Terms

If you are a user from other than the United States, please see the terms below under B.:

If you are a user from the United States, see the following terms:

A. Terms of Use for users from the United States:

These Terms of Use ("Terms") set out the terms and conditions by which Red Bull Media House GmbH, whose offices are at Oberst-Lepperdinger-Str. 11-15, 5071 Wals near Salzburg, Austria and its affiliates (hereinafter "Red Bull" or "we" or "us") offer you access to our Properties. By "Properties" we mean websites, widgets and embedded content, apps on mobile devices, gaming consoles, connected devices or other consumer electronic devices, social media experiences or other places where this Policy is referenced or posted.

Using these Properties indicates your unconditional agreement to these Terms, as updated from time to time. If you are under 18, you must obtain the consent of your parent or guardian to access our Properties. If you are under 15 years old, you are not permitted to register as a user, sign up for any promotional messages (see below), or otherwise provide us any personal information. Supplemental terms may apply to some Properties, such as refund and shipping policies, or rules for a contest or sweepstakes, and are deemed a part of these Terms as appropriate. Our Privacy Policy explains how we treat your "Personally Identifiable Information" and "Non-personally Identifiable Information" as we define those terms in the Privacy Policy. The supplemental terms will apply to the extent there is a conflict with these Terms. These Terms (including the Privacy Policy and any additional terms incorporated by reference) constitute the entire agreement between you and us, and supersede all other written or oral agreements.

Our Properties contain "Property Content" (as defined below) that may include dangerous activities performed by professionals or under the supervision of professionals. Accordingly, Red Bull asks that you do not attempt or recreate any of the activities performed in our Property Content.

1. PURPOSE AND USE

(A) We provide our Properties for entertainment, informational and/or promotional purposes only. We grant you a non-exclusive, non-assignable, non-sublicensable limited license to our Properties and Property Content for your personal, non-commercial use only. "Property Content" means our Properties and all they contain, including but not limited to any video, music, text, images, graphics, sounds, information, URLs, technology, documentation and interactive features included with or available through our Properties, derivative works or enhancements, and all intellectual property rights to the same, including all copyrights, patents, trademarks, service marks, trade names and trade dress.

(B) We may from time to time give you the ability to embed certain elements contained in the Properties or Property Content into third party platforms pursuant to the license terms contained herein. If you do so, you may not modify, build upon or block any portion or functionality of the Property Content, including links back to our Properties. You also agree that we have the right to serve ads and collect information through such embed. In addition, you will post your own terms and privacy policy consistent with applicable law, your use of our content, these Terms and our Privacy Policy.

2. USER CONTENT

(A) "User Content" includes video, text, images, sounds and any other information (including names and likenesses), material or ideas you provide to us. When you post or otherwise make available User Content, you grant us a universal, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable and transferable right to host, store, use, reproduce, modify, distribute, create derivative works based upon, translate, communicate, publicly display, publicly perform, communicate, transmit, display advertisements in connection with and publish the User Content in whole or in part as we in our sole discretion deem appropriate in any format, media or technology now known or later developed, including for purposes of advertising or promoting the Properties or Red Bull. You represent that User Content you provide is original with you and does not violate or infringe upon the rights of any third parties, including, without limitation, any intellectual property rights and rights of publicity and/or privacy.

(B) You agree and understand that Red Bull is not obligated to use any User Content you provide and you have no right to compel such use. You understand and acknowledge that Red Bull has wide access to ideas, stories, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by Red Bull’s own employees. Many ideas or stories may be competitive with, similar or identical to your User Content in structure, purpose, function, theme, idea, plot, format or other respects. You acknowledge and agree that you will not be entitled to any compensation as a result of Red Bull’s use of any such similar or identical material. Finally, you acknowledge that, with respect to any claim you may have relating to or arising out of Red Bull’s actual or alleged exploitation or use of any material you submit to the Properties or Red Bull, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

3. REGISTRATION AND ACCOUNTS; PRIVACY

During registration, you will create a user name and password (an "Account"). You are responsible for the activity that occurs under your Account, and for maintaining the confidentiality of your Account. You agree not to provide any false personal information or to create an account for anyone other than yourself. You agree to contact us at Contact Us at http://energydrink-us.redbull.com/us-terms-use immediately if you become aware of any breach of security or unauthorized use of your Account.

4. PROMOTIONAL OFFERS

All promotional offers, sweepstakes, contests, giveaways and other promotions ("Promotions") we may offer from time to time are subject to these Terms and any supplemental terms we disclose. Generally, with or without notice, we reserve the right to modify, suspend, cancel or terminate any Promotion in appropriate circumstances, including to extend or resume the stated entry period, disqualify any participant or entry, or award prizes in an alternate manner. You are responsible for all costs, expenses or taxes associated with your participation and/or receipt of any prizes or awards. We may condition your participation or receipt of a prize/award on the execution of a release and/or other agreements. By accepting a prize or award, you automatically consent to and grant us the right to use of your name, image, likeness, statements, biographical information and other information about you for publicity, advertising and promotional purposes, all without additional permission from or compensation to you.

5. PROMOTIONAL MESSAGES

(A) Our Properties may include sending you promotional and non-promotional e-mails/ newsletters, text/SMS messages, chat messages, or other electronic or offline messages. The promotional messages may be recurring, meaning we will continue to send them to you until you unsubscribe via any of our disclosed methods.

(B) Text/SMS Messages ("Message Service"). In addition to any terms specifically disclosed when you enroll for a Message Service:

(1) "Message and Data Rates May Apply" which means that you may be charged message and/or data charges by your wireless carrier depending on your service plan.

(2) You certify that you are either the account holder or otherwise responsible for paying any wireless carrier charges associated with the Message Service or, if you are under the age of 18, that you have the permission of the account holder/person responsible for any such charges.

6. COPYRIGHT POLICY

If you believe that any content appearing on a Property infringes your copyright rights, please forward the following information in writing to our "Copyright Agent":

(a) your name, address, telephone number, and e-mail address;

(b) a description of the copyrighted work that you claim has been infringed;

(c) the exact URL or a description of each place where alleged infringing material is located;

(d) a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;

(e) your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and

(f) a statement by you that the information in your notice is accurate, and a statement made under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Copyright Agent’s address is:

Red Bull Media House North America, Inc.

Attn: General Counsel as Copyright Agent

1740 Stewart Street

Santa Monica, CA 90404

Phone: (310) 393-4647

legal@us.redbull.com

We will review any notices of copyright infringement and take appropriate action. Inquiries that do not follow this procedure may not receive a response.

7. THIRD PARTY INDEMNITY

You agree to indemnify and hold harmless the "Red Bull Parties" (as defined below) from and against any and all "Losses" (as defined below) that may arise in connection with: (i) your use of the Properties in violation of these Terms; (ii) User Content provided by you; or (iii) any actual or alleged violation or breach by you of these Terms. "Red Bull Parties" means Red Bull and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries and their related companies. "Losses" means claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs). You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.

8. WARRANTIES; LIABILITY

(A) YOU EXPRESSLY AGREE THAT USE OF OUR PROPERTIES IS AT YOUR SOLE RISK. OUR PROPERTIES (INCLUDING SOFTWARE) AND ALL ASSOCIATED CONTENT 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, WE DO NOT MAKE ANY COMMITMENTS ABOUT ANY CONTENT WITHIN OUR PROPERTIES, ANY SPECIFIC FUNCTIONS OR THE RELIABILITY, ACCURACY, SECURITY, TIMELINESS, NON-INFRINGEMENT, OR AVAILABILITY OF OUR PROPERTIES OR ANY ASSOCIATED CONTENT TO MEET YOUR NEEDS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ALL OTHER IMPLIED WARRANTIES.

(B) WHEN PERMITTED BY LAW, THE RED BULL PARTIES WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE RED BULL PARTIES FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT THAT YOU PAID US TO USE THE PROPERTIES (OR, IF WE CHOOSE, TO SUPPLY YOU WITH THE PROPERTIES AGAIN).

BY ACCESSING THE PROPERTIES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:

"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

(C) YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF OUR PROPERTIES OR THESE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. THIS PROVISION IS NOT APPLICABLE IN NEW JERSEY.

9. DISPUTES; ARBITRATION; CLASS ACTIONS; JURY TRIAL

These Terms are governed by the laws of the State of California without giving effect to the principles of conflicts or choice of laws, except that the Federal Arbitration Act will apply as described below. By using the Properties in any way, you unconditionally consent and agree that:

(a) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against the Red Bull Parties arising out of, relating to, or connected in any way with the Properties or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS, except that either party may bring any applicable claim in small claims court.

(b) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16.

(c) the arbitration shall be held in Los Angeles, California.

(d) the arbitrator’s decision shall be controlled by the terms and conditions of this Agreement and any of the other agreements referenced herein that the applicable user may have entered into in connection with the website.

(e) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law.

(f) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or the applicable Red Bull Party’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.

(g) BY AGREEING TO THESE TERMS YOU ARE WAIVING ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.

(h) the arbitrator shall not have the power to award punitive damages against you or any Red Bull Party.

(i) if the administrative fees and deposits that must be paid to initiate arbitration against any Red Bull Party exceed $125 USD, and you are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Red Bull agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Red Bull will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.

(j) with the exception of subpart (f) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (f) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor Red Bull shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.

10. AMENDMENTS; ASSIGNMENT

You agree that Red Bull may update these Terms at any time, and it is your obligation to check for updates. Updates do not apply retroactively. You may not assign these Terms or assign any rights or delegate any obligations hereunder, in whole or in part.

11. MISCELLANEOUS

(A) Except as provided in these Terms, these Terms constitute the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous written or oral agreements between the parties with respect to the subject matter hereof.

(B) These terms do not create any rights in favor of any third party. Our failure to take action to enforce our rights does not mean that we give up those rights or cannot take such action in the future.

(C) If you access the Properties from locations outside of the U.S. you do so on your own initiative and at your own risk, and you are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

(D) If a provision in these terms is found to be illegal or unenforceable, that provision shall be removed from these Terms and the remaining terms of these Terms shall remain in force.

(E) At any time and for any reason or no reason we may restrict, suspend or terminate your access to the Properties, terminate your Account, and add, remove or modify functionality.

(F) When using our Properties, you agree to comply with all applicable laws and regulations.

(G) You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms.

(H) Our Properties may link or contain links to other websites maintained by our licensors, affiliates and/or third parties. We do not operate, control or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links and any content posted on third-party websites.

(I) If you have a question, concern or complaint about these Terms, you can contact us by going to http://energydrink-us.redbull.com/us-terms-use.

Updated and Effective May 31, 2016

B. Terms of Use for users form other than the United States:

(Last Update: May 2016)

1. General Information

1.1. Welcome to Red Bull App

This app ("App") is being provided to you ("User" or "You") by Red Bull Media House GmbH, an Austrian company seated at Oberst-Lepperdinger-Str. 11-15, 5071 Wals near Salzburg, Austria (hereinafter referred to as "Red Bull" or "We") or - in case the imprint indicates another legal entity - that legal entity shall be the provider and Your contractual partner for the use of the App (such entity be hereinafter also referred to as "Red Bull" or "We").

The following Terms and Conditions (hereinafter "T&C") set out the rules which apply to You as a user of the App.

1.2. Changes to T&Cs, Latest Version

You may find the latest version in the T&C area under the settings menu of the App.

Red Bull reserves the right to review and revise the T&C from time to time, in particular to satisfy the requirements of providers of platforms for the distribution of applications. We will inform You about any such change and will provide You with a then current version of the T&C ("New T&C"). You may object to the New T&C within a period of 14 days. If You do object You can no longer make use of the App and We ask You to delete it from all Your devices. Otherwise the New T&C will become effective after expiration of the 14 days period. Red Bull undertakes to inform You about the implications of Your behaviour at the beginning of said period.

1.3. Language

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

1.4. Contact

Please contact Us under app@redbull.com should You have any questions, complaints or comments on the App, the services or content or if You are aware that these T&Cs are being breached by another user or third party.

2. Intellectual Property Rights

2.1. The App contains digital content and services of Red Bull ("Content" and "Services").

2.2. Content

Content includes all information, material and media, in particular text, data, artwork, graphics, photos, print, footage, software, sounds, music, recordings, videos and other moving and non-moving images and material created or contributed by Us and whether provided in stream, progressive download, electronic data or any other form on or via the App.

2.3. Services

Services include the access to the App, software, tools and content made available to You via the App.

2.4. Ownership

You acknowledge and agree that the App (including Content and Services) and all copyrights, patents and patent applications (if applicable), trademarks, trade names, copyrightable materials, graphics, text, designs (including the "look and feel" of the App), specifications, methods, procedures, algorithms, directories, queries, data, technical data, interactive features, source and object code, files, interface, Graphical User Interface (GUI) and trade secrets, and other intellectual property rights associated therewith (whether or not registered) including Content and Services are owned by Red Bull and are subject to copyright and other applicable intellectual property rights and shall remain, the sole and exclusive property of Red Bull, its licensors and suppliers (as applicable).

Except as expressly stated under Section 4, You are not granted any intellectual property (including usage) rights in or to the App by implication, estoppels or other legal theory, and all rights in and to the App not expressly granted under Section 4 are hereby reserved and retained by Red Bull.

3. Third Party Software, Content and Services

3.1. Third Party Software

The App may utilize or include third party software that is subject to free and open source and/or third party license terms ("Third Party Software").

You acknowledge and agree that Your right to use such Third Party Software as part of the App is subject to and governed by the terms and conditions of a free and open source software ("FOSS") initiative or third party license applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein.

Any information or terms and conditions regarding Third Party Software is included under the Section "Software Components" of the settings menu of the App.

3.2. Other Third Party Content, Services

The App may utilize or include digital content or services of third party providers ("Third Party Content" or "Third Party Services")

You acknowledge and agree that Your right to use such Third Party Content or Third Party Service via the App or as part of the App may be subject and governed by additional terms and conditions of the third party providing those services. If You do not agree with such additional terms and conditions You may not use the respective Third Party Content or Third Party Service.

4. Usage Rights

4.1. License Grant

We grant You the non-exclusive, revocable and non-transferable right to install, access and use the App including any Content or Service provided therein (also including Third Party Content and Third Party Services) as may be available from time to time under the resolutive conditions that You comply with the user obligations described under Sec. 5.

This license grant shall apply accordingly to any updates and/or upgrades of the App, the Content and Services provided by Red Bull from time to time. Red Bull does however not undertake any obligation to provide for such updates and/or upgrades in any matter.

4.2. Granted Purpose of Use

You may use the App and the Content and Services for strictly private purposes only.

4.3. Expiration of License

The license is granted under the resolutive condition that the User obeys the T&C. In case of a breach of the User against the T&C, the license grant regarding the App and its Content automatically expires.

5. User Content, Obligations and Use Restrictions

5.1. User Content

In case the App provides for functionalities that enable the User to upload and/or post, transmit or otherwise make available any content ("User Generated Content" also "UGC") the User agrees that such UGC is made available to others via or in connection with the App or Services.

5.2. Obligations

5.2.1 Caution

You must be aware that any action, activity and/or information displayed or provided on or via the App is conducted by trained and experienced professionals and it is Your responsibility to take precautions and use common sense when using the App including any Content or Service provided therein.

5.2.2 Registration

In case a registration of a User account is required in order to use or install the App on a device, the User must enter correct and complete data and keep such information current at all times.

5.2.3 Red Bull Reputation

The User must not cast a negative light on Red Bull, Red Bull’s affiliates, and/or on Red Bull’s or their activities, business or brands. You shall in particular refrain from using and/or posting, uploading, transmitting through, or otherwise making available through the App and Services, any content in connection with: (a) illegal products, content, services or materials; (b) any products, content, services or materials concerning or relating to obscenity, pornography or similarly adult-themed material; (c) coverage of accidents, assaults, catastrophes or riots; and/or (d) competing products (in particular beverages containing caffeine, taurine or guarana).

5.3. Use Restrictions

You may not use the App (including its Content and Services) for the purposes described in Sections 5.3.1 to 5.3.5 below.

5.3.1 Exploitation

You may not reproduce, copy, post, republish, broadcast, publicly display, record, offer, transmit, distribute or edit the App, Services or Content in its entirety or any portion thereof. The same shall apply to ideas and concepts of the App, any Content or Services are based on, even if not protected by Intellectual Property Rights (IPR) law.

5.3.2 Content Protection

You must not and must not attempt to breach, surpass or circumvent any applied content protection, digital right management or any other software protecting or assisting the App, the Content or the Services.

5.3.3 Harmful Impact

You must not and must not attempt to hamper, disable, interfere or attempt to interfere with the App, its scripts or any part of it (including its security-related features or any transaction as may be concluded on this App), either via any virus, trojan horses, or other harmful code or script or any other action or tool, which may cause damage to the App, Service, Content or any technical installation.

5.3.4 Use for Commercial Purposes

You must not use the App, Content or Services for commercial purposes, including without limitation the sale of access to the App, Services or Content.

5.3.5 Unlawful Activities

You must not use the App, Content or Services for any unlawful purpose or for the publication of, linking to, issue or display of any unlawful material (such terms to include, but not be limited to, any pirated software or any material which is obscene, threatening, malicious, deceptive, harmful, abusive, defamatory, intimidating, discriminatory on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability) or which breaches the rights (including, but not limited to IPR) of Us and/or any third party or which encourages or procures any criminal activity or contains any virus, trojan horses, or other harmful code or script.

6. Breaches, Termination

Red Bull may, in its sole discretion, without prior notice, block, suspend or terminate Your access to this App including the content or Services contained therein in its entirety or in part, if Red Bull determines or has reasonable grounds to suspect that the User has breached these T&Cs or where the User’s use of the App including the Content and Services may be causing damage.

In addition, a breach of the T&Cs may constitute a fraudulent offence and result in legal claims and damages as well as criminal prosecution.

7. Warranty for Defects, Liability

7.1. Disclaimer, Warranty for Defects for Free Apps

7.1.1 Quality

Red Bull makes 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 App, services or content provided therein 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 App are at Your sole discretion and risk.

7.1.2 Availability

You acknowledge and agree that You access and use the App, 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, interruptions or defects in the App, any Content, Services, 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). We do not warrant that the App, the Content or the Services will be corrected. We reserve the right at any time and without notice to remove the App, Content or Services (or part thereof) for whatever reason or to interrupt the operation of the App, Content or Services (or part thereof) as may be necessary to perform routine or non-routine maintenance, error correction or other changes.

7.2. Liability

You agree that We, Our and Our affiliates’ employees, directors, distributors, licensors and agents shall not be liable, whether in contract, tort (including without limitation negligence) or otherwise and whether such liability is direct, indirect, consequential or special, for any: (i) loss of business, opportunity, use, profit, anticipated profit, contracts, revenue, goodwill or anticipated savings; (ii) loss of data or use of data; (iii) failure to provide 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 and in each case whether arising in connection with the use of or attempt to use the App, the Content or the Services, the inability to use these items, delays, unavailability, interruption or termination of Our provision of the App, Content or Services. The exclusions 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.

Nothing in these T&Cs 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, or affect any statutory rights which You may be entitled to as a consumer.

7.3. Warranty for and Liability regarding paid Apps or In-App Purchase Function

With regard to paid Apps or parts of an App (including content or services) that are subject to an in-app purchase, any limitation of warranty or liability shall only be applicable as far as mandatory applicable laws allow such.

8. Indemnity

You agree to fully indemnify and hold Us, Our affiliates, officers, directors, shareholders, employees and agents harmless in respect of any liability, damage, claim, action, expense, demand or cost (including any legal fees in relation to such claim or damage) incurred by Us arising from or in connection with Your use of the App, Content or Services provided that by the respective use the User breaches these T&C or violates any applicable law.

9. Final Provisions

9.1. Severance

Each provision of these T&Cs shall be constructed separately and independently. The effectiveness of these T&Cs shall not be impaired if any provision of these T&Cs 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 by a valid provision that best embodies the intent of these T&Cs, so that these T&Cs remain in full force and effect.

9.2. Transfer and Assignments of Granted Rights

The User may not transfer or assign any rights and licenses granted under these T&Cs.

9.3. Governing Law and Jurisdiction

These T&Cs shall be governed by and construed in accordance with Austrian law and all disputes arising out of or in connection with these T&Cs shall be subject to the jurisdiction and courts thereof as far as permitted under applicable data protection, consumer or other mandatory right or law. The application of the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 shall be excluded.

10. Additional Conditions of or Regarding Platform Provider

Depending on the platform of a respective service provider from which the App was downloaded, additional terms and conditions may apply for Your use of the App the Content and the Services. It is the User’s sole responsibility to determine these supplementary or (as the case may be) prevailing terms and conditions and the User undertakes to comply with them accordingly.

Irrespective thereof, depending on the platform You downloaded the App from, the following shall apply individually.

10.1. Apple

10.1.1 The T&C are a contract between You and Red Bull. Apple is not a contractual partner. Apple assumes no responsibility for the App, Content or Services.

10.1.2 Red Bull grants You the right to use this App on iOS-products that You own or are operated by You in each case in compliance with the terms of use of the app store.

10.1.3 Apple is in no respect obliged to provide any maintenance and/or support services with regards to the App.

10.1.4 Apple assumes no responsibility for the review, defense, settlement and fulfilment of claims resulting from an infringement of third party IP-rights.

10.1.5 Apple is not obliged to react to claims by You or a third party in connection with the App or its ownership and/or the use of the App. This applies, inter alia, for the following claims (a) product liability claims; (b) claims regarding any statement that the App infringes applicable statutory or regulatory requirements and (c) claims regarding consumer and similar laws.

10.1.6 In case the App and these T&C should not provide for applicable mandatory rights, You are entitled to inform Apple in order for Apple to reimburse the purchase price (if applicable). To the extent permitted by applicable law, Apple assumes no further warranty obligation with regard to the App.

10.1.7 Apple and its affiliated entities are beneficiary of the T&C and are therefore entitled to (and this right shall be deemed to have been accepted) assert them against You.

10.2. Windows

10.2.1 This is a contract between You and Red Bull. Microsoft is no contractual partner. Terms of use of Microsoft or (if applicable) a network operator that provides clearing and settlement services for the Windows Phone Marketplace, do not apply to the use of the App.

10.2.2 You may install and use a copy of the App on up to five (5) Windows enabled devices that are owned or operated by You and that are connected with Your Microsoft account. You may not install or use the App on devices neither owned nor operated by You.

10.2.3 Neither Microsoft, nor the manufacturer of Your device and/or (if applicable) Your mobile communication service carrier are obliged to provide any support services for the App.

10.2.4 Microsoft, Your mobile communication service carrier, over whose network the app is distributed and their respective affiliates, intermediaries, agents and supplier (together "Distributors Subject to Exclusion of Liability") do not grant any explicit warranty, guarantee or condition regarding or in connection with the App. To the extent permitted by applicable law, the Distributors Subject to Exclusion of Liability exclude any implicit guarantee or condition, including any customary commercial quality, the fitness for a particular purpose and the non-infringement of property rights.

10.2.5 You by Yourself, and not the Distributors Subject to Exclusion of Liability bear the risk resulting from the use of the App (also and even if the Distributors Subject to Exclusion of Liability have been made aware of the possibility of damages potentially occurring to You). Also, applicable laws of Your jurisdiction might grant You additional consumer rights, which remain unaffected.

10.2.6 To the extent permitted under applicable laws You commit Yourself not to raise claims for damages against the Distributors Subject to Exclusion of Liability resulting from consequential dames, loss of profits, special or indirect damages or collateral damages.