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Terms of Use

1. Introduction

Welcome to SparkFeet! These Terms and Conditions ("Terms") govern your access to and use of the SparkFeet website, services, and platform ("Platform"), which is a social media platform for the foot fetish community, allowing users to buy, sell, and share content and items.

These Terms constitute an agreement between you and Acus Media OÜ ("Company", "we", "us", or "our"), the owner and operator of SparkFeet.

2. Acceptance of Terms

By accessing or using the Platform, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with any part of these Terms, you are prohibited from using or accessing the Platform.

3. Eligibility and Age Restrictions

The Platform is intended only for users who are at least 18 years of age or the age of majority in your jurisdiction, whichever is higher. By registering and using the Platform, you represent and warrant that you meet this requirement.

For areas or content categories that may be considered adult or age-restricted under applicable law, SparkFeet may implement additional age-verification measures (for example identity checks using official documents or third-party verification services). You agree to undergo such verification if you wish to access or provide age-restricted content.

SparkFeet may block or remove content and suspend accounts where there is doubt about a user's age or compliance with youth-protection rules.

4. User Accounts

To access certain features of the Platform, you must create an account. You agree to provide accurate and complete information and to keep this information updated. You are responsible for maintaining the confidentiality of your account and password.

5. Content and Conduct

User-Generated Content: You may post content (including pictures, videos, and text) as long as it complies with these Terms. You retain all rights in, and are solely responsible for, the content you post.

License to Use Content: By posting content on the Platform, you grant the Company a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, copy, modify, adapt, prepare derivative works of, distribute, store, perform, and display your content and any name, username or likeness provided in connection with your content in all media formats and channels now known or later developed anywhere in the world.

Prohibited Conduct: You agree not to engage in conduct that is illegal, infringing, harmful, or offensive. Prohibited activities include, but are not limited to, harassment, promoting illegal activities, and posting overly obscene or pornographic material. You also agree not to use the Platform to spam, phish, or otherwise harm the Platform or its users.

6. Sale of Content, Worn Items and Other Goods

6.1 Scope

Users may use the Platform to offer and sell:

  • individualized or personalized digital content (for example photos, videos, messages),
  • physical items, including worn garments and other used goods, and
  • other merchandise and services,

in exchange for tokens or other payment methods made available on the Platform.

The contractual relationship for any such transaction arises exclusively between the selling user ("Seller") and the buying user ("Buyer"). SparkFeet only provides the technical marketplace and payment infrastructure and does not become a contracting party, seller, or buyer.

6.2 Seller Responsibilities

Sellers are solely responsible for the content and goods they offer, including in particular to:

  • ensure that all offered content and goods are lawful and do not infringe any third-party rights (including copyright, trademark, personality and data protection rights);
  • provide accurate, clear and non-misleading descriptions (including condition, size, materials, age and defects);
  • comply with all applicable consumer protection, product safety and labelling rules of the country where the Buyer is located;
  • comply with applicable hygiene, health and safety standards for used and worn items (including adequate cleaning and secure packaging);
  • disclose information that may be relevant for health or allergies (for example material composition);
  • fulfil orders within the stated time, arrange shipping and provide the Buyer with customary information for shipment tracking where available.

SparkFeet may, but is not obliged to, review, filter or moderate any offers or transactions.

6.3 Hygiene Standards for Worn Items

When offering worn textiles and similar used personal items, Sellers must in particular:

  • clean items if necessary before shipping and take reasonable steps to ensure they are hygienically safe;
  • check items for damage before shipment and describe visible wear and defects;
  • provide information on materials and care instructions where available;
  • comply with applicable product safety law and chemical regulations (for example REACH where relevant).

SparkFeet may define additional non-binding hygiene guidelines from time to time and may remove offers that appear unhygienic or unsafe.

6.4 Prohibited Items

The following items must not be offered or sold on the Platform (non-exhaustive):

  • items that pose an obvious health or safety risk;
  • weapons, illegal drugs, or other illegal substances;
  • counterfeit or pirated goods;
  • goods or content that violate criminal laws, youth-protection rules or other mandatory law;
  • any other item or content that SparkFeet reasonably considers inappropriate for the Platform.

SparkFeet may remove offers and block accounts that breach this clause.

7. Token-Based Payments

7.1 Nature of Tokens

SparkFeet operates an internal, account-bound token system ("Tokens"). Tokens:

  • are a limited, revocable right to use certain features of the Platform;
  • can only be used within the Platform and have no value outside of it;
  • are not electronic money, deposits, securities or crypto-assets and do not represent any claim against SparkFeet beyond the functionalities described in these Terms;
  • are personal and non-transferable between user accounts, unless SparkFeet expressly enables a transfer feature.

7.2 Purchase of Tokens

Users may purchase Tokens using the payment methods provided. The applicable price and any taxes will be shown before purchase. By completing the purchase, the user submits a binding offer; the contract is concluded when the Tokens are credited to the user account.

Unless mandatory law provides otherwise, purchases of Tokens are final and non-refundable, subject to statutory withdrawal rights where applicable.

7.3 Waiver of Withdrawal for Token Purchases (EU/EEA Consumers)

If you are a consumer in the EU/EEA, you normally have a 14-day withdrawal right for distance contracts. For Tokens, SparkFeet will:

  • deliver Tokens immediately after purchase; and
  • ask you, before completing the purchase, to:
    • expressly agree that SparkFeet begins performance (delivery of Tokens) before the end of the withdrawal period, and
    • expressly acknowledge that you lose your statutory withdrawal right once the Tokens have been delivered to your account.

If you do not give this consent and acknowledgement, SparkFeet may refuse to sell Tokens or may delay delivery until the withdrawal period has expired.

7.4 Use, Expiry and Changes

Tokens can be used to pay for content, items and services offered on the Platform.

Tokens cannot be redeemed for fiat currency and cannot be exchanged outside the Platform.

SparkFeet may change, limit or discontinue the token system, provided that users are informed in advance and their mandatory consumer rights remain unaffected. Where required by law, SparkFeet will offer a reasonable transition period or compensation.

7.5 Creator Payouts

Creators can cash out Tokens according to the Platform's payout policy.

8. Withdrawal Rights and Returns

8.1 General Information for EU/EEA Consumers

If you are an EU/EEA consumer, statutory withdrawal and return rights primarily apply in your relationship with the Seller. SparkFeet may provide tools to support communication and dispute resolution but is not the seller and is not obliged to accept returns on behalf of Sellers.

8.2 Digital Content (Including Customized Content)

For paid digital content (for example photos, videos, messages) delivered by download or streaming, your statutory 14-day withdrawal right may expire early if the legal conditions are met. Before access is granted, SparkFeet or the Seller will ask you to:

  • expressly agree that delivery of the digital content shall start before the end of the withdrawal period; and
  • expressly acknowledge that you lose your withdrawal right once delivery has started.

If this process is not followed correctly under applicable law, your statutory withdrawal right remains in place.

8.3 Services (For Example Custom Creation, Messaging)

For services, the withdrawal right may expire once the service has been fully performed, provided you:

  • explicitly asked the Seller or SparkFeet to start performance during the withdrawal period; and
  • acknowledged that you lose your withdrawal right once the contract has been fully performed.

If performance has only partially taken place when you withdraw, you may be required to pay proportionate compensation for the services already provided, where allowed by law.

8.4 Physical Goods – Exclusion or Limitation of Withdrawal

For hygiene-sensitive items (for example certain worn items) and for personalized or custom-made goods, EU consumer law allows Sellers to limit or exclude the statutory withdrawal right, provided that:

  • this exclusion is clearly communicated to the Buyer before the order is placed; and
  • all other mandatory consumer information obligations are fulfilled.

Sellers are responsible for configuring their offers (for example marking "no returns for hygiene reasons") in a way that complies with the consumer law of the Buyer's country. SparkFeet may provide technical options for this but does not give legal advice.

8.5 Legal Warranty Rights Remain

Any contractual exclusion of withdrawal or return does not affect Buyers' mandatory statutory rights in case of defective goods or services (legal warranty / conformity rights under EU law). These rights apply between Buyer and Seller and cannot be waived in advance.

9. User-Generated Content and Intellectual Property

9.1 Ownership and Licence

Users retain all intellectual property rights in the content they upload or otherwise make available on the Platform. By uploading or offering content, you grant SparkFeet a non-exclusive, worldwide, royalty-free licence, for the duration of the content's availability on the Platform, to host, store, reproduce, technically process, display and distribute the content as necessary to operate, promote and improve the Platform, including in internal test environments and backups.

9.2 Seller Licence to Buyers

Where content is sold, the Seller grants the Buyer a limited, non-exclusive, non-transferable licence to use the purchased content for personal, non-commercial purposes, unless the offer text expressly specifies broader rights. Any further use (for example redistribution, public display, resale) may require the Seller's separate consent.

9.3 Infringing Content and Notice Procedure

SparkFeet is not obliged to proactively monitor all content but may remove or block access to content that is illegal, infringes third-party rights, breaches these Terms, or is otherwise inappropriate.

If you believe that any content on the Platform infringes your rights or is unlawful, you may submit a notice under SparkFeet's complaints and content removal policy. SparkFeet will review such notices and take appropriate action in accordance with applicable law and its internal policies.

9.4 Platform Content

All content on the Platform, except for user-generated content, is owned by the Company or its licensors. You are granted a limited, non-exclusive, non-transferable license to access and use the Platform and its content for your personal, non-commercial use.

10. Marketplace Role and Liability

SparkFeet provides a technical platform where users can interact, upload content and conclude contracts with each other. SparkFeet is not a party to contracts between Sellers and Buyers and does not assume any responsibility for:

  • the existence, quality, safety, legality or conformity of content or goods offered by users;
  • the truth or accuracy of user descriptions;
  • the performance or non-performance of contractual obligations by Sellers or Buyers.

Nothing in these Terms excludes or limits liability where such exclusion or limitation would be unlawful (for example liability for intentional misconduct, gross negligence or personal injury under applicable law).

11. Dispute Resolution Between Users

Users are encouraged to resolve disputes directly between themselves. SparkFeet may voluntarily offer tools or mediation services to support dispute resolution but is not obliged to do so.

Where required by consumer law, SparkFeet will provide information about online dispute resolution platforms or official mediation bodies.

12. Termination

The Company reserves the right to terminate or suspend your account and access to the Platform if you violate these Terms or engage in prohibited conduct.

13. Disclaimers

The Company provides the Platform on an "as is" and "as available" basis. We do not guarantee the accuracy, completeness, or usefulness of any content on the Platform and disclaim all warranties, express or implied, to the extent permitted by law.

14. Limitation of Liability

The Company will not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use of the Platform.

15. Changes to Terms

We reserve the right to modify these Terms at any time. Your continued use of the Platform after any such changes constitutes your acceptance of the new Terms.

16. Governing Law

These Terms are governed by the laws of the jurisdiction in which Acus Media OÜ is headquartered, without regard to its conflict of law provisions. Jurisdiction for the Platform is Estonia.

17. Pre-Screening Process

All user-uploaded content on the Platform goes through a pre-screening process to ensure compliance with our content guidelines. This process helps us maintain a safe and respectful environment for all users. We reserve the right to reject or remove any content that violates our guidelines or is deemed inappropriate.

18. Contact Information

For any questions about these Terms, please contact us.

SparkFeet is a project by:

Acus Media OÜ | Narva mnt 5 | Tallinn 10117, Estonia

Effective Date: 2025-12-01

Please Note: SparkFeet is an ongoing project. These Terms and Conditions are subject to change.

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