General Platform Policies

  1. Organizations Receiving Donations

    The Platforms are expressly owned and operated by Spotlight. Unless otherwise noted, the design and content of the Platforms, including without limitation information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software, URLs, and the like, as well as the selection, assembly, and arrangement thereof, are owned by Spotlight or are licensed by Spotlight from third parties. The Platforms, as a whole and in part, are protected by copyright, trademark, service mark, trade name, and other intellectual property and proprietary rights. All rights reserved.

  2. Content and Spotlighter Generated Content

    In using the Platforms, Spotlighters may have the opportunity to post, publish, stream, display, or transmit photos, videos, comments, ideas, remarks, questions, data, graphics, opinions, designs, customizations, or other content on the Platforms (collectively “Spotlighter Generated Content”). You understand and acknowledge that you are responsible for all Spotlighter Generated Content you submit or contribute, and that your Spotlighter Generated Content must comply with the content standards set out in these Terms and Conditions.

    As a Spotlighter, you alone are responsible for monitoring your own Spotlighter Generated Content to ensure compliance with the Terms and Conditions and you retain ownership to all of your Spotlighter Generated Content. However, Any User Contribution you post to the Spotlight Platforms will be considered non-confidential and non-proprietary: by submitting Spotlighter Generated Content to Spotlight, you hereby grant Spotlight a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, publicly display, derive revenue or other remuneration from, and communicate to the public, your Spotlighter Generated Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right, including moral rights, that may exist in your Spotlighter Generated Content. Spotlight shall have the right to “roll up” various benchmarking results of Spotlighters’ use of the Platforms for use in the ordinary course of Spotlight’s business such as benchmark reporting. The results shall be aggregated and anonymized and not identifiable or tied to any specific Spotlighter.

    1. You warrant to Spotlight that the holder of any intellectual property right, including moral rights, in your Spotlighter Generated Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.

    2. In addition, you represent and warrant to Spotlight that you will abide by Spotlight’s Terms and Conditions, and will not:

      1. provide Spotlighter Generated Content that is obscene, indecent, defamatory, libelous, unlawfully threatening or unlawfully harassing, or infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

      2. engage in any conduct that is deceptive or is likely to deceive any person;

      3. create any liability for Spotlight or cause Spotlight to lose (in whole or in part) the services of its Internet Service Provider(s), web hosting company or any other vendors or suppliers;

      4. engage in any conduct that, in Spotlight’s sole judgment and discretion, restricts or inhibits any other Spotlighter from using or enjoying the application or services;

      5. use the Platforms or Services to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

      6. interfere with or disrupt any servers or networks used to provide the Platforms or their respective features, or disobey any requirements of the networks Spotlight uses to provide the Platforms;

      7. gain unauthorized access to the Platforms, or any account, computer system, or network connected to the Platforms or Services, by any unauthorized or illegal means;

      8. obtain or attempt to obtain any materials or information not intentionally made available through the Platforms;

      9. use the Platforms to post, transmit, or in any way exploit any information, software or other material for commercial purposes, or that contains advertising, except that using the application for charitable fundraising activities is expressly permitted;

      10. engage in advertising or commercial solicitation of any product or service without Spotlight’s written consent, except that using the Platforms for fundraising activities is expressly permitted;

      11. gather for commercial marketing purposes any email addresses or other personal information posted by other Spotlighters;

      12. post any identification documents or sensitive information about another person.

    3. Spotlight shall have the right, but no obligation, to monitor Spotlighter Generated Content and other features of the Platforms to determine compliance with these Terms & Conditions and any other operating rules we establish. Spotlight shall have the right in its sole discretion to edit, refuse to post, or remove any material submitted to or posted through the Platforms or Services. We do not control any Spotlighter Generated Content that you or other Spotlighters may provide. Spotlight neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the Spotlighter Generated Content, whether it is provided by Spotlight, our employees, or a third party.

    4. Under no circumstances will Spotlight be liable for any loss or damage of any kind caused by reliance on information obtained through Spotlighter Generated Content. Spotlight is not responsible for any offensive, defamatory, obscene or any other posting made through the application. We reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, for any or no reason or that in Spotlight’s sole discretion is inappropriate, objectionable or in violation of these terms. Any Spotlighter who feels that a posted message is objectionable is encouraged to contact us immediately by email at people@spotlight.xyz.

    5. We have the right to:

      1. Remove or refuse to post any Spotlighter Generated Content for any or no reason in our sole discretion.

      2. Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms & Conditions, including the content standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform or the public or could create liability for the Company.

      3. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

      4. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.

      5. Terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of these Terms & Conditions.

    6. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

    7. However, we do not undertake to review all material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

    8. Spotlight is a provider of an interactive computing service as set forth in the Communications Decency Act, 47 U.S.C. §230, and expressly reserves its rights to not be treated as the publisher or speaker of any information provided by another information content provider on the Platforms.

  3. Feedback

    You agree that submission of any ideas, suggestions, documents, and/or proposals to Spotlight (“Feedback”) is at your own risk and that Spotlight has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit Feedback. You hereby grant to Spotlight a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights. You may send Feedback to people@spotlight.xyz.

  4. Recordkeeping

    Spotlight offers secure online access to accounts and will provide confirmations of all transactions. While Spotlight maintains these records for active Spotlighters, donors are advised to also save these confirmation receipts for their own records.

    Spotlight also provides other financial information or reports required by law, as well as annual summaries of contributions.

    Spotlighters and donors are fully responsible for any value they claim as a deduction or otherwise on their individual tax returns.

  5. Content not to be construed as a solicitation or recommendation

    As a content platform, Spotlight is the messenger for content. Information found on the Platforms, including but not limited to Spotlighter Generated Material, is for informational purposes only without regard to any particular Spotlighter’s objectives, financial situation, or means, and Spotlight is not soliciting any action based upon it. Information or material found on the Platforms is not to be construed as a recommendation, offer, or solicitation from Spotlight, which has not verified this information and does not represent that this information is accurate, current, or complete, and such information should not be relied upon as such.

    You should not construe any material on the Platforms as business, financial, investment, legal, regulatory, tax, or accounting advice. You should not make any material on the Platforms the primary basis for any investment decisions. You should consult your own business, legal, tax, and/or accounting advisors concerning any contemplated transactions.

  6. System Outages and Slowdowns

    We may not operate 24/7. Without notice, we may experience outages or slowdowns due to routine Platform maintenance, or because of high Internet traffic, transmission problems, capacity limitations, or other issues.

  7. Changes to Terms & Conditions

    We may revise and update these Terms & Conditions from time to time in our sole discretion. All changes are effective immediately when we post them.

    Your continued use of the Platforms following the posting of revised Terms & Conditions means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

  8. Accessing the Platforms and Account Security

    We reserve the right to withdraw or amend the Platforms, and any service or material we provide on the Platforms, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platforms are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platforms, or the entirety of the Platforms, to users, including registered users.

    You are responsible for both:

    • Making all arrangements necessary for you to have access to the Platforms.

    • Ensuring that all persons who access the Platforms through your internet connection are aware of these Terms & Conditions and comply with them.

    To access the Platforms or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platforms that all the information you provide on the Platforms is correct, current and complete. You agree that all information you provide to register with the Platforms or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our [Privacy Policy], and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

    If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Platforms or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

    We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms & Conditions.

  9. Prohibited Uses

    You may use the Platforms only for lawful purposes and in accordance with these Terms & Conditions. You agree not to use the Platforms:

    1. In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

    2. For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

    3. To send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards set out in these Terms & Conditions.

    4. To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

    5. To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).

    6. To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platforms, or which, as determined by us, may harm the Company or users of the Platforms, or expose them to liability.

    7. Additionally, you agree not to:

    8. Use the Platforms in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Platforms, including their ability to engage in real time activities through the Platforms.

    9. Use any robot, spider or other automatic device, process or means to access the Platforms for any purpose, including monitoring or copying any of the material on the Platforms.

    10. Use any manual process to monitor or copy any of the material on the Platforms, or for any other purpose not expressly authorized in these Terms & Conditions, without our prior written consent.

    11. Use any device, software or routine that interferes with the proper working of the Platforms.

    12. Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

    13. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platforms, the server(s) on which the Platforms are stored, or any server, computer or database connected to the Platforms.

    14. Attack the Platforms via a denial-of-service attack or a distributed denial-of-service attack.

    15. Otherwise attempt to interfere with the proper working of the Platforms.

  10. Copyright Infringement

    If you believe that any Spotlighter Generated Content violates your copyright, please email people@spotlight.xyz to provide us with notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

  11. Reliance on Information Posted

    The information presented on or through the Platforms is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platforms, or by anyone who may be informed of any of its contents.

    The Platforms includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

  12. Geographic Restrictions

    The owner of the Platforms is based in the State of California in the United States. We provide the Platforms for use only by persons located in the United States. We make no claims that the Platforms or any of their content is accessible or appropriate outside of the United States. Access to the Platforms may not be legal by certain persons or in certain countries. If you access the Platforms from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

  13. Disclaimer of Warranties

    You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platforms will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORMS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORMS OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY PLATFORMS LINKED TO THEM.

    YOUR USE OF THE PLATFORMS, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORMS IS AT YOUR OWN RISK. THE PLATFORMS, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORMS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PLATFORMS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORMS, THEIR CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORMS WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORMS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORMS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

    THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

    THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  14. Limitation on Liability

    TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORMS, ANY PLATFORMS LINKED TO THEM, ANY CONTENT ON THE PLATFORMS OR SUCH OTHER PLATFORMS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORMS OR SUCH OTHER PLATFORMS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

    THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  15. Indemnification

    You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising under or out of, resulting from, or relating to (1) your violation of these Terms and Conditions, related Policies such as the Boneyard Marketplace Policy and the Privacy Policy; (2) your use of the Platforms, including, but not limited to, your Spotlighter Generated Content or other Spotlighter Generated Content, any use of the Platforms’ content, services and products other than as expressly authorized in these Terms & Conditions; (3) your use of any information obtained from the Platforms; (4) your actual or alleged infringement or violation of any patents, copyrights, trade secrets, licenses, or other intellectual property rights of a third-party, or any privacy or data security rights of a third party including but not limited to Spotlight users and buyers of merchandise listed on Spotlight platforms such as Boneyard; (5) any breach of your representations, warranties, duties and obligations, or provisions of the Spotlight Terms & Conditions or other policy such as the Boneyard Policy or Privacy Policy; or (6) Seller’s failure to comply with Seller’s obligations under any and all laws, rules or regulations applicable to Seller.

  16. Governing Law & Arbitration

    1. These Terms & Conditions shall be governed by and construed in accordance with the internal laws of the State of California.

    2. YOU, SPOTLIGHT, AND BONEYARD ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

    3. ANY CLAIM, DISPUTE, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS, OR TO YOUR USE OF THE PLATFORMS, APPS, OR WEBSITES, OR TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE PLATFORMS, APPS, OR WEBSITES WILL BE SETTLED BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.

    4. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

    5. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

    6. If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.

    7. If your claim qualifies for small-claims court, then you may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of the relevant purchase through the Platforms or of the event or action underlying the claim. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.

    8. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR SPOTLIGHT OR BONEYARD WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER INDIVIDUALS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

    9. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

  17. Violation of Terms & Conditions

    Spotlight reserves the right to mute, decrease visibility, deactivate, suspend, or terminate your Platform accounts, profiles, or Boneyard shops, and to remove or refuse to post any of your Spotlighter Generated Content, and to take any other action Spotlight deems necessary or appropriate, at any time, including but not limited to in connection with unusual activity or violations of the Spotlight Terms & Conditions as may be determined in the sole discretion of Spotlight. Unless there are legal or regulatory reasons that prevent doing so, Spotlight will make reasonable efforts to communicate information to you about the issue, but you understand that there may be times when Spotlight may take action before being able to communicate with you.

  18. California Residents Waiver and Release

    California residents must, as a condition of this Agreement, waive the applicability of California Civil Code Section 1542 for unknown claims which states: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN THEIR FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY THEM, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” You acknowledge that you have read and understand Section 1542 of the California Civil Code, and you expressly waive this section of the California Civil Code and any similar provision in law, regulation or code that has the same effect or intent as the foregoing release and agree and acknowledge that you are waiving and relinquishing all rights and benefits of such statute.

  19. Miscellaneous

    1. Waiver and Severability

      No waiver of by the Company of any term or condition set forth in these Terms & Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms & Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms & Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms & Conditions will continue in full force and effect.

    2. Entire Agreement

      The Terms & Conditions, our Privacy Policy, Terms of Sale, and Boneyard Marketplace Policy, and any other Policies provided on our Platforms constitute the sole and entire agreement between you and The Spotlight Fund with respect to the Platforms and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platforms.

    3. Your Comments and Concerns

      The Platforms are operated by The Spotlight Fund, 125 S HWY 101 SUITE 101, Solana Beach, California 92075.

      All other feedback, comments, requests for technical support and other communications relating to the Platforms should be directed to: people@spotlight.xyz.