Q-19 TERMS OF SERVICE FOR EVENT REGISTRANTS

WELCOME TO Q-19, A VIRTUAL RUN EVENT OWNED AND OPERATED BY RANA VENTURES, LLC / DBA EventSprout (“we” AND/OR “us”). PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. BY USING OR ACCESSING THE Q-19 WEBSITE, DOMAIN, SUB-DOMAIN OR SERVICES AVAILABLE ON OR THROUGH SUCH WEBSITES AND DOMAINS OR OTHERWISE PROVIDED BY US, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE CAREFULLY READ, FULLY UNDERSTAND AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS (“TERMS”), WHICH GOVERN ALL USE OF THE SERVICES. AS USED HEREIN, “Q-19”, “EventSprout”, “Rana Ventures”, “Rana Ventures, LLC”, “WE” OR “US” SHALL REFER TO Rana Ventures, LLC, ITS OWNERS, OFFICERS, DIRECTORS, MEMBERS, AGENTS, EMPLOYEES, AFFILIATES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS. THE SERVICES ARE OFFERED SUBJECT TO YOUR ACCEPTANCE, WITHOUT MODIFICATION, OF ALL TERMS AND OTHER RULES, POLICIES OR PROCEDURES THAT MAY BE PUBLISHED ON THE SERVICES. BY USING ANY Q-19 SERVICES, INCLUDING, WITHOUT LIMITATION, BROWSING, EVALUATING, DOWNLOADING, PURCHASING OR USING ANY OF THE SERVICES, YOU EXPRESS ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE TERMS, THE Q-19 PRIVACY POLICY (INCORPORATED HEREIN BY REFERENCE) AND ANY APPLICABLE LOCAL LAWS. YOU WAIVE ANY AND ALL DEFENSES YOU MAY HAVE BASED ON THE ELECTRONIC FORM OF THE TERMS AND THE LACK OF SIGNATURE BY THE PARTIES. IF YOU DO NOT AGREE TO ANY OF THE TERMS, DO NOT USE OR ACCESS THE SERVICES. THE TERMS MAY ONLY BE MODIFIED (A) THROUGH A WRITTEN AGREEMENT OR WRITTEN ADDENDUM AGREEMENT TO THIS TERMS, SIGNED BY YOU AND AN AUTHORIZED OFFICER OF EVENTSPROUT OR (B) BY EventSprout WHICH, IN ITS SOLE DISCRETION, MAY MODIFY OR REPLACE ANY PORTION OF THE TERMS AT ANY TIME.

1. DESCRIPTION OF SERVICES

Q-19 is an event owned exclusively by RANA VENTURES, LL / dba EventSprout that offers, among other things, registrants to sign up for the Q-19 Virtual Run.

2. ELIGIBILITY

To register for the Event, you must be age thirteen (13) or over and you agree to: (i) provide true, accurate, current and complete information about yourself. If you provide any information that is untrue, inaccurate, not current or incomplete, or EventSprout has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, EventSprout has the right to suspend or terminate all of your accounts and refuse any and all of your current or future use of the Services (or any portion thereof).

3. LICENSE GRANT

a. Subject to the Terms, EventSprout hereby grants you a non-exclusive, non-transferable limited right and license, without the right to grant sublicenses, to use and access the Services solely for the purposes of registering for an Event. EventSprout shall retain all right, title and interest in and to the Q-19 software, which shall mean any software that is available on or through the Q-19 website or mobile application (“Software”) and its methodologies, processes, techniques, ideas, concepts, trade secrets, copyrights, know-how and all other intellectual property rights therein, as well as any modifications, improvements, enhancements, upgrades or derivative products thereof. For clarity, the Software will be deemed a part of the Services. b. You shall not: (i) disassemble, reverse engineer, decompile or otherwise attempt to derive source code from the Software; (ii) modify, adapt, create derivative works based upon or translate the Software; (iii) copy or install the Software on to any computer systems, servers or networks; (iv) assign, re-license or sublicense the Software or its right and license to the use of the Software; (v) transfer, lease, loan, resell for profit, distribute or otherwise grant any rights in the Software in any form to any third party; or (vi) use the Software to engage in any activity deemed by EventSprout to be in conflict with the purpose of the Software, reputable business practices or the spirit or intent of this Agreement. c. You shall be solely responsible for providing and maintaining all hardware and software and other requirements for your use of the Software (including Internet access and a compatible web browser). d. You shall be solely responsible for (i) the account and passwords related to your use of the Software and (ii) all activity undertaken by you through the Software. e. You shall immediately inform EventSprout of any possible misuse of your account and passwords or any security incident related to the Software or Services. f. EventSprout shall use commercially reasonable efforts to create and maintain, where appropriate, firewalls, encryption technology, user authentication systems and access control mechanisms to control access to information maintained by Rana Ventures, LLC related to your account, passwords and registrations.

4. INTELLECTUAL PROPERTY OWNERSHIP

The Services are provided for informational and entertainment purposes only. You may print material provided on our websites or applications for personal, non-commercial or informational use only and provided all copyright, trademark and other proprietary notices are left intact. Any reproduction, modification, copying, distribution or republication of our software, code, design, text, images, music files, photographs, illustrations, audio and video material, artwork, graphic material, database, proprietary information and all copyrightable or otherwise legally protectable elements of the Services, including, without limitation, the selection, sequence and “look and feel” and arrangement of items (collectively, “Content”), for any purpose without the express written consent of EventSprout (or its owner if EventSprout is not the owner) is prohibited. This prohibition includes, without limitation, the reposting of any website RSS feeds or any portion thereof on other websites for any purpose whatsoever. You agree that all material, including, without limitation, information, data, software, text, design elements, graphics, images and other content contained in or delivered via the Services or otherwise made available by EventSprout in connection with the Services (collectively, “Site Content”) is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. EventSprout either owns the Site Content or portions of the Site Content may be made available to EventSprout through arrangements with third parties. Except as expressly authorized by EventSprout in writing or in connection with your use of the intended functionality of the Services, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Site Content, or post any Site Content on any other website or in a networked computer environment for any purpose. Reproducing, copying or distributing any Site Content for any other purpose is strictly prohibited without the express prior written permission of EventSprout. You shall use the Site Content only for purposes that are permitted by the Terms and any applicable laws and regulations (foreign and domestic). Any rights not expressly granted herein are reserved.

5. COPYRIGHT AND TRADEMARK NOTICE

The Services are the copyright of EventSprout, all rights reserved. The event or brand names, logos and designs are the service marks or trademarks (collectively, “Marks”) of EventSprout or authorized third parties. Any unauthorized use of the Marks or our copyright is strictly prohibited. If you believe that your work has been copied in a way that constitutes copyright infringement, please promptly provide a written communication to info@eventsprout.com with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services; (iv) your address, telephone number and e-mail address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are either the copyright owner or authorized to act on the copyright owner’s behalf.

6. LINKS

The Services may contain links to other websites (“Links”), over which EventSprout has no control or responsibility for their content. EventSprout provides the Links only as a convenience but their inclusion is not an endorsement by EventSprout in favor of any person or entity offering products or services. Any third party website that links to the Services (i) shall not create a frame, browse or border environment around any of the content of the website; (ii) may link to, but not replicate, website content; (iii) shall not state directly or imply that EventSprout is endorsing or sponsoring it or its products or services; (iv) shall not present false information about EventSprout or its products or services; (v) shall not use EventSprout trademarks or service marks without the prior written permission of EventSprout; (vi) shall not contain content that could be construed as distasteful, offensive, obscene or controversial; and (vii) shall not otherwise violate any copyright interest of EventSprout or affiliated party whose information and/or material are available on the Services.

7. CONDUCT
8. PROMOTIONS

The Services may, from time to time, contain sweepstakes or other contests and promotions that require you to send material or information about yourself. Those sweepstakes, contests or promotions may be governed by a separate set of rules that may have eligibility requirements. It is your responsibility to read such rules to determine whether your participation, registration or entry are valid and you agree to read and comply with such rules before entering any sweepstakes, contest or promotion on the Services.

9. LIMITATION OF LIABILITY

EventSprout SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR LOST PROFIT DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF THE SERVICES, EVEN IF IT IS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. EventSprout’s TOTAL AGGREGATE LIABILITY FOR ANY MATTER ARISING FROM OR RELATED TO THIS AGREEMENT IS LIMITED TO THE AMOUNT OF FEES ACTUALLY PAID BY REGISTRANT TO EVENTSPROUT DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CAUSE OF ACTION AROSE.

10. DISCLAIMER OF WARRANTY

EventSprout EXPRESSLY DISCLAIMS ANY WARRANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUSTAINABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. EventSprout DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE, (D) THE USE OF ITS SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR (E) THAT THE SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS. SOFTWARE AND SERVICES ARE PROVIDED TO YOU ON AN “AS-IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF TICKETS, REGISTRATIONS OR MERCHANDISE OFFERED FOR SALE VIA THE SERVICES ARE LISTED AT AN INCORRECT PRICE OR CONTAIN OTHER INCORRECT INFORMATION, REF SHALL HAVE THE ABSOLUTE RIGHT TO REFUSE OR CANCEL ANY ORDER PLACED FOR SUCH ITEMS AND IS RELEASED FROM LIABILITY FOR THE SAME.

11. INDEMNIFICATION AND RELEASE

IN CONSIDERATION OF BEING PERMITTED TO ACCESS AND USE THE SERVICES, YOU HEREBY AGREE TO INDEMNIFY, HOLD HARMLESS AND RELEASE EventSprout AND ITS OWNERS, MANAGERS, MEMBERS, DIRECTORS, OFFICERS, PAST AND PRESENT EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH DISPUTES BETWEEN YOU AND ANY THIRD PARTIES IN CONNECTION WITH THE SERVICES OR YOUR ACCESS AND USE OF THE SERVICES. IN CONNECTION WITH THE FOREGOING RELEASE, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE 1542 AND ANY OTHER APPLICABLE LAW OR STATUTE, WHICH SAYS, IN SUBSTANCE: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

12. SERVICE MODIFICATIONS, SUSPENSIONS & FORCE MAJEURE

EventSprout reserves the right at any time to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) for any or no reason with or without notice. You agree that EventSprout shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. EventSprout shall also have no liability by reason of any delay or failure to perform any obligation if the delay or failure to perform is caused by force majeure, including, without limitation, an act of God, weather, fire, casualty, work stoppage, power outage, civil disturbance, riot, war, act of Government, act of public enemy or other cause of nature beyond its control.

13. TERMINATION

You may terminate your Q-19 account or membership at any time, for any reason, although any outstanding obligations, including, without limitation, payment of amounts owed to EventSprout or indemnification, shall continue indefinitely. You agree that EventSprout may, with or without cause, immediately terminate your Q-19 membership or account and access to www.eventsprout.com or the Services without prior notice. You agree and acknowledge that EventSprout has no obligation to retain your Data, and may delete such Data, after termination. ANY UNAUTHORIZED USE OF THE SERVICES WILL BE DEEMED A MATERIAL BREACH OF THIS AGREEMENT. EventSprout IN ITS SOLE DISCRETION, MAY TERMINATE YOUR PASSWORD, ACCOUNT OR USE OF THE SERVICES IF YOU BREACH OR OTHERWISE FAIL TO COMPLY WITH THE TERMS.

14. MODIFICATION

EventSprout reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of the Terms at any time. It is your responsibility to check the Terms periodically for changes. Your continued use of the Services following the posting of any changes to the Terms constitutes acceptance of those changes. If any change to the Terms is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Services. Your continued use of the Services following our posting of a change notice or new Terms and/or sending you the change notice via e-mail will constitute binding acceptance of the change.

15. PRIVACY

Please refer to our Privacy Policy and use caution to protect information that is important to you, as information you submit to EventSprout may be publicly accessible. EventSprout is neither responsible for protecting such information nor liable for the protection of privacy of e-mail or other information transferred through the Internet or any other network. EventSprout does not control and shall not be responsible for the acts of you or any other users of the Services. Please note that EventSprout may use information about Registrants for marketing or promotion of other events, services or products, including those conceived, developed, hosted or produced by EventSprout, that may be of interest, in EventSprout’s sole discretion, to such Registrants.

16. INTERNATIONAL USE

EventSprout makes no representations regarding the legality of access to or use of the Services outside of the United States of America. Access in countries where the Services or Content is illegal is prohibited. Users who access the Services from outside the United States of America do so at their own risk and are responsible for compliance with any local laws.

17. MISCELLANEOUS
Have questions? Interested in becoming a sponsor?
contact@q19run.com
CDC Guidelines

In case you needed a reminder, be sure to keep at least 6-feet of distance between you and anyone else you may cross paths with. Visit the CDC’s Website for more information on how to stay healthy and safe during this time.


logo
© 2020 Eventsprout