LAST UPDATED: 16 October 2024

1. SCOPE OF THE TERMS; PARTIES

1.1 These terms of use (the “Terms”) sets out the terms and conditions upon which you may use run.events (“run.events”) event organizing platform (the “Platform”) and all related services made available via the Platform (the “Services”). The Services are divided into (a) the run.events Service of providing the Platform and use of the software (the “Software Service”) and (b) services provided by event organiz14ers and other third party service providers (the “Event Services”).

1.2 Before accessing the Platform and/or any of the Services please read these Terms carefully, as well as run.events’ Privacy Policy, available at this location.

1.3 YOUR ACCEPTANCE: You agree to these Terms and you enter into a binding contract with run.events either

- When you sign up for a user account by clicking “[Create User Account]”,“[Sign Up],” “[Register Now],” “[Get Started]” or similar buttons, or

- If you are not a registered user, but you are using, accessing or browsing any part of the Services on the Platform.

1.4 If you do not agree to any portion of the Terms, do not use or access the Platform and the Software Service. If you use the Platform and Services on behalf of a legal entity, you agree to these Terms of Use on behalf of that entity and its affiliates and you represent that you have the authority to do so. In such a case, “you” and “your” will refer to that legal entity. If you do not have such authority, or if you do not agree to any portion of these Terms of Use, do not use or access the Services.

2. DEFINITIONS

2.1 "Content" means all content on the Platform including without limitation text, photographs, logos, names, designs, information, personal information, financial information, data, drawings, links, video recordings and audio recordings.

2.2 “Event” means an identifiable collection of activities following a schedule or plan managed by Organizer on the Platform with defined registration processes, start and finish dates or times.

2.3 “Event Services” mean an event and related services organised and/or provided by Organizers and third party Service Providers via the Platform.

2.4 “Customer Profile Terms of Use” means terms and conditions available here.

2.5 “Platform” means the software and software applications used by the Supplier to provide the run.events Software Service, including the modifications and Upgrades of the Platform.

2.6 “run.events” is a Südwind product, email address info@runevents.eu, and may also be referred to herein as “we” or “us”.

2.7 “run.events Software Service” means a software as a service delivered via data networks enabling the Customer to use such designed end user features of the Platform provided to the Customer according to the Agreement..

2.8 “Service Providers” mean independent third parties who use the Platform for provision of their services to other users of the Platform, providing Event Services via the Platform.

2.9 “Organizer” means an individual or representative of an organization using Services to create, manage or run an event. An event may have more than one Organizer.

2.10 "User" means a person who visits, views, browses, accesses or otherwise uses and interacts with the Platform.

3. THE SOFTWARE SERVICE

3.1 The Software Service provided by run.events consists of access to and use of the Platform and any run.events Software which enable you to request and obtain the Event Services from the Service Providers and organize events. run.events is not the Organizer or owner of the events listed for sale or registration on the Platform.

3.2 You are not charged any fee for the Software Service by run.events. This does not exclude the application of fees, charges, or ticket costs for the Event Services if such are stipulated by the Service Providers on the Platform. However, run.events reserves the right to introduce a charge or a fee for the Software Service or for certain specific functionalities on the Platform; you will be informed thereof and will be granted an opportunity to close the user account and stop using the Software Service before application of any such charge or fee.

4. THE EVENT SERVICES

4.1 For the Event Services, run.events acts as an intermediate between you and the Organizer to enable the Organizer to provide the Event Services to you. It is important to note that run.events does not provide the Event Services. Run.events only provides the Software Service, which allows Organizers to list and promote their events, but any transactions you make are with the respective Organizer.

4.2 All Service Providers are independent contractors, registered companies, legal entities or physical persons acting in their professional and economic field of activity and they are not engaged or employed by run.events.

4.3 When you register to any Event Services by using your run.events account or by purchasing a ticket, you will see information on the Platform about the Event Services before you decide to request such Event Services.

4.4 run.events (for the Software Service) and Service Providers (for the Event Services) are free to decide to accept or reject your request.

4.5 Any Service Providers shall be responsible for any obligations that may arise in connection with the provision of the Event Services. run.events shall not be responsible for any such obligations.

4.6 To use the Event Services, you may need to provide credentials of a valid payment method such as a credit card, a debit card or any other accepted payment method. There may be additional personal information required from you before you are allowed to use the Event Services.

4.7 You shall be responsible to pay any fees, charges or ticket costs that may be charged by the Service Providers for the Event Services.

5. USE OF THE SERVICES

5.1 run.events grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited right to access and use the Services solely for the purposes of:

a) browsing the Services and searching for, viewing, registering for or purchasing tickets or making donations to an event that is registered on the Platform; and

b) if you are an Organizer, creating event registration, distribute roles related to an event, promoting, and managing an event, in each case

- in compliance with these Terms and the Customer Profile Terms of Use (if applicable); and

- to the extent permitted under all applicable local, state, provincial, national and other laws, rules and regulations.

5.2 Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly

a) copy, modify, reproduce, translate, localize, port or otherwise create derivatives of any part of the Services;

b) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local, state, provincial, national or other law, rule or regulation);

c) rent, lease, resell, distribute, use the Services for timesharing, service bureau or other commercial purposes not contemplated by this paragraph or otherwise exploit the Services in any unauthorized or unintended manner;

d) remove or alter any proprietary notices or labels on or in the Services; or

e) engage in any activity that interferes with or disrupts the Services.

Any rights not expressly granted in this paragraph are reserved.

5.3 You agree not to use the Platform and the Services in any manner which:

a) infringes, violates, or misappropriates the intellectual property rights of any third party; or

b) may be considered defamatory, discriminatory, or otherwise malicious or harmful to any person or entity.

5.4 You agree to use the Platform and the Services only for lawful purposes and in a manner consistent with applicable laws and regulations.

5.5 You should not use the Platform and the Services in any jurisdiction of the world whose laws: (i) void these Terms in whole or in any essential part (the essential parts being at least, but not only, the provisions relating to governing law, and limitation of liability); or (ii) render accessing the Platform and the Services impermissible; in such a case you shall be unauthorized to use the Platform and the Services.

6. TERM AND TERMINATION

6.1 These Terms are effective upon your acceptance as set forth under “YOUR ACCEPTANCE” above and continue in effect until terminated.

6.2 Termination by run.events. run.events may terminate the contract concluded with you and thereby your right to use the Services at any time if:

a) you breach these Terms;

b) you misuse or abuse of the Services; or

c) if allowing you to access and use the Services would violate any applicable laws, rules and regulations or would expose run.events to legal liability.

We will use reasonable efforts to provide you notice of any such termination.

6.3 Termination by you. Except to the extent you have agreed otherwise under the Customer Profile Terms of Use between you and run.events, you may terminate your access to the Services and our contract by deleting your user account.

6.4 If you have concluded a separate contract with run.events under the Customer Profile Terms of Use as a Service Provider, the termination clauses set out in the Customer Profile Terms of Use shall prevail. If your contract under the Customer Profile Terms of Use is terminated, these Terms (as unmodified by such contract) shall govern your use of the Services unless and until you delete your account.

6.5 Survival of Terms. All provisions of these Terms that by their nature should survive termination of our contract shall survive. Such provisions including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, choices of law and judicial forum, and intellectual property protections and licenses.

7. AMENDMENTS TO THE TERMS

7.1 run.events reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services. Modifications to these Terms will be published on run.events website with a change to the “Updated” date at the top of these Terms and will be mailed to the registered Users. By continuing to use the Services after the entry into force of the amendments, you are deemed to have accepted any amendments to the Terms. If you do not find an amendment to the Terms acceptable, you must cease accessing, browsing and otherwise using the Services.

8. FEES

8.1 Any fees applicable to the Organizers are agreed under the Customer Profile Terms of Use between run.events and the respective Organizer.

8.2 In case the Organizers charge you any fees for the Event Services, such fees may include certain other charges, including without limitation, facility fees, royalties, taxes, processing fees and fulfillment fees. run.events does not control (and thus cannot disclose) fees levied by your bank and/or credit card company, including fees for purchasing tickets and registrations in foreign currencies or from foreign persons. Be sure to check with your bank or credit card company prior to engaging in a transaction to understand all applicable fees, credit card surcharges, and currency conversion rates.

9. REFUNDS

9.1 Since all transactions are between Organizers and the participants to an event, run.events asks participants to contact the relevant Organizer for submission of any refund request. Each Organizer has its own refund policy, which must be posted and made available on each event page and such refund policy will govern any refund issue of an event.

9.2 run.events shall not be responsible for solving any disputes between an Organizer or Service Provider and a participant. run.events shall refer any complaint of a participant to the Organizer or Service Provider who is responsible for the event the complaint relates to.

10. CONDITIONS FOR REGISTRATION OF USER ACCOUNT

10.1 User accounts are intended for physical persons only. Legal entities and organization may not register user accounts but shall have to register a customer profile (please view Customer Profile Terms of Use). Accounts registered by bots or other automated methods are not permitted.

10.2 You must be at least 18 years of age or have reached the legal age of majority where you reside if that jurisdiction has an older age of majority, to register for a user account.

10.3 You must first complete the registration process to create your user account and select a password. Your user account and password are personal and shall not be shared with or transferred to any other person. You must keep your user account details which are required for login private. run.events will not be liable for any loss or damage caused by your failure to comply with this security obligation.

10.4 You will not permit any other person to use your user account. You will promptly notify run.events if you know or suspect that your user account or password have been used by any other person.

10.5 During the registration process, you will provide true, accurate and complete information about yourself as required in the process, and you undertake to keep such information true, accurate and complete at all times.

10.6 You shall provide us with certain personal information to register a user account, including your full name, phone number, email address, address, and any other information which is requested in order to complete the registration process.

10.7 If you provide any information that is untrue, inaccurate, or incomplete, or run.events has reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, run.events has the right to suspend use of or terminate your user account and refuse to provide the Services.

10.8 You agree to use your user account as follows:

a) you shall not register more than one account unless expressly permitted by run.events;

b) you shall not allow third persons to use your account and you shall not transfer your account to third persons;

c) you shall keep your user account information accurate, complete and up-to-date;

d) you shall keep your login details confidential at all times and shall contact us promptly if you have any reason to believe that your username or password are no longer confidential or if you suspect that someone is using your user account.

10.9 run.events may act upon the information that you have provided for or via your user account. run.events is not required to verify your identity, but it may in its discretion at any time require verification of information the identity of a person seeking to access your user account and may deny access to your user account if not satisfied with the verification. If run.events, at its discretion, considers your personal account to be unsecure or to have been used inappropriately, then run.events may immediately close the user account without any advance notice. You may be required to change your password or other credentials, if applicable, from time to time.

11. USER OF THE WEBSITE – CONTENT AND INTELLECTUAL PROPERTY RIGHTS

11.1 Site Content. run.events claims no intellectual property rights over the material you store through the Services. Subject to these Terms, run.events agrees to grant users a limited, personal, non-exclusive, non-transferable, conditional and revocable license to view, access and use the Platform.

11.2 You may not remove any trade-mark, copyright, or other proprietary notices from such copy nor modify the material or content in any way. Except as otherwise set out in these Terms, any copying or reproduction of the materials or content of the Platform, in whole or in part, for commercial purposes or distribution, re-transmission, republication, modification, reverse engineering, sale or other exploitation of this Platform or the materials or content published on the Platform without the prior written permission of run.events is strictly prohibited. run.events reserves the right to take such steps as it deems necessary, including legal action, to restrain such unauthorized and prohibited activity and run.events reserves the right to suspend or terminate your access to any part of the Platform or the Services immediately, without prior notice, at its sole discretion. You are solely and fully responsible for all consequences resulting from your use of the Platform or the Services.

11.3 run.events reserves the right in its sole discretion to edit or delete any documents, information, or other content appearing on the Platform.

11.4 Your Content. You acknowledge and agree that if you contribute, provide or make available any content to the Services, you hereby grant to run.events a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right and licence to access, use, reproduce, transmit, adapt, modify, perform, display, distribute, translate, publish and create derivative works based on your content, in whole or in part, in any media, for the purpose of operating the Services (including run.events’s promotional and marketing services).

11.5 Notwithstanding the foregoing, run.events does not claim, and you do not transfer, any ownership rights in any of your content and nothing in these Terms of Use will restrict any rights that you may have to use and exploit your content outside of the Services. You represent and warrant that you have all the rights, power, and authority necessary to grant the foregoing licence, and that all your content (a) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party; (b) complies with all applicable local, state, provincial, national and other laws, rules and regulations; and (c) does not violate the Terms, including without limitation these Terms and the Privacy Policy.

11.6 In addition, your content must be accurate and truthful. run.events reserves the right to remove any of your content from the Services at any time if run.events believes in its discretion that it violates these Terms. In addition, you agree that run.events may use your name and logo (whether or not you have made it available through the Services) for the purpose of identifying you as an existing or past customer of run.events both on the Services and in marketing, advertising and promotional materials.

12. DISCLAIMERS

12.1 You understand and agree that:

a) use of the Platform and the Services are provided on an “as is” and “as available” basis. run.events does not give any warranty or representation of any kind, whether express or implied, regarding the Platform and the Services and disclaims any implied warranties and conditions of merchantable quality, fitness for a particular purpose and non-infringement of third party rights, to the maximum extent permitted by law.

b) run.events does not give any warranties regarding quality, reliability, timeliness or security of the Platform and the Services or that the Services will be uninterrupted or error-free.

12.2 run.events is not responsible for the content or other material that is created, or otherwise appears via the Platform. run.events does not endorse, support, represent or guarantee the accuracy, completeness or reliability of user content appearing on the Platform and takes no responsibility for user content submitted via the Platform, but maintains the right (without providing any notice to the user that uploaded the content) to remove, block, edit or monitor any user content at run.events’ sole discretion, whether publicly viewable or otherwise.

13. LIMITATION OF LIABILITY

13.1 You expressly understand and agree that run.events shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of income, loss of business profits, business interruption, goodwill, use, data, property or other intangible losses, resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Services; (v) or any other matter relating to these terms, the use of the Platform, or the Services. In no event will the cumulative liability of company parties arising out of or related to these terms exceed the amount paid by you in the one month immediately prior to any claim. To the extent that some jurisdictions do not allow exclusions or limitations on some categories of damages, these exclusions or limitations may not apply to you.

13.2 The foregoing disclaimers and limitations of liability apply regardless of the causes, circumstances or form of action giving rise to the loss, damage, claim, or liability, even if such loss, damage, claim or liability is based upon breach of contract (including, without limitation, a claim of fundamental breach or breach of a fundamental term), tort (including, without limitation, negligence), strict liability or any other legal or equitable theory, and even if advised of the possibility of the loss, damage, delay, claim or liability.

13.3 These Terms, the Privacy Policy, and all other notices, policies, and statements contained on the Platform (all as may be amended by run.events from time to time with prior notice) constitute the entire agreement between run.events and you. These Terms may only be modified as described herein. No waiver of any of these Terms will be deemed a further or continuing waiver of such Term or any other Term. If in any jurisdiction, any of these Terms are held to be unenforceable by a court of competent jurisdiction, such Terms will be restricted or eliminated to the minimum extent necessary and the remaining Terms will otherwise remain in full force and effect. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

14. GOVERNING LAW AND DISPUTES RESOLUTION

14.1 The laws of Germany shall govern these Terms and your use of the Services. Your use of the Platform may also be subject to other local, state, national, or international laws.

14.2 If you have any concern or dispute about the Services, you agree to first try to resolve the dispute informally by contacting us.

14.3 In order to resolve a dispute, you may contact the European Consumer Centers Network (people who live in European Union, Iceland or Norway) or turn to court.

14.4 For European Union (EU) users. If you are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

14.5 United States Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.

15. SEVERABILITY AND WAIVER

15.1 Severability. If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

15.2 Waiver. Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.