Terms and Conditions
Welcome to Original Nations. By using this website (the “Site”) and services (together with the Site, the “Services”) offered by Original Nations, LLC (together with parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors — collectively, “Original Nations,” “we,” or “us”), you’re agreeing to these legally binding rules (the “Terms”).
We may occasionally change these Terms. When we do we’ll notify you of any material changes on the Site or by sending you an email. New versions of the Terms will never apply retroactively — we’ll notify you of the date they go into effect. If you keep using Original Nations after a change in Terms, that means you accept the new Terms.
1. About Creating an Account
You can browse the Site without registering for an account. But to use some of the Site’s functions, you’ll need to register with your first and last name and an email and set a password. Don’t impersonate anyone else or we may cancel your account.
You’re responsible for all the activity on your account, and for keeping your password confidential. If you find out that someone has used your account without your permission, you should report it to email@example.com.
2. Things You Definitely Shouldn’t Do
Your parents and teachers have probably already told you, don’t lie, break laws, abuse people, steal data, hack other people’s computers, etc. On the Site, all those things are bad and unacceptable. We expect all users to behave responsibly and help keep this a nice place.
- Don’t do any of these things on the Site:
- 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.
- Don’t lie to people. Don’t post information you know is false, misleading, or inaccurate. Don’t do anything deceptive or fraudulent.
- Don’t offer prohibited items. Don’t offer any Campaign products that are illegal, violate any of Original Nations’ policies, rules, or guidelines, or violate any applicable law, statute, ordinance, or regulation.
- Don’t victimize anyone. Don’t do anything 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 the site or its information 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).
- Don’t abuse other users’ personal information. When you use Original Nations — and especially if you create a successful Campaign — you may receive information about other users, including things like their names, email addresses, and postal addresses. This information is provided for the purpose of running Campaigns – don’t use it for other purposes, and don’t abuse it
We also need to make sure that the Site is secure and our systems function properly. So don’t 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 Services.
- Don’t bypass any measures we’ve put in place to secure the Services.
- Don’t try to damage or get unauthorized access to any system, data, password, or other information, whether it belongs to Original Nations 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 Original Nations in an effort to access things like source code, underlying ideas, or algorithms.
3. How Campaigns Work
Original Nations provides a platform for entrepreneurs to share products with supporters. Campaigns allow entrepreneurs to make money for themselves and to donate to charities. By supporting a Campaign, visitors enter into a direct legal agreement with the Original – Original Nations is not part of this contract.
Here are the terms that govern that agreement:
When a Campaign reaches its Goal, the Original must deliver the purchased items to Supporters. Once an Original has done so, they’ve satisfied their obligation to their Supporters. There are no mechanisms for returns or exchanges. All sales are final.
Originals owe their Supporters products that are accurately reflected in the pictures and words on their Campaign page, delivery of products within a reasonable timeframe approximating what is indicated on the Campaign page, and donation of 25% of gross profit from their products to the 501(c)(3) charity organization identified on their Campaign page.
Supporters must understand that when they Support a Campaign by purchasing a product, they are helping to create something new that is conceived by and driven by the Original. The product has been designed and engineered, the actual manufacturer has created samples, and the Original has examined and approved the sample for final production. However, there is no inventory – exactly the number of items purchased by Supporters 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.
The Original is solely responsible for fulfilling the Campaign products purchased by Supporters. Original Nations helps the Original do this by working with the manufacturer to ship the products to Supporters.
4. How the Money Works
This section goes over the details of Supporting Campaigns and creating Products — things like how money gets collected, where it goes, whether purchases can be refunded, exchanged, or canceled.
These are the terms that apply when you Support a Campaign:
- When you complete your purchase, your credit card is charged for the product purchase price, shipping, and applicable taxes, You’ll provide your payment information when you Support a Campaign and you will be charged upon completion of your purchase.
- Campaign products will not begin production until the Campaign Goal is achieved. That means Supporters are pre-paying for the product before it is made, without knowing when production will begin. Whenever the Campaign Goal is achieved, the manufacturer will make exactly the number of ordered products and directly ship them to the Supporter on behalf of the Original. For the sake of clarity, if the Campaign Goal is 100 and you make the first purchase, your product will not be manufactured until after the 100th product is purchased.
- Campaign Supporters may not cancel or modify their order once completed, and products may not be returned, refunded, or exchanged once received. Supporters are helping the Original create something new while supporting a charitable organization at the same time. Originals do not have inventory, warehouse, logistics operations, or retail infrastructure – they are creating something they are passionate about and being entrepreneurial and charitable at the same time by seeking support from friends, family, and fans. Original Nations does not take any products into inventory and has no mechanism or means to issue exchanges or refunds.
- If the Campaign closes and the Goal is NOT achieved, the product will not be manufactured and Supporters will be refunded 90% of their charged amount back to their credit card. Not all Campaigns will be successful. 10% of Supporter funds are kept to pay for the cost of samples. Already manufactured samples of the Campaign product may be sent to randomly selected Supporters.
These are the terms that apply when you launch a Campaign:
If a Campaign reaches its Goal:
- the creating Original receives 75% of the profit from their Campaign. “Profit” is the total amount Supporters paid 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 Supporters. Originals need to have an account where Original Nations can send money electronically, such as Paypal, Venmo, or a bank account.
- the Designated Charity receives 25% of the profit from their Campaign. The Original selects the Designated Charity prior to Campaign Launch and the Charity logo, description, and a link to its website is displayed on the Campaign page. Original Nations will send the money to the Designated Charity in the name of the Original after successful completion of the Campaign.
If a Campaign closes without reaching its Goal:
- The creating Original will not receive any money. A Campaign closes for one of two reasons: it achieves its Goal, or it reaches its End Date without achieving its Goal. The Campaign End Date is set when the Campaign launches, and is no later than three (3) months after the Campaign launch.
- Supporters will receive 90% of their money back within 30 days after an unsuccessful Campaign closes. This amount will be refunded directly back to the credit card or PayPal account used to make the purchase. 10% is kept to pay for design and sampling. “Design” costs are what is spent for the Original to turn their ideas and pictures into a manufacturable industrial design, including any tooling or materials engineering. “Sampling” costs are what is spent to get the Original’s test products manufactured, shipped, tested for quality, and modified before they are approved as the final version that will be made for Supporters of successful Campaigns.
5. Stuff We Don’t Do and Aren’t Responsible For
We don’t determine what Originals put up as Campaigns and don’t endorse any content submitted by Originals. We don’t actually manufacture the products. We do reserve the right to remove inappropriate comments or other content per our Terms. Original Nations isn’t liable for any damages or losses related to your use of the Site. We don’t become involved in disputes between users, Supporters, Originals, or any third party relating to the use of the Site. We don’t guarantee a specific delivery timeframe for products after a Campaign reaches its Goal, When you use the Site, you release Original Nations from claims, damages, and demands of every kind — known or unknown, suspected or unsuspected, disclosed or undisclosed — arising out of or in any way related to such disputes and the Site. All content you access through the Site is at your own risk. You’re solely responsible for any resulting damage or loss to any party.
6. Our Fees
We get paid by the Original only after a Campaign successfully reaches its Goal. Our fee is included in the cost of the product. To be specific, “Gross Profit” to the Original is calculated by taking the proceeds generated from Supporter purchases minus the cost of the design, manufacture, sampling, operations and logistics management, duties, customs fees, shipping/freight, our internal staff required to manage the product and Campaign, and any other costs associated with delivering products to Supporters.
Creating an account on Original Nations is free. Creating a Campaign on Original Nations is free. Originals receive no money until and unless a Campaign reaches its Goal. Original Nations receives a share of the Campaign proceeds if a Campaign reaches its Goal. Original Nations also receives 10% of all Supporter proceeds if a Campaign is closed and does not reach its Goal.
Originals are directly responsible for reporting income and paying taxes from any proceeds generated from their use of the Site.
7. Other Websites
If you follow a link to another website, what happens there is between you and them — not us.
Original Nations may contain links to other websites. (For instance, Campaign pages, Original profiles, and comments may link to other sites.) When you access third-party websites, you do so at your own risk. We don’t control or endorse those sites.
Original nations partners with other companies (such as Stripe) for payment processing. When you create or Support a Campaign, you’re also agreeing to the payment processor’s terms of service.
8. Your Intellectual Property
We don’t own the content that Originals post on the Site. But when you post it, 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.
Original Nations doesn’t own content you submit to us (your “Content”). But we do need certain licenses from you in order to perform our Services. When you submit a project for review, or launch a project, 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.
- 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.
- 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 on 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 rights or copyrights. If Original Nations or its users exploit or make use of your submission in the ways contemplated in this agreement, 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 stuff you post. All information 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.
- 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), and you agree to donate 25% of all Gross Profit from sales on your websites to a 501(c)(3) charity. 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 and get donations to charities is by having those products sold on Original Nations.
9. Original Nations Intellectual Property
The content on Original Nations is protected in various ways. You do have the right to use it for certain personal purposes, but you can’t use it for anything commercial without getting permission first.
Original Nations’ Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and 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. 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 Services for personal use only. This license covers both Original Nations’ own protected content and user-generated content on the Site. (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.
10. How We Deal with Copyright Issues
We comply with the Digital Millennium Copyright Act. The Digital Millennium Copyright Act lays out a system of legal requirements for dealing with allegations of copyright infringement. Original Nations complies with the DMCA, and we respond to notices of alleged infringement if they comply with the law. We reserve the right to delete or disable content alleged to be infringing, and to terminate accounts for repeat infringers. (We do this when appropriate and at our sole discretion.)
If you’d like to submit a claim of copyright infringement, please submit a notice of alleged copyright infringement to firstname.lastname@example.org
11. Deleting Your Account
Originals can delete their account at any time. Deleting your account won’t automatically make some content you’ve already posted go away.
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 this agreement survive termination of an account, including our rights regarding any content you’ve already submitted to the Site. (For instance, if you’ve launched a Campaign, deleting your account will not automatically remove the Campaign 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.
12. Our Rights
To operate, we need to be able to maintain control over what happens on our website. So in this section, we reserve the right to make decisions to protect the health and integrity of our system. We don’t 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 Original Nations Site and Services without notice or liability.
- We have the right to decide who’s eligible to use Original Nations. We can cancel accounts or decline to offer our Services. (Especially if you’re 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 Original Nations 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.
13. Warranty Disclaimer
We work hard to provide you with great services, but we can’t guarantee everything will always work perfectly. This site is presented as-is, without warranties.
You use our Services solely at your own risk. They are provided to you “as is” and “as available” and without warranty of any kind, express or implied.
ORIGINAL NATIONS SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM ORIGINAL NATIONS SHALL CREATE ANY WARRANTY.
If you do something on the Original Nations website that winds up getting us sued, you have to help defend us. If you do something that gets us sued, or break any of the promises you make in this agreement, 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 the Site. 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.
15. Limitation of Liability
If something bad happens as a result of your use of Original Nations, we’re not liable.
To the fullest extent permitted by law, in no event will Original Nations, its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use the Services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct of content of any third party on the Site. In no event shall Original Nations’ liability for direct damages be in excess of (in the aggregate) one hundred U.S. dollars ($100.00).
16. Dispute Resolution and Governing Law
We’re based in Texas, and any 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 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.
17. The Rest
These are our official terms and our rules for how things work. (So if you ever see confusing or conflicting information about any of this stuff, just check these terms — they’re the last word.) Thanks so much for reading them, and for using Original Nations!
These Terms and the other material referenced in them are the entire agreement between you and Original Nations with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and Original Nations with respect to the Services and govern our future relationship. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either you or Original Nations to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights.
These Terms are personal to you. You can’t assign them, transfer them, or sublicense them unless you get Original Nations’ prior written consent. 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.