1. General
1.1 Information about the FC Red Bull Salzburg Digital Asset Management Platform
The FC Red Bull Salzburg Digital Asset Management Plattform (the "Platform") is operated by FC Red Bull Salzburg GmbH, a company under Austrian law with its registered office at Stadionstraße 2/3, 5071 Wals bei Salzburg, Austria. It is a media asset management platform of FC Red Bull Salzburg ("RBS", "We", "Us", "Our") and presents the world of FC Red Bull Salzburg. The platform is the global B2B self-service media and news platform that allows media, press, journalists, and business partners (e.g., marketing agencies) ("You", "Your", "Yours" or "User") to access, view, review, and use high-quality content.
1.2 Scope
These terms and conditions ("Terms") apply to the platform and its content, including all information, materials, and media, particularly texts, data, photos, footage, pure audio content, recordings, videos, and other moving and non-moving images, as well as material created or contributed by us (individually and collectively the "Content") and made available to users. By accessing the platform or using services or content, you agree to these terms. If you do not agree to these terms, you may not use the platform, content, or services. If you have any questions or comments about the platform, content, or related services, you can contact us at office@redbullsalzburg.at.
1.3 Privacy Policy
Please refer to our Privacy Policy for information on how we collect, use, and disclose personal data.
1.4 Changes to Our Terms
We reserve the right to revise and amend these terms from time to time without giving reasons. We will inform you of these changes in a timely manner, e.g., by notifying you at your next login. The changes are deemed accepted by you if you use the platform, content, or services or if you do not object in writing (i.e., at least by email) within 30 days of the first notification. We will inform you separately in advance about the possibility of objection, the deadline, and the consequences of your inactivity. In the event of your objection, both we and you are entitled to terminate this cooperation with immediate effect.
2. Access
2.1 Registration and Account
To access certain features of the platform, particularly the licensing of content from us, you must be registered. Registration as a user is only permitted if you are at least 18 years old. You are required to provide accurate and complete information. Registration is done through RBS after receiving the required information. As a media representative, you can request registration via media@redbullsalzburg.at. We will send you a registration confirmation with the access data for the platform by email (the "Account"). We are entitled to reject the registration of individual users without giving reasons. Only one account can be registered for you on the platform. Certain content or services may be made accessible or inaccessible to certain users, e.g., by setting different access levels that distinguish between certain user groups at our sole discretion.
2.2 Username and Password
The login data for your account is intended solely for your personal use and should be kept confidential and secure. You are not permitted to share your access data with third parties so that they can use the account through your login or otherwise disclose your login data. You are required to inform us immediately if you become aware of any unauthorized use, disclosure, and/or misuse of your access information or account and/or suspect it.
3. Intellectual Property Rights
All content and services on our platforms, including content and services provided by you or third parties, i.e., in particular all texts, logos, trademarks, graphics, artworks, sounds, music, and software (including access software) are protected by copyrights, personality rights, registered designs, patents, trademarks, service marks, design rights, database rights, trade secrets, trust rights, and other similar rights ("IPR"). In the relationship between you and RBS, all intellectual property rights in and to the platforms as well as the content and services are owned by RBS. All rights not expressly granted in these terms are reserved by RBS. If intellectual property rights of RBS have been licensed by a third party, these rights are reserved by RBS on behalf of the respective third party. You are not permitted to reproduce, copy, publish, transmit, record, transfer, or edit the platform or the content and services in whole or in part without our express prior written consent, nor may you do or attempt to do anything that infringes the intellectual property rights in them. This also applies to the ideas and concepts underlying the platforms or content and services, insofar as they are not legally protected.
4. User Rights and Obligations
We grant you and other users the right to access the platform and use the services and content under the conditions defined here. You may download or copy content or services from the platform for use in news or for editorial purposes in the form of non-commercial viewing, copying, and sharing, provided this is technically permissible, as defined in sections 4.1 and 4.2.
Content marked with "EDITORIAL USE" may be used, edited, copied, and modified by you to the extent and in the form required for your editorial use in relation to reporting and coverage of current and past events. The license period is six (6) months from the date and including the date you downloaded the content. The full license terms can be found in sections 4.1 and 4.2.
4.1 Your Rights for "Editorial Use"
"Editorial Use" content is granted to you subject to the following license terms:
We hereby grant you the following worldwide, non-exclusive, non-transferable, non-sublicensable right free of charge:
a) to transmit the content via free TV, web TV, IPTV (excluding WRC content), and mobile TV via unencrypted terrestrial, cable, satellite, internet, mobile, cable, fiber, and other means of linear transmission to the audience; and
b) to make the content available as free or promotional video-on-demand on services and/or channels through non-linear and unencrypted electronic transmission to the audience on demand by streaming, temporary progressive download, and other non-permanent displays of the content, excluding download to the owner and any other transmission for permanent storage of the content by the audience; and
c) to edit and adapt the content through technical format and encoding; and the right to edit, adapt, use, and combine the content with other material only to the extent and in the form required for your specific communication purpose, provided that the integrity of the content is not impaired; and
d) to promote the content solely for the purpose of announcing and promoting the use of the content up to a total duration of up to thirty (30) seconds; and
e) to publish and reproduce the content in printed form indefinitely; and
f) for written and depicted quotes of the content.
To the extent that "Editorial Use" content is available on the platform, you are not permitted to make the entire duration of this content available on YouTube. However, you are permitted to provide shortened versions of editorial content, provided that the credit © FC Red Bull Salzburg is visible at all times in all editorial use content provided by you. RBS reserves the right to insist that all RBS content owned or controlled by RBS be removed if RBS believes that content is being misused. In such circumstances, the content must be removed no later than twenty-four (24) hours after the first deletion request from RBS. The foregoing rights are without prejudice to any other rights or remedies available to RBS.
4.2 Excluded Rights
All other rights not expressly licensed under this agreement are reserved by RBS. The following rights are particularly not granted unless otherwise agreed in writing:
a) No Music Rights: All rights related to music (including but not limited to synchronization and master use rights) are not licensed under news use and editorial use and are expressly excluded. You guarantee to clear and acquire all necessary rights to the music and its performance, including such rights held by collecting societies before their use and exploitation, and indemnify us from all related claims.
b) No Republishing: You are not permitted to reproduce, modify, alter, or otherwise use the platform, the entire content, and services on another computer, server, website, or other medium to publish or distribute them.
c) No Commercial Use or Distribution: You may not sell, license, or sublicense content to third parties for a fee, e.g., through distributors and/or commercial agents in various markets and distribution channels.
d) No Unlawful Use: You may not (i) cast a negative light on RBS or our activities, companies, products, or brands. In particular, you are prohibited from using content in connection with: (aa) illegal products, content, services, or materials; (bb) reporting on accidents, assaults, disasters, or riots; and/or (cc) competing products of RBS's main sponsor (especially beverages containing caffeine, taurine, or guarana); (ii) use the platform, content, or services (aa) in an unlawful, threatening, racist, defamatory, libelous, privacy-invading, vulgar, obscene, profane, pornographic, or otherwise offensive manner or in violation of applicable law; and/or (bb) for publishing, linking, issuing, or displaying material containing viruses, Trojan horses, or other harmful codes or scripts; or (iii) encourage conduct that constitutes a criminal offense, gives rise to civil liability, or otherwise violates a law.
4.3 Credits:
a) Videos: You must provide a credit next to the content or in the production credits as follows: ©
b) Photos: You must provide a credit accompanying the content on the platform, e.g., "[Name of Photographer]/FC Red Bull Salzburg"
4.4 Additional Obligations as a User
a) Infringement of Third-Party Rights: In the event that you become aware of an actual or alleged infringement of third-party rights by content or a service, you must: (i) notify us immediately in writing and in detail and cease using the affected content or service; (ii) not make any acknowledgment of liability; (iii) leave us sole control over any claims; (iv) provide us with any assistance we may request in relation to the infringement, including best efforts to minimize the negative impact of the infringement; and (v) cease using the content or service.
b) Notification and Sample: Upon our request, you will provide us with a notification of your use with details of where the content or service used by you can be found and provide us with the following: A sample of the final version in electronic form by email to the following email address: office@redbullsalzburg.at.
4.5 Indemnification
You agree to indemnify us, our affiliates, officers, directors, shareholders, employees, and agents in respect of all liabilities, damages, claims, actions, expenses, demands, or costs (including all legal fees in respect of such claims or damages) incurred by us arising out of or in connection with (i) your use of the platform, content, or services outside the scope of these terms, (ii) a breach or alleged breach of these terms by you, or (iii) your violation of laws or infringement of third-party rights.
4.6 Delivery & Quality Check
You may download content for "news use" or "editorial use" or retrieve services from the platform during the term of the rights granted by us. You agree to inspect the delivered content and service immediately after each delivery and in any case before using them in any way (including but not limited to editing purposes), and if you do not notify us in writing within five (5) business days of receipt of each delivery, the delivered content or service will be deemed accepted.
5. Disclaimer and Limitation of Liability
5.1 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 by applicable law) regarding the accuracy, quality, processing, timeliness (including with respect to delivery), functionality, merchantability, availability, or completeness of the platform, services, content, or with respect to the non-infringement of industrial or intellectual property rights or other third-party rights or the suitability of the content for a particular purpose. All decisions or actions you take based on or in connection with the information, content, or services provided on or through the platform are at your sole discretion and at your own risk. You must be aware that all actions, activities, and/or information displayed or provided on or through the platform are carried out by trained and experienced professionals, and it is your responsibility to take precautions and use your common sense when using the platform, content, or services.
5.2 You acknowledge and agree that you access and use the platform, content, and services at your own risk and on an "as is" and "as available" basis, and that we are not liable for errors or omissions in the content, service, availability, or delivery (including without limitation, whether caused by interruption, deletion, delay in operation, transmission, communication line failure, errors, omissions, or computer viruses, Trojan horses, or other harmful codes or scripts) or for any associated damages.
5.3 We do not warrant that the platform, content, or services will operate error-free or uninterrupted or that defects will be corrected. We reserve the right to remove or interrupt the operation of the platform, content, or services (or parts thereof) at any time and without notice for any reason, including to perform routine or non-routine maintenance, error corrections, or other changes.
5.4 We sometimes provide hyperlinks and/or advertisements to other websites that are not owned or controlled by us. We accept no responsibility or liability for material provided by or contained on third-party websites linked to our platform. We are also not responsible for third-party websites, and you visit such websites at your own risk.
5.5 Subject to sections 5.7 and 5.8 below, you agree that we, our employees, directors, distributors, licensors, and agents, whether such liability arises from contract, tort (including without limitation negligence), or otherwise, are not liable for (i) loss of business, opportunities, use, profit, expected profits, contracts, revenue, goodwill, or expected savings, or (ii) loss of data or use of data, whether direct, indirect, consequential, or special damages, and whether arising in connection with the use or attempted use of the platform, content, or services, inability to use these items, interruption or termination of our provision of the platform, content, or services, and even if we have been advised of the possibility of such damages.
5.6 In any event, to the extent permitted by applicable law, we are not liable for direct or indirect damages or losses you suffer as a result of our failure to deliver content or services for any reason, including but not limited to access delays or interruptions, non-delivery or incorrect delivery of data, non-delivery of content or services due to server failure or force majeure, including but not limited to acts of God, war or terrorism, security breaches, or unauthorized use of personal data due to hacking and/or failure or lack of reception of networks. The exclusion set out in this section also applies if the loss or damage you suffer was foreseeable by us or should have been foreseeable and/or you informed us of the risk of suffering the relevant loss or damage.
5.7 Nothing in these terms limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other type of liability that cannot be limited or excluded by applicable law.
5.8 These terms do not affect any statutory rights you may have as a consumer.
6 Termination and Suspension
6.1 You may terminate the account at any time in writing. If you wish to terminate, please send us an email at office@redbullsalzburg.at.
6.2 You agree that we, at our sole discretion, without giving reasons and without prior notice, may suspend or terminate your account and/or access to the platform, content, or services in whole or in part by written notice if we determine or have reasonable suspicion that you have violated these terms.
6.3 All disclaimers, indemnities, and exclusions in these terms shall survive termination of these terms.
7 General Provisions
7.1 Assignment
These terms and all rights and licenses granted hereunder may not be transferred or assigned by you without our express prior written consent. We may assign these terms and all rights and licenses granted hereunder without consent or notice to an affiliate.
7.2 Severability Clause
Each provision of these terms shall be construed 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.
7.3 Applicable Law and Jurisdiction
These terms are governed by and construed in accordance with Austrian law. For all disputes arising out of or in connection with these terms, including any questions about their existence, validity, or termination, the competent court in Salzburg, Austria, shall have jurisdiction under Austrian law, excluding the conflict of laws rules. The application of the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980, is excluded.
Version: 27.02.2025