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Media Pitch Tool for Red Bull Content Pool:
Terms and Conditions

(last updated November 2021)

1. General Information1.1 Information about Us and the Website: The Red Bull
Content Pool (referred to hereinafter as the “Website”) is one of Our advanced
media asset management platforms showcasing the World of Red Bull that allows
its users to view, screen, retrieve, review, display and provide material and
media, in particular photos, recordings and moving images with a focus on high
quality content (hereinafter collectively referred to as the “Content”) relating
to events of Red Bull of any kind, such as sports events, cultural events,
Festivals, etc. (hereinafter collectively referred to as the “Events”). The
Website is operated by Red Bull Media House GmbH, a company incorporated under
Austrian law with registered offices in Oberst-Lepperdinger-Str. 11-15, 5071
Wals near Salzburg, Austria (herein referred to as “We”, “Us”, “Our” or
“Ours”).User can access the Content through the Website in order to screen and
review and/or obtain or retrieve content, material, information and other
services depending on the Content and as set out in separate for the .1.2
Information about Media Pitch Tool for Red Bull Content Pool: The Media Pitch
Tool for Red Bull Content Pool (hereinafter referred to as the “Tool”) is an
innovative B2B/ Press & Media distribution tool tailored to enable You to
deliver and distribute the Content to press and media contacts’ for their
further use.These Terms and Conditions set out the rules which apply to Your use
of the Tool (referred to herein as “You”, “Your” or “Yours”).1.3 Acceptance of
Our Terms: By accessing or using the Tool, You agree to be bound by these Terms
and Conditions. In addition, certain additional rules are specific to individual
Services, such as Our Privacy Policy, and shall be deemed incorporated into the
Terms and Conditions (together with any other schedules, appendices or exhibits
incorporated by reference and links in these Terms and Conditions, collectively
referred to herein as “Terms”).1.4 Changes to Our Terms: We reserve the right to
review and revise Our Terms from time to time. You will be notified in due time
of such changes and You will be deemed to have accepted any such changes if We
do not receive a written objection in legally due time or if You use the Tool
subsequently to the posting of Our revised Terms.2. Access2.1 Registration and
Account: The Tool may only be accessed and used by commercial media supply
service providers, including media agencies, freelancers, etc., (hereinafter
collectively referred to as the “Agency”), to be selected by Us in Our sole
discretion. In order to access and use the Tool, You must: (a) be an employee of
or otherwise work for an Agency selected by Us, (b) be aged 18 years or over;
(c) have accepted Our Terms; (d) have provided Us with complete and accurate
information for the registration; and (e) have received a registration
confirmation for the Website from Us via email (the “Account”). You may only
register one Account for the use of the Tool.2.2 Username and Password: By
registering with Us You warrant that the information given for Your Account
(together with any other information which You may from time to time provide to
Us, whether as part of the registration process or otherwise) is complete, true,
accurate and not misleading in any way. You are responsible for notifying Us of
any changes to such information in order to ensure that it remains up-to-date.
You must keep Your Username and Password details secure at all times. You are
responsible for all activity that occurs on Your Account, whether implied or
expressly authorized by You or not. You must immediately notify Us of any
unauthorized use on Your Account. You may be liable for losses incurred by Us or
any other user of or visitor to the Tool due to someone else using Your
Account.3. Use of the Tool3.1 General: The Tool provides You with the
possibility to create and send emails from the Tool to Contacts for the purpose
of announcing, promoting, reporting and informing about past and future Events
(referred to herein as “Email(s)”). More precisely, the Tool provides You with
the possibility to select (i) certain Event-related Content about which You want
to inform Your Contacts in your Email(s), and (ii) the specific Contacts to
which You want to send Your Email(s).These Emails will then enable the Contacts
(as recipients of these Emails) to access and use the Content relating to the
Events as available on the Website in accordance with the separate terms and
conditions for the Website.3.2 Contacts: For Your Emails pursuant to the
foregoing Section 3.1, You may use the Contacts which are already
contained/stored in the Tool as original Red Bull Contacts (hereinafter referred
to as “RB Contacts”).Furthermore, You may upload/import also single or all of
Your own press and media Contacts (hereinafter referred to as “Agency Contacts”;
RB Contacts and Agency Contacts hereinafter collectively referred to as the
“Contacts”) into the Tool and select these as recipient(s) of Your Emails
pursuant to the foregoing Section 3.1. By uploading/importing any Agency
Contacts into the Tool, You grant us the non-exclusive right to use Your Agency
Contacts in connection with the Tool (including for analytics pursuant to
Section 3.3) without any further restriction. Where You have uploaded / imported
any Agency Contacts into the Tool, You warrant that you have done so in
compliance with the applicable data protection legislation and will not cause Us
to be in breach of such legislation. You also warrant that you will provide
assistance to enable Us to comply with Our obligations under the applicable data
protection legislation. Furthermore, when You upload / import any Agency
Contacts into the Tool, You warrant that You will have provided such Agency
Contacts with a copy of, or informed the Agency Contacts where they can find,
Our . You agree to fully indemnify and hold Us and other third party media
agencies (who may also use the Tool) harmless in respect of all liabilities,
damages, claims, actions, expenses, demands or costs (including any legal fees
in relation to such claim or damages) incurred by Us and other third party media
agencies (who may also use the Tool) arising from Your violation of this
warranty. Furthermore, if You become aware that any of Your Agency Contacts no
longer wishes to receive Emails from Us, You and/or from other third party media
agencies (who may also use the Tool), You shall inform us immediately
thereof.You shall refrain from deleting any Contacts from the Tool. Furthermore,
You shall refrain from copying, extracting and/or exporting of any of the RB
Contacts (and any Agency Contacts from other third party media agencies) from
the Tool and You shall refrain from using the RB Contacts (and any Agency
Contacts from other third party media agencies) for any purpose other than as
foreseen by the Terms.Irrespective of the foregoing, We are entitled to
blacklist, deactivate and delete any Contact from the Tool at any time for no
reason.3.3 Analytics: The Tool provides also the functionality to analyze the
dispatch of the Emails to the Contacts. It tracks and stores (i)
information/data on which Contacts have received, opened, clicked, bounced and
unsubscribed within a particular distribution of Emails; (ii) information/data
on the engagement of Contacts with Content contained within a particular
distribution on the Red Bull Content Pool, more precisely whether and when they
have (direct-) downloaded, (direct-) embedded, (direct-) licensed or (direct-)
shared this Content; as well as (iii) information/data as otherwise informed.
This information/data will be used for the improvement of our Website and
Content.You may have the possibility to access and view these analytics data
only for the sole purpose of analyzing Your Emails which You sent to Your
Contacts. However, You shall refrain from copying, deleting, extracting and/or
exporting of any of the analytics data from the Tool and You shall refrain from
using the analytics data for any purpose other than as foreseen by the Terms.3.4
No Content upload: Even if the Tool may provide the functionality to upload
Content, You shall refrain from uploading any content, data, documents and/or
any other material of any kind (except for upload of Agency Contacts in
accordance with Section 3.2 above) on the Tool without explicitly written prior
consent by Us (Email sufficient).3.5 Restricted Use of the Tool: You are not
permitted to use the Tool for any purpose other as set out in these Terms. In
particular, You are not permitted to use the Tool for the purpose of advertising
or for the purpose of displaying information in connection with any commercial
activities, services or products, except as expressly provided in these Terms or
otherwise agreed to by Us in writing.3.6 No Assignment: These Terms, Your access
to the Tool and any rights and licenses granted hereunder are strictly personal
and may not be transferred or assigned by You to any third party without Our
express prior written consent.3.7 Modifications to the Tool: We reserve the
right to review, revise, modify, improve or discontinue the Tool from time to
time, without giving You prior notice. Access to the Tool may therefore be
suspended temporarily or permanently and without notice in the case of system
failure, maintenance, review or repair, or for reasons beyond Our reasonable
control. We shall not be liable if, for any reason, the Tool is unavailable. You
are aware that We may cease the provision of the Tool at any time. In any event
We shall not be obliged to provide maintenance or support services.4. Copyright,
trademarks and other intellectual property rightsThe Tool, including all text,
logos, trademarks, graphics, artwork, data and software is protected by
copyright, moral rights, registered designs, patents, trademarks, service marks,
brands, design rights, semiconductor rights, database rights, trade secrets,
rights of confidence and other similar rights (“IPR”). All IPR subsisting in the
Tool is – unless stated otherwise in these Terms - either owned by Us or
licensed to Us. All rights remain reserved to Us or, if provided by a third
party, to such third party. You may not reproduce, copy, post, republish,
broadcast, record, transmit or edit the Tool or part(s) thereof without Our
express prior written consent or as otherwise stated herein, nor do or attempt
to do anything which infringes Our IPR or any IPR licensed to Us or owned by a
third party.5. Breach, Indemnity5.1 Breach of Terms: We reserve the right to
suspend, restrict or terminate Your access to the Tool, Your Account and/or this
contractual relationship at any time, without notice and at Our discretion,
where You are or We reasonably suspect that You may be in breach of these Terms,
or where Your use of the Tool may be causing damage to stems or other technical
installations.We may, at Our discretion, monitor or record Your access to the
Tool, Your Account, the Tool used by You, i.e. for the purposes of ensuring
compliance with these Terms or usage research and controlling. We reserve the
right to edit or delete any and all material or data (including contacts, names,
addresses, etc.) which We reasonably consider to be in breach of these Terms
and/or of applicable law.5.2 Indemnity: You agree to fully indemnify and hold
Us, Our affiliates, officers, directors, shareholders, employees and agents
harmless in respect of all liabilities, damages, claims, actions, expenses,
demands or costs (including any legal fees in relation to such claim or damages)
incurred by Us arising from, or in connection with, Your use of the Tool,
including any breach or suspected breach of these Terms or Your violation of any
law or infringement of third party rights.6. Disclaimer and Limitation of
Liability6.1 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 Tool or
towards the non-infringement of industrial or intellectual property or any other
rights of third parties or the fitness of the Tool for a particular purpose. Any
decisions or action taken by You on the basis or in relation to the Tool,
Website and/or Content are at Your sole discretion and risk.6.2 You acknowledge
and agree that You access and use the Tool at Your own risk on an “as is” and
“as available” basis and that We are not liable for any errors of the Tool
(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), nor any damages related
thereto.6.3 We do not warrant that the Tool will be error-free or uninterrupted
or that defects will be corrected. We reserve the right at any time and without
notice to remove the Tool for whatever reason, or to interrupt the operation of
the Tool as may be necessary to perform routine or non-routine maintenance,
error correction or other changes.6.4 Subject to paragraph 6.6 below, You agree
that We, Our and Our affiliates’ employees, directors, distributors, licensors
and agents shall not be liable, whether such liability arises in contract, tort
(including without limitation negligence) or otherwise, for any (i) loss of
business, opportunity, use, profit, anticipated profit, contracts, revenue,
goodwill or anticipated savings or (ii) loss of data or use of data, whether
direct, indirect, consequential or special and whether arising in connection
with the use of or attempt to use the Tool, the inability to use these items,
interruption or termination of Our provision of the Tool and even if We have
been advised of the possibility of such damages occurring.6.5 In any event, to
the fullest extent permitted by applicable law, We shall not be liable for any
damage or loss, whether direct or indirect, that You may suffer as a result of a
failure by Us to operate the Tool for any reason, including but not limited to
access delays or interruptions, data non-delivery or misdelivery, failure to
deliver and/or operate the Tool due to server failure or any event of force
majeure including without limitation, acts of God, war or terrorism, breaches of
security or unauthorized use of personal data arising from hacking and/or
failure or lack of reception of networks. The exclusion 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.6.6 Nothing in these Terms 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.7. Termination and Suspension7.1 You
may cancel Your Account at any time upon written notice. If You wish to cancel,
or have any information deleted, which You have provided as part of Your Account
creation, please email Us at .7.2 You agree that We may, in Our sole discretion,
without the need to give reasons and without prior notice, suspend or terminate
Your Account and/or access to and/or use of the Tool in its entirety or in part
upon written notice, if We determine or have reasonable grounds to suspect that
You have breached these Terms.7.3 All disclaimers, indemnities and exclusions in
these Terms shall survive the termination of these Terms.7.4 In any case of
termination and/or other expiration of this contractual relationship, We and
other third party media agencies (who may also use the Tool) remain entitled to
use Your Agency Contacts which You have uploaded/imported into the Tool, in
connection with the Tool (including storing Your Agency Contacts in the Tool,
Sending of Emails to Your Agency Contacts and analytics pursuant to Section 3.3)
without any further restriction in perpetuity.8. SeveranceEach provision of
these Terms shall be constructed separately and independently. The effectiveness
of these Terms shall not be impaired if any provision of these Terms 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 with
a valid provision that best embodies the intent of these Terms, so that these
Terms remain in full force and effect.9. Governing Law and JurisdictionThese
Terms shall be governed by and construed in accordance with Austrian law. All
disputes arising out of or in connection with these Terms, including any
questions regarding its existence, validity or termination, shall exclusively be
settled by the court responsible for commercial matters in Vienna, Austria in
accordance with the law in force in Austria, without reference to its conflicts
of law provisions. The application of the United Nations Convention on Contracts
for the International Sale of Goods of April 11, 1980, shall be excluded.© 2024
Red Bull Media House GmbH