LAST UPDATE: 23.07.2024

Welcome to RisingNow Club, accessible at www.risingnow.club (the "Website"). The Website is the official site of Cool Generation s.r.o. (hereinafter referred to as the "Company" or "RisingNow Club"), registered in the Czech Republic. These Terms & Conditions (the "Terms") apply to the Website, any subdomains, and services provided through the Website.

By accessing or using the Website and any services made available through it and affiliated websites, if any, you ("User" and collectively "Users") agree without modification to be bound by these Terms.

The services (as further described) are provided by the Company, and the Terms "we," "us," and "our" refer to this legal entity. The Company may change the scope of services or discontinue them entirely at any time.

Our mission is to connect like-minded individuals by organizing workshops and events to meet each other, share ideas, learn together and discuss topics that matter to us. We continuously work on improving our services, prioritizing the experiences of our Users. We also customize RisingNow Club for you based on the information you provide and your usage (e.g., your interests or past events you attended). This allows us to recommend experiences we believe you will find relevant and interesting.

We understand that joining a community and services like ours can be a new experience for many. Therefore, we make every decision with the goal of providing the experience you hoped for. Should you have any questions regarding these Terms, your application, membership, or any aspect of our services, please contact us at hey@risingnow.club.

These Terms affect your legal rights and obligations, including your right to file a lawsuit. If you do not agree to these Terms, do not access or use the services.

Information on our Website may be changed or removed at any time without prior notice. The Company reserves the right to modify these Terms or any policy or guideline of the Website at any time at its sole discretion without prior consent. We will notify you of changes by posting the revised Terms on the Website and updating the "Last Revised" date. You should regularly check this page for updates. If you disagree with any changes, do not use the Service. You may close your account by contacting us at: hey@risingnow.club.

Subject to applicable law, the method of notification will be at the Company's sole discretion. Using a particular form of notice in some instances does not obligate us to use the same form in other instances unless required by law. Changes or modifications will be effective immediately upon posting on the Website or when the Company transmits the information to Users (e.g., via email). These changes will apply to all current and subsequent users of the Website. Your continued use of the Website constitutes acceptance of such changes. If you do not agree to the Terms in effect when you access or use the Website, you must stop using it.

Introduction 

RisingNow Club provides the Website and related services, including those related to events or experiences (collectively an "Experience"), venues, locations, and other online and in-person interactions (collectively, the "Service") to its Users, subject to these Terms. The Experiences are designed for individuals to try new activities and meet new people. These Terms constitute a legally binding agreement you must accept to use the Services. By submitting an application to RisingNow Club, purchasing RisingNow Club membership, RSVPing or attending an event, or otherwise using the Services, you agree to be bound by these Terms, our Privacy Policy, our Community Guidelines, and any additional Terms that apply to you at all times. If you do not agree, or do not have the authority to accept these Terms, you must not use the service.

We will provide services under these Terms with reasonable skill and care. However, although we provide the Service for individuals to connect and enjoy Experiences, we are not responsible for the Experiences themselves or any consequences of hosting or attending an Experience arranged through the Service. For more details, please see section Disclaimers.

Notice regarding dispute resolution for U.S. users: this notice applies to U.S. users only. If you are (a) a U.S. citizen; (b) a person that resides in the U.S.; or (c) a person accessing the website from the U.S. (a "u.s. user"), these Terms contain provisions that govern how claims you and we have against each other are resolved, including an obligation to arbitrate disputes, which will, subject to limited exceptions, require you to submit claims against us to binding arbitration, unless you opt-out. unless you opt-out of arbitration: (a) you will only be permitted to pursue claims against us on an individual basis, not as part of any class or representative action or proceeding; and (b) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

The Website is provided "as is" and "as available." The Company does not guarantee that the Website will meet the User's expectations. The Company takes reasonable care in providing the Website but cannot guarantee the accuracy of any information regarding any Experience. To the extent permitted by law, the Company shall not be held liable for any errors or interruptions, but it will strive to correct such issues as soon as possible under the circumstances. Our platform is not a recommendation or endorsement of any Experience.

Application and Registration Process

To gain access to the Services, prospective users must complete a brief application. Accepted users will be offered membership and access to the Services (including Experiences) for a fee, payable via our payment system. While all applications are considered, we retain complete control and discretion over who is granted membership. Those not granted access will be placed on a waitlist, which is continually reviewed for potential admission.

We select community members who we believe will adhere to our code of conduct and respect user privacy, as agreed to in these Terms. The Company retains the unilateral right, at its discretion and without prior notice, to deny the User access to the Website, remove User-uploaded content (partially or entirely), and take other actions. We periodically review our community and remove users who do not act in accordance with our code of conduct or these Terms or who engage in disrespectful, inappropriate, or improper behavior.

When registering on the Website, the User must provide accurate and complete information. Failure to do so constitutes a breach of the Terms, potentially resulting in immediate termination of your account.

By registering on the Website, the User agrees to use the Website only for purposes permitted by the Terms and applicable laws, regulations, or generally accepted practices or guidelines in the relevant jurisdictions.

When you apply for the Service (by filling out and submitting the application form via the Website or any other service, such as Lu.ma or Google Forms) or use the Service, you automatically agree to these Terms and our Privacy Policy. You should not submit your application or continue using the Services if you disagree with the Terms and Privacy Policy.

Membership Plans

Upon acceptance as a member, applicants must select a payment option (“Membership”). Membership payments start on the date you sign up for a Membership and automatically renew according to the selected period (“Membership Interval”), and we will automatically bill the Membership fee to your Payment Method (defined below) each period until your subscription is canceled via a written request sent to hey@risingnow.club or terminated. Each billing cycle is one month or three months (“quarter”) in length (a "Membership Interval"). For example, if you purchase your monthly RisingNow Club subscription on March 3, your subscription will automatically renew and be billed on April 3.

You must provide us with a current, valid, accepted method of payment ("Payment Method"). If RisingNow Club is unable to charge the membership payment from your Payment Method (bank account, debit, or credit card provided by the User) or invoices are unpaid by the User, RisingNow Club has the right to terminate the membership and stop the provision of access and Services without prior notice to the User immediately.

In addition to membership fees, users can purchase additional Services, such as experiences, events, trips, or Digital and Physical Products. Any such purchases will also be paid via the payment platform and are subject to the Terms. We reserve the right to raise or lower the price of our membership fees, Services, Products, and other charges, and to create additional tiers or types of membership and Services at any time. We do not offer refunds for any reason other than as set forth in the Terms. Unused Experiences or unattended Events included in monthly membership or purchases will not be refunded upon the expiration or termination of a user’s membership.

Using the Service

Access to our Service is permitted on a temporary basis. We may suspend, withdraw, discontinue, or change all or any part of the Service without notice. We will not be liable to you if for any reason our Service is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to the Service. You are also responsible for ensuring that all persons who access the Service through your internet connection and/or devices are aware of these Terms and that they comply with them.

It is the User’s responsibility to attend the event related to the Experience. If the User is traveling for the Experience from abroad, the User is responsible for the necessary travel documentation and compliance with entry and health requirements, as applicable.

Users are responsible for monitoring event updates and notifications provided by RisingNow Club and/or the Host (if applicable) regarding any cancellations or changes to the scheduled Experience.

The Company maintains the right to change the services offered and their pricing at any time and at its sole discretion, without prior notice.

Terms and Termination

These Terms remain in full force and effect while you use the Website and the Services or have a RisingNow Club membership. You may terminate your membership at any time, for any reason, by sending a message to hey@risingnow.club. Likewise, RisingNow Club may, in its sole discretion, suspend or terminate your account or your access to any part of the Website or the Services without notice and remove and discard any content within the Website, for no reason or for any reason whatsoever, including, without limitation, (i) for lack of use, (ii) if RisingNow Club believes in its sole discretion that you may have breached these Terms or otherwise failed to uphold its membership ideals, (iii) for any other reason as RisingNow Club may determine from time to time, including terminations in connection with periodic membership reviews and membership count adjustments. If you violate any portion of these Terms, your permission to access and use the Website may be suspended and/or terminated immediately pursuant to these Terms. In addition, we reserve the right to avail ourselves of all legal remedies for any such violation.

RisingNow Club may also, in its sole discretion and without notice, discontinue providing the Services or any part thereof. You agree that any termination of your account or access to the Services under any provision of these Terms may be effected at any time without prior notice, and you acknowledge and agree that upon such termination RisingNow Club may immediately deactivate or delete your account and all related information and files in your account or bar any further access to such files or the Service. The same discretion may be used to prohibit your access to the Experiences. Further, you agree that payment of all membership fees is final and non-refundable.

If we suspend or terminate your rights to use the Website and the Services: you must stop all activities authorized by these Terms, including your use of the Website (and any Content), Experiences, and any other parts of the Services.

RisingNow Club will not provide any refunds for prepaid membership or the Event fees that are a part of the membership fee. RisingNow Club will not be liable to you or any third party in connection with any such termination. By using the Website you acknowledge and agree that certain features, products, events, and other aspects of the Website and, more generally, the Services, are not available to all Users. For example, use of the Website is only available to members, but certain aspects of the Services, such as those related to events, may be available to non-members. Further, certain features and updates within the Website are frequently beta-tested among a small portion of our Users and other more permanent features are made available only to certain segments of our Users based on their location, preferences, use of the Website, and other factors.

At our sole discretion, you may be eligible for the refund of an Experience that is paid for separately from your membership fee, should you notify the RisingNow Club team about the termination at hey@risingnow.club (official email address) in ample time (at least 72 hours in advance of the Experience).

Commercial Use

The Website is intended for your personal use exclusively, and it may not be employed for any business-related activities under any circumstances. This includes an explicit prohibition on the resale of the Services for commercial purposes. Therefore, any utilization of the Website that extends beyond your personal, private use or serves commercial or business objectives, whether on behalf of individuals associated with you or third parties, is strictly forbidden. Users may not use any information obtained from the Website to contact, advertise to, solicit, or sell to any other User without his or her prior explicit consent. Legal entities and/or businesses may not use the Website for any purpose except with RisingNow Club's express consent, which consent may be withheld at our sole discretion.

Experiences, Meetings, User Interaction

After we receive a membership fee from you or after the purchase of tickets to participate in Non-member Experiences, you will be permitted to choose and attend an Experience according to your membership tier or the list of available Non-member Experiences. When you book an Experience, the RisingNow Club team will review all applications for the applicable Experience and will select which Users will be entitled to participate in the Experience. RisingNow Club shall have full discretion over the selection of Users, including the overall number of accepted Users. We do not guarantee that you will be selected for any given Experience.

We, or an organiser of the Experience ("Host"), may require additional verifications or other information from you prior to selecting you to participate in the Experience. If any information you provide is incomplete or inaccurate, you may not be able to participate in the Experience. The search for the appropriate Experience is carried out by the User. The Company doesn't make any promises or representations regarding the Experience. Making the right choice(s) is entirely the User’s responsibility. When concluding the contract for the purchase of access to the Experience, we may act as the commercial agent of the Host. It is imperative to understand that when procuring access to the Experience, you are not directly purchasing it from the Company but from the Host. These external Hosts serve as the actual providers of access to the Experience you acquire.

When attending an Experience, you must act with respect towards other Users. In particular, you must not do anything that is not permitted under applicable local, national, or international law or regulation; act in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect; harm or attempt to harm any User, or any other adult, child, or animal, in any way; or bully, insult, intimidate, or humiliate any User or other person.

We reserve the right to limit, change, or cancel any Experience where we have a reason for doing so, at our sole and absolute discretion, even after you have booked access to the Experience or attempted to redeem your Experience. If this happens, we will do our best to notify you in advance via our official channels (Instagram or email) if it is possible for us to do so. If we cannot notify you in advance, we will provide a written explanation for the limitation, modification, or cancellation within a reasonable time thereafter.

In our role as an intermediary, we exert diligent efforts to ensure the accuracy of information and the transparency of pricing, which includes specifying costs on a per-ticket and per-person basis, including applicable taxes. However, it is essential to note that certain Hosts may levy local taxes, which, regretfully, we cannot administer on their behalf.

Please be aware that cancellations of access to the Experience are only possible when explicitly mentioned in the Experience description. Regrettably, certain Hosts do not permit changes or cancellations after your purchase, and in such cases, we are unable to intervene.

In the event that an Experience is cancelled by the Host, RisingNow Club assumes no additional responsibilities beyond facilitating the refund process. Users will receive a full refund for any bookings made for the cancelled Experience. RisingNow Club will promptly initiate the refund process and reimburse users through the original Payment Method used for the purchase of access to the Experience.

It's important to note that we cannot guarantee refunds from the Hosts in cases where you are dissatisfied with your purchase, or if you've made a booking for the wrong Experience. European consumer laws grant specific rights, including a legal reflection and withdrawal period for certain online purchases. However, these rights do not extend to leisure services scheduled for a particular date or period, and this exception may apply to certain Experiences. While our Terms largely cover those of the Hosts, it is important to acknowledge that additional Terms and conditions may also apply. By accepting our Terms, you also agree to these supplementary Terms and conditions, including any applicable Terms and conditions of the Hosts.

Occasionally, certain Hosts and/or venues may have specific requirements such as arrival times, dress codes, insurance coverage, or valid identification. These requirements are generally logical and can be easily understood. We make a point to highlight the most significant ones on the Website, in the emails you receive.

In certain situations, the User has the option to direct the Company to act as their agent, at the User's expense, for the acquisition of access to the Experience. The Company does not procure access to the Experience in advance and exclusively takes action to fulfill the User's booking once the User's funds for this purpose have been received. The expenses associated with the Company's execution of this booking, encompassing access to the Experience costs, will be itemized within the User's order on the Website unless alternative arrangements have been agreed upon.

Uploading and Using Content

The following are types of content you will encounter through your use of the Website: “RisingNow Club Content” means any content published or made available by us through the Website (as well as any emails, chats, our notifications, and any other channels); and “User Content” means content provided by Users of the Service, including, but not limited to, messages, comments, videos, music, photographs, or text, whether provided, publicly posted, or privately transmitted by the Users.

RisingNow Club Content and User Content are together known as the “Content”. You are permitted to use the Content as part of your use of the Service in accordance with these Terms.

We are the owner or licensee of all intellectual property rights in the RisingNow Club Content and the Website. You have no intellectual property rights in, or to, the RisingNow Club Content and the Website other than the right to use them in accordance with these Terms. We may update our Website and the RisingNow Club Content from time to time. If you choose not to install such updates or if you opt out of automatic updates, you may not be able to continue using the Website. The Company grants you a limited, nonexclusive, non-transferable license, subject to these Terms, to access and use the Website as well as RisingNow Club Content, and any materials, information, and functionality available in connection therewith solely for information or the provision of the Services as expressly permitted by the Company from time to time.

Any other use of the Website or the Content is expressly prohibited. You will not copy, transmit, distribute, sell, resell, license, decompile, reverse engineer, disassemble, modify, publish, participate in the transfer or sale of, create derivative works from, perform, display, incorporate into another website, or in any other way exploit any of the Content or any derivative works thereof, in whole or in part, for commercial or non-commercial purposes. Without limiting the foregoing, you will not frame or display the Website or the Content (or any portion thereof) as part of any other website or any other work of authorship without the prior written permission of the Company.

All User Content on the Website is owned by the relevant User or their respective licensors and may be protected by copyright laws around the world, which include the author’s right to be identified as the author. Nothing in these Terms is intended to affect such rights.

The User acknowledges and agrees that RisingNow Club, in performing the required steps to provide the Services to the User, may (i) transmit or distribute the User Content over various public networks and in various media; and (ii) make such changes to User Content as are necessary to provide the Services. RisingNow Club reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all User Content from the Website.

You are solely responsible for the User Content and information that you post, upload, publish, link to, transmit, record, display, or otherwise make available (collectively, “post”) on the Website or transmit to other users. You may not post as part of the Website, or transmit to the Company or any other user (either on or off the Website), any offensive, inaccurate, misleading, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, exploitative, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of confidentiality, privacy, and publicity). You represent and warrant that (i) all information that you submit upon creation of your account, including information submitted from your account on Social Networking Services, is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading, or false and (ii) you have the right to post the Content on the Website and grant the licenses set forth below. You understand and agree that the Company may, but is not obligated to, monitor or review any Content you post as part of the Website.

The Company may delete any Content, in whole or in part, that in the sole judgment of the Company violates these Terms or may harm the reputation of the Website or the Company. By posting Content as part of the Service, you grant to RisingNow Club a worldwide, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify, and distribute the Content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones. The Company reserves the right, in its sole discretion, to investigate and take any legal action against anyone who violates this provision, including removing the offending communication from the Website and terminating or suspending the account of such violators.

Your use of the Website, including all Content you post through the Website, must comply with all applicable laws and regulations. You agree that the Company may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Website in the future; or (v) protect the rights, property, or personal safety of the Company or any other person. You agree that any Content you place on the Website may be viewed by other users and may be viewed by any person visiting the Website or purchasing the Services (such as individuals who may receive shared Content from other RisingNow Club users). You further grant us and our affiliates, agents, service providers, partners, and other associated third parties a royalty-free license to use your username, image, and likeness to identify you as the source of any of your User Content.

Should any User Content infringe the intellectual property rights of a third party, the User agrees to immediately remove all infringing parts of the User Content and indemnify RisingNow Club for all damages, costs, and expenses incurred as a result of such infringement. Should RisingNow Club be made aware or suspect that the User Content infringes any third party's intellectual property rights, RisingNow Club shall have the right to remove from the Website such User Content.

You will not, nor will you authorise or encourage any third party to (i) use the Website to upload, transmit, or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by the Company; (ii) use any robot, spider, other automated devices, or manual process to monitor or copy any content from the Website.

If you violate any portion of these Terms, your permission to access and use the Website may be suspended and/or terminated immediately pursuant to these Terms. In addition, we reserve the right to avail ourselves of all legal remedies for any such violation.

The Company will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of any user feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

User Authorization

Users authorize RisingNow Club to use any photographic image and/or video footage that portrays them if carried out in the context of an Experience, without prejudice to the right to revoke this authorization by means of written communication.

Users also irrevocably authorize RisingNow Club to use all the Contents and every part or element thereof, without any restriction, worldwide, in perpetuity and in any case for the entire duration of the legal protection as sanctioned in every country in the world.

By way of example but not limited to, the aforementioned authorization also includes the right to: publish, disseminate, communicate to the public and make it available to the public so that everyone can have access to it at the time and place chosen individually, in whole or in part, with any means and/or technology and with any modality (including interactive), currently known and/or developed in the future, the Contents through the Website or any other RisingNow Club public channel (for example, Instagram); for the purposes of the above, reproduce and modify the Contents in any way or form to comply with the technological constraints imposed by the operating methods of the chosen distribution channel, the Website. The above rights are understood to be granted on a non-exclusive basis and therefore the User remains entitled to use the same Contents in any form and manner.

Payments and Taxes

The User’s payment of the membership fee or for the selected Experience signifies a complete and unconditional agreement with the total cost of the membership fee and/or Experience.

Payment is made online through the payment system. Payment is possible using all available payment methods provided by the payment system. If applicable, the Company (as an agent) is entitled to receive the invoiced amounts in the name of and on behalf of the Hosts, unless otherwise expressly stated in the invoices.

Please note the Terms and conditions of your payment services provider may apply and you shall be responsible for any fees charged by such a payment services provider.

All expenses (including taxes) related to the use of the Website are to be borne by the User independently.

In the event of a payment processing error, various factors may contribute to this issue. These factors can include the Company, our payment provider, the Hosts, or even your bank or credit card provider. A failed payment results in the absence of a binding agreement between you and the Company and/or the Host. We will promptly notify you of the payment status for your awareness.

All prices mentioned on our Website include VAT (if applicable). Note that specific VAT rules may apply to the Experiences. The amount of VAT (if any) included in the price depends on the destination of the event as well as the Host’s VAT status.

Additional local taxes (e.g. local tax) may be levied locally, over which we have no influence. The payments by the Users shall include all applicable taxes in respect of the Ticket in the jurisdiction of the supplier.

Prohibited Activities

The Company reserves the right to investigate, suspend, or terminate your account if you misuse the Service or act in a way the Company regards as inappropriate, improper, unlawful, or not in alignment with the values and mission of the Company, including actions or communications that occur outside of the Website. Such inappropriate, improper, and unlawful behavior includes, but is not limited to: (i) emailing or otherwise uploading any Content prohibited by these Terms; (ii) nterfering with or disrupting the Website or servers or networks connected to the Website, or disobeying any requirements, procedures, policies, or regulations of networks connected to the Website; (iii) violating any applicable local, state, national, or international law, or any regulations having the force of law; (iv) harassing, intimidating, abusing, bullying, exploiting, threatening, or stalking others; (v) disclosing the identity of any user; (vi) taking screenshots or otherwise copying, disclosing, or sharing content from the Website; (vii) impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity; (viii) soliciting personal information from anyone under the age of 18; (ix) soliciting payment from any user; (x) harvesting or collecting email addresses or other contact information of other users from the Website by electronic or other means for the purposes of sending unsolicited emails or other communications, or for distribution into external groups or platforms (e.g., Facebook, Telegram, WhatsApp) for purposes not related to the Website; (xi) promoting, marketing, advertising, or offering to sell or buy any goods or services for any business purpose not specifically authorized; (xii) interacting with others in an aggressive, disrespectful, distasteful, or otherwise improper manner, as determined by the Company; (xiii) making any statement, whether by posting content or otherwise, that is hate speech, threatening, racist, pornographic, sexually explicit, libelous, defamatory, promoting violence or weapons, commercial in nature, or otherwise deemed improper by the Company; (xiv) furthering or promoting any criminal activity or providing instructional information about illegal activities; (xv) obtaining or attempting to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Website; (xvi) misrepresenting your identity, status, qualifications, or affiliations; (xvii) disclosing information that you do not have the right to disclose; (xviii) harvesting Users from the Website into external communication channels or platforms, including but not limited to Facebook, Telegram, and WhatsApp groups.

You also agree that you will not: make the Website or any Content available in any form, in whole or in part, to any other person without prior written consent from us; make commercial use of the Website or any RisingNow Club Content or content from other users of Service; remove, hide, or change any copyright, patent, trade mark or other proprietary rights notices affixed to the Website or any RisingNow Club Content or content from other users of RisingNow Club Service; copy the Website or any RisingNow Club Content or content from other users of the Website, except as part of the normal use of the Website or where it is necessary (and permitted by law) for the purpose of back-up or operational security; translate, merge, adapt, vary, alter, or modify, the whole or any part of the Website, nor permit the Website or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the Website as permitted in these Terms; disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Website nor attempt to do any such things, nor otherwise attempt to derive the source code from or create derivative works based on the Website, or integrate the Website with other computer systems or programs, except to the extent that such actions cannot be prohibited by applicable law.

It is prohibited to insult users of the Website in any form. It is forbidden to display any rudeness, personal insults and obscene statements towards other users, harming their reputation, degrading their honour and dignity, including public clarification of personal relationships, both in private messages on the Website and in reviews of the Experiences (if any) the Users must maintain a respectful form of communication.

It is forbidden to show racial, ethnic and religious hostility, campaign for political parties, promote terrorism, extremism, drugs, religions and other topics that are incompatible with the generally accepted laws of morality and decency.

Threats of any nature (real, virtual and other threats against the Users) are prohibited.

We also condemn any actions of Hosts to create offers of services that imitate or copy previously created Experiences by anyone without the appropriate permission of the copyright holder.

The use of scripts, partially automated programs, or any other methods to gain an advantage in the purchasing process is strictly prohibited and may result in the User's account being permanently blocked.

Third Party Material and Websites

Third Party Content

Under no circumstances will RisingNow Club be liable for any User Content or other materials from third parties (including other users), whether posted on the Website or otherwise. This includes, but is not limited to, any errors or omissions in such content, or any loss or damage incurred from the use of such content. You acknowledge that RisingNow Club does not pre-screen content, but reserves the right (but not the obligation) to refuse or remove any content from the Website at its sole discretion. RisingNow Club and its designees may remove content that violates these Terms or is deemed objectionable. You agree to evaluate and bear all risks related to the use of any content, including reliance on its accuracy, completeness, or usefulness.

Third Party Websites

The Website may include links to or access to other sites and resources provided by third parties. RisingNow Club has no control over these sites and resources and does not endorse or take responsibility for them. You acknowledge and agree that RisingNow Club will not be liable for any damage or loss, directly or indirectly, arising from the use of or reliance on any content, events, goods, or services available through such third-party sites or resources. Any interactions or transactions with third parties encountered while using the Website are solely between you and the third party. You agree that RisingNow Club is not responsible for any loss or claim you may have against such third parties. Additionally, RisingNow Club is not responsible for the privacy policies or practices of other websites. When you click on a link directing you to another site, you are responsible for reviewing and understanding the privacy policies of that site.

Social Networking Services

Under no circumstances will RisingNow Club be liable for any User Content or other materials from third parties (including other users), whether posted on the Website or otherwise. This includes, but is not limited to, any errors or omissions in such content, or any loss or damage incurred from the use of such content.

You acknowledge that RisingNow Club does not pre-screen content but reserves the right (but not the obligation) to refuse or remove any content from the Website at its sole discretion. RisingNow Club and its designees may remove content that violates these Terms or is deemed objectionable. You agree to evaluate and bear all risks related to the use of any content, including reliance on its accuracy, completeness, or usefulness.

Third Party Websites

The Website may provide links to or access to other sites and online resources provided by third parties. RisingNow Club has no control over these sites and resources and does not endorse or take responsibility for them. You acknowledge and agree that RisingNow Club will not be liable for any damage or loss, directly or indirectly, arising from the use of or reliance on any content, events, goods, or services available through such third-party sites or resources. Any interactions or transactions with third parties encountered while using the Website are solely between you and the third party. You agree that RisingNow Club is not responsible for any loss or claim you may have against such third parties.

Disclaimers

To the fullest extent allowed by applicable law and except as expressly set forth herein, RisingNow Club makes, and hereby specifically disclaims, any representations or warranties, express or implied, statutory or otherwise, regarding the services contemplated by these Terms, including any implied warranty of fitness for a particular purpose. The Website is provided “as is,” without warranty of any kind, either express or implied. RisingNow Club does not warrant that (i) the Website will meet all of the user’s requirements or that the performance of the Website will be uninterrupted, virus-free, secure, or error-free, or (ii) the content of the Website will be complete, accurate, or free from technical defects or changes by unauthorized third parties. To the full extent possible under the applicable laws, RisingNow Club shall not be liable for the accuracy or completeness of customer-related data or data regarding the experiences.

Please note, although we provide the Services so that individuals may connect via Experiences or via other parts of the Services, we are not responsible for the Experiences themselves, or any other arrangements with other Users of the Services, and any consequences of attending an Experiences arranged through the Services, or connecting with other Users online or in-person. 

We do not assume any liability for any outcome of any interaction (online or offline) resulting from the Content, the Website and or any other parts of Services (including any resulting health issues, physical or mental harm, accident, or injury that you may suffer). You are advised to exercise good judgment and caution when acting on the information available through the Website. We also do not assume any liability arising from the cancellation of an Experience.

We do not guarantee that our Services will always be available or be uninterrupted.

All content on the Website is not intended to amount to any advice on which you should rely. However, where we provide any services to you, we will always do this with reasonable skill and care.

Although we use our reasonable efforts to update the service, RisingNow Club Content and the Website as much as we can to make it more relevant and interesting to users, we do not actively monitor the User Content and are under no obligation to update any content. Therefore, we make no representations, warranties, or guarantees (whether express or implied), that the content or the website are accurate, complete, and up-to-date, or to the suitability of the Website or the Content for you.

You are responsible for the information you share with other users when you disclose information on the Website or any other part of the Service (including, but not limited to service social network official pages). We are not responsible for the conduct of any User of the Website. You agree to use caution in all interactions with other Users, particularly if you decide to communicate off the Website or participate in an Experience as an attendee.

RisingNow Club is not responsible for the conduct of any User or your Experience at any in-person Meeting, Event or Venue you are invited to or otherwise attend through the Service. Your use of the Service is at your own risk. You are solely responsible for your interactions with others through the Service – this includes, but is not limited to, interactions through the Website, in-person interactions with those you meet through the service, and your attendance at any event or venue promoted, hosted or otherwise made available to you through the Service. You understand and acknowledge that RisingNow Club does not conduct criminal background checks on its Users or verify statements made by its users. RisingNow Club makes no representations or warranties as to the conduct, background or fitness of its users or their compatibility with any current or future Users.

You agree to take all necessary precautions in all interactions with other Users and in attending any Event, particularly if you decide to communicate outside of the Service or meet in person, or if you decide to disclose your location, provide personal information, contact information or money to another User.

We do not assume any liability for any outcome of any interaction (online or offline) resulting from the Content or Website (including any resulting health issues, physical or mental harm, accident, or injury that you may suffer). You are advised to exercise good judgment and caution when acting on the information available through the Website.

To the extent you are aware of suspicious, fraudulent behavior, please immediately report it to hey@risingnow.club. You should block and report anyone that violates these Terms, including (a) underage users, (b) harassment, threats, and offensive behavior, (c) inappropriate or harmful behavior of any kind, (d) fraudulent profiles, or (e) experiences not conducted in accordance with these Terms or applicable law.

RisingNow Club shall not be held liable for any damages, losses, or inconveniences incurred by users as a result of Experience cancellations. This includes, but is not limited to, travel expenses, accommodation costs, or any other expenses incurred in relation to the canceled Experience. Users acknowledge and agree that RisingNow Club's sole obligation in the event of cancellation of the Experience by the host is to facilitate the refund of any fees for the canceled Experience.

Limitations of Liability; General Disclaimer

You acknowledge and agree that neither RisingNow Club nor its officers, directors, employees, agents, or affiliates are responsible for, and shall under no circumstances have, any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) the conduct, whether online or in-person, through the Service or otherwise, of any User; (ii) your attendance at any Experience, Event, or Venue posted, advertised, promoted, or made available to you through the Service; (iii) the Content posted in the Service, whether posted by Users or caused by any of the equipment or programming associated with or utilized in the Service; (iv) the timeliness, deletion or removal, incorrect delivery, or failure to store any Content or communications; (v) termination or discontinuation of the Service; (vi) any error, omission, or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any User or User communications; or (vii) any problems, failure, or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email on account of technical problems or traffic congestion on the internet or at any Website or combination thereof, including injury or damage to Users or to any other person’s computer or device related to or resulting from participating or downloading materials in connection with the internet and/or in connection with the Service.

To the fullest extent permitted by law, we make no warranties as to our Website or Content. You agree that our Website and its contents are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Website or its Content will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of the Website and Content are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of our Website or its Content or on third-party websites in Terms of their correctness, accuracy, timeliness, reliability, or otherwise.

Any material downloaded or otherwise obtained through the use of the Website is accessed at your own discretion and risk, and you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your device, computer system, internet access, download or display device, or loss or corruption of data that results or may result from the download of any such material. If you do not accept this limitation of liability, you are not authorized to download or obtain any material through the Website.

To the fullest extent allowed by applicable law, in no event will RisingNow Club, its officers, directors, employees, agents, affiliates, business partners, licensors, or service providers be liable to you or any third party for any indirect, reliance, consequential, exemplary, incidental, special or punitive damages, including, without limitation, loss of profits, loss of goodwill, damages for loss, corruption or breaches of data or programs, service interruptions and procurement of substitute services, even if RisingNow Club has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, RisingNow Club's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to RisingNow Club for the Service while you have an account. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations in this section may not apply to you.

To the extent permitted by mandatory consumer law, we’ll only be liable for costs you incur as a direct result of a failure on our behalf. This means, to the extent permitted by law, RisingNow Club shall not be held liable for any indirect loss or indirect damage, inaccurate information about the Experience, action of a Host, business partner, mistake in an email address, force majeure, or events beyond our control. To the extent permitted by law, the most that RisingNow Club, or any Host (if applicable), shall be liable for (whether for one Event or a series of connected Events) is the cost of the purchased Services and/or the Experience.

Losses

You shall be responsible for any losses, damages, costs, and expenses which we suffer which are caused by your breach of these Terms.

To the fullest extent permitted by law, you agree at all times to defend, indemnify, and hold us harmless, as well as any of our affiliates, agents, contractors, officers, shareholders, directors, Users, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs, and expenses, including legal fees and expenses, arising out of or related to your use of the Website or your breach of any obligation, warranty, representation, or covenant set forth in these Terms.

To the fullest extent permitted by law, in no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable, or consequential damages for any use of or reliance on the Website and its Content, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition, or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.

Release

To the fullest extent permitted by law, you release us, our parent entity and subsidiaries and affiliated companies, and their respective officers, employees, directors, contractors, and agents from any and all responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the following: (i) your use of the Website and the Service; (ii) disputes between Users, including those between you and other Users; (iii) User Content or Third Party Content; (iv) claims relating to the unauthorized access to any data communications or Content stored under or relating to your account, including unauthorized use or alteration of such communications or your User Content.

If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless RisingNow Club, our parent entity, subsidiaries and affiliated companies, and their respective officers, employees, directors, contractors, and agents, from and against any and all claims, causes of actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses (including attorneys’ fees) and all amounts paid in settlement arising out of, connected with, or accruing from (a) your access to and use of the Website, the Service, and the Content; (b) your violation of these Terms; (c) your violation of any applicable law; (d) your User Content; or (e) your interaction with any other User. We may assume the exclusive defense and control of any matter for which you have agreed to indemnify us, and you agree to assist and cooperate with us in the defense or settlement of any such matters.

Viruses, Hacking, and Other Offenses

We do not guarantee that the Website or the Content will be secure or free from bugs or viruses.

You are responsible for configuring your information devices, technology, computer programs, and platform in order to access the Website and the Content. You should use your own virus protection software to protect these.

You must not misuse the Website by knowingly introducing anything that may cause issues including viruses, trojans, worms, logic bombs, or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to any part of the Website, the server on which our Website is stored, or any device, server, computer, or database connected to the Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack.

Any failure to comply with this provision could cause you to commit a criminal offense. We may decide to report any such breach to the relevant law enforcement authorities and cooperate with those authorities by disclosing your identity to them. In the event of such failure to comply, your right to use the Website and the Content will cease immediately.

To the fullest extent permitted by law, we do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition, or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates, or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates, or otherwise who is engaged with the Website or its Content, or in any way or in any location. In the event that you use our Services and Content or any other information provided by us or affiliated with us, we assume no responsibility.

If you are in breach of these Terms, to the extent permitted by law we shall not be liable for any costs incurred by you as a result, and you shall not be entitled to any refund.

Other Important Terms

Assignment. We can assign, transfer, or subcontract any or all of our rights and obligations under these Terms to another organization. We will always tell you in writing if this happens, and we will ensure that the transfer will not affect your rights as set out in these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing in advance.

Third Party Rights. These Terms are between you and us and are not intended to give third parties any rights to enforce all or any part of these Terms.

These Terms, together with the Privacy Policy, comprise the entire agreement between you and RisingNow Club regarding the use of the Service. If any provision of these Terms is held invalid, the remainder hereof shall continue in full force and effect. The failure of RisingNow Club to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that your RisingNow Club account is non-transferable and all of your rights to your profile or contents within your RisingNow Club account terminate upon your death or termination from the Service. No agency, partnership, joint venture, or employment is created as a result of these Terms, and you may not make any representations or bind RisingNow Club in any manner.

Confidentiality of the Transmission of Information over the Internet. The transmission of data or information over the Internet or other publicly accessible networks may not always be secure and is subject to possible loss, interception, or alteration while in transit. Accordingly, RisingNow Club does not assume any liability for any loss or damage, or costs incurred, as a result of any transmissions over the Internet or other publicly accessible networks, including but not limited to transmissions involving the Website or email with RisingNow Club containing your personal information. While RisingNow Club will make all commercially reasonable efforts to safeguard the privacy of the information you provide to RisingNow Club and will treat such information in accordance with RisingNow Club's Privacy Policy, in no event will the information you provide to RisingNow Club be deemed confidential, create any fiduciary obligations for RisingNow Club, or result in any liability for RisingNow Club in the event that such information is accessed by third parties without RisingNow Club's consent.

RisingNow Club may disclose to third parties the fact that you are a client of RisingNow Club and the general nature of the services in which RisingNow Club has assisted you. Additional information on the services supplied to you may be disclosed by RisingNow Club without your consent if such information has entered the public domain before disclosure by RisingNow Club.

Applicable Law and Jurisdiction. You understand and accept that the relationship between you and RisingNow Club shall be governed in all respects by the laws of the Republic of Estonia without regard to its conflict of law provisions.

If any provision of these Terms is held to be invalid, void due to contradicting law, or for any reason unenforceable, such provisions shall be struck out and shall not affect the validity and enforceability of the remaining provisions.

Any disputes arising out of these Terms shall be settled in the National Court of the Czech Republic Court pursuant to the laws of the Czech Republic.

Any dispute arising out of or related to these Terms is personal to you, and you hereby agree that such dispute will not be brought as a class arbitration, class action, or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempts to resolve a dispute as a representative of another individual or group of individuals. Further, a dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration or on behalf of any other individual or group of individuals.

No Waiver. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your non-compliance with any of these Terms, that will not mean that you do not have to do those things and it will not prevent us from taking steps against you at a later date.

Contact Us. You agree and acknowledge that all agreements, notices, disclosures, and other communications that RisingNow Club provides pursuant to these Terms may be provided in electronic form.

If you have any questions or concerns regarding these Terms, you may contact us by email at hey@risingnow.club.