PLEASE READ THESE TERMS & CONDITION FULLY BEFORE COMPLETING YOUR PURCHASE.
The Creator Club Membership Terms & Conditions
Welcome to The Creator Club! This Membership Agreement is entered into by and between Spark Digital Inc. and the Member. This Agreement shall be effective upon clicking the box below entitled “I HAVE READ AND AGREE.”
The parties agree to the following:
Terms and Conditions
Regular Membership. Regular Membership entitles the Regular Member to monthly trainings, tools, templates and access to community. Regular Members may be eligible for upgrade to other programs, subject to the approval of Spark Digital Inc, provided all conditions for an upgrade are met by the Regular Member. Regular Membership shall vest upon agreeing to these terms and full payment.
Changes to Membership. Spark Digital Inc. reserves the right to make changes to the description, access, and rates of Regular Members. Spark Digital Inc. shall also have the right to add and remove types of membership. Should Spark Digital Inc. terminate a type of membership, all such members shall be given notice including through electronic mail, communication, or message within a reasonable time and will be eligible for other memberships available. Except in case of force majeure, closure, significant business losses, restructuring and other similar circumstances, benefits of the type of membership to be terminated shall continue to be accessible to those members until the end of the month of termination provided such month has been fully paid.
Term. Membership duration is per month, quarter or year, and may be renewed monthly, quarterly, or annually.
Payment. By agreeing to this contract, the Member agrees to pay the monthly, quarterly, annual rate agreed upon during the promotion for regular membership.
Changes to Payment. The above rate may be increased, decreased or altered in any way by Spark Digital Inc. Members shall be given notice, including through electronic mail, communication, or message within a reasonable time, of any such changes before their next monthly payment is due.
Cancellation. Membership may be cancelled at any time before the member's billing date. Fees already paid are nonrefundable.
Membership Forfeiture. Spark Digital Inc. reserves the right to cancel your membership, without refund, should the Member, at workshops, classes, events, or on the online platforms, commit inappropriate and aggressive behavior and harassment, including verbal comments related to gender, age, sexual orientation, disability, physical appearance, body size, race, religion, sexual images in public spaces, deliberate intimidation, stalking, following, harassing photography or recording, sustained disruption of events, inappropriate physical conduct and unwelcome sexual attention. Prior acts that may not have been acted on by Spark Digital Inc. shall not constitute a waiver of this clause.
Liability and Damages
Release & Waiver. The Member voluntarily assumes full responsibility for any risks of loss, property damage, or personal injury, including death, that may be sustained or any loss or damage to property owned, as a result of being engaged in any events, workshops, classes, trainings, or other activities hosted by Spark Digital Inc.
Indemnity. The Member shall indemnify and hold harmless Spark Digital Inc. and its agents from and against all allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation attorneys’ fees and costs) which arise out of, relate to or result from any act or omission of the Member
Consequential Damages. Spark Digital Inc. shall not be liable to the Member for indirect, incidental, or consequential damages or any special or punitive damages arising out of the performance of this Agreement, whether based on contract, negligence, strict liability, other tort and regardless of whether any party has been advised of the possibility of such damages.
Liability Cap. In no event shall Spark Digital Inc. aggregate liability to the Member for all claims, whether contract, tort, or any other theory of liability exceed five hundred dollars (USD$500).
Attorneys’ Fees. In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and costs and expenses incurred. Payment must be made directly to the attorney within five business days from judgment or award.
Entire Agreement. This Agreement constitutes the entire agreement of the parties relating to the subject matter addressed in this Agreement. This Agreement supersedes all prior communications, contracts, or agreements between the parties with respect to the subject matter addressed in this Agreement, whether oral or written, unless in writing and executed by the parties subsequent to this agreement.
Assignment. You may not assign, resell, or transfer to any other person or entity the rights allowed or obligations required by this Agreement without express written authorization from Spark Digital Inc.
Waiver. It is understood and agreed that no failure or delay of either party to this Agreement, in exercising any right, power, or privilege provided under this Agreement, shall operate as a waiver, nor shall any single or partial exercise preclude any other or further exercise or the exercise of any right, power, or privilege provided under this Agreement.
Confidentiality. All confidential information and trade secrets of Spark Digital Inc. shall not be disclosed by the Member to third parties including competitors who sell, market, distribute, or promote competitive services.
Governing Law. The laws of the State of California shall govern all matters arising out of or relating to this Agreement and all of the transactions it contemplates, without giving effect to any choice or conflict of law provision or rule.
Venue. The parties agree that any claim, dispute, or suit arising from this Agreement shall be subject to the exclusive jurisdiction of the applicable courts of competent jurisdiction in Los Angeles, California.
Meet and Confer. The parties agree that before any claim or suit may be filed in a court of law, both parties shall meet and confer through or with representatives. They shall agree to a mutually acceptable schedule for such meetings. They shall also agree to negotiate a potentially amicable settlement in good faith. Costs of these meetings shall be equally shared by the parties.
Mediation. Should the parties fail to agree to an amicable settlement during the meet and confer, they may engage in mediation, provided both parties agree to the terms of the same. The cost of which shall be equally shared by the parties.
Severability. If any provision herein shall be held invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
Signature. By clicking on the box “I HAVE READ AND AGREE TO THE TERMS AND CONDITIONS OF THIS PAGE AS FOLLOWS” you are indicating that you have read and agree to be legally bound by the terms of this Agreement.