Terms and Conditions.
Terms and Conditions for The Beyond the Shell Project
Last Updated: [08/02/2024]
Welcome to The Beyond the Shell Project. By accessing or using our website, located at www.thebeyondtheshellproject.com, you agree to comply with and be bound by the following Terms and Conditions. Please read these terms carefully before using our site. If you do not agree to these terms, you must not use our site.
Article 1 – Definitions
The Beyond the Shell Project- A conglomerate including The Abalone Collective, the film “Beyond the Shell”, and the Instagram page @Beyond_The_Shell.
The Abalone Collective- A subsidiary of The Beyond The Shell Project.
Artists-The natural or legal person who, by using the The Beyond The Shell Project’s “The Abalone Collective”, accepts donations of red abalone from donors and potentially sponsorships from sponsors for shipping costs;
Donors- The natural or legal person who, by using the The Beyond The Shell Project’s “The Abalone Collective”, makes Donations to Artists for the benefit of a the Artist and potentially receives sponsorships from sponsors for shipping materials;
Donations-An amount of money, donated by the Donor, in accordance with these terms and conditions;
Sponsors- The natural or legal person who, by using the The Beyond The Shell Project’s “The Abalone Collective”, directly sponsors shipping materials for donors, shipment label(s) for artists, and or farmed red abalone for donation to artists;
Sponsorship- An amount of money, directly sponsored by the sponsor to purchase shipping materials for donors, shipment label(s) for artists, and or farmed red abalone for donation to artists, in accordance with these terms and conditions;
Site- Any website, to be managed and/or be used by The Beyond The Shell Project, among which www.thebeyondtheshellproject.com;
1. Acceptance of Terms
By accessing or using The Beyond the Shell Project website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions and our Privacy Policy.
2. Donations and Contributions [The Abalone Collective]
2.1 Red Abalone Shell Donations (DONORS)
The Beyond the Shell Project provides a platform for donations of red abalone shells between donors and artists via The Abalone Collective and as such act as one joint party. By donating, you confirm that you are: (1) the rightful owner of the shells and have the legal right to transfer ownership to the artist; (2) the shells were collected legally (i.e., not stolen, poached, or looted from an archaeological site); and (3) that the shells have not crossed state boarders and remain in California [see the Lacey Act (18 U.S.C. 42)].
All donations are final, and no refunds will be issued.
The Beyond the Shell Project and thereby The Abalone Collective is not responsible for lost shipments.
The Beyond the Shell Project retains the right to refuse donations.
Donated shells will be used in accordance with our mission and project goals. We reserve the right to determine the best use of the donated materials.
Donors may request anonymity or acknowledgment on our website. Please contact us at theabalonecolelctive@gmail.com for specific requests.
2.2 Red Abalone Shell Donations (ARTISTS)
The Beyond the Shell Project provides a platform for donations of red abalone shells between donors and artists via The Abalone Collective and as such act as one joint party. By receiving abalone and submitting an application, you confirm that you are an Indigenous artist local to California.
All donations are final, and no refunds will be issued.
The Beyond the Shell Project and thereby The Abalone Collective is not responsible for lost shipments.
The Beyond the Shell Project retains the right to refuse donations.
Donated shells will be used in accordance with our mission and project goals and not sold for profit. Worked shells may be traded for non-money items within the state of California. We reserve the right to determine the best use of the donated materials when selecting artists.
2.3 Monetary Sponsorships (SPONSORS)
We welcome monetary sponsorships to support our project. These sponsorships can be made via the methods outlined on our website.
All monetary donations are non-refundable unless otherwise stated in writing.
Sponsors may request anonymity or acknowledgment on our website. Please contact us at theabalonecolelctive@gmail.com for specific requests.
3. Use of the Website
3.1 Permitted Use
You agree to use the Site for lawful purposes only and in a manner that does not infringe the rights of or restrict or inhibit the use and enjoyment of the Site by any third party.
You may view, download for caching purposes only, and print pages from the Site for your personal use, subject to the restrictions set out below and elsewhere in these Terms and Conditions.
3.2 Prohibited Use
You must not:
Republish material from this Site (including republication on another website);
Sell, rent, or sub-license material from the Site;
Reproduce, duplicate, copy or otherwise exploit material on our Site for a commercial purpose;
Edit or otherwise modify any material on the Site;
Redistribute material from this Site except for content specifically and expressly made available for redistribution.
4. Intellectual Property Rights
Unless otherwise stated, The Beyond the Shell Project owns the intellectual property rights in the Site and material on the Site. Subject to the license below, all these intellectual property rights are reserved.
You may view, download, and print pages for personal use only, and you must not republish any material without prior written consent from us.
5. Limitation of Liability
The Beyond the Shell Project will not be liable to you in relation to the contents of, use of, or otherwise in connection with this Site:
for any indirect, special, or consequential loss; or
for any business losses, loss of revenue, income, profits, or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
6. Indemnification
You agree to indemnify, defend, and hold harmless The Beyond the Shell Project, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages, and costs (including, but not limited to, legal fees) arising from your use of our Site or your breach of these Terms and Conditions.
7. Third-Party Links
Our Site may contain links to third-party websites that are not owned or controlled by The Beyond the Shell Project. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites.
You acknowledge and agree that The Beyond the Shell Project shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
8. Privacy Policy
Our Privacy Policy, which can be accessed at [Privacy Policy URL—INSERT LINK HERE——-], explains how we collect, use, and disclose information about you. By using our Site, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy.
9. Changes to These Terms
We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Site after those revisions become effective, you agree to be bound by the revised terms.
10. Governing Law
These Terms and Conditions are governed by and construed in accordance with the laws of [Jurisdiction—-INSERT THIS——], and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
11. Contact Us
If you have any questions about these Terms and Conditions, please contact us at:
Email: theabalonecollective@gmail.com