Terms of use

Who we are

OpenBibs ("we", "us") runs a public board where registered charities list open marathon charity entries, and runners find them and apply with the charity directly. OpenBibs is operated by Quixta Ventures LLP, a limited liability partnership registered in India. We are based in Bengaluru, Karnataka, India. You can reach us at support@openbibs.com.

These terms are an agreement between you and Quixta Ventures LLP. By using OpenBibs, you agree to them. If you don't agree, please don't use the site.

Who can use OpenBibs

• You must be 18 or older.
• Runners use OpenBibs as individuals. Charities use it as organisations. If you sign up for a charity, you confirm that you are allowed to act for it, and these terms bind the charity too.
• We run OpenBibs from India, and these terms are written mainly for runners and charities in the United States. We list races around the world, so you may use the site from anywhere, but you are responsible for following the laws where you live. Nothing in these terms takes away rights that your local law says can't be taken away.

For runners

• OpenBibs is a directory. We don't hold, sell or transfer race entries, and we aren't part of any charity's selection process.
• When you click Apply, you leave OpenBibs for the charity's own website. The charity decides who gets its entries, sets the fundraising minimum, and has its own terms. Read them before you commit.
• Listings are written by charities. We review them before they go live and ask charities to confirm them regularly, but we can't guarantee that a spot is still open or that the details are correct. Always confirm with the charity and the official race website.
• A listing on OpenBibs is not a promise of an entry.
• Runners never pay OpenBibs. We don't take a share of anything you raise, and we never handle donations.

For charities

• Only registered charities and non-profits that hold official charity entries for a race may list. You must follow our listing rules.
• You're responsible for what you list: the number of spots, the fundraising minimum, deadlines and your apply link. Keep them up to date and mark a listing as filled when it is.
• You're responsible for your own fundraising and for any charity registration your fundraising needs, in each place where you raise money.
• We may edit formatting, reject, pause or remove any listing, for example if it breaks the listing rules or looks out of date.
• You give us permission to show your charity name, description, logo and listing details on OpenBibs and in our alert emails. You confirm you have the right to give us that permission.

Fees

Runners never pay OpenBibs. Charities pay per listing, with no subscription. The current prices, in US dollars, are on the pricing page:

• Placement, $19. One listing for one race on the board for 30 days. The 30 days start when we approve the listing, or are added to the end of a running placement when you renew. Renewals cost the same.
• First placement free for a verified 501(c)(3). One free 30-day placement per organisation, once we've confirmed your 501(c)(3) status.
• Featured, $29. Your live listing is pinned to the top of its race page with a highlight and a "Sponsored" label for 30 days, or until its application deadline if that comes first. The label is there because Featured is a paid placement, and we show it wherever the listing appears as Featured, including alert emails. Only a few listings per race can be featured at once. It doesn't skip review, and it doesn't promise any number of applications.
• Placement + Featured, $39. Both of the above for 30 days in one payment.
• Placement packs, $49 for 3 or $149 for 10. Each credit is one 30-day placement or one renewal, for any race. Credits stay on your account until you use them.

While we launch, placements are free and Featured is the only paid option. We'll email charities at least 14 days before we start charging for placements. You always see the price before you pay, and nothing renews automatically: when a placement ends, the listing comes off the board until you renew it.

Payments go to OpenBibs, not to the race or to any charity, and are processed by Stripe. Prices don't include any tax that may apply where you are. You pay us a flat fee for space on the board. The fee doesn't depend on how much runners raise, and we never ask for, receive or hold donations.

Refunds.

• If we reject a listing you paid to place (a placement, or the placement + Featured bundle), we refund that payment in full.
• If we take down a Featured listing within 7 days of your payment, for a reason other than a breach of the listing rules, we refund the Featured payment in full.
• You can ask for a refund of unused pack credits within 12 months of buying the pack. After 12 months, credits stay on your account but can't be refunded.
• Otherwise payments aren't refundable once the placement or Featured period has started, unless the law where you are says otherwise.

To ask for a refund, email support@openbibs.com from your account email. We aim to reply within 5 working days, and refunds go back to the card you paid with.

What we are not. OpenBibs is an advertising board, not a fundraiser. We don't plan, manage, advise on or carry out any charity's fundraising, we don't ask anyone to donate, we never receive, hold or pass on donations, and our fee is a flat charge for space that never depends on how much a charity or runner raises. We won't add a revenue share, a donation feature or a fee for runners without first updating these terms. Each charity is responsible for any charitable-solicitation registration its own fundraising needs in each state or country where it raises money.

Acceptable use

Don't scrape the board, try to access other accounts, post false information, upload anything you don't have the right to share, or use OpenBibs to sell, transfer or broker race entries.

Other websites and services

OpenBibs links to sites we don't control, such as charity application pages, fundraising platforms and official race websites. Those sites have their own terms and privacy policies, and we aren't responsible for them. Charities, races and payment providers are independent of us.

Not affiliated

OpenBibs is independent and not affiliated with or endorsed by any race organiser or sponsor. Race names are used only to describe the events. See the disclaimer.

Ending or pausing access

You can stop using OpenBibs at any time. Charities can ask us to close their account by emailing support@openbibs.com. We may suspend or close an account, or remove listings, if you break these terms or the listing rules, or if we need to for legal or safety reasons. If we close a charity account for a reason that isn't a breach of these terms, we refund any unused pack credits and the unused part of any running placement. The sections on fees already paid, disclaimers, liability, indemnity and disputes still apply after an account closes.

Disclaimer of warranties

Some states and countries don't allow these exclusions, so some of them may not apply to you.

Limitation of liability

These limits are part of the basis of our deal with you: they are why the board can be free for runners and cheap for charities. Some states and countries don't allow these limits, so they may not apply to you.

Indemnity

If you're a charity, or you use OpenBibs in a way that breaks these terms, you agree to cover our reasonable costs and losses (including reasonable legal fees) from any third-party claim that comes from your listings, your content, your fundraising or your breach of these terms. We'll tell you about the claim promptly and let you help with the defence.

Electronic communications

You agree that we can give you notices, receipts and other messages electronically, by email or on the site, and that they count as "in writing". You can print or save them. If you'd rather have something on paper, email us.

Disputes

Talk to us first. Before starting a claim, email support@openbibs.com with your name, how to reach you and what you'd like us to do. We'll both try in good faith to sort it out within 30 days.

Arbitration. If we can't, you and we agree that any dispute arising from or related to OpenBibs or these terms will be settled by binding individual arbitration run by the American Arbitration Association (AAA), under its Consumer Arbitration Rules if you're a runner or its Commercial Arbitration Rules if you're a charity. The arbitration takes place in Wilmington, Delaware, or by video if either of us asks. The arbitrator can award the same individual relief a court could. The Federal Arbitration Act governs this section.

Arbitration costs. If you're a runner and start an arbitration for less than US$10,000, we pay all AAA filing, administration and arbitrator fees, unless the arbitrator finds your claim frivolous. Otherwise the AAA rules decide who pays. Each side pays its own lawyers unless the law or the arbitrator says otherwise.

No class actions. You and we each agree to bring claims only on an individual basis, not as a plaintiff or class member in any class, group or representative action. If this paragraph is found unenforceable for a claim, the arbitration agreement doesn't apply to that claim, and it goes to court.

Exceptions. Either of us can bring an individual claim in small claims court instead, and either of us can ask a court to stop someone infringing our intellectual property or misusing OpenBibs. Where the law of your state gives you a right to ask a court for public injunctive relief, that claim goes to court, and it waits until any individual arbitration has finished.

Opting out. You can opt out of this arbitration agreement by emailing support@openbibs.com within 30 days of first accepting these terms. Say that you're opting out of arbitration and give your account email. Opting out doesn't change any other part of these terms.

Changes to this section. If we change this Disputes section, the change doesn't apply to a dispute either of us has already raised with the other. You can reject a change by emailing support@openbibs.com within 30 days of it taking effect, and the earlier version keeps applying to you.

How you accept. Charities accept these terms when they sign in. Runners accept them by using OpenBibs, and every page links to them in the footer.

If you live in the UK or the European Union, this Disputes section doesn't apply to you as a consumer, and you can bring a claim in the courts where you live.

Governing law

These terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-law rules. Anything that isn't arbitrated goes to the state or federal courts in Delaware, except small claims, which you can bring where you live.

Notice for California users

Under California Civil Code section 1789.3, California users are entitled to this notice: you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (916) 445-1254 or (800) 952-5210.

General

• Entire agreement. These terms, the privacy policy, the listing rules and the prices shown when you pay are the whole agreement between you and us about OpenBibs.
• Severability. If a court or arbitrator finds part of these terms unenforceable, the rest still applies.
• No waiver. If we don't enforce a term straight away, we can still enforce it later.
• Assignment. You can't transfer your rights under these terms without our written agreement. We may transfer ours, for example if OpenBibs is sold or reorganised, and we'll tell charities if we do.
• Events outside our control. We aren't responsible for delays or failures caused by things outside our reasonable control, such as outages at our providers, internet failures, natural disasters or government action.

Changes to these terms

We may update these terms. We'll change the "Last updated" date at the top of this page. If a change is significant, we'll also email charities with an account at least 14 days before it takes effect. If you keep using OpenBibs after a change takes effect, the new terms apply. Questions about these terms go to support@openbibs.com.