WEBSITE TERMS OF USE
Welcome to www.redbulladvancedtechnologies.com (the “Website”). These terms of agreement (“Terms”) form a legally binding agreement between you and Red Bull Advanced Technologies (“RBAT”) relating to your use of the Website and it is important that you take the time to read them carefully. Using the Website indicates that you have read, understood, accept and agree to comply with the Terms (regardless of whether or not you choose to register with us). The Terms apply to all users of the Website, including users who use any service on the website, participate in any competitions and are contributors of video content, information and other materials or services to Red Bull Racing.
YOUR ATTENTION IN PARTICULAR IS DRAWN TO THE WARRANTY AND LIABILITY EXCLUSIONS IN THESE TERMS.
Accepting the Terms
You may not access and use the Website unless you accept and agree to the Terms. You understand and agree that Red Bull Advanced Technologies will treat your use of the Website as acceptance of the Terms. If you do not accept the Terms, please leave the Website immediately. You may not use the Website and may not accept the Terms if (a) you are not of legal age to form a binding contract with Red Bull Racing, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Website under the laws of the country in which you are resident or from which you access or use the Website.
Changes to the Terms
Red Bull Advanced Technologies may, at its discretion, make changes to the Terms from time to time. When these changes are made, Red Bull Advanced Technologies will make a new copy of the Terms available here. You understand and agree that if you use the Website after the date on which the Terms have changed, Red Bull Advanced Technologies will treat your use as acceptance of the updated Terms.
Red Bull Advanced Technologies Accounts
In order to access some features of the Website, you may have to create a user account. When creating your account, you must provide accurate and complete information. It is important that you must keep your account password secure and confidential. You must notify Red Bull Advanced Technologies immediately of any breach of security or unauthorised use of your account that you become aware of. Details of how we use any information you provide to us is provided in our Privacy Policy [www.redbullracing.com/article/privacy-policy], and/or in the account specific privacy policy notified to you at the time of providing your information.
Copyright policy
Red Bull Advanced Technologies operates a zero-tolerance copyright policy in relation to any materials provided by you that are alleged to infringe the copyright of a third party. As part of Red Bull Advanced Technologies’ copyright policy, Red Bull Advanced Technologies will terminate user access to the Website if your use of the Website or any materials provided by you are suspected to or have been determined to infringe copyright.
Your User Submissions
As a Red Bull Advanced Technologies account holder you may be able to submit audio, visual and/or textual content to the Website (collectively referred to as “User Submissions”). User Submissions will normally be subject to separate terms and conditions and privacy policy relevant to the particular account with which you register, as notified to you at the time of account creation. However, without prejudice to the content of any account terms and conditions, you acknowledge and agree that you will not post or upload any User Submissions which contain content which it is unlawful for you to possess or license in the country in which you are resident, which it would be unlawful for Red Bull Advanced Technologies to use or possess in connection with the provision of the Website, which is technically harmful or which defames, abuses or threatens others, which is hatefully or racially offensive or which contains vulgar, obscene or indecent language or images. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. Red Bull Advanced Technologies does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and Red Bull Advanced Technologies expressly disclaims any and all liability in connection with User Submissions. Please refer to the terms of our Privacy Policy [www.redbulladvancedtechnologies.com/article/privacy-policy], (or alternatively the privacy policy applicable to your account) for information on what Red Bull Advanced Technologies does with and how we deal with any information you provide in connection with User Submissions.
Ownership of Content
All content on the Website including, without limitation, the text, software, scripts, graphics, photos, sounds, music, videos and interactive features on the Website is either owned by or licensed to Red Bull Advanced Technologies, and is subject to copyright, trade mark rights, and other intellectual property rights of Red Bull Advanced Technologies or Red Bull Racing’s licensors. Any third party trade or service marks present on the Website are trade or service marks of their respective owners. Red Bull Advanced Technologies reserves all right in and to this content. The content of the Website may not be downloaded, copied, reproduced, modified, stored, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose in any medium whatsoever without explicit prior written consent of Red Bull Racing.
Links from the Website
The Website may include hyperlinks to other websites that are not owned or controlled by Red Bull Advanced Technologies. Red Bull Advanced Technologies has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. Red Bull Advanced Technologies encourages you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit. You acknowledge and agree that Red Bull Advanced Technologies is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources. You acknowledge and agree that Red Bull Advanced Technologies is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.
Cookies
When viewing the Website, some information may be stored on your computer. This information will be in the form of a “Cookie” or similar file and may be used by Red Bull Advanced Technologies to improve the content of a website to better match your interests and preferences. For more information on how we use and how to remove Cookies, please read the terms of our Privacy Policy [www.redbulladvancedtechnologies.com/article/privacy-policy].
Exclusion of Warranties/ Limitation of Liability
Nothing in the Terms shall affect any statutory rights to which you are always entitled as a consumer and that you cannot contractually agree to alter or waive. However, you acknowledge that the Website is provided “as is” and “as available”. Red Bull Advanced Technologies makes no warranty or representation, express or implied, to you with respect to the Website to the fullest extent permitted by law. In particular, Red Bull Advanced Technologies does not represent or warrant to you that: (i) your use of the Website will meet your requirements; (ii) your use of the Website will be uninterrupted, timely, secure or free from error; (iii) any information obtained by you as a result of your use of the Website will be accurate or reliable; or (iv) defects in the operation or functionality of any software provided to you as part of the Website will be corrected.
YOU ACKNOWLEDGE AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE WEBSITE IS DONE AT YOUR OWN RISK AND YOUR ARE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT.
IN NO CIRCUMSTANCES SHALL RED BULL ADVANCED TECHNOLOGIES OR ITS SUPPLIERS BE LIABLE IN ANY WAY WHATSOEVER ARISING OUT OF YOUR USE OR INABILITY TO USE THE WEBSITE OR ACCESS ITS CONTENT, EVEN IF RED BULL ADVANCED TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RED BULL ADVANCED TECHNOLOGIES SHALL NOT BE LIABLE TO YOU FOR:
(i) ANY INDIRECT OR CONSEQUENTIAL LOSSES INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION;
(ii) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF:
a. any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Website;
b. any changes which Red Bull Advanced Technologies may make to the Website, or for any permanent or temporary cessation in the provision of the Website (or any features within the Website);
c. the deletion of, corruption of, or failure to store, any User Submissions and other communications data maintained or transmitted by or through your use of the Website; or
d. your failure to keep any passwords or account details secure and confidential.
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT RED BULL RACING’S LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
General
The Terms constitute the whole legal agreement between you and Red Bull Advanced Technologies and govern your use of the Website and replace any prior agreements between you and Red Bull Advanced Technologies in relation to the Website. You agree that if Red Bull Advanced Technologies does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Red Bull Advanced Technologies has the benefit of under any applicable law) this will not be taken to be a formal waiver of Red Bull Advanced Technologies’ rights and that those rights or remedies will still be available to Red Bull Advanced Technologies. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable. You acknowledge and agree that each member of the group of companies of which Red Bull Advanced Technologies is a party shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them under the Contracts (Rights of Third Parties) Act 1999. Other than this, no other person or company shall be a third party beneficiary of the Terms. The Terms, and your relationship with Red Bull Advanced Technologies under the Terms, shall be governed by English law. You and Red Bull Advanced Technologies agree to submit to the exclusive jurisdiction of the courts of England to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Red Bull Advanced Technologies shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.
Red Bull Advanced Technologies, 2018