English

Terms and Conditions

General Terms of Use 

 

1. Subject Matter of the Terms of Use 

1.1. These General Terms of Use (“Terms of Use”) govern the use of the free2play computer game “Red Bull Air Race – The Game” (“Air Race” or “the Game”) by Wingracers Sports Games GmbH & Co. Erste Productions KG, Akilindastr. 42, 82166 Gräfelfing, Germany (“Wingracers”). The game is a massive multiplayer online game for the PC platform.

1.2. Wingracers offers the use of Air Race to consumers exclusively for private purposes. Use of Air Race for commercial purposes is expressly prohibited. Exceptions shall require the exclusive advance written consent of Wingracers.

1.3. Access and basic use of Air Race are free of charge; in addition, cosmetic game content and special functions may be purchased for a fee. These special functions are purely of a cosmetic nature and do not create any advantage for users in the game in the sense of an improved performance. Unless expressly provided otherwise in these Terms of Use, they apply both to the free and paid use of Air Race. With regard to the paid acquisition of virtual additional game content or special functions, the Special Terms of Use shall apply in addition to paid services by Wingracers. These Special Terms of Use may be found at www.redbullairracethegame.com .

1.4. Wingracers shall be entitled to interrupt the operation and availability of Air Race on mandatory technical grounds or as a result of necessary maintenance work without any advance notice. Temporary restrictions may also result from technical difficulties such as interruptions in telecommunications, electricity supply, hardware and software errors, technical problems with service providers, or other technical issues. Wingracers makes no guarantee of accessibility or availability of the services provided by Wingracers. In all other cases, advance notice shall be provided with an appropriate warning period as far as circumstances allow.

1.5. Air Race may only be used in the version as amended from time to time.

1.6. Users must ensure that the software and hardware they are using is up-to-date and suitable for the use of Air Race.

1.7. Information about Air Race, the rules, and other provisions about the process of the game can be found at www.redbullairracethegame.com . These are supplementary to these Terms of Use. 

 

2. Registration and Conclusion of Agreements 

2.1. In order to be able to play Air Race, users must be registered. There shall be no claim to registration, however. 

2.2. The user account that is created when registering will be tied to a natural person and is non-transferable. The registration must be performed personally rather than by a third party. 

2.3. Use and registration for Air Race is permitted from the age of 12. Minors may only use Air Race with appropriate consent from their legal representatives and the user has reached the minimum age stated in the relevant age category. 

2.4. Users must enter a player name when registering and enter a personally registered email address. Users shall have no claim to a certain player name. Such player name rather depends on various circumstances, such as the availability of the name or general rules of communication. Users will participate in Air Race and the associated communications channels under the player name they receive. The player name may above all not infringe any third-party rights, other statutory provisions, or common decency. Users are expressly responsible to comply with this provision. In addition, no email or Internet address may be selected as a player name. 

2.5. When registering, users warrant and represent that they are providing exclusively true and correct information. In addition, users undertake to keep the information entered upon registration up-to-date at all times. Where necessary for the performance of the use agreement, Wingracers shall be entitled to request appropriate proof of identity from users, which will be deleted without undue delay after inspection. 

2.6. Users shall also select a sufficiently secure password when registering. 

2.7. When completing the registration, users are submitting an offer to enter into a use agreement governed by these Terms of Use. The offer shall be deemed accepted at the time of the approval of the user account by Wingracers. The approval of the user account may depend on validation of the email address by the user (opt-in procedure). 

2.8. ? Wingracers reserves the right to put into place technical requirements that mean user accounts may be used at the same time for various services provided by Wingracers.

 

3. General Obligations of Users 

3.1. Access Data 

3.1.1. Users shall be obligated to keep their personal access data strictly confidential. The personal access data of users are the data used to authenticate users and provide access to user accounts (“Access Data”). In particular, users shall be obligated to use their access data exclusively for the purposes of Air Race and to protect any such data from unauthorized access by third parties. The password shall be changed at regular intervals. 

3.1.2. If a user suspects that a third party has or could have gained unauthorized access to access data, the user is to notify Wingracers thereof without undue delay and to change the data or have it changed by Wingracers. In such event or if there are signs of misuse of access data, Wingracers shall also be entitled to temporarily block user access. Users shall be approved again for use as soon as any suspicion of misuse of the data has been removed. 

3.1.3. Under no circumstances shall users be authorized to use the access data of another user. 

3.2. Use of Air Race 

3.2.1. Air Race contains content (data, images, text, graphics, music, sounds, sound sequences, videos, programs, software codes, and other service offerings provided for download) that are protected by trademark, copyright, and in other ways in favor of Wingracers or third parties (“Content”). Unless expressly authorized by Wingracers, users shall not be entitled to adapt, reproduce, distribute, communicate to the public, use in a promotional manner, or use Air Race or content made available through Air Race in a commercial way or in any way that exceeds the contractually agreed purpose. The only reproduction that is permitted is technically required duplication for the purposes of use of Air Race in accordance with the provisions. Copyright notices and trademarks may not be changed and may not be suppressed or removed. 

3.2.2. Users undertake not to take any measures that put at risk or interrupt the functioning of Air Race. They may not access any data, which users are not entitled to access. 

3.3. Client Software 

3.3.1. Wingracers grants users a non-exclusive right to the use of Air Race, which shall be limited to the duration of the use agreement. Such right shall include the right to install and use the client software offered by Wingracers. Users shall only be permitted to reproduce the client software where necessary for use of the software in accordance with the agreement. Any form of commercial use of the software is prohibited. 

3.3.2. Changing the client software or decompiling the program code into other code forms and any other kind of reverse engineering of the various production stages of the software are prohibited.

 

4. Sponsoring and Special Offers for the Acquisition of Virtual Currency 

4.1. In order to be able to participate in the game, users must decide on a "sponsor" (cooperation partners of Wingracers). In order to do so, they may be directed to the sponsor's page and must spend at least a few seconds on that page. Users shall not be obligated to perform any other actions, such as participation in competitions or registration for a newsletter as part of a sponsor selection. Currently, Users must renew their sponsor selection every seven days in order to be able to continue playing. Wingracers reserves the right to alter this period from time to time. 

4.2. In addition to acquiring supplementary game content for a fee, users may also receive special game content and special functions by means of certain activities, in particular participation in competitions, or other measures that may be altered at the sole discretion of Wingracers (“Special Offers”). By doing so, users will receive "wings" that may then be exchanged for such special game content. The value of the wings obtained by users in each special offer depends on the terms and conditions of participation on which the relevant special offer is based, which will be displayed to users prior to participation in special offers and will also be made available for download. As part of the special offers, users may be redirected to the platforms of third-party providers. The relevant special offer and the awarding of wings will then be performed only by the relevant cooperation partner. The legal arrangements for the site and the relevant terms of participation in this case shall be subject to the control of and will fall within the legal area of responsibility of the relevant partner. 

4.3. Users acknowledge and agree that by selecting a sponsor, they will be acting as an ambassador for the brand with regard to other users and viewers. In this respect, users shall have no claim whatsoever against Wingracers or the brand in question or the cooperation partners of Wingracers in question to any compensation in the form of a monetary payment. 

4.4. Wingracers may make the gameplay, in particular competitions, available to a general, public, and unlimited audience via streaming and other distribution services (including in the form of live transmissions). Such transmissions may be distributed and otherwise commercially exploited. Wingracers may also involve cooperation partners in this process. Users therefore acknowledge and agree that by participating in the game and in special offers, they will be appearing under the corresponding brand publicly and not only with regard to the other players. 

4.5. For the purposes of publication and distribution of the game contents, as well as for the special offers, users irrevocably assign any and all rights of use and other rights to the protection of services to Wingracers for free commercial exploitation of the game and the special offers exclusively and perpetually. Wingracers shall also be free to sublicense any such rights for commercial purposes. In this connection, users also permit the use or stating of their user names/team names and biographical data about themselves, which is publicly known or that they have provided to Wingracers. Wingracers shall not be obligated to state player names as part of the (commercial) exploitation of the game or the special offers. 

4.6. Finally, users acknowledge and agree that it is part of the game's business model to include advertising in the game content and that the advertising partners pay a fee to Wingracers for such service.

5. Special Obligations of the User

5.1. Users shall be prohibited from manipulating Air Race. Users shall not be entitled to use measures, mechanisms, or software that may interfere with the functioning and progress of the game. Users may not take any measures that create an unreasonable or excessive burden on the technical capacities of the game. 

5.2. Users also acknowledge and agree that the graphic interface design of the game is of essential significance to the functioning of the game and Wingracers 's business model. Users warrant and represent that they will not block, overwrite or modify the content generated by Wingracers or otherwise intervene in a way that interferes with Air Race. Users who appear for a real brand in accordance with Article 4 hereof must also conduct themselves such that their appearance, statements, and conduct within the game does not lead to any degradation and/or denigration of the brand in question; in particular, users shall be obligated to use their best efforts to maintain and increase the sportsmanlike competitive nature of the game. 

5.3. Users shall also be prohibited from accessing and using the game with other programs except the client software provided by Wingracers. This includes in particular "bots” and any other tools that are intended to replace or supplement the interface. Scripts and programs that give users an advantage over other players are also prohibited. This includes functions that are automated processes controlled by machines that have not been arranged by the user. 

Under no circumstances users may: 

a) use or create cheats, mods, hacks and/or software that alter the game experience of Air Race, 

b) use software that enables data mining or intercepts or connects information connected to Air Race, 

c) purchase or sell for real means of payment, or exchange digital content from Air Race in exchange from third parties, or attempt any such actions unless permitted in individual cases. 

This also includes any activities whose effects are comparable with the effects of the aforementioned prohibited actions. 

5.4. All rights to the virtual content and functions used in Air Race and provided for a fee outside of use within these Terms of Use are held exclusively by Wingracers. 

5.5. Users may not intervene without permission in the gameplay in ways that interfere with the entertainment of the game or free competition. This includes in particular: 

a) intentional causing of an interruption/malfunction in order to influence the game; 

b) deliberate use of programming errors in order to create an advantage for oneself in a targeted manner (“exploiting”); 

c) unfair conduct of any kind, for example deceiving other users; 

d) concealed cooperation with another user such that unknowing users who are not aware thereof are placed at a disadvantage and therefore are deprived of their fair chances in the game; 

e) knowingly and intentionally, repeatedly independently canceling games without valid excuse. 

In case of any violation, the instructions of Wingracers or its representatives are to be complied with.

 

6. Communication in Air Race 

6.1. Wingracers may provide users with various means of communication for their own content and contributions, which users may use where available. There shall be no claim to the provision of such communication options. 

6.2. Users shall be prohibited from publishing or distributing content within these communications options (e.g., images, videos, links, names, text, words) that 

a) breaches applicable law or are immoral; 

b) infringes trademarks, patents, copyrights, other protective rights, business secrets, or other third-party rights; 

c) is obscene, racist, glorifies violence, is pornographic, a risk to minors, or may otherwise pose a risk to or impair the development of children or minors; 

d) is libelous, harassing, defamatory in nature or otherwise violating personal rights; 

e) is considered unwanted by other users and is sent repeatedly despite an objection by the recipient (“spam”); 

f) serves the purpose of collecting, storing, or using personal data of users without the relevant express consent, in particular for commercial purposes; 

g) contains chain letters, surveys, or pyramid schemes; 

h) wrongly gives the impression that it has been provided or supported by Wingracers; 

i) handles personal data of third parties without their express consent; 

j) is commercial, in particular of an obvious or disguised promotional nature. 

6.3. In addition, users shall be obligated to select appropriate wording and to maintain civilized communication with other users and not to distribute any political or religious content, or any content including sexual references. 

6.4. Wingracers does expressly not appropriate the content created by users. Users, however, shall grant Wingracers the permanent, irrevocable, and non-exclusive right to use of the content and contributions that they create during the game. Wingracers hereby advises users that at most on a random basis but not complete active monitoring of the content shall be performed. In addition, each user shall have the opportunity to report suspected illegal content to Wingracers. Wingracers shall then react without undue delay and edit or delete reported content where necessary.

 

7. Breaching of Obligations 

7.1. Users are to remove content about which a complaint has been made to Wingracers without undue delay in case of doubt. ? Wingracers expressly reserves the right to remove any such content itself. 

7.2. Notwithstanding any and all other statutory and contractual rights, in particular the right to termination for good cause in accordance with Article 9.2 hereof, Wingracers may at its sole discretion take one or several of the following measures if there are factual signs that a user has breached these Terms of Use or the applicable supplementary terms and conditions, unless the user is not responsible for such breach: 

a) altering or deleting content, 

b) warning of a user, 

c) public disclosure of misconduct in Air Race, stating the player's name, 

d) temporary blocking of a user account, and 

e) exclusion of a user with effect for the future. 

7.3. Fees paid or acquired game content shall not be refunded.

 

8. Liability  

8.1. The liability of Wingracers, irrespective of the legal grounds, whether arising from the breach of contractual obligations or out of tort, shall be determined exclusively in accordance with the following rules. 

8.2. Where Wingracers provides the relevant product or service, with respect to which the liability case occurs, free of charge, Wingracers shall only be liable in case of intent and gross negligence. 

8.3. In case of paid products or services, the liability of Wingracers shall be limited to intent or gross negligence except in cases of injury to body, life, or health . In such events, Wingracers shall have unlimited liability. In cases of slight negligence, Wingracers shall, however, only be liable for the culpable breach of material contractual obligations, such as delay or inability to perform the service. The liability in case of breach of such material contractual obligation shall be limited to the typical damage that was foreseeable for Wingracers at the time of the conclusion of the agreement based on the circumstances. “Material contractual obligations” for the purposes of this clause shall be such obligations whose fulfillment is material for the performance of this agreement and on which you can rely on to be fulfilled. 

8.4. Wingracers shall not be liable for interruptions in the network for which Wingracers is not responsible. 

8.5. Wingracers shall only be liable based on the aforementioned provisions for the loss of data where such loss of data could not have been avoided by means of appropriate security measures on the part of the user. 

8.6. The aforementioned liability limitations shall not apply in cases where Wingracers assumes a guarantee, in case of injury to body, life, or health, and in the case of damage in accordance with the German Product Liability Act.

 

9. Data Protection 

The protection of your data and your privacy is very important to Wingracers. Information on how we collect, use, and if applicable pass on your personal data can be found in our Privacy Statement at www.redbullairracethegame.com/privacy-policy.

 

10. Termination of the Contractual Relationship 

10.1. The agreement on the use of Air Race is entered into for an unlimited duration, unless expressly provided otherwise. The agreement may be terminated by either party with a notice period of two weeks, unless a limited term was agreed. 

10.2. Each party shall be entitled to terminate the agreement for good cause without any notice period. Good cause will be considered to exist if 

a) the collection of payment fails, in particular in case of repetition, 

b) the user breaches the law, provisions of these Terms of Use in a more than insignificant manner, unless the user is not responsible for the breach. 

10.3. Any termination must be given in writing to be effective. Termination by email is considered written form. 

10.4. Wingracers shall be entitled to delete the account after a long period of inactivity on the part of the user. Inactivity shall be considered not logging in with the stored player name and password. Wingracers shall send the user in question a warning of the pending deletion by email and shall grant an appropriate period of time for the respective activity. In addition, Wingracers shall be entitled to delete user accounts at its sole discretion after the end of the agreement.

 

11. Final Provisions

11.1. The law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on the Sale of International Goods. Where at the time of the conclusion of the respective agreement (registration, acquisition of paid services), the user as a consumer is resident in another country in the European Union, the application of mandatory statutory provisions of such country shall remain unaffected by the choice of law in sentence 1 hereinabove. 

11.2. Wingracers reserves the right to alter these Terms of Use. Wingracers shall notify users of the altered terms and conditions at least 30 days before they come into effect. It shall also notify users of the intended application of such new Terms of Use, as well as the right of users to object to the application of such Terms of Use. If users do not object to the application of the new Terms of Use within such period or where users use content from Air Race after the alternative Terms of Use have come into effect, the new Terms of Use shall be considered accepted. ? Wingracers shall notify users of the significance of the 30-day notice period, the right to object, and the legal consequences of failure to reply in an appropriate form. 

11.3. Each provision of these Terms of Use is to be interpreted separately and independently. Where a provision of these Terms of Use is invalid in whole or in part or is unenforceable, the effectiveness of the remaining Terms of Use shall remain unaffected. In such event, the relevant provision shall simply be restricted or deleted to the extent absolutely necessary and shall be replaced by a valid provision most closely resembling the purpose and intent of these Terms of Use such that the remainder of the Terms of Use shall remain unaffected and remain in full force and effect. 

11.4. Any declarations, objections, or complaints are to be sent in writing to: 

Wingracers Sports Games GmbH & Co. Erste Productions KG 
Akilindastr. 42, 
82166 Gräfelfing, Germany 

or by email to 

[email protected] 

11.5. The language of the agreement is German. Where copies of the agreement or parts thereof are drafted in other languages, in case of areas that are unclear or in case of any deviations, the German version shall apply.