Boneyard Marketplace Policy
This Boneyard Marketplace Policy (“Boneyard Policy”) is an integral part of the Spotlight Terms and Conditions, and is incorporated into the Terms and Conditions by this reference. You should also review our Privacy Policy. By opening or accessing the Boneyard Marketplace or any Spotlight Platform, you’re agreeing to this Boneyard Policy and to the Spotlight Terms and Conditions, which are subject to change without prior written notice at any time.
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THIS POLICY (THROUGH THE INCORPORATED SPOTLIGHT TERMS & CONDITIONS REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES THROUGH THESE PLATFORMS, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS PLATFORM IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT AT LEAST 18 YEARS OF AGE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS PLATFORM OR ANY OF THE PLATFORMS’ CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
1. What is the Boneyard Marketplace?
The Boneyard Marketplace (“Boneyard”) is a Spotlight platform that connects products with advocacy, creating a retail space designed for nonprofits and individual advocates who want to expand the reach of their merchandising. Spotlight’s Boneyard Marketplace is a niche space where creators sell digital artwork, capsule collections, and cultivated drops. Spotlighters can also organize campaigns to sell merchandise to raise money for their favorite cause. Everything sold on Boneyard must follow our Fundamental Principles (see below) that honor our focus on fairness and sustainability. Of course, everything sold on Boneyard must be focused on benefiting a cause or nonprofit, because driving social good is the heart of our mission. Spotlighters come to Boneyard to purchase with intent, specifically art-driven and thoughtfully-curated products they might not find anywhere else.
Contents
1. What is the Boneyard Marketplace? 1
2. How do Boneyard Sales Benefit Causes and Nonprofits? 2
3. Selling Basics 3
A. What can be listed on Boneyard? 3
B. What cannot be listed on Boneyard? 3
C. Fundamental Principles 3
D. Additional Fundamental Principles for Art-Driven Items 4
E. Campaign-driven items 4
F. Seller Responsibilities 5
4. Fees 5
5. Privacy and Protecting Personal Information 5
6. Advertising and Search Algorithms 6
7. No Other Representations or Warranties; Non-Reliance 6
8. Miscellaneous 6
2. How do Boneyard Sales Benefit Causes and Nonprofits?
At the Boneyard Marketplace, a Seller can sell merchandise (digital or physical) and direct a portion of sales proceeds to a nonprofit or cause. As an integrated Spotlight platform, Boneyard makes it easy for Boneyard Sellers to direct sales proceeds into specific Spotlight Giving Wallets or to earmark certain sales proceeds for specific beneficiary nonprofit organizations through their own Spotlight Giving Wallet. As a consumer on the Boneyard Marketplace, a Spotlighter can buy goods like digital stickers using a credit card, or a Spotlighter might use their Giving Wallet to donate to a nonprofit and receive a digital sticker to display as a public symbol of their support. Boneyard helps you build purpose into marketing not only by seamless integration with Spotlight Giving Wallets, but also by supporting Boneyard Marketplace Campaigns. Marketplace Campaigns. Spotlight’s Marketplace Campaign feature enhances a product into a Campaign. This feature allows a Spotlighter to:
Pledge to donate a percentage of Boneyard Sales to a particular nonprofit, and
Leverage third-party matching funds to drive campaign sales.
3. Selling Basics
A. What can be listed on Boneyard?
The Boneyard is a neon-lit marketplace where emerging artists, nonprofits, and brands can offer and sell digital artwork such as digital stickers, digital merchandise, and non-fungible tokens (NFTs). Digital Merchandise and Spotlight Stickers. Spotlight stickers are non-refundable digital merchandise delivered immediately through Spotlight. Sellers selling Stickers do not need to worry about processing or delivery of items because Spotlight takes care ofthis for you. Originators of Stickers grant Spotlight a non-exclusive, royalty-free, transferable, sublicensable, worldwide license, both commercially and non-commercially. All artwork and licensed articles, specifically digital merchandise such as Spotlight Stickers, must be displayed in Boneyard.
B. What cannot be listed on Boneyard?
As a curated marketplace, Boneyard does not accept all products, even if they otherwise meet our criteria. Boneyard prohibits:
Items related to political campaign financing and fundraising
Products embedded with disinformation
Items that violate our intellectual property policies
Referral codes or classified ads
In the event that Spotlighters or Boneyard listings violate the Boneyard Policy or the Spotlight Terms & Conditions, Spotlight may remove any listing, suspend or terminate any account, and demand payment for outstanding fees.
C. Fundamental Principles
All Boneyard Sellers agree to follow the following Fundamental Principles:
1. Social Good. Spotlight works with purpose-driven brands, artists, designers, and nonprofits. To align social good with brand ethos, Sellers can designate how much of their sales go to which causes or nonprofits. Spotlight leads by example: a portion of Spotlight transaction fees supports nonprofits.
2. Integrity Standards. Seller Integrity is essential. Spotlight may revoke Seller permissions if Seller fails to meet Spotlight’s Terms & Conditions, including these integrity standards. By selling on Spotlight, you agree to the following Integrity Standards:
a. Respect Time. Sellers must complete transactions without unreasonable delay.
b. Respect Communication. Sellers must promptly respond to messages.
c. Respect Responsibility. Sellers are responsible for errors, for meeting buyers’ expectations, and for resolving disputes in a professional manner.
d. Respect Privacy. Sellers must safeguard buyers’ personal information.
e. Respect the Planet: We encourage all sellers to declare a climate emergency with the aim to be carbon neutral by 2030.
D. Additional Fundamental Principles for Art-Driven Items
Boneyard sellers agree to follow each the following additional Fundamental Principles with respect to art-driven items:
1. Originality. All art is designed by you.
2. Authorization. You must be the owner, or have the license to use, all content, including but not limited to photographs, video, and text. If you commission or license art not designed by you, such as material that is incorporated into a larger artwork designed by you, then you must have been assigned the license, right, or interest to the art by the originating artist and you must state that you have been given such license, right, or interest.
3. Attribution. You must accurately credit and describe every person involved who may hold a copyright to the artwork.
E. Campaign-driven items
Sellers can sell items in a collective effort to raise money for a nonprofit or cause vetted through Spotlight. You do not need to obtain a nonprofit’s consent before raising money to benefit that nonprofit. Boneyard Sellers of Campaign-driven items agree to use Spotlight tools to define Campaign terms such as match guidelines, eligibility requirements, and deadlines. A buyer of campaign-driven items can purchase the items directly using a credit card in the normal course of e-commerce. Alternatively, a buyer of campaign-driven items that will benefit a select nonprofit can elect to use their own Giving Wallet funds to make a direct donation to the selected nonprofit in exchange for the campaign-driven item. Of course, a buyer must have sufficient funds in their Giving Wallet to make any such transaction.
F. Seller Responsibilities
By listing a product for sale on Spotlight, Sellers agree that they are responsible for complying with all applicable laws and regulations related to the products they list for sale, including any required labels and warnings, and any applicable sales taxes. ALL
DISPUTES, CUSTOMER SERVICE, AND ALL OTHER SELLER ACTIVITIES ARE THE SOLE RESPONSIBILITY OF THE SELLER. Spotlight requires that all Sellers act with honesty and integrity, but SPOTLIGHT ASSUMES NO RESPONSIBILITY FOR THE ACCURACY, LABELING, OR CONTENT OF SELLER LISTINGS. If a Seller pledges to give any portion of ecommerce to a nonprofit, then that Seller is wholly responsible for making such a donation. Spotlight does not verify that a seller gives any pledged allocation, percentage, or donation to any given charity, and SPOTLIGHT IS NOT RESPONSIBLE OR LIABLE FOR ANY FAILURE OF A SELLER TO GIVE ANY PLEDGED AMOUNT TO A NONPROFIT. Transfers directly from a Giving Wallet go directly to approved nonprofits.
4. Fees
To help support Boneyard, Sellers are charged a few fees. See fees at Pricing page. In addition, Sellers must have a Stripe account connected to their Spotlight profile. Sellers are responsible for all Stripe fees. A beneficiary organization does not need to have a presence on Spotlight or Boneyard to receive donations or portions of Boneyard sales proceeds. However, Organizations can subscribe to Spotlight to facilitate their own campaigns and to have a more active and visible presence on Spotlight. See fees at Pricing page.
5. Privacy and Protecting Personal Information
See the Spotlight Privacy Policy, which applies to Boneyard Marketplace. Your public profile is public, and anything that is posted to your public profile is visible to others who use or access the Platforms. Sellers are required to protect any personal and confidential information they receive or process, and must comply with all relevant legal requirements. These laws may require that Sellers post and comply with Sellers’ own privacy policies, which must be accessible to Spotlight users with whom they interact. Sellers’ privacy policies must also be compatible with this Boneyard Policy and all of Spotlight’s Terms & Conditions. Sellers must have buyers’ consent to handle buyers’ personal information. Sellers are responsible for unauthorized disclosure if Sellers disclose personal information without the buyer’s proper consent. Without the buyer’s consent and subject to Spotlight Terms & Conditions, Seller may not add any Spotlight user to Seller’s email or physical mailing list, use that buyer’s identity for marketing, or obtain or retain any payment information.
It is Seller’s responsibility to understand the standard of consent required in any given instance.
6. Advertising and Search Algorithms
We do not offer any search listing algorithm or any special placement features aside from paid banner space. To be more discoverable and increase awareness for your products and campaigns, contact our sales team at people@spotlight.xyz.
7. No Other Representations or Warranties; Non-Reliance
EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS POLICY AND THE SPOTLIGHT TERMS & CONDITIONS,
(A) NEITHER SPOTLIGHT, THE BONEYARD MARKETPLACE, NOR ANY OTHER PERSON ON SUCH PARTIES’ BEHALF, HAS MADE OR MAKES ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY, EITHER ORAL OR WRITTEN, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, TRADE OR OTHERWISE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, AND
(B) EACH USER OF SPOTLIGHT AND/OR THE BONEYARD MARKETPLACE, BY ACCESSING AND USING SPOTLIGHT AND/OR THE BONEYARD MARKETPLACE, ACKNOWLEDGES THAT IT HAS NOT RELIED UPON ANY REPRESENTATION OR WARRANTY MADE BY SPOTLIGHT AND/OR THE BONEYARD MARKETPLACE, OR ANY OTHER PERSON ON SUCH THEIR BEHALF, EXCEPT AS SPECIFICALLY PROVIDED IN THIS POLICY.
8. Miscellaneous
A. In the absence of a specific statement in this Boneyard Policy, the Spotlight Terms & Conditions shall apply.
B. Assignment. You will not assign any rights or delegate any obligations under this Boneyard Policy without our prior written consent. Any purported assignment or delegation in violation of this provision is null and void. No assignment or delegation relieves you of any of your obligations under this Boneyard Policy.
C. No Waivers. The failure by us to enforce any right or provision of this Boneyard Policy will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Spotlight.
D. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
E. Notices.
1. To You. We may provide any notice to you under this Boneyard Policy by:
i. sending a message to the email address you provide or
ii. by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
2. To Us. To give us notice under these Terms, you must contact us as follows:
i. by email to people@spotlight.xyz; or
ii. by personal delivery, overnight courier, or registered or certified mail to The Spotlight Fund, 681 San Rodolfo Drive #1060, Solana Beach, CA 92075. We may update the email or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by email or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
F. Severability. If any provision of this Boneyard Policy is ruled invalid, illegal, void or unenforceable, then that provision will be deemed severed and the remaining provisions shall be enforced.