Terms of Use

Red Bull Company Limited
155-171 Tooley Street
London
SE1 2JP
Tel: +44 (0)20 3117 2000
Fax: +44 (0)20 7434 0234
E-mail: uk.info@uk.redbull.com

Registered in England Number: 02790349  
Registered office: Red Bull Company Limited, 155-171 Tooley Street, London,  SE1 2JP
Red Bull Company Limited ('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.

COPYRIGHT INFORMATION

Red Bull GmbH and Red Bull Company Limited ('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or qualification, the Terms and Conditions and acknowledges that any other agreements between the User and Red Bull are superseded with respect to the subject matter hereof.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 (Effective & last modified 1 March 2012)

PLEASE READ THESE TERMS BEFORE USING OUR SERVICES. BY USING ANY OF OUR SERVICES YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT USE OUR SERVICES.

Red Bull Company Limited (“Red Bull”) offers you access to its interactive online websites, applications and services. These Terms of Use, together with our Privacy Policy govern your use of our websites (“Website”) or any of our mobile or other applications (“Applications”) (together, our “Services”). Our Services include www.redbull.co.uk and all other locations on which we place these Terms of Use.
Red Bull is limited company registered in England and Wales under company number 02790349. Our registered office is at 155-171 Tooley Street, London, SE1 2JP, which is also our main trading address. If you would like to contact us in relation to this Website, please email the following address info@uk.redbull.com. Please include your name and email address within any correspondence, so we can easily identify you.
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.

1. INTELLECTUAL PROPERTY
Our Services and associated content (including all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, content, materials, products, services, URLs, technology, documentation, and interactive features included with or available through our Services) and any and all intellectual property rights to the same (collectively, the “Service Content”) are owned by us, our licensors, or both. Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title or interest in our Services or any Service Content. Any rights not expressly granted in these Terms of Use are expressly reserved.

2. 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.
Our Services are provided for your personal, non-commercial use only. Except as expressly permitted in these Terms of Use you may not use, reproduce, duplicate, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Service Content for any purpose whatsoever without obtaining prior written consent from us or, in the case third-party content, its applicable owner. In certain instances, we may permit you to download, install or print Service Content. If so, you may do so only in the manner authorised and for your non-commercial use only and you acknowledge that you do not acquire any ownership rights in doing so.
Furthermore, except as expressly permitted in these Terms of Use, you may not:
(i) circumvent, disable or otherwise interfere with our security-related features including, without limitation, any features that prevent or restrict the copying of any software or other Service Content;
(ii) use an automatic device (such as a robot or spider) or manual process to copy the Website or Service Content for any purpose;
(iii) collect or harvest any personally identifiable information or non-personally identifiable information from our Services;
(iv) attempt to or interfere with the proper working of our Services or overburden, or disable the same;
(v) decompile, reverse engineer, or disassemble any portion of our software, Service Content or our Services;
(vi) encourage conduct that violates any law, either civil or criminal, or impersonate another user, person, or entity; or
(vii) engage in any conduct that restricts or inhibits any other user from using or enjoying our Services.
You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Use.

3. 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.
Our Services may include sending you promotional e-mails/newsletters and/or text/SMS messages. If you subscribe to receive these, they will be sent to you until you unsubscribe via any of our disclosed methods. To receive any these communications from us, you will be required to register and provide certain information. Our use of this information is governed by our Privacy Policy.
You may opt-out of receiving our e-mails/newsletters and/or text/SMS messages as set forth in our Privacy Policy (including by contacting us directly at info@redbull.co.uk or by using the “Unsubscribe” feature provided in the footer of our emails.)
If you opt in to receive any recurring Text/SMS Message Service we may provide(“Message Service”) the following terms apply: (1) unless we explicitly tell you otherwise in advance, we will not charge you for the Message Service. However, you may be charged message and/or data charges by your wireless carrier; (2) by enrolling in the Message Service, 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; (3) you may opt-out of receiving messages from us as set forth in our Privacy Policy, by texting “STOP REDBULL” to 72855 from your mobile phone, or through other methods we may from time-to-time identify; (4) if you have any questions about our Message Service or need assistance, you may text “HELP” to [72855] from your mobile phone; (5) we are not aware of any wireless carriers that do not support our Message Service, however, you must have a text or SMS enabled mobile phone; and (6) we do not guarantee or warrant that you will receive all or any of our messages.

4. USER CONTENT
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.
By submitting User Content to us, you automatically grant, or represent or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sub licensable, and transferable right and licence to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, (1) in connection with our business; and (2) in connection with the businesses of our affiliates, licensees, assignees, successors, parents, subsidiaries, and their related companies. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content. 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. 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.
By submitting User Content, you also grant us the right, but not the obligation to use your biographical information including, without limitation, your name and geographical location in connection with broadcast, print, online, or other use or publication of your User Content; provided, however, that all such uses will be consistent with the terms of our Privacy Policy.
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.

5. 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.

6. INDEMNIFICATION
You agree to indemnify and hold harmless Red Bull and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies (collectively, the “Red Bull Parties”) from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable legal fees and costs) arising out of, related to, or that may arise in connection with: (i) User Content provided by you; (ii) any violation or breach by you of these Terms of Use; or (iii) your acts or omissions whilst using the Services.

7. 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.

8. 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.

9. TERMINATION
We reserve the right in our sole discretion and at any time to terminate or suspend your Membership and/or block your use of our Services for any reason including, without limitation if you have failed to comply with these Terms of Use. You agree that Red Bull is not liable to you or any third party for any termination or suspension of your Membership or for blocking your use.
Any suspension or termination shall not affect your obligations to us under these Terms of Use. The provisions of these Terms of Use which by their nature should survive the suspension or termination of your Membership or these Terms of Use shall survive including, but not limited to the rights and licences that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, and all of the provisions under “Miscellaneous.”

10. COPYRIGHT POLICY
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.

11. CHOICE OF LAW AND JURISDICTION
These Terms of Use shall be construed subject to English law and the English courts shall have exclusive jurisdiction over any legal proceedings against Red Bull and any Red Bull group or affiliated company that may arise out of, relate to, or be in any way connected with our Services or these Terms of Use.

12. AMENDMENT; ADDITIONAL TERMS
We reserve the right in our sole discretion and for any reason, to modify or discontinue any aspect or feature of our Services or to modify these Terms of Use. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of our particular Services. Any additional terms that we may provide to you will be incorporated by reference into these Terms of Use. To the extent any additional terms conflict with these Terms of Use, the additional terms will prevail.
Modifications to these Terms of Use or Additional Terms will be effective immediately upon notice, either by posting on the Website, notification by email or through any of our Applications. It is your responsibility to review the Terms of Use from time to time for any changes or additional Terms. Your access and use of our Services following any modification of these Terms of Use or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use or to any Additional Terms we may, immediately discontinue use of our Services and, if applicable, terminate your Membership.

13. MISCELLANEOUS
We may assign these Terms of Use or any rights hereunder without your consent and without notice.
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.
Except where specifically stated otherwise, if any part of these Terms of Use is unlawful or unenforceable for any reason, we both agree that only that part of the Terms of Use shall be stricken and that the remaining terms in the Terms of Use shall not be affected. So, for example, if a provision in these terms is found to be unenforceable, we agree a court shall only strike that provision and that the remaining terms of these Terms of Use shall remain in force.
If we have provided you with a translation of the English language version of these Terms of Use, our Privacy Policy or Additional Terms, you agree that the English version governs your relationship with us and takes precedence if there is any contradiction between the English and translated versions.
These Terms of Use (including the Privacy Policy and any Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between us with respect to such subject matter.

Red Bull Company Limited, 2012