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Terms of Service

Last Updated: April 09, 2026

PRANKS LLC (DBA Spark Your Insta, Spark Media, Pixelize)

1.  Term and Termination 

This Marketing Services Agreement (“Agreement”) is hereby entered into between Spark Media and ("Client") and applies to the purchase of all Marketing Services provided by Spark Media during the term of this agreement (hereinafter referred to as “Marketing Services”) ordered by the Client. 

This Agreement shall be effective as of the time frame the Client signs up for Marketing Services. The initial term of this Agreement shall be for one month, and it shall automatically renew for successive one-month terms unless either party provides written notice of termination at least 30 days prior to the end of the current term. However, this Agreement may beterminated by either party at any time, with or without cause, upon 30 days written notice to theother. Either party may also terminate the Agreement if (i) the other party commits a material breach of this Agreement and such party does not cure the breach within 30 days of written notice from the non-breaching party of such breach. This Agreement may also be terminated by SparkMedia (i) immediately if the Client fails to pay any fees hereunder or (ii) if the Client fails to cooperate with Spark Media or hinders Spark Media’s ability to perform any Marketing Services hereunder. If the agreement is terminated by Spark Media prior to the end of the term, the Client will be refunded the prorated fee minus 20% of the package price.

2.  Marketing Services 

2.1 You may not access or use the Site for any purpose other than that for which we make the site and our services available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. The use cases mentioned below must be avoided at all times. Those actions are strictly prohibited and a clear breach of these terms of service.

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2.2 As a user of this Site, you agree not to:

  • Systematically retrieve data or other content from the Site to a compile database or directory without written permission from us

  • Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts under false pretenses

  • Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use

  • Engage in unauthorized framing of or linking to the Site

  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords

  • Make improper use of our support services, or submit false reports of abuse or misconduct

  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools

  • Interfere with, disrupt, or create an undue burden on the Site or the networks and services connected to the Site

  • Attempt to impersonate another user or person, or use the username of another user

  • Use any information obtained from the Site in order to harass, abuse, or harm another person

  • Use the Site or our content as part of any effort to compete with us or to create a revenue-generating endeavor or commercial enterprise

  • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site

  • Attempt to access any portions of the Site that you are restricted from accessing

  • Harass, annoy, intimidate, or threaten any of our employees, agents, or other users

  • Delete the copyright or other proprietary rights notice from any of the content

  • Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code

  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site, or any material that acts as a passive or active information collection or transmission mechanism

  • Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools

  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site

  • Use the Site in a manner inconsistent with any applicable laws or regulations

  • Threaten users with negative feedback or offering services solely to give positive feedback to users

  • Misrepresent experience, skills, or information about a User

  • Advertise products or services not intended by us

  • Falsely imply a relationship with us or another company with whom you do not have a relationship

  • Attempt to use a social media account not owned by you

  • Attempt to use this service for commercial purposes

  • Attempt to use this service to harm others, including manipulating engagements of accounts that you do not own

  • Attempt to use this service for purposes rather than self-entertainment
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2.3 Permitted Uses

  • The services provided by Spark Media are intended solely for personal use and self-entertainment. You may use the services for your own personal social media accounts only.

  • Commercial use of the services, including but not limited to promoting businesses, brands, or other entities, is strictly prohibited.

  • You may not use the services on behalf of another person, whether for personal or business purposes. Each user must use the services only for their own social media accounts.

  • Any violation of these permitted uses may result in the termination of your access to the services without notice, and Spark Media disclaims any liability for such misuse.
     

​2.4 Strict Prohibition of Commercial Use

Spark Media provides its services exclusively for personal, non-commercial use. Any commercial use of our products or services is strictly prohibited. To ensure compliance with applicable laws and to safeguard our users, we firmly enforce the following terms:
 

You agree not to use our products or services for any commercial purpose. This includes, but is not limited to:

  • Promoting or advertising any business, product, or service

  • Generating income or revenue

  • Gaining any form of commercial benefit

  • Influencing potential customers or business partners

You may not use any social media metrics or indicators obtained through our services (such as followers, likes or views) to represent your influence, standing, or importance in any commercial context.

You acknowledge that the use of fake or artificially inflated social media metrics for any commercial purpose may be deemed an unfair or deceptive practice under applicable laws.

If you are a business or acting on behalf of a business entity, you are strictly prohibited from using our services.

Spark Media reserves the right to terminate services immediately if any user is found to be violating this clause or any applicable laws regarding the commercial use of social media metrics.

Users are solely responsible for ensuring that their use of our services complies with all applicable laws and regulations, including those related to unfair or deceptive commercial practices.

By using our services, you affirm that you understand and agree to these terms and that your use of our services is solely for personal, non-commercial purposes.

3. Content You Provide to Us

3.1 There may be opportunities for you to post content to the Site or send feedback to us (User Content). You understand and agree that your User Content may be viewed by other users on the Site, and that they may be able to see who has posted that User Content.

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3.2 You warrant that any User Content does comply with our Acceptable Use Policy, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.

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3.3 We have the right to remove any User Content you put on the Site if, in our opinion, such User Content does not comply with the Acceptable Use Policy.

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3.4 We are not responsible and accept no liability for any User Content including any such content that contains incorrect information or is defamatory or loss of User Content. We accept no obligation to screen, edit or monitor any User Content but we reserve the right to remove, screen and/or edit any User Content without notice and at any time. User Content has not been verified or approved by us and the views expressed by other users on the Site do not represent our views or values.

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3.5 If you wish to complain about User Content uploaded by other users please contact us at contact@sparkmedia.biz.

4. Marketing Services

Spark Media agrees to provide the Client with marketing services as described in this Agreement. Marketing services may include but are not limited to social media growth, social media management, content creation, digital advertising, search engine optimization, email marketing, and influencer campaigns. The specific scope of marketing services shall be detailed in an addendum to this agreement, which shall be mutually agreed upon by both parties.

5. Fees; Limitations on Refunds and Cancellation Fees 

The Client agrees to pay Spark Media any and all fees as billed in accordance with this Agreement. The fees must be received prior to the start of any marketing services. The Client further agrees that, in the event of any termination of this agreement by the Client, no refunds shall be given under any circumstances whatsoever. The Client further agrees to pay upon cancellation the amount of any cancellation fees or other amounts due to Spark Media as provided in the agreement. Spark Media is hereby authorized to charge the Client’s credit card account or other payment mechanism for any amounts owed from time to time by the Client to Spark Media. Spark Media shall provide the Client with detailed invoices for all fees and expenses incurred under this Agreement.

6. Customer Acknowledgements 

The Client understands, acknowledges, and agrees that: 

- Spark Media has no control over the policies of search engines or directories with respect to the type of sites and/or content that they accept now or in the future. 

- The Client's website(s), Instagram accounts, and Facebook accounts may be excluded from any search engine or directory at any time at the sole discretion of the search engine or directory entity. 

- The success of the marketing services may vary depending on various factors, including the client's industry, target audience, and competitive landscape. 

- The Client must actively engage with their social accounts, including posting, creating stories, reels, and being tagged in posts, to maximize the benefits of Marketing Services. 

- Spark Media may use artificial intelligence and automated tools to target and attract followers to the Client's social media accounts. 

- Spark Media is not responsible for rewriting sentences, restructuring paragraphs, or checking for typing errors or misspellings in articles created by third parties or the Client. 

- Spark Media is not responsible for changes made to the Client's website(s) or accounts by other parties. 

- Spark Media is not responsible for any technical issues arising from third-party hosting companies. 

- Spark Media is not responsible for any lost followers once an order is completed. 

- Spark Media does not guarantee a specific number of followers, likes, or engagements on social media platforms. 

- The Client shall provide Spark Media with access to their social media accounts and any other necessary information or materials required to perform the Marketing Services. 

7. Indemnification, Limited Liability, Customer Representations

7.1 The Client shall indemnify and hold harmless Spark Media (and its subsidiaries, affiliates, officers, agents, co-branders, or other partners, and employees) from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) incurred by Spark Media as a result of any claim, judgment, or adjudication against Spark Media related to or arising from (a) any photographs, illustrations, graphics, audio clips, video clips, text, data, or any other information, content, display, or material (whether written, graphic, sound, or otherwise) provided by the Client to Spark Media (the “Client Content”), or (b) a claim that Spark Media’s use of the Client Content infringes the intellectual property rights of a third party. The Client shall promptly notify Spark Media in writing of any such claim and shall cooperate fully with Spark Media in the defense of such claim. 

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7.2 Disclaimer of All Other Warranties – Spark Media does not warrant that its services will meet the Client’s expectations or requirements. The entire risk as to the quality and performance of the Marketing Services is with the Client. Except as otherwise specified in this agreement, Spark Media provides its services “as is” and without warranty of any kind. The parties agree that (a) the limited warranties set forth in this section are the sole and exclusive warranties provided by 

each party, and (b) each party disclaims all other warranties, express or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose, relating to this agreement, performance, or inability to perform under this agreement, the content, and each party’s computing and distribution system. Spark Media does not guarantee the results of any Marketing Services or the accuracy, completeness, or usefulness of any information or content 

provided as part of the Marketing Services. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. 

7.3 In no event shall Spark Media be liable to the Client for any indirect, special, exemplary, or consequential damages, including any implied warranty of merchantability or fitness for a particular purpose or implied warranties arising from the course of dealing or course of performance, lost profits, whether or not foreseeable or alleged to be based on breach of warranty, contract, negligence, or strict liability, arising under this agreement, or any performance under this agreement. There shall be no refunds. Spark Media makes no warranty of any kind, whether express or implied, with regard to any third-party products or third-party content. The Client acknowledges and agrees that the entire risk arising out of the use of the Marketing Services, including but not limited to the risk of physical harm, remains with the Client. The Client agrees that the liability of Spark Media, if any, arising out of any kind of legal claim (whether in contract, tort, or otherwise) shall not exceed the amount paid by the Client to Spark Media under this Agreement for the specific Marketing Services giving rise to such claim. 

7.4 The Client makes the following representations and warranties for the benefit of Spark Media: 

- The Client has the right, power, and authority to enter into this Agreement and to perform all of its obligations hereunder. 

- The Client has obtained all necessary rights, licenses, permissions, and consents to use, reproduce, display, distribute, or otherwise exploit any content provided by the Client to Spark Media as part of the Marketing Services. 

- The Client's use of the Marketing Services, including any content provided by the Client, does not and will not infringe or violate the rights of any third party, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, or other proprietary rights. 

- The Client shall comply with all applicable laws, regulations, and industry standards in connection with its use of the Marketing Services. 

8. Confidentiality, Force Majeure, Relationship of Parties, Notice & Payment, Jurisdiction/Disputes 

8.1 The parties agree to hold each other’s Proprietary or Confidential Information in strict confidence. “Proprietary or Confidential Information” shall include, but is not limited to, written or oral contracts; trade secrets; know-how; business methods; business policies; memoranda; reports; records; computer-retained information; notes; or financial information. Proprietary or Confidential Information shall not include any information which: (i) is or becomes generally known to the public by any means other than a breach of the obligations of the receiving party; (ii) was previously known to the receiving party or rightly received by the receiving party from a third party; (iii) is independently developed by the receiving party; or (iv) is subject to disclosure under court order or other lawful process. The parties agree not to make each other’s proprietary or confidential information available in any form to any third party or to use each other’s proprietary or confidential information for any purpose other than as specified in this Agreement. Each party’s proprietary or confidential information shall remain the sole and exclusive property of that party. The parties agree that in the event of use or disclosure by the other party other than as specifically provided for in this Agreement, the non-disclosing party may be entitled to equitable relief. Notwithstanding termination or expiration of this Agreement, Spark

Media and the Client acknowledge and agree that their obligations of confidentiality with respect to proprietary or confidential information shall continue in effect for a total period of three (3) years from the effective date. 

8.2 Neither party will be liable for, or will be considered to be in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions that are beyond such Party’s reasonable control and that such Party is unable to overcome through the exercise of commercially reasonable diligence. If any force majeure event occurs, the affected Party will give prompt written notice to the other Party and will use commercially reasonable efforts to minimize the impact of the event. 

8.3 Spark Media, in rendering performance under this Agreement, shall be deemed an independent contractor, and nothing contained herein shall constitute this arrangement to be employment, a joint venture, or a partnership. The Client does not undertake by this Agreement, or otherwise, to perform any obligation of Spark Media, whether by regulation or contract. In no way is Spark Media to be construed as the agent or to be acting as the agent of the Client in any respect, any other provisions of this Agreement notwithstanding 

8.4 Any notice required to be given under this Agreement shall be in writing and delivered personally to the other designated party, mailed by certified, registered or Express mail, return receipt requested, or by Federal Express. Either party may change its address to which notice or payment is to be sent by written notice to the other under any provision of this paragraph. 

8.5 This Agreement shall be governed in accordance with the laws of the State of Tennessee. All disputes under this Agreement shall be resolved by litigation in the courts of the State of Tennessee, including the federal courts therein, and the Parties all consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to them. 

9. Agreement Binding on Successors

The provisions of the Agreement shall be binding upon and shall inure to the benefit of the Parties hereto, their heirs, administrators, successors, and assigns. 

10. Assignability

The Client may not assign this Agreement or the rights and obligations thereunder to any third party without the prior express written approval of Spark Media. Spark Media reserves the right to assign subcontractors as needed to this project to ensure on-time completion. 

11. Disclaimer for Services

11.1 Spark Media is not affiliated with Instagram, TikTok, YouTube, Facebook, or any of their respective third-party partners in any way.

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11.2 It is your sole responsibility to comply with Instagram, TikTok, YouTube, and Facebook rules and any applicable legislation that you are subject to. You use Spark Media at your own risk.

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11.3 We are not responsible for your actions and their consequences. We are not liable if your Instagram, Facebook, YouTube, or TikTok account is banned, restricted, or otherwise impacted for any reason related to your use of our services.

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11.4 We require your public Instagram, TikTok, Facebook, or YouTube page/profile details (username, video URL, channel URL, etc.) to obtain the necessary information for the Instagram, Facebook, YouTube, or TikTok API. We do not store, give away, or otherwise distribute your username to any third parties beyond what is necessary to provide the service.

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11.5 The expected number of followers, likes, subscribers, and views is not guaranteed to you in any way. The numbers provided are estimates and may vary.

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11.6 We cannot guarantee the continuous, uninterrupted, or error-free operability of our services. Any interruption in service due to circumstances beyond our control, including the actions of third-party providers, does not entitle you to a refund or compensation.

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11.7 It is the sole responsibility of the customers to ensure their accounts are set to "public" during their use of the Spark Media service. Any downtime of service in relation to a client changing their profile to "private" will not result in any payment reimbursement for that period of time.

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11.8 By purchasing our service, you clearly understand and agree on what you are purchasing and agree not to file a fraudulent dispute via the payment processor.

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11.9 We reserve the right to modify, suspend, or withdraw the whole or any part of our service or any of its content at any time without notice and without incurring any liability.

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11.10 We use third-party advertising services to provide our services. While we take reasonable steps to ensure the quality and authenticity of these services, we cannot guarantee that the engagements (such as followers, likes, or views) provided by third-party vendors are genuine and not artificially generated. You acknowledge that the use of these services is at your own risk.

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11.11 We do not use software tools to create accounts, profiles, etc. If any of our third-party vendors use such tools, we are not responsible for their actions. We disclaim any liability for outcomes resulting from the use of such tools by third-party vendors.

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11.12 Spark Media explicitly disclaims any responsibility for the actions of third-party providers and the authenticity of social media engagements they supply. You agree to hold Spark Media harmless from any claims, damages, or liabilities arising from the use of third-party services, including but not limited to the provision of fake or inauthentic engagements.

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11.13 We do not intentionally use or promote fake social media interactions or engagements. We consciously and purposefully direct real and advertising-based engagements from reputable third-party providers. We make every effort to ensure that these engagements are genuine and in compliance with platform policies. However, if these engagements are later found to be inauthentic or non-compliant, we do not accept responsibility or liability for such occurrences, as we rely on third-party providers to supply these services.

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11.14 Notwithstanding our efforts to ensure the quality and authenticity of the services provided, we acknowledge that there are inherent limitations and exceptions that may prevent us from conducting exhaustive checks on each transaction. Due to the reliance on third-party providers, whose performance and adherence to quality standards are beyond our control, we cannot guarantee the authenticity or compliance of every engagement. Consequently, we expressly disclaim any liability for any inauthentic or non-compliant engagements that may result from the failure of third-party services. This disclaimer applies even in circumstances where we might have had reason to verify the quality or where such verification would have been expected under normal business practices.

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11.15 If you have any concerns about our services and terms, you can contact us at: 5400 Poplar Ave. Memphis, TN 38119 – United States.

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11.16 It is your sole responsibility to check whether the Terms have changed. Your continued use of the service after any changes to these Terms constitutes acceptance of those changes.

12. Waiver 

No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same or other provisions of this Agreement. 

13. Legal Compliance and Disclosure of Information

13.1 We are committed to complying with applicable laws and regulations. If we receive a lawful request from a government authority, law enforcement agency, or court of law for information regarding the misuse of our services, including but not limited to identifying the user responsible for such misuse, we reserve the right to disclose the requested information in accordance with applicable laws.

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13.2 We will only disclose information if we are legally required to do so and after ensuring that the request is valid and complies with applicable legal standards. We may notify the user of such requests if allowed by law, but we are under no obligation to do so.

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13.3 By using our services, you acknowledge and agree that we may disclose your information if required by law or in response to a valid request by a government authority or law enforcement agency.

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13.4 For the matters outlined in the sections above where we disclaim liability or responsibility, particularly in cases of misuse or violations of our Terms and Conditions, we reserve the right to cooperate fully with any lawful requests from authorities. This may include sharing relevant information about the user or the specific account in question. Such cooperation is in line with our commitment to enforcing our Terms and ensuring that our services are used in compliance with applicable laws and regulations.

14. No Inference Against Author 

No provision of this Agreement shall be interpreted against any Party because such Party or its legal representative drafted such provision. 

15. Indemnification

You agree to indemnify, defend, and hold harmless Spark Media, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

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  1. Your use of and access to the Services, including any data or content transmitted or received by you;

  2. Your violation of any term of these Terms and Conditions, including without limitation your breach of any of the representations and warranties herein;

  3. Your violation of any third-party right, including without limitation any intellectual property right, privacy right, or other proprietary right;

  4. Any claim that your use of the Services caused damage to or violated the rights of a third party;

  5. The actions or omissions of any third-party service providers engaged by you or on your behalf in connection with the Services, including any claims or damages resulting from the quality, accuracy, or reliability of third-party services;

  6. Your violation of any applicable law, rule, or regulation in connection with your use of the Services;

  7. Any content that you submit, post, or otherwise transmit through the Services;

  8. Any misrepresentation made by you, or any act or omission that is fraudulent, negligent, or violates these Terms and Conditions.

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This indemnity obligation will survive the termination or expiration of these Terms and Conditions and your use of the Services.

16. Dispute Resolution

16.1 The Client and Spark Media agree to make a good-faith effort to resolve any disagreement arising out of, or in connection with, this Agreement through negotiation. Should the parties fail to resolve any such disagreement within ten (10) days, any controversy or claim arising out of or relating to this Agreement, including, without limitation, the interpretation or breach thereof, may be submitted for judicial determination in Shelby County, Tennessee, by either party. 

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16.2 No Class Actions: All claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims or otherwise preside over any form of a class, collective, or representative proceeding.

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16.3 Governing Law: The dispute resolution process and any arbitration conducted under this section shall be governed by the laws of Dubai, United Arab Emirates.

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16.4 Exceptions: Notwithstanding the foregoing, Spark Media reserves the right to seek injunctive relief in any court of competent jurisdiction to protect its intellectual property rights or to prevent unauthorized access to or misuse of its services.
 

16.5 Confidentiality: All aspects of the mediation and arbitration process, including any documents prepared or produced in relation to the dispute, shall be kept confidential and shall not be disclosed to any third party, except as necessary to enforce the decision or as required by law.

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16.6 Each Party acknowledges that it has read and understands this Agreement and agrees to be bound by its terms and conditions. The parties enter into this Agreement voluntarily and with a full understanding of its effect. This Agreement supersedes any prior agreements, understandings, or representations between the parties concerning the subject matter hereof. 
 

All users using Spark Media and all visitors to the website are deemed to have accepted these terms.

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