terms of Use and this Privacy Policy.

We also collect and maintain aggregated, anonymized or pseudonymized information which we may retain indefinitely to protect the safety and security of our Site, improve our Site and/or Services or comply with legal obligations.

DATA TRANSFERS

Because Earth Sparks is a US-based company, Your information will be collected and processed in the United States. The United States has its own laws governing data protection and government access to information. The rules that protect Your personal information under United States law may be different than in Your home country. If You choose to use the Site and/or Services, You need to agree with the Agreement, which set out the contract between Earth Sparks and its Users.

To the extent You reside outside of the United States, Earth Sparks will comply with applicable laws regarding collection and transfer of personal information from countries that have privacy or data security laws, including but not limited to the General Data Protection Regulation (GDPR) and Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA).

YOUR RIGHTS

Users residing in certain countries, including the EU and Canada, are afforded certain rights regarding their personal information. Except where an exception or exemption applies, these rights include the ability to access, correct, and request deletion of your personal information. You can request a downloadable copy of your personal data from Earth Sparks from your account settings page. To modify or delete the personal information You’ve provided to us, please log in and update Your profile. You may also delete Your account from Your account settings page. We may retain certain information as required by law or as necessary for our legitimate business purposes.

EUROPEAN UNION USERS

Data protection law in Europe requires a “lawful basis” for collecting and retaining personal information from citizens or residents of the European Economic Area. Our lawful basis include use of information as described throughout this Privacy Policy. In addition, our use may include:

To establish and maintain contractual relationships with Our Members, including Project Creators;
To comply with our legal obligations: For example, there may be times where we need to (1) demonstrate compliance with applicable privacy and data security law, (2) comply with incident monitoring, reporting, assessment, and notification requirements, or (3) comply with other applicable criminal and civil law and regulatory requirements under federal, state, and international law.
To provide services and information that You request and consent to receive: This includes:
- To provide customer service and support;
- To communicate with You, including responding to Tour comments, questions, and requests;
- To process and complete transactions, and send You related information, including purchase confirmations and invoices;
- To provide direct marketing, email, and other distributed information distribution.

If You have consented to Our use of information about You, You have the right to change Your mind at any time, but this will not affect any processing that has already taken place. Where We are using Your information because We or a third party (e.g. payment processor) have a legitimate interest to do so, You have the right to object to that use, though, in some cases, this may mean You can no longer use the Ecosystem and/or Services.

CALIFORNIA REQUIREMENTS

If You are a California resident, there are some additional rights that may be available to You under the California Consumer Protection Act (“CCPA”). This policy explains the tools that we have made available to You to exercise your data rights under the CCPA, such as the right to deletion and the right to request access to the categories of information we have collected about You. We encourage You to manage your information, and to make use of the privacy controls we have included in our Services. You will not be discriminated against for exercising any of Your privacy rights under the CCPA.

You have the right to request the deletion of any Personal Information about You. In order to protect Your information from unauthorized access or deletion, we may require You to provide additional information for verification. Upon receiving a verified request to delete your Personal Information, we will do so unless otherwise authorized by law. If we cannot verify Your identity, we will not provide or delete Your information.

If You are a California resident you may have the right:

to request disclosure of the categories and specific pieces of information collected about You;
to request the disclosure of the business purpose for collecting or selling Personal Information; the categories of third parties with whom it is shared, and the categories of sources from which Personal Information is collected;
to request the deletion of Your Personal Information Personal Information, subject to the limitations set forth in California Civil Code Section 1798.105(d); and
not to be discriminated against for exercising the rights guaranteed by California Civil Code Section 1798.100 .

This policy describes the categories of personal information We may collect, the sources of that information, and Our deletion and retention policies. We’ve also included information about how we may process Your information, which includes for "business purposes" under the CCPA - such as to protect against illegal activities, and for the development of new products, features, and technologies.

SECURITY

Earth Sparks cares deeply about data security. To the effect, Earth Sparks protects Your information with industry standard technical and organizational measures to secure the information we store. We have implemented a range of controls and technical measures to protect the confidentiality, integrity, and availability of our systems. These include:

Force HTTPS on all connections, so data in-transit is encrypted with Transport Layer Security (TLS).
Encrypt all database data at-rest with AES-256.
Host all servers on AWS in the US, in data centers that are SOC 1, SOC 2 and ISO 27001 certified, protected with strong passwords and two-factor authentication
Regularly conduct security awareness training sessions with all employees.
Maintain detailed audit logs of all internal systems.
Access control protocols to restrict data availability to those parties who need it.

While we implement safeguards designed to protect your information, no security system is impenetrable and due to the inherent nature of the Internet, we cannot guarantee that information, during transmission through the Internet or while stored on our systems or otherwise in our care, is absolutely safe from intrusion by others.

QUESTIONS, COMPLAINTS, AND ADDITIONAL INFORMATION

If you have questions, complaints, or concerns about this Privacy Policy, your personal information, or our use and disclosure practices, or you wish to exercise your options as described in this Privacy Policy, please contact us at mydata@earthsparks.com.

Effective Date: October 5, 2022

Last Updated: October 5, 2022