1. Who these general terms and conditions of use apply to
We at FC Red Bull Salzburg GmbH, as defined in this website’s imprint (hereinafter “FC Red Bull Salzburg GmbH” or “we”), want to provide you, our customers, fans and community with our products, content and services through our websites and apps (hereinafter “Platforms”) at all times and to continue developing and designing them together with you However, every cooperation needs a clear set of ground rules in order to guide how we interact with each other and to define core values. With these general terms and conditions of use, we want to set out the framework for the relationship between you and us as far as our content and services are concerned and, by doing so, create a common basis for how we interact with each other (hereinafter the “Rules”).
2. Scope of application
These general terms and conditions of use apply to the use of all of our content and services (hereinafter “Content”) that we provide for you through our Platforms. This use includes any and all utilisation of the content by you and starts when you visit and browse our websites and apps and continues through sign-ups for events, newsletters or similar offers and the downloading and streaming of our Content and ultimately also covers the registration and creation of user accounts, for example on the fan portal.
3. Your obligation as a user
Good social interaction and successful co-operation require defined forms of acceptable behaviour and Rules of conduct. We make our Content available to you as a private individual for your private use. This means in particular that this Content may not be used by you for commercial or other gainful purposes. Social interaction is furthermore based on the self-evident understanding that you comply with the applicable laws, do not infringe our rights or the rights of third parties and use the Content that is provided exclusively for the intended purpose and do not destroy/damage or otherwise exploit it.
Furthermore, it is our firm conviction that mutual respect and consideration are a basic prerequisite. In this regard, you undertake when using our Content to refrain from any and all hate speech, defamatory statements or other Contents that are likely to cast us or someone else in a bad light.
To ensure that everything runs smoothly, each party is responsible for the Contents that are within their control. You therefore ensure that all the information you provide to us is correct, complete and up to date at all time during our cooperation..
4. Termination this cooperation
If we determine that things are not working between you and us, in particular, if you violate any of these Rules, we reserve the right to terminate this cooperation at any time.
5. Contents and services of FC Red Bull Salzburg GmbH
5.1 All rights in the Content of FC Red Bull Salzburg GmbH are reserved.
All Content on our Platforms, including the Contents and services provided by you or third parties, e.g. in particular all texts, logos, trade marks, graphics, artworks, sounds, music and software (including the access software), are protected by copyrights, rights of publicity, utility models, patents, trade marks, service marks, design rights, database rights, trade secrets, rights to confidentiality and other similar rights (intellectual property rights, “IPR”). All rights in the intellectual property that is provided on the Platforms and in their Content either is owned by us or has been licensed to us. We reserve all rights or, if it is provided by a third party, the third party reserves all rights in the intellectual property (and even if such Content or service is not explicitly marked as legally protected or registered, this does not mean that we or third parties waive applicable intellectual property rights in full or in part in respect of such Content or service). You may not reproduce, copy, post, republish, send, record, transfer or edit any Contents or materials or parts thereof without our express prior written consent, and you may not do or attempt anything that infringes our rights in the intellectual property or any intellectual property licensed to us or owned by third parties. This shall also apply to ideas and concepts on which the Platforms or the Content are based even if they are not protected by intellectual property rights.
5.2 User licence to use our Platforms and Content
So that you can enjoy unrestricted use of our Platforms when visiting them despite our comprehensive rights, you receive from us, purely for your private use, a simple user licence for the use of our Content. We grant you this user licence so that you can use our offer as a private individual at home and also when you are out.
This specifically means that this user licence does not cover any more extensive use in the context of your commercial business ideas or any other commercial activities or any reproduction, modification or utilisation. You may also not transfer this user licence to third parties.
We may occasionally give you the opportunity to embed certain elements that are contained in the platform or in the Content in the Platforms of third-party providers under the terms and conditions of licence included herein. If you make use of this opportunity, you may not modify, build on or block the Content or parts thereof or its functions, including links that lead to our Platforms. You also consent that we have the right as a result of any embedding of this kind to place cookies, display advertising and collect information (tracking).
You therefore undertake, before the Content is provided, to obtain the consent of the user for this kind of application (especially within the framework of our privacy policy[JE1] ). Should the user not grant their consent, you may not provide the Content and you shall inform the user of the possibility of viewing the Content (without cookies) on our Platforms. You must in any event comply with the applicable (data protection) laws and these general terms and conditions of use.
5.3 Third-party Content
Our Platforms may utilize or incorporate digital Contents or services of third-party providers (“Third-Party Content”). You acknowledge and agree that your right to use third-party Contents or services of this kind may be subject to additional provisions and terms and conditions of the third party that offers these services. If you do not agree to these additional terms and conditions, you may not use the relevant Contents or services of third parties.
6. Fan portal account
In order to enjoy access to or to use certain account-related functions of the website, we offer you the option of a “single sign-on” process for specific FC Red Bull Salzburg GmbH services. The following terms and conditions of use as currently amended (SSO terms and conditions of use) govern the contractual relationship for the use of the single sign-on service (SSO) and the related services for the single sign-on process.
6.1. Contractual partner, scope
The contractual partner, provider and operator of this single sign-on service is FC Red Bull Salzburg GmbH, Stadionstraße 2/3, A - 5071 Wals bei Salzburg, Austria (hereinafter “we” or “us”).
6.2. Our single sign-on service, participating Platforms
6.2.1 Our single sign-on service enables you to register a single time on one of the participating Platforms (as these are defined in section 6.2.2. below) and subsequently log on to all participating Platforms using the same log-in details and without having to go through a new registration and log-in procedure every time. After you have successfully registered, you can log on to every participating platform using your log-in details. In addition, if you have already logged in to one of the participating Platforms, you can then use all other participating Platforms immediately without having to go through additional log-in procedures (unless other information is required in order to use the platform in question). You thus receive a single identity that enables you to be identified and verified by the participating Platforms.
6.2.2 The participating Platforms are exclusively websites and apps that are operated by FC Red Bull Salzburg GmbH. Each of the participating Platforms may have their own terms and conditions of use, which are published on the platform in question, and which can apply to the respective Contents of the participating Platforms independently of these SSO terms and conditions of use.
6.2.3 You can also visit the participating Platforms without having to register or log in. Registering or logging in using the single sign-on service may be necessary, however, if you want to use certain special services and functions of the participating platform in question.
6.2.4 Our single sign-on service is free to use.
6.3. Registration, licence agreement
6.3.1 You have to register in order to use our single sign-on service. You may register as a user only if you are at least 16 years old. You must provide correct and complete information here. If an applicable legal system requires the consent of a parent or guardian, you herewith confirm that such consent has been given. You can set up only one (1) My RBS Account. It is also possible to register using certain social networks that are available, such as Facebook and Google.
6.3.2 The log-in details are intended exclusively for your personal use and must therefore always be kept secure and never disclosed to any other person. You are not authorised to share your log-in details with third parties so that they can use the single sign-on service or otherwise disclose this. You must inform us without undue delay if you become aware of or have reason to suspect any unauthorised use, disclosure and/or misuse of your log-in details or of your user account.
6.3.3 When you register for this single sign-on service, our confirmation e-mail to you after you have submitted the registration form constitutes our offer to enter into a contract for this single sign-on service under these SSO terms and conditions of use (hereinafter referred to as the “licence agreement”). The licence agreement is entered into only when you receive the confirmation e-mail, set a password and complete the process by clicking “Register”.
6.3.4 We are entitled to reject individual users without specifying our reasons for doing so.
6.3.5 By registering, you guarantee that the data you have transmitted in relation to your My RBS Account (as well as any other information you have provided) is in all respects complete, true, correct and not misleading. Changes relating to your details should be updated immediately in your account.
6.4. Blocking the My RBS Account
Without prejudice to section 6.5, we are entitled to block and/or restrict your access to your account or to the single sign-on service at any time (temporarily or permanently) without prior notice and at our discretion in due consideration of the relevant interests in the individual case.
6.5. Termination of the licence agreement
6.5.1 The licence agreement is entered into for an indefinite period of time. Both you and we are entitled to terminate the licence agreement in the standard way at any time without notice – e.g. to delete your account – and we can terminate the licence agreement by giving reasonable notice in a written declaration. The right to terminate the licence agreement for good cause is not affected by this.
6.5.2 All limitations of liability and exemption regulations continue to apply also after the license agreement has been terminated.
6.5.3 We have the right to terminate the licence agreement without notice especially for good cause if you break basic Rules or repeatedly breach these SSO terms and conditions of use and/or the terms and conditions of a participating platform. This is the case in particular if you have provided false information when or after registering and/or log-in details (especially the password) have been disclosed or passed on in breach of these SSO terms and conditions of use. In this event, you will be permitted to re-register only with our prior written consent.
6.6. Amendments to the SSO terms and conditions of use
6.6.1 We reserve the right to revise or amend these SSO terms and conditions of use from time to time without specifying the reasons for this. We will you inform you of changes of this kind with reasonable advance notice, for example by notifying you accordingly the next time that you log in using our single sign-on service. The amendments are deemed to have been accepted by you if you do not raise any objection to them within 30 days of the first written notification.
We will advise you of the possibility of raising an objection, the period in which this can be done and the consequences if you do not act when the amendments are announced.
6.6.2 If you object, both we and you are entitled to terminate the licence agreement with immediate effect.
6.7. Exemption from liability
You shall fully indemnify and hold harmless us, our affiliated companies, employees and authorised representatives in respect of all liabilities, damages, claims, legal actions, expenses, charges or costs (including the costs of legal advice and legal disputes) that you incur as a result of or in connection with (i) your use of our single sign-on services, (ii) the data that you have provided and (iii) actual or alleged breaches or infringements of these SSO terms and conditions of use.
6.8. Limitation of liability of FC Red Bull Salzburg GmbH
6.8.1 Unless otherwise stipulated in these SSO terms and conditions of use, we are liable for any breach of contractual or non-contractual obligations in accordance with the statutory regulations.
6.8.2 We are liable for all damage, whatever the legal grounds on which this may have been incurred and where the liability for legal representatives or vicarious agents is also included, in the case of wilful intent or gross negligence. In the event of ordinary negligence, we are liable only
(a) for damage to life, limb or health,
(b) for damage on account of the breach of a material contractual obligation (an obligation that has to be fulfilled in the first place to enable the proper performance of the contract and where the contractual partner normally relies and can rely on the obligation being fulfilled); in this event, however, our liability is limited to the compensation of foreseeable damage that is normally incurred.
6.8.3 The limitations of liability that result from the subsection above do not apply if we fraudulently conceal a defect or have provided a guarantee for the quality of the goods. This also applies to your claims pursuant to the Product Liability Act.
6.8.4 Without prejudice to the above regulations, our liability for defects, malfunctions or delays in connection with the access to the single sign-on service or its operation is excluded.
6.9. Data protection
The protection or your personal data in connection with all of the services we offer is very important to us. You can find our privacy policy[JE2] here.
Furthermore, the general privacy policies of each participating platform additionally apply; these policies can be viewed on the respective website.
6.10 Severability clause
Each provision of these SSO terms and conditions of use shall be interpreted separately and independently. If a provision of these SSO terms and conditions of use is invalid or unenforceable in full or in part, this shall not affect the validity of the rest of these SSO terms and conditions of use.
6.11 Applicable law, place of jurisdiction
All contracts entered into with us are governed by Austrian law; the principles of conflict of laws in private international law as well as all international and supranational legal systems, in particular the United Nations Convention on Contracts for the International Sale of Goods (CISG) of 11 April 1980, shall not apply.
All disputes arising from or in connection with the single sign-on service and these SSO terms and conditions of use, including all issues relating to the existence, validity or termination of these SSO terms and conditions of use, shall be adjudicated by the competent court for commercial matters in Salzburg.
7. User generated Content
7.1 What we mean by “user generated Content”
You additionally have the opportunity on our Platforms to take part in the community and our offer through your personal contributions, for example by posting comments, news, texts, illustrations, data, files, images, graphics, photos, sounds, music, videos, information, Contents and/or other materials as well as by liking, sharing and rating Content. All of the Contents you contribute for the intended purpose through these functions that we provide are summarised in the following as “User Generated Content” or “UGC”.
7.2 Unrestricted licence to your UGC for FC Red Bull Salzburg GmbH purposes
You or third parties may have copyrights and other intellectual property rights in your UGC. To the extent that you contribute to our Platforms in the form of UGC, at the time of participation you grant us a worldwide, unrestricted, irrevocable, non-expiring license free of charge that is transferable to third parties to use your UGC in its full scope and extent by all means and in all media and to create derivative works as well as to adapt, digitize, dub and otherwise exploit your UGC. In particular, this license also includes use of UGC in advertisements and promotional campaigns and is in no case limited to the Platform on which the UGC was provided by you. You agree that you have no right or claim any fees or additional consideration for our use of the UGC.
Finally, you grant other users permission to access and to use, reproduce, like and share your UGC, to create derivative works, to display it publicly, to perform it publicly, to transfer and to publish it in so far as this is allowed by the functions of our services and by these terms and conditions of use.
7.3 Viewing and removing UGC
We have the right, but not the obligation to monitor UGC. We have the right, at our discretion and for whatever reason, to edit, refuse, remove or block access to UGC.
7.4 Your personal information and UGC
You grant us the right (but do not impose the obligation) to use your biographical information, including but not limited to your name, picture, voice, biography, likeness and geographical location, in connection with the broadcasting, printing or online or other use or publication of the UCG in accordance with the licence contained herein.
7.5 General conditions for UGC
Some general conditions are required so that we can enable your participation in the form of your UGC. You therefore state, guarantee and undertake that your UGC in no event: (i) presents FC Red Bull Salzburg GmbH or our activities, business or brands in a negative light. Specifically, you are prohibited from using the following Contents in connection with your UGC: (a) illegal products, Contents, services or materials; and/or (b) deals with accidents, assaults, disasters or riots; (ii) is unlawful, threatening, racist, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic or otherwise objectionable or otherwise breaches applicable law; (iii) promotes behaviour that would constitute a criminal offence, establish grounds for civil liability or otherwise break the law; (iv) is an advertisement for goods or services or a request to send money; (v) enables personal information to be identified, such as communications, telephone numbers, social security numbers, account numbers, addresses or references from employers; or (v) contains viruses, Trojan horses or other malicious codes or scripts.
Moreover, any conduct that we believe, in our sole discretion, restricts or inhibits any other user from using or enjoying our Platforms or Content will not be permitted.
7.6 Guarantees and indemnification
In order to safeguard these regulations and how we interact with each other, you issue the following guarantees and waivers to us concerning your UGC:
You acknowledge and agree that you are solely responsible for the UCG that you have provided. You declare and guarantee that you are the owner of all rights in your UGC and this does not breach any rights of third parties, e.g. rights of publicity (especially a person’s own image), intellectual property rights such as trade marks, patents or copyrights or other property rights protected by law.
You further represent and warrant that all requisite rights, approvals, permissions and waivers of rights have been properly obtained from each participant, performer, moderator, contributor or other persons involved in the UCG or the related rights, services or facilities and that you are entitled to dispose of these rights at your own discretion and in the extent provided for herein.
You agree to indemnify FC Red Bull Salzburg GmbH nd hold us fully and completely harmless from any third-party claims arising in connection with the upload of your content and our use thereof for the purposes stipulated at the time of upload, as a result of your negligent or intentional violation of your above guarantees.
8. Liability
We and our employees, sponsors, licensors and representatives cannot be held liable for our free Content, whether by contract, tortious act (including but not limited to negligence) or other act or omission, irrespective of whether such liability or omission is direct, indirect, consequential or special. The exclusions described in this section also apply if the loss or damage you have suffered was or ought to have been foreseen by us and/or you drew our attention to the risk that you have suffered loss or damage. Nothing in these general terms and conditions of use limits or restricts our liability for death or personal injury resulting from our negligence, for fraud or fraudulent misrepresentation or of for any other kinds of liability that cannot be limited or excluded by applicable law or otherwise has a negative impact on legal rights to which you are entitled as a consumer.
9. Final statements and Rules
Each provision in these Rules is valid separately and independently of each other. The validity of these Rules is not affected if a provision of these Rules is invalid or unenforceable in full or in part. In this event, this provision will be limited to the minimum necessary or cancelled and replaced by a valid provision that best corresponds to the purpose of these Rules, such that these Rules remain fully in effect.
These Rules are subject to Austrian law. All disputes that arise from or in connection with these Rules, including all issues relating to their existence, validity or termination, shall be adjudicated exclusively by the competent court for commercial matters in Salzburg in accordance with the law applicable in Austria without reference to its principles of conflict of laws. The United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 shall not apply.
The original version of the Rules is in German. Any translated version is for your convenience and information only. In case of disputes the German text shall prevail.
Version: 11 April 2022