TERMS AND CONDITIONS Xrunda.se and Xrundan.se and Xrundan.com web pages and apps are wholly owned by Rowing Nation AB, a Swedish Corporation. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE XRUNDA SERVICES OFFERED BY ROWING NATION AB, (HEREIN “XRUNDA/RNAB”), THESE TERMS AND CONDITIONS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE XRUNDA MOBILE APP AND WEBSITE AT HTTP://XRUNDAN.SE and XRUNDAN.COM (THE "SITE") AND THE SERVICES, FEATURES AND CONTENT OFFERED BY XRUNDA/RNAB (COLLECTIVELY WITH THE SITE, THE "SERVICE").
Objective of Xrunda/RNAB Service. Xrunda/RNAB’s app and webpage are available to the public for the purpose of providing an incentive for weekly exercise, to record the instances of physical exercise that the various clubs, schools and other organisations generate via individuals competing for those clubs, and to record and publish the results of the quiz competition. A secondary objective is to provide a portal for voluntary donations to charitable and/or volunteer driven organisations, such as sports clubs and charities. Xrunda/RNAB is a for-profit fundraising company, and as with all such fundraising companies, may retain some of the donation to pay company expenses. The club you support understands this. See “Donation payments to Clubs and Organisations” below.
Definitions. “User” - any individual who uses the Service, whether user uses only the free portion (access to questions and tally of right/wrong at end of session) provided within the app or pays for other ancillary services provided outside of the app such as being included in a) being listed in results reports on Xrunda.se webpage or b) being eligible for prizes and c) reporting weekly bana activity to county and state Parks and Recreation Dept. “Free User” - a user who plays Xrunda, but does not choose to donate to an organization. “Donating User” - a user who chooses to donate to organization. “Venue” - any walking path, bicycle path, hiking trail or other area where RowingXrunda/RNAB’s QR-codes are posted. “Host Organisation” - any approved club, school class, school, or charity that directly benefits from usage of a venue, and often has QR-code and other venue maintenance responsibilities. “Supported Organisation” - any approved organisation that a user chooses to compete for whether user donates to that club or not. “Approved” – refers to an organization that is approved by Rowing Nation AB as volunteer or charitable organization. “App” – Xrunda or Xrundan app, either iOS or Android versions.
Official Contest Rules. Xrunda is a free app which provides incentive to exercise and can be used as an educational tool. A user of the app has the option of playing for free or donating to an organization of their choice. Both options offer the equally the possibility to earn prizes. Additionally, donating does not unlock any services within the app not available to “play for free” users.
Prizes are earned, not “won by chance or via a contest”. This is in keeping with Xrundans goal of providing an incentive to exercise. Below is a table showing how weekly prizes are awarded (Press= coupon from Pressbyrå, Movie=movie ticket from SF Bio):
The number of prizes and of Xrundans necessarily completed to earn a prize may change from time to time. Prizes can be provided by local counties, businesses, clubs or Xrunda/RNAB.
Neither Apple, Inc. nor any affiliate of Google is a party to, or sponsor of, these competitions nor the app itself.
Any sponsors nor advertisers who appear in the app, nor companies which might appear in questions is responsible for content of questions in app or the corresponding website Xrundan.com
Disclaimer. Xrunda/RNAB makes no warranty that either questions or answers nor media (audio, video, pictures) are accurate. It is, of course, a goal that they are. Nor do we warrant that the “extra information” about the subject matter of each question is accurate. Xrunda/RNAB makes no warranty as to the reliability of, or access to, internet Mobile network services where the Xrunda/RNAB Service is located.
When registering an organisation, you are responsible for accuracy of information. Xrunda/RNAB will verify all registrations and has the right to deny participation if an organisation does not fit our criteria.
You shall not:
● create any account for anyone other than yourself without such person's permission;
● use a User Name that is the name of another person with the intent to impersonate that person;
● use a User Name or Xrunda/RNAB account that is subject to any rights of a person other than you without appropriate authorization; or
● use a User Name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.
Xrunda/RNAB reserves the right to refuse registration of, or cancel a User Name in its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Xrunda/RNAB password. You shall never use another user's account without such other user's prior express permission. You will immediately notify Xrunda/RNAB in writing of any unauthorized use of your account, or other account related security breach of which you are aware. You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized
to enter into, and bind the entity to, these Terms and Condition and register for the Service. Xrunda/RNAB suggests that guardians of users under the age of 17 accompany the user when playing. Xrunda/RNAB makes no claim to monitor age of users, nor contact guardians of users independent of age of user. Xrunda/RNAB may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms and Conditions are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms and Conditions or use of the Service is prohibited and, in such circumstances, you agree not to use or access the Services in any way.
Mobile Telephone and Device Services. If you use a mobile device, please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply. In the event you change or deactivate your mobile telephone number, you agree that you will update your account information. Xrunda/RNAB takes no responsibility for your costs incurred for using any mobile device to access the Service. As stated in Access above, Xrunda/RNAB, nor any organisation that hosts, supports or is supported or is affiliated by or with the Service makes no claim or guarantee that any particular mobile telephone service offers coverage where the Service is offered. If poor mobile telephone service causes you not be able to finish all 15 questions, Xrunda/RNAB is under no obligation to refund your payment, nor give you credit for for you payment in any way. We suggest you find a bana and test mobile telephone service coverage by playing for free first.
Xrunda/RNAB Content. The Service contains Content specifically provided by Xrunda/RNAB or its partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial (whether or not for profit) use or in any way that violates any third party right. Additionally, you shall not screen shot, photocopy or archive Xrunda/RNAB content, with the sole exception of the results screen after each runda. Xrunda/RNAB does not guarantee that all questions and answers, more pictures, audio or video in the questions are factually correct, and makes no representations to the affect.
Answers, results and statistical analysis. We may use your Answers directly or as part of statistical analysis in a number of different ways in connection with the Site, Service and Xrunda/RNAB’s business as Xrunda/RNAB may determine in its sole discretion, including but not limited to, publicly displaying it, reformatting it, incorporating it into marketing materials, advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing other users to do the same in connection with their own websites, media platforms, and applications (“Third Party Media”).
You understand that all answers and user names are publicly posted on Xrundan.se results page as well as made available to participating organizations; that Xrunda/RNAB will not be liable for any errors or omissions in any Content; and that Xrunda/RNAB cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.
Pricing and Refund Policy Xrunda/RNAB endeavors to set pricing of donation in a way that makes donating easily affordable, yet allows individuals and both Supported and Host Organisations to participate, while simultaneously allowing financial viability for Xrunda/RNAB. You agree that Xrunda/RNAB can change pricing at the beginning of any new week. Xrunda/RNAB, nor any organisation affiliated with or using the Service offer refunds under any circumstances.
Rules of the Service and of user Conduct. The Service is based on the honor system. As a condition of use, you promise not to cheat in any fashion, either using material copied that gives you the answer in advance, or informing in any way, any individual of answers in advance of them playing. You are responsible for all of your activity in connection with the Service. Additionally, you shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a)take any action or (b)upload, download, post, submit or otherwise distribute or facilitate distribution originating from the Service, with the sole exception of the results screen after each runda. New questions are posted each Sunday, anytime between the hours of 12.00 and 6.00. Should you miss a question, it will be counted as wrong, and your results will be counted into the statistics collected
Payments from Xrunda/RNAB to Host and Supported Organisations. Host and Support Organisations will, once actual donation payments have been verified by Xrunda/RNAB, receive monthly deposits in accordance with bana usage, and ancillary cost agreements if any, from Xrunda/RNAB into the bank account listed on the Host or Supported Organisation’s website, or the account agreed to. In general, these payments are 35% of the suggested donation of 35 Swedish crowns to the club the user chose in the app to support. An additional 10% of the 35kr donation will be paid to the club/organization that hosts the particular bana if there is a Host club named. Should the user choose to “compete for” his employers “Company Team”, and employer is in contractual good-standing with Xrunda/RNAB then 100% (up to a certain number of users) is paid to the chosen supported organisation. Once the max number of users who play on thier employer’s team and have donated is reached, then 90% of the 35kr donation goes to the chosen supported organisation.
Xrunda/RNAB makes no claim regarding legal status or treatment of these payments, but expects that supported organisations are familiar with local tax laws and regulations and treat these payments accordingly. Host Organisations agree not to accept payment from users for use of the Service and understand that Xrunda/RNAB will pay to Host Organisation the agreed upon percentage of User fees collected by Xrunda/RNAB in exchange for using their bana and for their maintenance of signage. Should Xrunda/RNAB become aware of frequent falsifications of payment by supporters of a particular organisation, Xrunda/RNAB reserves the right to remove that organization from the list of organizations in the app that are available to support.
Special Terms for Host Organisations and Venue Policy Host organisations also agree to Xrunda/RNAB’s Venue Terms and Conditions as listed on site. Additionally, Host Organisations agree not to utilize the Play for Free option for financial gain in any way nor for competition. Host Organisations agree not to accept payment or donations directly from users for use of the Service and understand that Xrunda/RNAB will pay to Host Organisation the agreed upon percentage of User fees collected by Xrunda/RNAB. Host Organisations will be provided access each month to weekly results of who supported them (whether playing for free or donating), have the right to provide prizes to users, and to post on their website links to Xrunda.se result pages and even information from results provided to Host Organisation by Xrunda/RNAB. Should Xrunda/RNAB suspect or become aware of any payments or donations being made for the Service that are not directly to Xrunda/RNAB, Xrunda/RNAB has the right to ask the Host Organisation to remove the QR codes from their bana. As part of the terms and agreements you agree to, you agree to comply with removal of the QR codes within 2 weeks of our request.
Sponsorship Xrunda/RNAB reserves the right to show sponsor logos in the app and during app usage.
Third Party Sites and Services. The Service may provide links to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under Xrunda/RNAB’s control, and you acknowledge that Xrunda/RNAB is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Xrunda/RNAB or any association with its operators. You further acknowledge and agree that Xrunda/RNAB 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 the use of or reliance on any such Content, goods or services available on or through any such website or resource.
Xrunda/RNAB may terminate your access to the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid hereunder are non-refundable. All provisions of these Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Warranty Disclaimer. Save to the extent required by law, Xrunda/RNAB has no special relationship with or fiduciary duty to you. You acknowledge that Xrunda/RNAB has no control over, and no duty to take any action regarding: which users gain access to the Service. You release Xrunda/RNAB from all liability for you having acquired or not acquired Content through the Service. You release us from all liability relating to your connections and relationships with other users, nor for thier behavior. You understand that we do not, in any way, screen users, nor do we inquire into the backgrounds of users or attempt to verify their backgrounds or statements. We make no representations or warranties as to the conduct of users. THE SERVICE, CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW. Xrunda/RNAB, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITE, SERVICE AND CONTENT IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification. You shall defend, indemnify, and hold harmless Xrunda/RNAB, its affiliates and each of its and its affiliates' employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the Service, Content, or otherwise from your User Submissions, violation of these Terms of and Condition, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity (save to the extent that a court of competent jurisdiction holds that such claim arose due to an act or omission of Xrunda/RNAB). Xrunda/RNAB reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Xrunda/RNAB in asserting any available defenses.
Limitation of Liability. ALL LIABILITY OF Xrunda/RNAB, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HOWSOEVER ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE THE SITE, SERVICE, CONTENT, USER SUBMISSIONS IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, SAVE THAT, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF Xrunda/RNAB, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS (AS APPLICABLE) HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED IN AGGREGATE TO ONE HUNDRED US DOLLARS ($50). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Xrunda/RNAB, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT Xrunda/RNAB, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO THE SITE, SERVICE, CONTENT, USER SUBMISSIONS FOR: INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES; LOSS OF ACTUAL OR ANTICIPATED PROFITS; LOSS OF REVENUE; LOSS OF GOODWILL; LOSS OF DATA; LOSS OF ANTICIPATED SAVINGS; WASTED EXPENDITURE; OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. NOTHING IN THESE TERMS AND CONDITIONS SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS AND CONDITION. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, Xrunda/RNAB’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. SOLELY IN RESPECT OF USERS LOCATED IN EUROPEAN ECONOMIC AREA (EEA) AND/OR AUSTRALIA, NOTHING IN THESE TERMS AND CONDITIONS SHALL BE DEEMED TO EXCLUDE OR LIMIT OUR OR YOUR LIABILITY (AS APPLICABLE) IN RESPECT OF:
● DEATH OR PERSONAL INJURY ARISING AS A RESULT OF OUR OR YOUR NEGLIGENCE (AS APPLICABLE);
● FRAUD (INCLUDING FRAUDULENT MISREPRESENTATION), THEFT OR OTHER CRIMINAL ACTIVITY; OR
● ANY BREACH OF ANY OBLIGATIONS IMPLIED BY SECTION 12 OF THE SALE OF GOODS ACT 1979 OR SECTION 2 OF THE SUPPLY OF GOODS AND SERVICES ACT 1982.
Governing Law. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Xrunda/RNAB agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. Save for users located in the EEA and/or Australia, the following arbitration and governing law provisions shall apply: These Terms and Conditions shall be governed by and construed in accordance with the laws of the country of Sweden. Solely in respect of users located in the EEA and/or Australia, the following governing law provisions shall apply: These Terms and Conditions and any disputes or claims arising out of or in connection with it shall be governed by, and construed in accordance with, the laws of England. All disputes or claims arising out of or relating to these Terms and Conditions shall be subject to the exclusive jurisdiction of the English Courts to which the Parties irrevocably submit.
Integration and Severability. These Terms and Conditions are the entire agreement between you and Xrunda/RNAB with respect to the Service and use of the Service, Content, User Submissions and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Xrunda/RNAB with respect to the Site. If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms and Conditions will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms and Conditions to be binding, Xrunda/RNAB must provide you with written notice of such waiver through one of its authorized representatives.
Miscellaneous. Xrunda/RNAB shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Xrunda/RNAB’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). These Terms and Conditions are personal to you, and are not assignable, transferable or sublicensable by you except with Xrunda/RNAB’s prior written consent. Xrunda/RNAB may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and Conditions and neither party has any authority of any kind to bind the other in any respect. Unless otherwise specified in these Term and Condition, all notices under these Terms and Conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Solely in respect of users located in the EEA and/or Australia, in respect of these Terms and Conditions and your use of this Site, Service, Content, User Submissions or Add-to Link, nothing in these Terms and Conditions shall be deemed to grant any rights or benefits to any person, other than us and you (and our and your respective successors in title or assignees), or entitle any third party to enforce any provision hereof, and we and you agree that we do not intend that any provision of these Terms and Conditions should be enforceable by a third party by virtue of the Contracts (Rights of Third Parties) Act 1999.
Language. Where Xrunda/RNAB has provided you with a translation of the English language version of these Terms and Conditions, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Xrunda/RNAB.
If there is any contradiction between what the English language version of these Terms and Conditions says and what a translation says, then the English language version shall take precedence.
Contact. You may contact Xrunda/RNAB (Rowing Nation AB) at the following address: Ängstigen 23, 56632 Habo, Sweden Phone +46 708 321 496
Effective Date: July 28, 2018