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the fine print, minus the fog

Terms of Service

Effective date: June 4, 2026

These are the rules for using our website and vendor platform. Each section includes a plain-English summary, because legal documents should be readable by the people they apply to. The full text controls.

1. Acceptance of Terms

By accessing or using frostshopmarketplace.com, the Frost Shop Marketplace vendor portal, booking system, or any related applications, APIs, or services (collectively, "the Services"), you agree to these Terms of Service and to comply with all applicable laws. If you do not agree, please do not use the Services.

In plain English: using the site means you accept these rules.

2. Who We Are

The Services are operated by Ignite Space, Inc., a California corporation, doing business as Frost Shop Marketplace ("Frost Shop Marketplace," "we," "us"). Frost Shop Marketplace operates as a nonprofit program under the fiscal sponsorship of the Collaborative Arts and Culture Foundation (CACF), a 501(c)(3) public charity. The software platform underlying the Services is owned and licensed to us by Kenwood Solutions Group, LLC ("KSG").

In plain English: Ignite Space, Inc. runs the marketplace; CACF is our nonprofit fiscal sponsor; KSG built and owns the software.

3. Description of the Services

The Services include: a public website describing the marketplace; vendor accounts and onboarding tools; booth booking and scheduling, including day passes, monthly passes, and season passes; payment processing; vendor profile pages; site maps; email communications; and administrative tools. The Services support — but are distinct from — physical participation at the marketplace at 5087 Highway 140, Mariposa, CA, which is governed by a separate Vendor Agreement.

In plain English: this document covers the website and software. Selling at the physical marketplace is covered by your signed Vendor Agreement.

4. Accounts and Eligibility

You must be at least 18 years old to create an account. You agree to provide accurate information, keep it current, and protect your login credentials. You are responsible for activity under your account. We may decline, suspend, or revoke accounts to protect the marketplace, its vendors, or the public.

In plain English: be 18+, be truthful, guard your password.

5. Bookings, Fees, and Payments

Booth bookings, passes, and related fees are presented at the time of purchase and processed by our third-party payment processor (currently Stripe); we do not store your full card details. Pricing tiers, special-event surcharges, and pass terms are described on the Become a Vendor page and may change prospectively — changes never affect already-paid bookings. Bookings are not transferable between vendors without our written approval.

In plain English: prices are shown before you pay; Stripe handles cards; what you've already paid for doesn't change.

6. Cancellations, Refunds, and Credits

(a) You cancel a single-day booking 7+ days before the market day: full credit toward a future booking, or refund on request. Less than 7 days: credit only. No-show without notice: fee forfeited.

(b) We cancel a market day (weather, safety, County direction, or otherwise): your choice of full refund or credit.

(c) Passes (monthly/season): refundable pro-rata before first use; after first use, credit toward other Frost Shop Marketplace fees at our reasonable discretion.

(d) Donations and sponsorships are gifts to CACF for the benefit of Frost Shop Marketplace and are not refundable.

Please contact us before initiating a chargeback — we will work in good faith to resolve any billing issue.

In plain English: cancel with a week's notice and your money isn't lost. If WE cancel a day, you don't pay for it.

7. Vendor Responsibilities

Physical participation requires a signed Vendor Agreement, your own general liability insurance naming Ignite Space, Inc. as Additional Insured, and all licenses and permits applicable to your business (e.g., CDTFA seller's permit; County Environmental Health, ABC, MFF, or CDFA credentials as applicable). The Services may surface permit information to help you — that information is provided as a convenience, may be incomplete, and is not legal advice; verifying and maintaining your own compliance remains your responsibility.

In plain English: we'll help point you at the right permits, but your permits, insurance, and taxes are yours to handle.

8. Your Content

You retain ownership of content you submit (business name, logo, photos, menus, descriptions). You grant us a non-exclusive, royalty-free license to host, display, and promote that content on the Services and in marketplace marketing while your account is active. You represent that you have the rights to what you upload. We may remove content that violates these Terms.

In plain English: your content stays yours; you let us show it to promote you and the marketplace.

9. Acceptable Use

Use the Services only for lawful purposes. Do not: misrepresent your business or products; interfere with or attempt to breach the Services' security; scrape or harvest data; upload malicious code; harass other users; or use the platform to violate any law or regulation.

In plain English: be honest, don't hack, don't be a jerk.

10. Intellectual Property

The software platform, including its code, design, and functionality, is owned by KSG and licensed to Frost Shop Marketplace. The Frost Shop Marketplace name, logo, mascot, and brand materials are owned by Ignite Space, Inc. Vendor content is owned by the respective vendors. Historical photographs are used with permission of their owners. No portion of the Services may be copied, modified, or redistributed without written permission, except your own content.

In plain English: the software is KSG's, the brand is ours, your content is yours.

11. Donations and Sponsorships

Contributions are made to the Collaborative Arts and Culture Foundation (CACF) for the benefit of Frost Shop Marketplace and are tax-deductible to the extent allowed by law. Sponsorship recognition is described at the time of sponsorship; we will make reasonable efforts to honor recognition commitments for the stated duration.

In plain English: donations go through our nonprofit sponsor and are generally tax-deductible.

12. Third-Party Services

The Services rely on third-party providers, including Stripe (payments), DocuSign (agreements), and others, and may link to third-party sites. Their terms and privacy policies govern your use of their services; we are not responsible for third-party content or practices.

13. Communications

By creating an account you consent to receive transactional email (booking confirmations, reminders, account notices) and periodic marketplace updates. You can opt out of non-essential email anytime via the unsubscribe link. We do not currently send SMS/text messages; if we add them, we will ask for your consent first.

14. Privacy

Our Privacy Policy describes what we collect and how we use and protect it, and is incorporated into these Terms by reference.

15. Disclaimer of Warranties

The Services are provided "as is" and "as available," without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee uninterrupted or error-free operation, or specific business outcomes from marketplace participation.

In plain English: we work hard on this software, but we can't promise it's perfect or that you'll sell out by noon.

16. Limitation of Liability

To the maximum extent permitted by law, the total liability of Ignite Space, Inc., CACF, KSG, and their respective directors, officers, employees, volunteers, and agents arising from the Services shall not exceed the amounts you paid to Frost Shop Marketplace through the Services in the twelve (12) months preceding the claim. None of these parties is liable for indirect, incidental, special, or consequential damages. Nothing in these Terms limits liability that cannot be limited under California law.

In plain English: our liability is capped at what you actually paid us in the past year.

17. Indemnification

You agree to defend, indemnify, and hold harmless Ignite Space, Inc., CACF, KSG, and their respective directors, officers, employees, volunteers, contractors, and agents from claims, damages, and expenses (including reasonable attorneys' fees) arising out of your use of the Services, your content, your products, or your violation of these Terms or applicable law.

18. Force Majeure

We are not liable for delay or failure caused by events beyond our reasonable control, including acts of God, fire, flood, earthquake, severe weather, epidemics, labor disputes, utility or internet failures, or governmental action (including County or public-safety directives affecting market operations).

19. Suspension and Termination

We may suspend or terminate access for violation of these Terms, the Vendor Agreement, applicable law, or conduct that endangers the marketplace, its vendors, or the public. You may close your account at any time; Sections 6, 8 (license wind-down), 10, 16, 17, and 21 survive termination.

20. Changes to the Services and These Terms

We may modify the Services and these Terms. For material changes to these Terms, we will give account holders reasonable advance notice by email and post the updated effective date. Continued use after the effective date constitutes acceptance.

In plain English: if the rules change in a way that matters, we'll tell you first — not bury it.

21. Governing Law and Dispute Resolution

These Terms are governed by California law. Let's talk first: contact us and we will work in good faith to resolve any dispute informally within 30 days. Unresolved disputes shall be brought in the state or federal courts serving Mariposa County, California, and you and we each waive the right to a jury trial. Nothing prevents either party from using small-claims court.

22. Severability; Waiver; Entire Agreement; Assignment

If any provision is unenforceable, the rest remain in effect. Failure to enforce a provision is not a waiver. These Terms, the Vendor Agreement (for participating vendors), and the Privacy Policy are the entire agreement regarding the Services. We may assign these Terms in connection with a reorganization of marketplace operations (including transition of operations to or within the CACF fiscal-sponsorship structure or a successor nonprofit entity); you may not assign without our consent.

23. Contact

Questions about these Terms: info@frostshopmarketplace.com · (209) 200-4140 · Frost Shop Marketplace, 5087 Highway 140, Mariposa, CA 95338.