Terms and Conditions

The purpose of Nativeclub ("The Club") is to facilitate networking of top online Social Media Influencers and to provide them with a sense of community. The Club “premises” are virtual, but offices are currently situated at an undisclosed location which may change as The Club may provide. Upon acceptance of Member’s invitation by The Club, Member shall be deemed a member of The Club pursuant to these Rules and Regulations.

Terms of Membership

  1. Membership in The Club shall be by invitation only.
  2. Every candidate for membership must be at least 18 years of age.
  3. Members of The Club are under no financial liability or obligation by reason of their membership in The Club.
  4. The Club may refuse, revoke or cancel membership in The Club its absolute discretion at any time and without cause.
  5. Membership in The Club is non-transferable.
  6. Every Member shall promptly inform The Club of any change of address or other contact information as set forth in the Membership Application to which these Rules and Regulations are attached.
  7. A Member may resign membership at any time by written notice to The Club.
  8. Members of The Club acknowledge that the Rules and Regulations shall be subject to change at any time at The Club’s sole discretion.
  9. Not all Members will necessarily be invited to participate in all events sponsored by The Club; invitations will be within The Club’s sole discretion including, without limitations, the terms and conditions applicable to same.

Member’s Agreement and Release

  1. Member agrees to refrain from any form of discrimination, harassment, bullying, derogatory, illegal, or unethical conduct. Member agrees to release and discharge The Club, its governing bodies, officers, employees, agents, subsidiaries, affiliates, partners and representatives (“The Club Indemnitees”) from any liability for the intentional or negligent acts or omissions of any Member or any Club Indemnitee.
  2. By accepting Membership in The Club, Member hereby unconditionally and irrevocably releases and forever discharges The Club Indemnities from and against any and all injury, damages, claims, demands, liens, agreements, contracts, actions, suits, costs, attorneys’ fees, damages, judgments, orders and liabilities of whatever kind or nature in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden in any way directly or indirectly related to or arising directly or indirectly out of Member’s participation in any event sponsored by The Club or otherwise. Any business transactions which may arise between Members and/or The Club are the sole responsibility of the parties involved in such business transactions.

Disclaimer of Warranties

  1. The Club does not assume any responsibility for any Member information or communications between Members and assumes no responsibility for the accuracy of or existence of any communications between Members.
  2. The Membership Application and Rules and Regulations constitute the entire agreement between The Club and Member superseding any prior agreements between Member and The Club.

Limitation of Liability

Member expressly understands and agrees that The Club shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages including, but not limited to, loss of profits, goodwill, use, data or other intangible losses (even if The Club has been advised of the possibility of such damages).

Arbitration Clause

Any controversy, dispute or claim arising out of or relating to The Club and Member shall be resolved through a confidential, binding arbitration, in Los Angeles, California in accordance with the rules then in effect of the AAA Rules of Arbitration and judgment on the award rendered may be entered in any court having jurisdiction thereof.

Confidentiality

The Club, a virtual association of like-minded individuals, is and shall remain an urban myth to be neither advertised nor promoted in any manner whatsoever, and therefore, the most important rule of The Club is to never speak directly about The Club, its Members and/or its activities. Accordingly, Member and The Club hereby agree to keep confidential any and all information related to Member’s participation in The Club (including, without limitation, identities, existence, proprietary information, etc.) and to refrain from revealing same to any third party (other than the authorized agents and other authorized representatives of Member, and in this regard Member agrees to bind such third parties to this confidentiality provision), and from issuing or authorizing or permitting the issuance of any press release or other information, in any media, revealing such information. Member’s and The Club’s confidentiality obligations hereunder shall apply to any and all media whatsoever, including, without limitation, any social networking site; micro-blogging service; user-generated or user-uploaded content website; online forum, discussion thread or comment section; personal website or blog; user modified website (“wiki”); or any other website, service, platform, program, application or other form or method of communication, whether now known or hereinafter devised. Notwithstanding the foregoing, Member and/or The Club may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, or protect the rights, property, or safety of The Club, its Members and/or the public. And notwithstanding anything to the contrary set forth herein, The Club encourages Member to post The Club’s logo in the form and as supplied by The Club to Member anywhere and everywhere without any explanation or fanfare whatsoever, i.e., to become a virtual tagger for The Club and its unspoken ethos. The confidentiality obligations set forth in this paragraph shall survive any termination of Member’s participation in The Club. 

General Information

  1. No fiduciary relationship exists between Member and The Club. Member represents and warrants that: a) Member has the right, power and authority to join The Club; and, b) the consent of no other person or entity is necessary in order for the Member to enter into and fully perform this Agreement.
  2. In the event of a dissolution of The Club, Member shall not have any right to, or claim upon, any property of The Club, or be required to share in any discharge of its obligations.
  3. The Application and Rules and Regulations between Member and The Club will be governed by and construed in accordance with the laws of the State of California without regard to conflict of laws principles.