A. Subscription Terms and Conditions for mobile Games** for users worldwide (excluding users from the United States): If you are a user from the United States, please see the terms below under B.:
1. General Information 1.1. Welcome **
This mobile Game (“Game”) is being provided to you (“User“ or “You“) by Red Bull Media House GmbH, as defined in this Game’s imprint (hereinafter referred to as “We“, “Our“ or “Us“) for the use (including (in-Game-)purchase, subscription, etc) of the Game.
The following Subscription 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&C, Latest Version**
You may find the latest version in the T&C area under the settings menu of the Game. The T&C are provided in a form that You can save and/ or print them.
We reserve 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 mobile games. We will inform You about any such change and will provide You access to the 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 Game 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. We undertake to inform You about the implications of Your behaviour at the beginning of said period, in particular, if the use is for a fee, whether and how much of such fee will be refunded to you in case of such termination.
1.3. Technical Steps to a Game-Use-Contract and No Right of Withdrawal**
The essential characteristics of the Game (free/trial/purchase) and/ or in-Game-purchases are clearly described in the Store (see Section 10 below) and/ or the Game, especially (i) if any: total price, incl all taxes etc; (ii) in the case of a trial version, the terms and conditions of the trial; (iii) in the case of a subscription, the total monthly price and the terms for a termination of the subscription, whereas generally the following terms apply: subscription cancellation by the user can be done at any time and has the consequence that the user still has the ability to access the service for the remaining period of the subscription, but these features will not be available for the user from the start of the following (next week / month) subscription period; and (iv) function of the Game, including applicable technical protection measures and the interoperability of the Game with hardware and software. Please see regarding Third Party Software, Content and Services Section 3 below.
At the latest at the beginning of the purchase process, We clearly state whether there are any (geographic) restrictions to obtain the Game and – if there is a fee – which payment methods are accepted.
The individual technical steps leading to Your contractual declaration (Order) are clearly described in the Store (see Section 10 below) to obtain the Game and/ or in the Game. The languages in which the Order can be placed are clearly indicated in the Store/ in the Game; generally it is only the English language. Please note that You have NO right of withdrawal (see information on Right of Withdrawal below) as there is a step in the purchase flow where You expressly requested the immediate use of the Game. Before You place Your (purchase) Order by clicking “SUBSCRIBE”-Button, we provide You with an overview to identify and correct input errors and to review the (purchase) Order. The Store (see Section 10 below) confirms your Order (also providing invoices etc). The conclusion of the contract takes place (a) when We/ the Store explicitly confirm(s) Your Order or (b) when We/ the Store fulfill(s) Your Order. You can review and change/ terminate Your Orders and contracts in the Store (see Section 10 below).

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RIGHT OF WITHDRAWAL
You generally (however, see above that You expressly requested the immediate use of the Game, so that you do NOT have a right of withdrawal in those cases) have the right to withdraw the (In-)Game-Purchase-Contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day of the (In-)Game-Purchase-Contract. To exercise your right of withdrawal, You must cancel the contract in the Store (see Section 10 below) or inform Us otherwise (see contact details above) by means of a clear statement (eg a letter sent by mail, fax or e-mail) of your decision to withdraw the Game-Purchase-Contract. For this purpose, You may use the below “Model Withdrawal Form”, which is, however, not mandatory. To comply with the withdrawal period, it is sufficient that You send the notification of the exercise of the right of withdrawal before the expiry of the above-mentioned withdrawal period.
If you have the right and You withdraw the Game-Purchase-Contract, We shall reimburse You all payments We have received from you, without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, We will use the same payment methods that You used in the original transaction, unless expressly agreed otherwise with You; in no case You will be charged any fees because of this repayment.
SAMPLE WITHDRAWAL FORM
(If You have the right of withdrawal (see information above) and You want to withdraw the (In-)Game-Purchase-Contract, please fill out this form and send it back):
To Red Bull Media House GmbH, Oberst-Lepperdinger-Str. 11-15, 5071 Wals near Salzburg, Austria, games@support.redbull.com
I/we () hereby revoke the contract concluded by me/us () for the purchase of the following goods ()/the provision of the following service ():
Ordered on ()/received on ():
Name of the consumer(s):
Address of consumer(s):
Signature of the consumer(s) (only in case of notification on paper):
Date:

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1.4. Contact**
Please contact Us under app@redbull.com should You have any questions, complaints or comments on the Game, the services or content or if You are aware that these T&C are being breached by another user or third party.
2. Intellectual Property Rights 2.1. The Game contains Our digital content and services (“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 Game.
2.3. Services**
Services include the access to the Game, software, tools and content made available to You via the Game.
2.4. Ownership**
You acknowledge and agree that the Game (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 Game), 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 Us and are subject to copyright and other applicable intellectual property rights and shall remain, Our sole and exclusive property , 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 Game by implication, estoppels or other legal theory, and all rights in and to the Game not expressly granted under Section 4 are hereby reserved and retained by Us.
3. Third Party Software, Content and Services 3.1 Third Party Software**
The Game may utilize or include third party software that is subject to third party license terms (“Third Party Software”) as listed under the Section “Software Components” of the settings menu of the Game. Therefore, You acknowledge and agree that Your right to use such Third Party Software as part of the Game might be 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.
If You do not agree with such additional terms and conditions You may not use the Game.
3.2 Other Third Party Content, Services**
The Game 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 Game or as part of the Game 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 Game including the agreed/ purchased 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 Section 5.
This license grant shall apply accordingly to any updates and/or upgrades of the Game, the Content and Services provided by Us from time to time. We do, however, not undertake any obligation to provide for such updates and/or upgrades in any matter, as long as there is no statutory obligation in terms of eg legal warranty.
4.2. Granted Purpose of Use**
You may use the Game and the Content and Services for strictly private purposes only and as a consumer in terms of the consumer protection laws.
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 Game and its Content automatically expires.
5. User Content, Obligations and Use Restrictions 5.1. User Content**
In case the Game 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 Game 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 Game is conducted by trained and experienced professionals and it is Your responsibility to take precautions and use common sense when using the Game 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 Game on a device, the User must enter correct and complete data and keep such information current at all times. You keep Us harmless if Your registration data is incorrect or abused by third parties. So keep your User account safe!
5.2.3 Our Reputation
The User must not cast a negative light on Us, Our affiliates, and/or on Our 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 Game 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 Game (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 Game, Services or Content in its entirety or any portion thereof. The same shall apply to ideas and concepts of the Game, 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 Game, 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 Game, its scripts or any part of it (including its security-related features or any transaction as may be concluded on this Game), either via any virus, trojan horses, or other harmful code or script or any other action or tool, which may cause damage to the Game, Service, Content or any technical installation.
5.3.4 Use for Commercial Purposes
You must not use the Game, Content or Services for commercial purposes, including without limitation the sale of access to the Game, Services or Content.
5.3.5 Unlawful Activities
You must not use the Game, 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 We may, in our sole discretion, without prior notice, block, suspend or terminate Your access/ Your Contract to this Game including the content or Services contained therein in its entirety or in part, if We determine or have reasonable grounds to suspect that the User has breached these T&Cs or where the User’s use of the Game 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 and Trial Games**
7.1.1 Quality
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 Game, 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 Game are at Your sole discretion and risk.
7.1.2 Availability
You acknowledge and agree that You access and use the Game, 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 Game, 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 Game, the Content or the Services will be corrected. We reserve the right at any time and without notice to remove the Game, Content or Services (or part thereof) for whatever reason or to interrupt the operation of the Game, 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 Game, the Content or the Services, the inability to use these items, delays, unavailability, interruption or termination of Our provision of the Game, 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&C 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 (including subscription based) Games or In-Game Purchase Function**
With regard to paid (including subscription based) Games or parts of an Game (including content or services) the statutory warranty law applies for consumers. Liability is limited to direct damages in the context of Our intent or gross negligence, Your personal injury and/ or based on mandatory liability laws.
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 Game, 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&C shall be constructed separately and independently. The effectiveness of these T&C shall not be impaired if any provision of these T&C 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&C, so that these T&C 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&C.
9.3. Alternative Dispute Resolution (ADR), Governing Law and Jurisdiction**
There is the possibility for consumers to settle a dispute with a ADR-body, namely “Österreichische Schlichtungsstelle für Verbrauchergeschäfte” http://www.verbraucherschlichtung.at and/ or “Internet-Ombudsstelle” http://www.ombudsstelle.at and/ or EU's online information site http://ec.europa.eu/consumers/odr/. You as a consumer and We can use this possibility. However, We are not obliged to do so. This possibility therefore only applies if You and We agree in a specific dispute that We want to use the ADR.
If you are a non-EU-Resident: These T&C shall be governed by and construed in accordance with the laws of the country, where the entity named in the imprint is seated. All disputes arising out of or in connection with these T&C shall be subject to the court responsible for commercial matters in the city of the country, where the entity named in the imprint is seated, without reference to its rules relating to conflicts of law. The application of the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 shall be excluded.
If you are an EU-Resident: These T&C shall be governed by and construed in accordance with the laws of the country, where the entity named in the imprint is seated. and the application of the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 shall be excluded. Such a choice may not, however, have the result of depriving You of the protection afforded to You by provisions that cannot be derogated from by agreement by virtue of the law which, in the absence of choice, would have been applicable to You.
10. Additional Conditions of or Regarding Platform Provider Depending on the platform of a respective service provider from which the Game was downloaded, additional terms and conditions may apply for Your use of the Game 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 Game from, the following shall apply individually.
10.1 Apple**
10.1.1 The T&C are a contract between You and Us. Apple is not a contractual partner. Apple assumes no responsibility for the Game, Content or Services.
10.1.2 We grant You the right to use this Game 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 Game.
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 Game or its ownership and/or the use of the Game. This applies, inter alia, for the following claims (a) product liability claims; (b) claims regarding any statement that the Game infringes applicable statutory or regulatory requirements and (c) claims regarding consumer and similar laws.
10.1.6 In case the Game 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 Game.
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 Us. 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 Game.
10.2.2 You may install and use a copy of the Game 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 Game 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 Game.
10.2.4 Microsoft, Your mobile communication service carrier, over whose network the Game 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 Game. 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 Game (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 damages, loss of profits, special or indirect damages or collateral damages.
10.3 Google Play**
10.3.1 The T&C are a contract between You and Us.
10.3.2 Irrespective of applying these T&C the content of Google Play is offered by Google Commerce Limited and Google’s T&C apply additionally respectively towards Google Commerce Limited.
10.3.3 We grant You the right to use this Game on Android-products that You own or are operated by You in each case in compliance with the terms of use of Google Play and these T&C. Google Commerce Limited and its affiliated entities are beneficiary of these T&C and are therefore entitled to (and this right shall be deemed to have been accepted) assert them against You.
11. 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.

B. Terms of Use for users from the United States: Welcome! These Terms of Use ("Terms") set out the terms and conditions by which Red Bull Media House GmbH, whose offices are at Oberst Lepperdinger Straße 11-15, 5071 Wals-Siezenheim, AUSTRIA, and its affiliates (hereinafter “we” or “us” or “our”) 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.
THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION. YOU AGREE THAT, EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED BELOW, ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION. PLEASE READ THE SECTION TITLED “DISPUTES; ARBITRATION; CLASS ACTIONS; JURY TRIAL” BELOW TO LEARN MORE.
Using these Properties indicates your unconditional agreement to these Terms, including our Privacy Policy, 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 13 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, we ask 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.
C. You are responsible for your use of the Properties. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain conduct that may be harmful to other users or to us. When you use the Properties, you may not:
i. violate any law or regulation;
ii. violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
iii. post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, discriminatory or otherwise objectionable;
iv. send unsolicited or unauthorized advertising or commercial communications, such as spam;
v. use any means to spider, harvest, scrape, crawl, or participate in the use of software, including spyware, to collect data from the Site or Services or any Web pages contained in the Properties;
vi. transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
vii. stalk, harass, or harm another individual;
viii. impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
ix. attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Properties;
x. attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Properties; or
xi. advocate, encourage, or assist any third party in doing any of the foregoing.
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 us. You represent that User Content you provide is original with you, does not and will not (when used by us consistent with the above license) 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 we are not obligated to use any User Content and you have no right to compel such use. You understand and acknowledge that we have wide access to ideas, stories, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by our 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 our 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 our actual or alleged exploitation or use of any User Content or other material you submit to the Properties or us, 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 consistent with the terms set forth in the sections entitled “DISPUTES RESOLUTION AND MANDATORY ARBITRATION; NO CLASS ACTIONS; NO JURY TRIAL”.
3. ACCOUNTS, REGISTRATION, TERMINATION A. To access or use some features of our Properties, you may have to become a registered user. If you are under the age of sixteen (16), then you are not permitted to register as a user, sign up for any Promotional Messages (see below), or otherwise provide us any personal information.
B. If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a username and password (a “Account”). You are responsible for the activity that occurs under your Account, and for maintaining the confidentiality of your Account. You agree to Contact Us immediately if you become aware of any breach of security or unauthorized use of your Account.
C. You may terminate your Account at any time by Contacting Us. Account terminations (initiated by you or us) are generally permanent and cannot be undone. If your Account is terminated, you will no longer have access to information you have stored within our applicable Properties (for example, content that you liked, event registrations). Further, if you are participating in a Promotion (see below) when your Account is terminated, you may be automatically disqualified and/or lose the ability to claim a prize/reward). For these and other reasons, prior to termination of your Account, please ensure that you have saved all information that you wish to keep.
D. Your Account may give you access to our other Properties, which may have different terms of use that will be made available and apply independently of these Terms.
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:
i. “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.
ii. 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. PAID TRANSACTIONS A. We may make certain of our Properties (including applications, games, software and other digital content) available directly or through authorized third parties for a one-time license fee, on a subscription basis or under any other lawful pricing structure. The prices displayed on or for our Properties are in U.S. Dollars (“Prices”) and, unless we state otherwise in writing, exclude taxes and other government charges (“Taxes”), as well as delivery fees (as applicable). In connection with any order you place involving our Properties (each, an “Order”), you agree to pay the Prices, Taxes and other charges disclosed to you at check-out. All Prices are subject to change without notice. Orders are not final until we accept the Order. The Price charged for any of our Properties will be the price in effect at the time the order is placed. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrence
B. In connection with any Order involving a virtual item (including characters, names, skins, goods) or in-game currency (together, “Digital Items”), you are paying for a limited, non-assignable license to access and use such Digital Items as intended by and solely as permitted within the Property. You do not have any right to reproduce, distribute, communicate to the public, make available to the public or transform any of our Properties or Digital Items via any online media, in any media format or channel now known or hereafter devised (except as may be expressly described or contemplated within our applicable Property). Digital Items purchased or available to you in or via our Properties can only be used in connection with the applicable Property associated with the Order. Digital Items are not redeemable or subject to refund and cannot be traded outside of any of our Properties for money or other items for value (for example, in-game currency has no cash value). We may modify or discontinue any or all Digital Items at any time, with or without notice to you.
C. Some of our Properties require or allow for paid subscriptions. By signing up for a subscription, you agreed that your subscription may be automatically renewed and, unless you cancel your subscription, you authorized the charges to your payment method for the renewal term. From time to time, we may offer a free trial subscription. If you register for a free trial subscription, we will begin to bill your account when the free trial subscription expires, unless you cancel your subscription before that time. If you cancel your subscription early, unless we provide otherwise in writing, you will not receive a prorated refund, but you will continue to have access to the product or service until the end of the term during which you canceled the subscription.
D. We reserve the right to refuse or cancel any Order prior to delivery. Some situations that may result in your Order being cancelled include system or typographical errors, inaccuracies in product or pricing information or product availability, fairness among customers where supplies are limited, or problems identified by our credit or fraud departments. We also may require additional verification or information before accepting an Order. We will contact you if any portion of your Order is cancelled or if additional information is required to accept your Order. If your Order is cancelled after we have processed your payment but prior to delivery, we will refund your payment. E. When you provide payment information, you represent and warrant that: (i) the credit card information you supply to us or our processor is true, correct and complete; (ii) you are duly authorized to use such credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) that all the information you provide is accurate and that you will notify us of any subsequent changes.
F. You may have the right to cancel an Order placed depending on the nature of the applicable Property ordered and a return policy associated with the same . Please note that Orders for Digital Items, personalized items and items with a seal that has been broken are typically non-refundable. Subject to the foregoing, unless we provide otherwise in writing, the return period associated with our Properties (including any physical goods you may order) is thirty (30) from delivery. Depending on the nature and condition of the applicable item returned, you may be required to pay for return shipping fees and may only receive a pro rata portion of the amount originally paid.
7. 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”:
i. your name, address, telephone number, and e-mail address;
ii. a description of the copyrighted work that you claim has been infringed;
iii. the exact URL or a description of each place where alleged infringing material is located;
iv. 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;
v. your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
vi. 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
1630 Stewart Street
Santa Monica, CA 90404
Phone: (310) 393-4647
Email: 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. Any notices of copyright infringement are subject to counter-notice as detailed below.
If you believe the content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use such content, you may submit a counter-notice to the address listed above containing the following information:
i. Your physical or electronic signature;
ii. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
iii. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
iv. Your name, physical address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.
After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the content that was removed or disabled. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.
8. THIRD PARTY INDEMNITY You agree to indemnify and hold harmless “Our 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. “Our Parties” means Red Bull Media House GmbH 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.
9. WARRANTIES; LIABILITY A. YOU EXPRESSLY AGREE THAT USE OF OUR PROPERTIES IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, DATA, OR INFORMATION SHARED BY THIRD PARTIES. 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 OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE, AND ALL OTHER IMPLIED WARRANTIES.
B. WHEN PERMITTED BY LAW, OUR PARTIES WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF OUR 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 THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
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.
These Terms shall be construed in accordance with the laws of the State of California without regard to its conflict of laws rules. Any permitted court legal proceedings against one of Our Parties (i.e., those not subject to Mandatory Arbitration, as provided below) that may arise out of, relate to, or be in any way connected with our Properties.
10. DISPUTE RESOLUTION & MANDATORY ARBITRATION (A) We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information and the proposed resolution. You agree to contact us with disputes by contacting us at Contact Us. We will contact you based on the contact information you have provided us.
(B) If after 30 days the parties are unable to resolve any dispute raised under the previous provision, the dispute may only be submitted to arbitration consistent with this Section. We each understand that either of us would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but we are instead voluntarily choosing to have any disputes resolved through binding arbitration.
(C) We each agree that any claim or dispute between us, and any claim by either of us against any agent, employee, successor, or assign of the other, including, to the full extent permitted by applicable law, third parties who are not signatories to this agreement, whether related to this agreement or otherwise, including past, present, and future claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration administered by the JAMS under its rules and procedures in effect when the claim is filed. The rules and procedures and other information, including information on fees, may be obtained from JAMS’ website (www.jamsadr.com) or by calling JAMS at 949-224-1810.
(D) We are entering into this arbitration agreement in connection with a transaction involving interstate commerce. Accordingly, this arbitration agreement and any proceedings thereunder shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.
(E) Exception to Arbitrate. We each agree as follows: (i) either of us may bring qualifying claims in small claims court; (ii) to the extent state law permits either of us to seek injunctive or other equitable relief outside of arbitration, we each agree that such actions will be brought exclusively in the U.S. District Court for the Southern District of California or state court located in Los Angeles. We each consent and submit to the personal jurisdictions of these courts; and (iii) as set forth below, we each agree that any arbitration will be solely between you and the relevant Red Bull Media House GmbH Party, not as part of a classwide claim. If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn't apply and we each agree to resolve the dispute in court.
11. NO CLASS ACTIONS TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
12. NO TRIAL BY JURY TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PERMITTED PROCEEDING.
13. AMENDMENTS; ASSIGNMENT You agree that we 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.
14. 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. We reserve the right to provide you with operating rules or additional terms that may govern your use of our Properties generally or any unique aspect (“Additional Terms”). For instance, we may provide you Additional Terms relating to the cancellation or returned to an Order (see Section 6 above). To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.
B. Other than as set forth herein, 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. Our Properties may integrate, be integrated into, or be provided in connection with third-party websites, services, applications, platforms, and/or content (“Third-Party Solutions”). We do not control any Third-Party Solutions or any provider of such Third-Party Solutions (“Third-Party Providers”). If your access to any of our Properties is dependent on a Third-Party Solution (for example, accessing our application using an Apple iOS, Android, Microsoft Windows-powered device or gaming platform), then the applicable Third-Party Provider (for example, Apple Inc., Google, Inc. or Microsoft Corporation), shall be a third-party beneficiary of these Terms. However, no such Third-Party Provider is obligated to you under or otherwise a party to these Terms. Further, you agree to comply with, and your use of our applicable Property is conditioned upon your compliance with, all terms and conditions applicable the Third-Party Solution (for example, Apple and Android App Store terms). You represent to us that you have read and agreed to all such Third-Party Provider terms.
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 provisions 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 clicking here.
Updated and Effective on Apr 14, 2023