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Terms & Conditions

1. General Information

5.2 You acknowledge and agree to be solely responsible for Your submitted User Content. You represent and warrant that You are the owner of all IPR to the User Content and that the User Content does not: (i) include the sale of advertising, sponsorships or promotions; (ii) violate public policy; (iii) infringe third parties rights, e.g. personal rights (especially to one's own image), IPR such as trademarks, patents, copyrights or any other IPR protected by law; or (iv) contain material that is unlawful or will promote illegal or unlawful activities. 

5.3    You represent and warrant that all necessary rights, permissions, consents and moral rights' waivers have been duly and effectively obtained from any participant, performer, presenter, contributor or other person involved in the User Content or rights, services or facilities in connection with it and that You are authorized to dispose over such rights at Your sole discretion and to the extent provided for herein. As a Supplier You also warrant that the Supplied Content is not insulting, offensive, degrading, racist or harassing to individuals or groups of people. 

5.4 By submitting any User Content to the Website You hereby grant to Red Bull, its parents, subsidiaries and affiliated companies, and each of their respective agents, licensees, successors and assigns, a worldwide, unlimited, non-exclusive, royalty-free, irrevocable, transferable and perpetual right and licence (including the right to sub-licence to any third party) to use, reproduce, distribute, publish, prepare derivative works of, display, exhibit, digitize, synchronise, display, reproduce and otherwise exploit your Content for any purpose whatsoever by any and all means in any and all media (whether now known or hereafter devised) including, without limitation, for the purposes of Our business and the businesses of our affiliates, licensees, assignees, parents, subsidiaries and their related companies and for advertising and publicising Us and Our products and services and for use on the Website. We agree however that any distribution of content in accordance with this paragraph shall only be undertaken by Us free of charge. You agree that you shall not be entitled to any fees or additional consideration for use in accordance with this paragraph. 

5.5. You grant to Us the right (but not the obligation) to use Your biographical information including, without limitation, name, image, voice, biography, likeness and geographical location in connection with the broadcast, print, online or other use or publication of Content on the Website and otherwise in accordance with paragraph 5.4 above. Furthermore, You also grant other Users permission to access your User Content and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish your User Content for personal, non-commercial use as permitted by the functionality of our Services and these Terms of Use. Notwithstanding the foregoing, you waive any and all claims You (or any copyright holder) may now or later have in any jurisdiction to so-called "moral rights" or rights of "droit moral" with respect to the User Content.

5.6 You represent, warrant, and covenant that you will not submit any User Content that:

(i) casts a negative light on Us, Our affiliates or on Our or their activities, business or brands. You shall in particular refrain from using or submitting any Content in connection with: (a) illegal products, content, services or materials; (c) coverage of accidents, assaults, catastrophes or riots; and/or (d) competing products (in particular beverages containing caffeine, taurine or guarana);
(ii) impersonates another or is unlawful, threatening, abusive, libellous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable, or otherwise violates any applicable law;
(iii) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
(iv) is an advertisement for goods or services or a solicitation of funds;
(v) includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references;
(vi) contains a formula, instruction, or advice that could cause harm or injury; or
(vii) contains any virus, trojan horses or other harmful code or script.
Moreover, any conduct by a User that in Our sole discretion restricts or inhibits any other User from using or enjoying our Services will not be permitted.

5.7 We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.

 

6. Indemnification


You agree to fully indemnify and hold Us, Our affiliates, officers, directors, shareholders, employees and agents harmless in respect of all liabilities, damages, claims, actions, expenses, demands or costs (including any legal fees in relation to such claim or damages) incurred by Us arising from, or in connection with: (: (i) your use of our Services; (ii) User Content provided by you or through use of your Membership; (iii) any actual or alleged violation or breach by you of these Terms of Use; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.

7. Newsletter Consent


In order to keep You updated We may send You Our newsletter and other communications regarding Content, Services, offers, promotions and events from Us, Our affiliates and partners via email and telephone , under the condition, that You gave us Your consent to this. You may object to this and revoke Your consent at any time via email to: info@redbull.com.

8. Disclaimer and Limitation of Liability


8.1 We make no express or implied representations or warranties of any kind (and all representations and warranties are expressly disclaimed to the fullest extent permitted under applicable law) with respect to the accuracy, quality, workmanship, timeliness (including in respect of delivery), operability, merchantability, availability, or completeness of the Website, Services, Content or towards the non-infringement of industrial or intellectual property or any other rights of third parties or the fitness of the Content for a particular purpose. Any decisions or action taken by You on the basis or in relation to the information, Content or Services provided on or via the Website are at Your sole discretion and risk. You must be aware that any action, activity and/or information displayed or provided on or via the Website is conducted by trained and experienced professionals and it is Your responsibility to take precautions and use common sense when using the Website, Content or Services.

8.2 You acknowledge and agree that You access and use the Website, Content and Services at Your own risk on an "as is" and "as available" basis and that We are not liable for any errors or omissions in any Content, Service, any availability or delivery (including without limitation whether caused by interruption, deletion, delay in operation, transmission, communication line, errors, omissions or computer virus, trojan horses, or other harmful code or script). 

8.3 We do not warrant that the Website, the Content or the Services will be error-free or uninterrupted or that defects will be corrected. We reserve the right at any time and without notice to remove the Website, Content or Services (or part thereof) for whatever reason, or to interrupt the operation of the Website, Content or Services (or part thereof) as may be necessary to perform routine or non-routine maintenance, error correction or other changes.

8.4 We sometimes provide hyperlinks and/or advertisements to other Websites that are not owned or controlled by Us. We accept no responsibility or liability for any material supplied by or contained on any third party Website which is linked from or to Our Website. Neither are We responsible for any third party's Websites and You visit such Websites entirely at Your own risk.

8.5 Subject to paragraphs 8.7 and 8.8 below, You agree that We, Our and Our affiliates' employees, directors, distributors, licensors and agents shall not be liable, whether such liability arises in contract, tort (including without limitation negligence) or otherwise, for any (i) loss of business, opportunity, use, profit, anticipated profit, contracts, revenue, goodwill or anticipated savings or (ii) loss of data or use of data, whether direct, indirect, consequential or special and whether arising in connection with the use of or attempt to use the Website, the Content or the Services, the inability to use these items, interruption or termination of Our provision of the Website, Content or Services and even if We have been advised of the possibility of such damages occurring. 

8.6 In any event, to the fullest extent permitted by applicable law, We shall not be liable for any damage or loss, whether direct or indirect, that You may suffer as a result of a failure by Us to deliver the Content or Services for any reason, including but not limited to access delays or interruptions, data non-delivery or mis-delivery, failure to deliver the Content or Services due to server failure or any event of force majeure including without limitation, acts of God, war or terrorism, breaches of security or unauthorised use of personal data arising from hacking and/or failure or lack of reception of networks. The exclusion set out in this section shall apply even in the event that the loss or damage suffered by You was or should have been foreseen by Us and/or You told Us of the risk of You suffering the loss or damage in question.

8.7 Nothing in these Terms shall limit or exclude Our liability for death or personal injury caused by Our negligence, for fraud or fraudulent misrepresentation, or for any other type of liability which cannot be limited or excluded by applicable law.

8.8 Nothing in these Terms shall affect any statutory rights which You may be entitled to as a consumer.

9. Termination and Suspension

9.1 We reserve the right to suspend, restrict or terminate Your Account and/or access to this Website at any time, without notice and at Our discretion, where You are or We suspect that You may be in breach of these Terms, or where Your use of the Website, Content or Services may be causing damage to stems or other technical installations. In addition, a breach of the Terms may constitute a fraudulent offence and result in legal claims and damages as well as criminal prosecution.

 

9.3 All disclaimers, indemnities and exclusions in these Terms shall survive the termination of these Terms.

10. Data Protection and Privacy Policy


10.1 Information, data and material, which You provide to Us as part of the registration process or thereafter, as well as other information, data and material, which You may supply to Us is subject to Our Data Protection and Privacy Policy. The current version of Our Data Protection and Privacy Policy shall be deemed incorporated into these Terms. 

10.2 Other than personally identifiable information and data, which is covered under Our Data Protection and Privacy Policy, any information, data and material You transmit or post to or via the Website shall be considered non-confidential and non-proprietary and You hereby grant Us a perpetual, irrevocable, non-exclusive, royalty-free licence to use such information, data and material throughout the world as We see fit including copying, disclosing, distributing, incorporating and otherwise using such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. You represent and warrant that all information, data and material You transmit or post to the Website is owned by You and that You have all necessary rights to grant the licence above.

11. Severance


Each provision of these Terms shall be constructed separately and independently. The effectiveness of these Terms shall not be impaired if any provision of these Terms should be completely or partially invalid or unenforceable. In this case, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms remain in full force and effect.

12. Governing Law and Jurisdiction


These Terms shall be governed by and construed in accordance with Austrian law. All disputes arising out of or in connection with these Terms, including any questions regarding its existence, validity or termination, shall exclusively be settled by the court responsible for commercial matters in Vienna's First District in accordance with the law in force in Austria, without reference to its conflicts of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980, shall be excluded.

13. Language


The original version of the Terms is in English language. Any translated version is for Your convenience and information only. In case of disputes the English text shall prevail. 

© 2012 Red Bull GmbH