Welcome to the Red Bull website.
This Terms of Use Agreement (this “Agreement”) is a legal agreement between you (“User”) and Red Bull North America, Inc. (“Red Bull”) that governs your use of this Red Bull website (the “Site”). By utilizing the Site, User acknowledges that he or she has read, understood, and agrees to comply with the terms and conditions stated within this Agreement.
Red Bull may amend these terms and conditions at any time. User’s continued use of the Site constitutes acceptance of the terms and conditions stated at the time of use.
Red Bull may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site feature, database, or content. Red Bull may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.
Unless explicitly stated otherwise, any new features that augment or enhance the Site shall be subject to this Agreement.
You represent and warrant that you are either more than 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement and have obtained all necessary third-party consents, licenses and permissions necessary to enter into and fully perform your obligations herein. Your access to the Site may be deleted or blocked without warning if it is found that you are misrepresenting your age.
User Conduct
User agrees that all the information posted or accessed by User will be used only for informational or educational purposes. There will be no commercial or other unauthorized use of interactive features. User will not engage in any conduct or action that is prohibited by law or violates and federal, state, or local laws. Users of the Site also agree not to distribute, post, publish or otherwise communicate any content which defames, abuses or threatens others, which is hateful or racially offensive, or which contains vulgar, obscene or indecent language or images, or which contains unauthorized copyrighted material or infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
Corporate Identification and Trademarks
All registered and/or unregistered trademarks and/or service marks (collectively, “Marks”) used or referred to on the Site are the property of Red Bull, its parent, and affiliates unless otherwise noted. Users may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify these Marks in any way for any purpose without Red Bull’s prior written permission. The use of Red Bull’s Marks on any other website is prohibited.
Proprietary Rights to Content
User acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in the Site (“Content”) is the sole property of Red Bull (except where explicitly stated otherwise) and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. User may not copy, reproduce, distribute or create derivative works from this Content or use this Content other than as expressly authorized by this Agreement without Red Bull’s prior, express authorization.
User agrees not to download (other than page caching) or modify the Site, or any portion of it, except User is permitted to make one (1) copy of such Content for personal use only. This license does not include any resale or commercial use of the Site, the Service, or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Site, or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Red Bull. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Red Bull and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Red Bull’s name or trademarks without the express written consent of Red Bull.
User Submissions
User agrees that any materials (including without limitation, stories, text, pictures) submitted to Red Bull become the sole property of Red Bull, and that User has no rights of any kind in such materials. To the extent that such materials can not be transferred to Red Bull, User grants Red Bull a world-wide, royalty-free, and non-exclusive license to modify, use, display, distribute, sub-license, and publish such materials for any purpose.
Links to Third Party Sites
Red Bull may provide Users with links to other websites (“Third Party Sites”). These Third Party Sites are not under the control of Red Bull and User acknowledges that Red Bull is not responsible or liable for any content, advertising, products or other materials available from such Third Party Sites.
Any correspondence, business dealings with, or participation in promotions of third parties found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. Red Bull has no control over Third Party Sites or resources, and as such, you acknowledge and agree that Red Bull is not responsible for their availability, reliability, or functionality, and does not endorse and is not responsible or liable for any third-party content, applications, services, advertising, products, or other materials on or available from such websites or resources. Red Bull shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between you and any third parties, or as the result of the presence of such third-party content on the Site or as a result of the failure of such third-party services, applications, or content to function as intended.
Representations and Warranties
a) You represent and warrant that you are at least 18 years of age and have full authority to enter into this Agreement and to fully perform your obligations hereunder.
b) You represent and warrant that you shall not act in any manner which conflicts or interferes with any existing commitment or obligation of yours, and that no agreement previously entered into by you will interfere with your performance of your obligations under this Agreement.
c) You represent and warrant that you shall perform in compliance with any applicable laws, rules and regulations of any governmental authority.
Limitation of Liability
USER EXPRESSLY UNDERSTANDS AND AGREES THAT RED BULL SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPT OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SITE, OR RESULTING FROM ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED, EVEN IF RED BULL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU
Disclaimer of Warranties
Red Bull makes no warranty that the Site will meet your requirements or that it will be uninterrupted, timely, secure or error free; nor does Red Bull make any warranty as to the results that may be obtained from the use of the Site or as to the accuracy or reliability of any information obtained through the Site. USER UNDERSTANDS AND AGREES THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT USER’S OWN RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT.
UNLESS EXPRESSLY STATED OTHERWISE, RED BULL PROVIDES THE SITE CONTENT “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWABLE BY LAW. THIS INCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL RED BULL OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INDCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE CONTENT, EVEN IF RED BULL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnification
User agrees, at User’s expense, to indemnify, defend and hold harmless Red Bull, its officers, directors, employees, agents, affiliates, distributors and licensees from and against any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorney’s fees and expenses) incurred in connection with or arising from any claim, demand, suit, action or proceeding arising out of User’s breach of this Agreement or in connection with User’s use of the Site or any product or service related thereto.
Venue and Governing Law
This Agreement and the relationship between User and Red Bull shall be governed by and construed in accordance with the laws of the State of California. Any controversy or claim arising out of or relating to this Agreement or relating to use of the Site and the material contained in the Site shall be resolved in a federal or state court in Los Angeles County. User agrees that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such claim or cause of action arises or it will be forever barred.
Waiver/Severability
The waiver by either party of a breach or right under this Agreement will not constitute a waiver of any subsequent breach or right. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect.
Notice
Except as explicitly stated otherwise, any notices to Red Bull shall be sent by certified mail, return receipt requested, to Red Bull North America, 2525 Colorado Ave. Ste 320 Santa Monica, CA 90404 Attn: Legal Department. Notice shall be deemed given three (3) days after the date of mailing.
Contests
From time to time, the Site may contain conests for Users. All contests shall be governed by this Agreement and the rules of the particular contest, as posted on the contest entry page.
General
a) This Agreement, along with any additional terms, rules or regulations posted on the Site constitute the entire agreement between you and Red Bull and govern your use of the Site, superceding any prior agreements between you and Red Bull. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.
b) You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
c) The section titles in this Agreement are for convenience only and have no legal or contractual effect.
d) Any rights not expressly granted herein are reserved.
