EVENTSPROUT TERMS OF SERVICE FOR NON-ORGANIZERS AND EVENT REGISTRANTS


WELCOME TO EVENTSPROUT, A TICKETING AND REGISTRATION PLATFORM OWNED AND OPERATED BY Rana Ventures, LLC (“we” AND/OR “us”). PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. BY USING OR ACCESSING THE EVENTSPROUT WEBSITE, DOMAIN, SUB-DOMAIN OR SERVICES AVAILABLE ON OR THROUGH SUCH WEBSITES AND DOMAINS OR OTHERWISE PROVIDED BY US, INCLUDING OUR MOBILE APPLICATIONS (COLLECTIVELY, THE “SERVICES”), 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, “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 EVENTSPROUT 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 EVENTSPROUT 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 TICKETING SERVICES AGREEMENT OR WRITTEN ADDENDUM AGREEMENT TO THIS TERMS, SIGNED BY YOU AND AN AUTHORIZED OFFICER OF Rana Ventures, LLC, OR (B) BY Rana Ventures, LLC WHICH, IN ITS SOLE DISCRETION, MAY MODIFY OR REPLACE ANY PORTION OF THE TERMS AT ANY TIME.

 

1. DESCRIPTION OF SERVICES

EventSprout is a service owned exclusively by Rana Ventures, LLC that offers, among other things, a quick and easy way for registrants (“Registrants” or “you”) to purchase tickets or registrations for Events. If you are an Event Organizer, please refer to the EventSprout Terms of Service For Event Organizers.

 

2. ELIGIBILITY

To register for an 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 Rana Ventures, LLC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Rana Ventures, LLC 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, Rana Ventures, LLC 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. Rana Ventures, LLC shall retain all right, title and interest in and to the EventSprout software, which shall mean any software that is available on or through the EventSprout 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 Rana Ventures, LLC 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 Rana Ventures, LLC of any possible misuse of your account and passwords or any security incident related to the Software or Services.
  • f. Rana Ventures, LLC 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 Rana Ventures, LLC (or its owner if Rana Ventures, LLC 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 Rana Ventures, LLC 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. Rana Ventures, LLC either owns the Site Content or portions of the Site Content may be made available to Rana Ventures, LLC through arrangements with third parties. Except as expressly authorized by Rana Ventures, LLC 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 Rana Ventures, LLC. 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 Rana Ventures, LLC, all rights reserved. The event or brand names, logos and designs are the service marks or trademarks (collectively, “Marks”) of Rana Ventures, LLC or authorized third parties. Any unauthorized use of the Marks or our copyright is strictly prohibited. Rana Ventures, LLC has designated a Copyright Agent to receive notice of claims of copyright infringement on the Services and may be reached at: Rana Ventures, LLC, LLC, Attn: General Counsel, 320 W. Ohio St., Suite 1W, Chicago, Illinois 60654, 312-980-9991 (tel), 312-533-2354 (fax). If you believe that your work has been copied in a way that constitutes copyright infringement, please promptly provide a written communication to the Copyright Agent 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 Rana Ventures, LLC has no control or responsibility for their content. Rana Ventures, LLC provides the Links only as a convenience but their inclusion is not an endorsement by Rana Ventures, LLC 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 Rana Ventures, LLC is endorsing or sponsoring it or its products or services; (iv) shall not present false information about Rana Ventures, LLC or its products or services; (v) shall not use Rana Ventures, LLC trademarks or service marks without the prior written permission of Rana Ventures, LLC; (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 Rana Ventures, LLC or affiliated party whose information and/or material are available on the Services.

7. CONDUCT

  • a. As a condition of use, you promise not to use the Services for any purpose that is prohibited by the Terms.
  • b. You are responsible for all of your activity, and all activity connected to your account, in connection with the Services.
  • c. You shall not (and shall not permit any third party to) either (i) take any action or (ii) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Services, including without limitation any Event Content, that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty; (ii) you know is false, misleading, untruthful or inaccurate; (iii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by Rana Ventures, LLC in its sole reasonable discretion; (iv) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”); (v) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Rana Ventures, LLC or any third party; (vi) impersonates any person or entity, including any employee or representative of Rana Ventures, LLC; or (vii) includes anyone’s identification documents or sensitive financial information.
  • d. You shall not: (i) take any action that imposes or may impose (as determined by Rana Ventures, LLC in its sole discretion) an unreasonable or disproportionately large load on Rana Ventures, LLC’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass any measures Rana Ventures, LLC may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any portion of the Services; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of Rana Ventures, LLC’s guidelines and policies.
  • e. In its sole discretion, Rana Ventures, LLC reserves the right to access, read, preserve, disclose and/or delete any information as it reasonably believes is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce the Terms, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to support requests, or protect the rights, property or safety of Rana Ventures, LLC, its users and the public.
  • f. If the Services include chat rooms, forums or other public-posting areas, Rana Ventures, LLC will not and cannot review every posting that may be made in such areas. Rana Ventures, LLC will not endorse or guarantee the accuracy of any posting regardless of the source and will not be responsible for any material posted in such areas. Rana Ventures, LLC shall have the right (but not the obligation) to periodically monitor the Services content to determine compliance with the Terms and to satisfy any law, regulation or authorized government request. Rana Ventures, LLC shall have the right in its sole and absolute discretion to edit, refuse to post or remove any material submitted to or posted on the Services.

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

Rana Ventures, LLC 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. Rana Ventures, LLC’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

Rana Ventures, LLC EXPRESSLY DISCLAIMS ANY WARRANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUSTAINABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. Rana Ventures, LLC 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 Rana Ventures, LLC 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

Rana Ventures, LLC 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 Rana Ventures, LLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. Rana Ventures, LLC 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 EventSprout account or membership at any time, for any reason, although any outstanding obligations, including, without limitation, payment of amounts owed to Rana Ventures, LLC or indemnification, shall continue indefinitely. You agree that Rana Ventures, LLC may, with or without cause, immediately terminate your EventSprout membership or account and access to www.eventsprout.com or the Services without prior notice. You agree and acknowledge that Rana Ventures, LLC 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. Rana Ventures, LLC, 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

Rana Ventures, LLC 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 Rana Ventures, LLC may be publicly accessible. Rana Ventures, LLC 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. Rana Ventures, LLC does not control and shall not be responsible for the acts of you or any other users of the Services. Please note that Rana Ventures, LLC may use information about Registrants for marketing or promotion of other events, services or products, including those conceived, developed, hosted or produced by Rana Ventures, LLC, that may be of interest, in Rana Ventures, LLC’s sole discretion, to such Registrants.

16. INTERNATIONAL USE

Rana Ventures, LLC 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

  • a. Headings. The headings in the Terms are for convenience and have no legal or contractual effect.
  • b. Validity of Agreement. You represent and warrant that you have authority and permission to enter into the Agreement and that may enter into the Agreement without violating the rights of any person or entity.
  • c. Merger. The Terms, Privacy Policy and any other Service-related rules established by Rana Ventures, LLC constitute the entire agreement between the Parties and replace any and all prior negotiations, representations or agreements between them, whether oral, electronic or written.
  • d. Assignment. You may not assign the Terms or your EventSprout account without Rana Ventures, LLC’s written consent.
  • e. Severability. If any part of the Terms is held invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of any other portion of the Terms, which shall continue in full force and effect.
  • f. Parties’ Relationship. Nothing herein shall create a partnership, joint venture or principal-agent relationship between the Parties.
  • g. Governing Law and Venue. The Services are controlled and maintained by Rana Ventures, LLC from its offices in the State of Illinois, United States of America. Any controversy or claim arising out of relating to the Terms or the provision of the Services shall be exclusively governed by the laws of the State of Illinois. You consent to the exclusive jurisdiction of the state and federal courts located in Chicago, Illinois in all disputes arising out of or relating to the Terms or use of the Services without regard to conflict of laws or choice of law principles.
  • h. No Waiver. Rana Ventures, LLC’s failure to exercise in any respect any right provided in the Terms shall not be deemed a waiver of any other right or remedy to which it may be entitled.
  • i. Time To File Claim. You agree that regardless of any federal, state or local statute or law to the contrary (which you hereby expressly waive), any claim or cause of action arising out of or related to the Term or use of the Services must be filed within one (1) year after such claim or cause of action rose or be forever barred.
  • j. Notice. Notices to Registrants may be made via either email or regular mail to the address in Rana Ventures, LLC’s records. Any notice from Registrant to Rana Ventures, LLC shall be sent in writing by certified or registered mail, return receipt requested, or dispatched by expedited delivery service to Rana Ventures, LLC LLC, Attn: General Counsel, 320 W. Ohio St., Suite 1W, Chicago, Illinois, 60654.