Terms and Conditions
Effective: January 1, 2022
Table of Contents
- What is Original Nations?
- Getting Started: Creating an Account
- Things You Definitely Should Not Do
- How Product Campaigns Work
- How the Money Works
- Stuff We Don’t Do and Aren’t Responsible For
- Our Fees
- Links To Other Websites On Our Site
- Your Intellectual Property
- Original Nations Intellectual Property
- How We Deal With Copyright Issues
- Deleting Your Account
- Our Rights
- Service Outages and Maintenance
- Warranty Disclaimer
- Limitation of Liability
- Dispute Resolution and Governing Law
- The Rest
We may occasionally change these Terms. When we do we will notify you of any material changes on the Site or by sending you an email. New versions of the Terms will never apply retroactively. If you keep using Original Nations after a change in Terms, that means you accept the new Terms as of the date they go into effect as stated on the Site (or as you are otherwise notified by us).
1. What Is Original Nations?
Original Nations is an online platform and Service that works with entrepreneurs, philanthropists, influencers, celebrities, creative types, hustlers - people we like to call “Original(s)”, to help realize their dream of bringing a product to the marketplace without the need for product development expertise or up-front working capital. With years of product development, production, and branding experience, and a deep well of third-party resources to utilize, our team works directly with the Original to design, manufacture, market, and ultimately sell their product to their supporters and customers, or who we like to call the “Nation” or “Nation Member”. While an Original can advertise, market and promote their product anywhere (including social media), in exchange for the work we put in with helping the Original, we require that the Originals sell their products exclusively through our online ecommerce platform. The sale of an Original’s product takes place on our Site through what we call a product Campaign (“Campaign”). Before any Campaign begins, we and the Original agree on a stated product sales goal (“Goal”). This Goal refers to the minimum number of products that must be sold during a Campaign in order for products to actually be manufactured and shipped to purchasers, and for proceeds from that Campaign to be divided up as described in these Terms. More info about Campaigns and the process is discussed below.
In addition to the “cool factor” of being able to sell something to your Nation that you created, the “cherry on top” of the entire process is that Originals may also donate a portion of their Campaign sale proceeds to a charity of their choice. All of this results in the positive attributes of creating, learning, and building a product and brand of your own, while also giving back. We hope you find this whole concept exciting. We know we do!
2. Getting Started: Creating an Account
You can browse our Site without actually setting up an account, but to use most of the Site’s functions, and to work with us as an Original and create a Campaign, you will need to register with us by setting up an account online which you can do by clicking here. You will use this account throughout the process of building your product and brand and to do things like upload content to help promote your product, and keep track of your Campaign.
Some things to note about setting up, and using, an account with us:
- Please do not impersonate anyone else or we reserve the right to cancel your account.
- You are responsible for all the activity on your account, and for keeping your username and password confidential.
- We reserve the right to take down any content (e.g., text, photos, videos, etc..) uploaded to an account that we, in our sole discretion, consider to be distasteful, false, deceptive, misleading, libelous, obscene or that otherwise might violate the law or another person’s rights or privacy.
- To the extent you create an account and post any content on that account that can personally identify you, including such things as your name, age, photo, likeness, video, audio, etc.., you consent and authorize Original Nations to use, publish, display, broadcast and reproduce such content for any purpose and in any manner or medium, and you further agree to release and forever discharge Original Nations from any and all claims relating to your content including, but not limited to, claims relating to invasion of privacy, infringement of moral rights, rights of publicity or copyright.
- If you set up an account and find out that someone has used your account without your permission, you should report it immediately by emailing us at email@example.com.
3. Things You Definitely Should Not Do
We all should remember what our parents and teachers have likely already told you: don’t lie, don’t break the law, don’t bully or abuse people, and don’t steal other peoples’ data or hack into their computers or other electronic devices, etc. When using our Services, all of those things are bad and unacceptable. We expect you to behave responsibly and help keep this a place for all to enjoy.
So, please DO NOT do any of these things when using our Services or running a Campaign:
- Don’t break the law. Don’t take any action that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty you have toward anyone, including us.
- Don’t lie to people. Don’t post content or information, or make statements through our Services, that you know may be false, misleading, or inaccurate. And don’t do anything deceptive or fraudulent.
- Don’t offer prohibited items. Don’t offer any products that are illegal, violate any of our policies, rules, or guidelines, or violate any applicable law, statute, ordinance, or regulation.
- Don’t victimize anyone. Don’t do anything that could be perceived by others to be threatening, abusive, harassing, defamatory, libelous, tortious, obscene, profane, or invasive of another person’s privacy.
- Don’t spam. Don’t distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, spam, or chain letters. Don’t use our Services, or information gained from using our Services, to support mail lists, listservs, or any kind of auto-responder or spam.
- Don’t harm anyone’s computer. Don’t distribute software viruses, or anything else (code, films, programs) designed to interfere with the proper function of any software, hardware, or equipment on the Site (whether it belongs to Original Nations or another party).
We also need to make sure that our Site is secure and our systems function properly. So you should not do any of these things (most of which boil down to “don’t mess with our system”).
- Don’t try to interfere with the proper workings of the Site.
- Don’t bypass any measures we’ve put in place to secure the Site.
- Don’t try to damage or get unauthorized access to any system, data, password, or other information, whether it belongs to us or another party.
- Don’t take any action that imposes an unreasonable load on our infrastructure, or on our third-party providers. (We reserve the right to determine what’s reasonable.)
- Don’t use any kind of software or device (whether it’s manual or automated) to “crawl” or “spider” any part of the Site.
- Don’t take apart or reverse engineer any aspect of our Site in an effort to access things like source code, underlying ideas, or algorithms.
4. How Product Campaigns Work
Most of the Terms described up to this point explain an Original’s relationship with Original Nations. This section is a bit different: it explains the relationship between an Original, and their supporters and customers who buy your products, or those we call the “Nation”, as a whole (or “Nation Member”, individually). Specifically, this section describes what an Original and their Nation agree to when the Original creates a Campaign, and when a Nation Member supports a Campaign by purchasing an Original’s product.
As we’ve already said above, Original Nations provides a web-based platform for Originals to offer for sale their products with their Nation. This is specifically done through a Campaign, which – assuming the Campaign goal is met (more about that just below) – allows the Original to make money for themselves, and to donate a portion of their sales proceeds to a charitable cause of their choosing. By supporting a Campaign through the purchase of an Original’s product on the Site, Nation Members enter into a direct legal agreement with the Original concerning that sale. But Original Nations is not a party of this contract.
Here are the general terms that govern that agreement between an Original and Nation Member who supports the Original’s Campaign:
a. When a Campaign reaches its stated product sales Goal (as defined above), the Original is obligated to have its Campaign product manufactured and delivered to every Nation Member who paid for a product through our Site. Once an Original has done so, they’ve satisfied their obligation to that Nation Member. There are generally no mechanisms in place for, and we do not provide, returns or exchanges. ALL SALES ARE FINAL. We will, however, consider providing a replacement product to a Nation Member (or refunding their money in full if no additional products are available) if the product they originally receive arrives to them damaged or is, in our exclusive view, defective.
b. Originals owe Nation Members who purchased a product through their Campaign: (i) a product that is accurately reflected in the pictures and words on the Original’s Campaign page, (ii) delivery of the product within a reasonable timeframe approximating what is indicated on the Campaign page, and (iii) appropriate follow through of the Original’s promised donation (if any) to the charitable cause as identified on their Campaign page.
c. Nation members must understand that when they purchase a product offered through a Campaign, they are helping to create something new that is conceived, and driven, by the Original. There is no excess product inventory. Rather, the number of items purchased by Nation Members up through the end of the Campaign selling period is the exact amount that will be created and delivered. There is no warehouse storing additional Campaign products, and there is no excess inventory against which to exchange purchased Campaign products. In unique situations where a Nation Member receives a product that is damaged or otherwise defective (in the sole opinion of Original Nations), Original Nations will work to accommodate that Nation Member by either replacing the product ordered with a new one, or refunding their money in full.
d. The Original is ultimately responsible for ensuring that the Campaign products purchased by their Nation members receive their product. Original Nations helps the Original do this by working with the manufacturer to ship the products to Supporters.
5. How the Money Works
This section goes over the details of supporting Campaigns and selling products — things like how money gets collected, where it goes, whether purchases can be refunded, exchanged, or canceled.
Nation Member Terms of Purchase: These are the terms that apply when a Nation Member supports an Original’s Campaign by purchasing a product:
- When a Nation Member completes a purchase, their credit card is charged an amount that includes the product purchase price, shipping, and applicable taxes. By visiting the Site and making the purchase, a Nation Member authorizes us to charge their credit card for the amount as described in the preceding sentence.
- Campaign products will not be manufactured unless, and after, the Campaign Goal is achieved. That means Nation Members are pre-paying for the product before it is made, without knowing when production will begin or when they will receive the product (similar to a customer who supports a company listing a product on Kickstarter® or Indiegogo®).
- If, and when, a Campaign Goal is achieved, we will instruct the manufacturer to make the exact number of products ordered, and directly ship them to each Nation Member who purchased a product of the Original. For example, if the Campaign Goal is one hundred (100) units, and a Nation member makes the first purchase, that Nation member’s product will not be manufactured until after the 100th product unit is sold.
- Nation Members who purchase from an Original’s Campaign may not cancel or modify their order once completed, and products may not be returned, refunded, or exchanged once received. A limited exception to this rule is when a Nation Member receives a product that arrives damaged or defective (in the sole discretion of Original Nations). In such case, Original Nations will try its best to accommodate the Nation Member by either replacing the product with a new one or offering a full refund (at Original Nation’s exclusive discretion).
- Nation members are helping the Original create something new while supporting a charitable organization at the same time. Neither the Originals nor Original Nations have inventory, warehouse, logistics operations, or retail infrastructure. The Original is creating something they are passionate about and being entrepreneurial and charitable at the same time by seeking support from their Nation. Original Nations does not take any products into inventory and has no mechanism or means to issue exchanges or refunds, other than the limited situations as described herein when a product arrives to a Nation Member damaged or defective.
- If an Original’s Campaign closes and the Goal is NOT achieved, the product will not be manufactured and all Nation Members who purchased a product will receive a full refund back to their original method of payment. Not all Campaigns will be successful. Already manufactured samples of the Campaign product may be sent to randomly selected Nation Members who made purchases.
Original’s Payment Terms: These are the terms that apply when an Original launches a Campaign and uses our Services. IT IS IMPORTANT TO NOTE THAT ANY CAMPAIGN AND SALE OF PRODUCTS DEVELOPED THROUGH OUR SERVICES MUST BE SOLD ONLY ON OUR SITE. FAILURE TO COMPLY WITH THIS REQUIREMENT MAY LEAD TO TERMINATION OF AN ORIGINAL’S CAMPAIGN:
If a Campaign reaches its Goal:
- the Original for that Campaign has the choice to receive anywhere from 0-100% of the Profit from their Campaign. “Profit” is the total amount their Nation Members paid for the product, minus all the costs for the industrial design, product development, manufacturing, taxes, shipping, duties, and logistics – all the costs required to get the product from the Original’s first submitted product idea to the product that arrives to the Nation Members. Originals need to have an account where Original Nations can send money electronically.
- any charitable cause receives the portion of the Profit as indicated on their Campaign page. The Original selects the charitable cause prior to Campaign Launch and a description and a link to its website may be displayed on the Campaign page. Original Nations will send the money to the charitable cause in the name of the Original after successful completion of the Campaign. This donation will be in the name of the Original and may come from Original Nations, LLC, or the Original Nations Foundation, a donor-advised fund.
- Here is an example of how the money works where a Campaign successfully reaches its Goal:
Original submits a product idea via www.originalnations.com. Original and Original Nations team create a brand and/or product, and agree on a Campaign Goal (ie target number of products to be sold) and the approximate Profit of each product sold. The Profit is approximate because of variations in shipping charges and taxes depending on where customers are who purchase the product. The Original promotes the Campaign, customers purchase the product, the Campaign reaches its goal, the product is produced and shipped to customers. After customers receive their product, the Original and any charitable cause receive a payment from Original Nations for the chosen portion of Profit.
If a Campaign closes for any reason without reaching its goal:
- the Original who ran the Campaign will not receive any money..
- Anyone who made a purchase for a Campaign that did not reach its Goal will receive a full refund within thirty (30) days after an unsuccessful Campaign closes.
6. Stuff We Don’t Do and Aren’t Responsible For
- We’ve said it before and we’ll say it again: we are not responsible for, and do not endorse, the content Originals post on our Site. But we do reserve the right to remove inappropriate comments or other content per our Terms. Our decision on this is at our sole discretion and final.
- We will not work on Campaigns that involve anything illegal, distasteful, or considered dangerous.
- We don’t manufacture the products sold in an Original’s Campaign. Rather, we source the manufacturing of these products using our own third-party support and contacts.
- We are not liable for any damages or losses related to an Original’s use of the Services, including running a Campaign. Nor do we promise that every Campaign will be successful by meeting its Goal.
- We also are not liable for any injury, damages or losses relating to a Nation member’s purchase, or use, of a product sold through a Campaign.
- We don’t become involved in disputes between users of our Services, Originals, Nation Members, or any other third-party relating to the use of the Services.
- While we will work with an Original to see that their products from a Campaign that has met its Goal is delivered to each Nation Member who purchased such product, we don’t guarantee a specific delivery timeframe for products after a Campaign reaches its Goal.
7. Our Fees
So you’re likely wondering: what’s in this whole concept for Original Nations? How do they make money? The answer is fairly straight forward. Original Nations gets paid from the total product sales by an Original during a successful Campaign. Specifically, our fee is 10% of the Total Sales from a Campaign, and is included the cost of the product. If the Campaign is not successful – meaning it does not sell the minimum required number of products during the Campaign period – then Original Nations does not take any fee. Our goal of course is to work as hard as we can to ensure each Original’s Campaign is successful. Not only will we get our fee, but the Original will get paid and a portion of their sales may be donated to charity!
There is no cost for an Original to create an account and start a Campaign. But understand that Originals receive no money until and unless a Campaign is successful by reaching its stated sales Goal. And Original Nations receives a share of the Campaign proceeds only if a Campaign reaches its Goal. In the event the Campaign does not meet its sales Goal, Original Nations refunds in full payments made by Nation Members regarding that Campaign, and does not take any fee.
It is also important for us to note that Originals are directly responsible for reporting income they personally receive from a successful Campaign, and paying applicable state and federal taxes on such income.
8. Links to Other Websites On Our Site
Our Site may contain links to other websites; for example through Original’s Campaign page, individual profiles, and/or comments on any of the same. When you access third-party websites, you do so at your own risk. We don’t control or endorse those sites. Put another way, if you follow a link from our Site to another website, what happens on that other website is between you and them — not us.
9. Your Intellectual Property
We don’t own the content that Originals post on the Site in their Original profile (“Content”). But when you post Content, you’re giving us permission to use or copy it however we need in order to run the Site, or show people what’s happening on it. You’re responsible for the Content you post, and you’re vouching to us that it’s all okay to use, legally and ethically. If we see any Content posted that we believe, in our sole discretion, is inappropriate or defies the values and ethos of Original Nations, we reserve the right to take such Content down and, if appropriate, prohibit the Original from using our Services or continuing with their Campaign.
When you submit a project for review, or launch a Campaign, you agree to these terms:
- We can use the Content you’ve submitted. You grant to us, and others acting on our behalf, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to your Content.
- To the extent you post Content on that account that can personally identify you, including such things as your name, age, photo, likeness, video, audio, etc.., you consent and authorize Original Nations to use, publish, display, broadcast and reproduce such Content for any purpose and in any manner or medium, and you further agree to release and forever discharge Original Nations from any and all claims relating to your Content including, but not limited to, claims relating to invasion of privacy, infringement of moral rights, rights of publicity or copyright.
- When we use the Content, we can make changes, like editing or translating it. You grant us the right to edit, modify, reformat, excerpt, delete, or translate any of your Content, without your right to pre-approve any changes or modifications.
- You won’t submit stuff you don’t hold the copyright, trademark, or patents for (unless you have permission). Your Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material, or you are otherwise legally entitled to post the material (and to grant Original Nations all the license rights outlined here).
- Any royalties or licensing of your Content are your responsibility. You will pay all royalties and other amounts owed to any person or entity based on your Content, or on Original Nations’ hosting of that Content.
- You promise that if we use your Content, we’re not violating anyone’s intellectual property rights. If Original Nations or its users exploit or make use of your submission in the ways contemplated by these Terms, you promise that this will not infringe or violate the rights of any third party, including (without limitation) any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
- You’re responsible for the Content you post. All Content submitted to the Site, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom that Content originated.
- We’re not responsible for mistakes in your Content. Original Nations will not be liable for any errors or omissions in any Content.
- By using our Services and/or running a Campaign, you agree that you will not use your product designs or derivative designs and sell them through other third-party channels. You can use it on websites that you personally own and operate (as an individual or a company you own). We commit a lot of our people’s and partners’ time and money to turn your ideas into products without charging you anything. The only way we make our money back is by having those products sold exclusively on our Site.
10. Original Nations Intellectual Property
The content on our Site is protected in various ways under the law. Unless we otherwise provide written permission, or as otherwise stated herein, no one has the right to use it for purposes outside of our Site and Services.
Our Services are also legally protected in various ways including as copyrights, trademarks, service marks, patents, trade secrets, and under other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site or by using our Services. You also agree not to change, translate, or otherwise create derivative works of the Service.
Original Nations grants you a license to reproduce content from the Campaign for personal use only. This license is worldwide, non-exclusive, non-sublicensable, and non-transferable. If you want to use, reproduce, modify, distribute, or store any of this content for a commercial purpose, you need prior written permission from Original Nations or the relevant copyright holder. A “commercial purpose” means you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way.
11. How We Deal with Copyright Issues
Original Nations follows the Digital Millennium Copyright Act of 1998 (“DMCA”) with respect to allegations of copyright infringement. We reserve the right to remove material that is the subject of a compliant DMCA takedown notice. Section 512 of the DMCA provides the rules for reporting copyright infringement and for filing a counter-notification.
If you are unsure whether material on our Site infringes on your copyright, please consult with an attorney before filing a DMCA notification. Misrepresenting that material infringes on your copyright may subject you to liability for damages, including costs and attorneys' fees incurred by Respondents or other parties. If you think someone is infringing your copyrighted content on our Site you may contact us and send us a takedown notice for that specific content. Before you send us a takedown notice, please be sure that it has all the elements listed below, or your notification will not be considered complete. We will not, nor are we required to, take any action on incomplete DMCA notices.
If you would like to submit a claim of copyright infringement under the DMCA , you must submit a notice of alleged copyright infringement to firstname.lastname@example.org. Your DMCA notification must include substantially the following:
- A physical or electronic signature (typing your full name will suffice) of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (“Complainant”);
- Identification of the copyrighted work claimed to have been infringed (g., a link to your original work), or, if multiple infringed works at a single online website are covered by a single notification, a representative list of such works at that website;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that you request be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the Complainant, such as an address, telephone number, and, if available, an electronic mail address at which the Complainant may be contacted;
- A statement that the Complainant has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the Complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you are reporting the content of a comment, you must include a screenshot or otherwise specify the location of the alleged infringing material. A LINK TO A PROFILE PAGE, WITHOUT MORE, IS INSUFFICIENT FOR US TO IDENTIFY INFRINGING MATERIAL.
12. Deleting Your Account
Originals may delete their account at any time. But note that deleting your account will not automatically result in the deletion of content you already posted on our Site.
You can terminate your account at any time through your account settings. We may retain certain information as required by law or as necessary for our legitimate business purposes. All provisions of these Terms survive termination of an account, including our rights regarding any content you have already posted or submitted to the Site. For example, if you launched one or more Campaigns, deleting your account will not automatically remove those Campaigns from the Site. You can contact us at email@example.com for additional information, or to request Campaign page deletion (this is not available in all circumstances). Also, if you have already take an idea through the process to a live Campaign, you may not use that product design or derivatives for commercial use on third-party sites. [CMT: Does ON own the branding IP?]
13. Our Rights
To operate, we need to be able to maintain control over what happens on our Site. So in this section, we reserve the right to make decisions to protect the health and integrity of our system. We do not take these powers lightly, and we only use them when we absolutely have to.
Original Nations reserves these rights:
- We can make changes to the Site and Services without notice or liability.
- We have the right to decide who is ultimately eligible to use our Services. We can cancel accounts or decline to offer our Services (especially if you are abusing them). We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use our Services in that jurisdiction.
- We have the right to cancel any order for a Campaign product, at any time and for any reason.
- We have the right to reject, cancel, interrupt, remove, or suspend any Campaign at any time and for any reason.
Original Nations is not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action.
14. Service Outages and Maintenance
Our Services may be unavailable for scheduled maintenance and other reasons, including unplanned outages and other malfunctions. We are not responsible if our Services are unavailable, or if you lose any data, information, or content for any reason.
15. Warranty Disclaimer
We work hard to provide you with great services, but we cannot guarantee that everything will always work perfectly. To this end, it is important to note that:
ORIGINAL NATIONS HAS NO FIDUCIARY DUTY TO ANY ORIGINAL, NATION MEMBER, OR ANYONE ELSE WHO ACCESSES OR USES OUR SERVICES. THE SERVICES, OUR CONTENT, ORIGINAL CONTENT, PRODUCTS SOLD THROUGH OUR SITE, AND ANY OTHER MATERIAL MADE AVAILABLE ON, OR THROUGH THE USE OF, OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR COURSE OF PERFORMANCE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ORIGINAL NATIONS AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. ORIGINAL NATIONS AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER(S) ON WHICH THE SERVICES ARE HOSTED, OR ANY SERVICES AVAILABLE ON ANY THIRD PARTY PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO OPINION, ADVICE OR STATEMENT OF ORIGINAL NATIONS OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, ANY ORIGINAL OR NATION MEMBER, WHETHER MADE THROUGH THE USE OF THE SERVICES, OR ON THIRD-PARTY PLATFORMS OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY SERVICES PROVIDED ON ANY THIRD-PARTY PLATFORM, ARE ENTIRELY AT YOUR OWN RISK.
If you do something on our Site, or when using our Services that winds up getting us sued by a third-party, you have to help defend us. If you do something that gets us sued by a third-party by, for example, breaking any of the promises you make under these Terms, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses (including reasonable attorneys’ fees and other legal costs) that arise from or relate to your use or misuse of our Services. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree that you’ll cooperate and help us in asserting any defenses.
17. Limitation of Liability
a. You agree to use our Services at your own risk. We make no representations about the quality, safety, morality or legality of any product, Campaign, or the truth or accuracy of user content posted on our Site. Further we do not guarantee the success of any Campaign and whether it will meet its stated goal. While we will endeavor to remove content posted on our Site that we believe violates our Terms, note that we do not control or endorse user content posted on our Site or in any Services and, as a result, do not guarantee in any manner the reliability, validity, accuracy or truthfulness of such user content. We are also not liable for any damages or losses related to your use of the Services. Nor do we become involved in disputes between an Original and a Nation Member, or any other third party relating to the use of our Services.
b. You release us from all claims. When you use our Services, you release Original Nations from claims, damages, and demands of every kind - known and unknown, suspected or unsuspected, disclosed or undisclosed - arising out of or related to the Services. All content that you access or use through the Services is entirely at your own risk and you solely are responsible for any resulting damage or loss to any party.
c. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND USER CONTENT, AND ANY CONTACT YOU HAVE WITH OTHER USERS OR THIRD PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER ORIGINAL NATIONS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PRODUCT OR SERVICES WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ORIGINAL NATIONS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, INCLUDING THE PURCHASE AND USE OF A PRODUCT SOLD ON OUR SITE; (E) THE USE OF OR INABILITY TO USE THE SERVICES; (F) ANY COMMUNICATIONS OR OTHER INTERACTIONS WITH OTHER USERS OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES; OR (G) YOUR CAMPAIGNS.
IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF ORIGINAL NATIONS AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING FROM OR RELATING TO THE TERMS, SERVICES, OR USER CONTENT, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO ORIGINAL NATIONS BY YOU HEREUNDER, OR ONE HUNDRED US DOLLARS IF NO SUCH PAYMENTS HAVE BEEN MADE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY FULLY TO RESIDENTS OF NEW JERSEY.
CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THESE TERMS, 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 HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." YOU 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.
18. Dispute Resolution and Governing Law
We’re based in Texas, and any legal disputes with us have to be handled in Texas under Texas State law.
We at Original Nations encourage you to contact us if you’re having an issue, before resorting to using lawyers and the courts. In the unfortunate situation where legal action does arise, these Terms (and all other rules, policies, or guidelines incorporated by reference) will be governed by and construed in accordance with the laws of the State of Texas and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that Original Nations and its Services are deemed a passive website that does not give rise to jurisdiction over Original Nations or its parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders, either specific or general, in any jurisdiction other than the State of Texas. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of Original Nations, shall be filed only in the state or federal courts located in Harris County in the State of Texas, and you hereby consent and submit to the personal jurisdiction of these courts for the purpose of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.
19. The Rest
These are our official terms and our rules for how things work. If you ever see confusing or conflicting information about any of this stuff, just check these terms — they’re the last word and they ultimately control. Thanks so much for reading them, and for using Original Nations!
These Terms are also personal to you. You cannot assign them, transfer them, or sublicense them unless you get Original Nation’s prior written consent. However, please understand that Original Nations has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. Original Nations will provide you notice via email, written notice, or by conspicuously posting the notice on our Site.