Terms & Conditions

Last updated: October 1 2020

THESE TERMS CREATE A BINDING CONTRACT

By accessing or using the qudio.com website and services (the "Service") you agree to be bound by these Terms and Conditions ("Terms").If you disagree with any part of the Terms then you do not have permission to access the Service. The qudio.com website is owned and operated by Cinematiq, LLC, a California limited liability company doing business as “Qudio” ("us", "we", or "our"). The qudio.com Service provides a means for event organizers (“Sellers”) to create webpages related to their event, promote those pages and events to visitors or browsers on the Service or elsewhere online, sell tickets and electronic access to content and events to users (“Buyers”), manage online ticketing and registration, solicit donations, and sell or reserve merchandise or accommodations related to those events to Buyers. These Terms apply to all visitors, users and others who wish to access or use the Service. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service. Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms.

BUYERS

We allow users to buy tickets and passes for events and electronic access to content. We do not own the tickets, passes or content, and do not set prices for the tickets, passes or content. We do not facilitate sales by individuals. Sellers are event organizers. We do not have control over and do not guarantee the existence, quality, safety or legality of the events, access to the events or content or the truth or accuracy of descriptions of the events. We do not guarantee that an event will actually occur or that content will be delivered. You are responsible for reading the complete listing before making a commitment to buy tickets, passes or content. When placing an order, you are entering into a binding contract with the Seller to purchase tickets or products. All Sales are Final.

PURCHASES

All Sales are Final. You cannot change or cancel any orders after the sale is complete. If you purchase any product or service made available through the Service, or make a donation to a non-profit Seller ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, and your billing address. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply is true, correct and complete. We employ the use of a third party service company for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy. We will act as the Seller’s limited agent solely for the purpose of using our third party payment service provider to collect payments made by Buyers and passing such payments to the Seller. We are not responsible for cancellation, postponement or changes to events or failure to deliver content. You must direct any requests for refunds to the event organizer. Sellers may provide refunds in their sole discretion. Note that we do not refund any portion of our service fees.

SELLER RESPONSIBILITIES

Pricing tickets, passes and content is the sole responsibility of, and at the sole discretion of, Sellers and must be done in accordance with all applicable laws. Sellers are obligated to monitor their inventory and ensure all listings are accurate. Sellers must obtain, prior to the start of ticket sales, any and all applicable licenses, permits, and authorizations with respect to events hosted on the Service. Sellers are solely responsible for any claims referring or relating to the existence, quality, safety or legality of events or content, the truth or accuracy of descriptions of events or content and cancellation, postponement or changes to events or unavailability of content. With respect to any video and related content (including, but not limited to associated information, images, text, media files, and other materials) (together, "Video Content"), Sellers have represented and warranted to us the following: (a) Sellers own all rights in and to the Video Content, or have a legally valid license to use the Video Content in connection with our Service; (b) Sellers have all necessary rights, licenses and/or clearances to provide the Video Content to us; (c) the Video Content is accurate and complete; (d) the Video Content does not and will not infringe or misappropriate any third party rights, including, without limitation, copyright, publicity or other proprietary rights; and (e) the Video Content does not constitute a fraudulent statement or misrepresentation or unfair business practices. With respect to digital rights management, we are a licensed content owner. Specially, we are authorized to program and deploy digital rights management technology in order to encrypt content, securely exchange keys, and protect playback on end user devices.

USER RESPONSIBILITIES & ACCEPTABLE USE POLICY

It is a condition of your use of the Service that you do not: Restrict or inhibit any other user from using and enjoying the Service. Use the Service to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity. Interfere with or disrupt any servers or networks used to provide the Service or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Service. Use the Service to instigate or encourage others to commit illegal activities or cause injury or property damage to any person. Gain or attempt to gain unauthorized access to the Service, or any account, computer system, or network connected to this Service, by means such as hacking, password mining or other illicit means. Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Service. Use the Service to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law. Use the Service to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder. Use the Service to post or transmit any information, software or other material that contains a virus or other harmful component. Use the Service to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising. Use the Service to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval. Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Service. The Service includes a variety of interactive features, such as comment boards, online forums, and chat rooms, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on any interactive feature on the Service, or any third party website such as Vimeo, lies with each user - you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide. We have no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other interactive features on the Service. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, business partners, users and visitors. You agree and understand that you may be held legally responsible for damages suffered by other members, Sellers, or users of our Service as the result of your remarks, information, feedback or other content posted or made available on the Service that is deemed defamatory or otherwise legally actionable. Under the Federal Communications Decency Act of 1996, we are not legally responsible, nor can we be held liable, for damages of any kind, arising out of or in connection to any defamatory or otherwise legally actionable remarks, information, feedback or other content posted or made available on the Service.

USE OF SERVICE; LIMITED ACCESS LICENSE; PROHIBITIONS

We grant you a limited license to access and make personal use of the Service. You shall not download or modify the Service, or any portion of it, except with our prior express written consent. This license does not include: any resale or commercial use of the Service or its contents; any derivative use of the Service or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. Unless otherwise specified by us in a separate written agreement, your right to use any software, data, documentation or other materials that you access or download through the Service is subject to these Terms. Our website, or any portion of the website, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our prior express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademark without our express written consent. Any unauthorized use terminates the permission or license granted by us. Except as otherwise expressly permitted in these Terms of Use, you may not copy, sell, re-sell, display, reproduce, publish, modify, create derivative works from, transfer, distribute or otherwise commercially exploit in any manner the Service or any Content. You may not reverse-engineer, decompile, disassemble or otherwise access the source code for any software that may be used to operate the Service. You have no right to use, and agree not to use, our Service, our website, or any content for your own personal or commercial purposes. You have no right to, and agree not to scrape, crawl, or employ any automated means to extract data from our website. We reserve all rights to the Service and website not expressly granted herein.

ACCOUNTS

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. If a third party such as an employer gave you your account, that employer has rights to your account and may: manage your account, reset your password, or suspend or cancel your account; view your account's usage and profile data, including how and when your account is used; and read or store content in your account. By creating an account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send. However, please note that you cannot opt out of receiving transactional emails related to any service you have ordered from us.

RIGHT TO REFUSE

We reserve the right to refuse service, terminate accounts, or remove or edit content in our sole discretion. In particular, we reserve the right to refuse or cancel your account if fraud or an unauthorized or illegal transaction is suspected. If you fail to comply with the Terms of Service or the Acceptable Use Policy (see above), you may be expelled from and refused continued access to the Service. We may take any legal, disciplinary and technical remedies to prevent or remedy the violation of these Terms.

WARRANTY DISCLAIMERS

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. To the fullest extent permitted by law, Cinematiq, LLC expressly disclaims all warranties of any kind, including without limitation to implied warranties, merchantability, fitness for a particular purpose, title, and non-infringement. Cinematiq, LLC, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements. We make no representation that the Service operates (or is legally permitted to operate) in all geographic areas. Accessing the Service from territories where the Service, or any content or functionality of the Service or portions thereof, including but not limited to functionality discussed in our Privacy Policy, is illegal is expressly prohibited. If you choose to access the Service, you agree and acknowledge that you do so on your own initiative and at your own risk and that you are solely responsible for compliance with all applicable laws. Using the Service is done at your own discretion and at your own risk.

OUR INTELLECTUAL PROPERTY RIGHTS

Qudio.com is owned and operated by Cinematiq, LLC. The Service and its original content, features and functionality are and will remain the exclusive property of Cinematiq, LLC. All right, title, and interest in and to the materials provided and contained in this website and its applications are owned by Cinematiq, LLC. These materials may not be copied, reproduced, or distributed without express permission. Cinematiq, LLC reserves any rights not expressly granted herein. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any other product or service without the prior written consent of Cinematiq, LLC. All design, text, graphics, the selection and arrangement thereof of qudio.com, are Copyright ©, Cinematiq, LLC, ALL RIGHTS RESERVED. We make no claim of ownership to any Video Content.

DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)

We respect the intellectual property rights of others. It is our policy to respond to any claim that content posted on the Service infringes on the copyright or other intellectual property rights of any person or entity. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim as detailed below. You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims regarding the infringement of your copyright by any content found on and/or through the Service (see 17 U.S.C §512(f) for further detail). You may submit a notification pursuant to the DMCA by providing our Designated DMCA Agent with the following information in writing (see 17 U.S.C §512(c)(3) for further detail): A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You can contact our Designated DMCA Agent at:

Cinematiq, LLC
2180 Bryant Street, Suite 210
San Francisco, CA 94110
info@qudio.com
(415) 671-6588

Note that the Seller (event organizer) has the right to file a counter-notification with our Designated DMCA Agent, informing us that the content is not infringing, and if such a counter-notice is filed, we must re-host the content unless the original copyright holder files a lawsuit.

AVAILABILITY, ERRORS, AND INACCURACIES

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

LINKS TO OTHER WEB SITES

Our Service contains links to third party web sites or services that are not owned or controlled by Cinematiq, LLC. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit. In particular, our Service facilitates the playback of certain videos on demand, and such on demand services are provided by Vimeo, a third party. We are not liable for Vimeo’s failure to deliver any on demand video, or any other action or failure to act by Vimeo. Additionally, our Service facilitates an optional chatroom for each event, and that service is provided by a third party, Rumbletalk. We are not liable for any failure of the chat service during the event, or any other action or failure to act by Rumbletalk.

TERMINATION

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Cinematiq, LLC and its licensee and licensors, and their employees, contractors, agents, members and managers, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) content posted on the Service. LIMITATION OF LIABILITY In no event shall Cinematiq, LLC, nor its members, managers, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

EXCLUSIONS

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. CALIFORNIA’S CHILDREN ONLINE PRIVACY PROTECTION ACT (COPPA) We comply with the requirements of California’s Children Online Privacy Protection Act (COPPA). We do not specifically market to children under the age of 13; our Service, website, products and services are all directed to people who are at least 13 years old or older. We do not knowingly collect any information from anyone under 13 years of age.

FORCE MAJEURE

We will not be liable for any delay, interruption, or failure in the provisioning of services of caused by acts of God, declared or undeclared war, civil unrest, terrorism, internet failures, fire, flood, storm, slide, earthquake, pandemic, power failure, labor disputes, governmental act or court order, national emergency, or other similar events beyond our control that may prevent or delay service provisioning that is not within our control.

GOVERNING LAW; WAIVER & AUTHORITY TO CONTRACT

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions. You agree that any legal lawsuit or other action brought by us, you or any third party to enforce these Terms, or in connection with any matters related to the Service, shall be subject to the jurisdiction of the courts located in San Francisco County, CA. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. You represent to us that you are lawfully able to enter into contracts (e.g., you are not a minor). If you are entering into this agreement for an entity, such as the organization or company you work for, you represent to us that you have legal authority to bind that entity. If you are agreeing on behalf of an entity, “you” and “your” will refer to that entity.

SEVERABILITY

Whenever possible, each provision of these Terms shall be interpreted so as to be effective and valid under applicable law. If any provision of these Terms is held to be prohibited by, or invalid under, applicable law, any other application of such provision and the remainder of these Terms shall not be affected thereby. CHANGES We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will bring it to your attention by placing a notice on our website, by sending you an email, and/or by some other means. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you are no longer authorized to use the Service. We shall not be responsible for damage or other problems caused by any unauthorized change to these Terms made by way of hacking or cracking this page. We reserve the right at any time and from time to time to modify, discontinue, temporarily or permanently, the Service or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modifications, suspensions or discontinuance of the Service.

CONTACT US

If you have questions or comments regarding the Service, these Terms, or any of our products or services, please email us at info@qudio.com.

Our address is:
2180 Bryant Street, Suite 210
San Francisco, CA 94110