Red Bull Media House GmbH Oberst-Lepperdinger-Straße 11-15 5071 Wals near Salzburg Austria Phone: +43-1-90 221-0 Fax: +43-1-90 221-27930 Email:firstname.lastname@example.org Registered in Austria Number: FN 297115i Registered office: Red Bull Media House GmbH, Oberst-Lepperdinger-Straße 11-15, 5071 Wals near Salzburg, Austria (‘Red Bull’)
General Conditions Of Use
Access to and use of this Site is subject to the following terms and conditions and all applicable laws which, by accessing and browsing the Site, the User accepts, without limitation or qualification.
Red Bull GmbH and Red Bull Media House GmbH (‘Red Bull’) are the proprietors of all logos and trademarks associated with the ‘Red Bull Energy Drink’. Users should assume that all that is contained within the site is copyrighted unless otherwise stated, and may not be used unless the written permission of Red Bull or other relevant proprietor, is obtained before hand.
The terms and conditions set out below, as well as any other law or regulation that applies to the Site, the Internet or the World-wide Web, apply to all Site Users.
Red Bull maintains this Site for personal entertainment, information, education, and communication purposes only. Users may download material displayed on the Site for non-commercial, personal use only provided they also retain all copyright and other proprietary notices contained on the materials. Users may not, however, distribute, modify, transmit, reuse, repost, or use the content of the Site for public or commercial purposes, including the text, images, audio, and video without Red Bull’s written permission.
Access to and use of the Site is subject to the following terms and conditions and all applicable laws.
By accessing and browsing the Site, the User accepts, without limitation or qualification, the Terms and Conditions and acknowledges that any other agreements between the User and Red Bull are superseded with respect to the subject matter hereof.
Terms and Conditions
Note that additional terms may apply to some products or services offered on the Website and will be posted in connection with the applicable product, service, feature or activity. Any such terms are in addition to these Terms and Conditions, and in the event of a conflict any such terms shall prevail over these Terms and Conditions.
Access And Use
We may offer certain portions of our Services at no charge (e.g. Websites) and others for a one-time fee. In all instances, our Services are not being sold to you but you are being granted a limited licence to use our Services.
User Registration & Promotional Messages
IN ORDER TO ACCESS OR USE SOME FEATURES OF OUR SERVICES, YOU MAY HAVE TO BECOME A REGISTERED USER. IF YOU ARE UNDER THE AGE OF THIRTEEN (13), THEN YOU ARE NOT PERMITTED TO REGISTER AS A USER, SIGN UP FOR ANY PROMOTIONAL MESSAGES (SEE BELOW), OR OTHERWISE PROVIDE TO US ANY PERSONAL INFORMATION.
If you become a registered user, you will provide true, accurate and complete registration information. During registration, you will create a user name and password (a “Membership”). You are solely responsible for safeguarding and maintaining the confidentiality of your Membership and for the activity that occurs under your Membership, whether or not you have authorised the activity. You will let us know immediately if you become aware of any breach of security or unauthorised use of your Membership.
We may permit users to post, upload, transmit or otherwise make available through our Services messages, text, illustrations, data, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”). We do not guarantee any confidentiality with respect to User Content. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit. You represent, warrant, and covenant that you will not submit any User Content that: (i) violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right; (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 offence, give rise to civil liability or otherwise violate any law; (iv) is an advertisement for goods or services or a solicitation of funds; or (v) includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references.
We reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising, marketing, promotional, and other commercial purposes. You acknowledge and agree that User Content may be included on the websites and networks of our distribution partners, marketing partners, accounts, and third-party service providers.
We have the right in our sole discretion and for any reason whatsoever to monitor, edit, refuse to post, remove, or disable access to any User Content.
Service Content & Third Party Links
We provide our Services and Service Content for educational, entertainment and/or promotional purposes only. You may not rely on any information and opinions expressed through any of our Services. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Service Content. Service Content will include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement by anyone other than our authorised employees/ spokespersons while acting in their official capacities.
Our Services may link to other websites maintained by third parties. We do not operate or control or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
Disclaimer Of Warranties
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREUNDER, WE DO NOT LIMIT IN ANY WAY OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR FOR OUR FRAUDULENT MISREPRESNTATION OR CONCEALMENT OR FOR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED BY APPLICABLE LAWS.
YOU EXPRESSLY AGREE THAT USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES AND SERVICE CONTENT (INCLUDING SOFTWARE) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE RED BULL PARTIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF OUR SERVICES OR SERVICE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED OR ACCESSED THROUGH OUR SERVICES; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES; (6) WARRANTIES THAT YOUR USE OF OUR SERVICES WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN OUR SERVICES OR SERVICE CONTENT (INCLUDING SOFTWARE) WILL BE CORRECTED.
Limitation on Liability
THE RED BULL PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND,UNDER ANY CONTRACT,NEGLIGENCE,STRICT LIABILTY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF SUBMISSIONS OR OTHER MATERIALS OR INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE WEBSITE, OR UNAUTHORISED INTERCEPTION OF ANY SUCH MATERIALS OR INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. YOUR SOLE AND EXCLUSIVE REMEDY FOR THE DISSATISFACTION WITH THE WEBSITE OR ANY MATERIALS CREATED THROUGH THE WEBSITE IS TO STOP USING THE WEBSITE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF ALL OF THE RED BULL PARTIES EXCEED THE LESSER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY RED BULL DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR £50.
In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.
We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances and at our sole discretion, we may terminate and/or disable the Membership of users suspected to be infringing the copyright (or other intellectual property rights) of others.
If you are a copyright owner (or authorised to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to us by providing details of the claimed infringement to our registered office.
Choice Of Law And Jurisdiction
Amendment; Additional Terms
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
Red Bull Media House GmbH, 2012