Terms of use and license agreement

of the 22.06.2010

In order for you to be able to upload your photo into the Red Bull Air Race g-force App and to morph it, a few conditions have to be met:

• You have to be at least 18 years old or have the consent of your legal guardians (usually your parents).

• You have to own all of the rights to the photo. This means that only you are in the picture and that you either took it yourself or the photographer has granted you all of the rights to the photo so that you are free to do whatever you want with it.

If the photo meets these conditions, you may upload it. By uploading the photo, you agree to these terms of use and the license agreement. If anything should subsequently change, for example if you no longer wish to be shown or the photographer has withdrawn his or her consent, you can have the image deleted. If you want your photo deleted, send a mail from your e-mail address to gforce@redbull.de requesting this and including your name and address and the full link to your photo.

If you want to upload a photo into the Red Bull Air Race g-force App, you need to grant us, i.e. Red Bull Deutschland GmbH, a few licensing rights to the photo in its original and its morphed form so that you are able to morph the photo in the first place and so we can present the photo on our website and so our partners can use the photos when reporting about the Red Bull Air Race g-force App. However, we do not require exclusive license rights for this, so you will still have unrestricted use of the photo.

By accepting these terms of use and the licensing agreement you grant us, Red Bull Deutschland GmbH, Osterwaldstrasse 10, 80805 Munich, the right, unrestricted in terms of time and location, to do the following with the photo (original and morphed), free of any charge and free of any license fees:

• to upload it into and store it in databases, documentation systems or similar (e.g. server computers)

• to transmit, transfer and broadcast electronically or in similar fashion the works and photos thus stored for the purpose of viewing, streaming and downloading to the computers of third parties (including podcasts, video on demand, push and pull services, as well as mobile Internet, TV and mobile TV, both analogue and digital, terrestrial and via satellite)

• to publish and publicly reproduce the works and photos

• to reproduce the works and photos, for example in order to re-store them when a new upload server is installed, and to copy them e.g. to DVD, Blu-ray and memory sticks

• to edit the works and photos while maintaining the author’s moral right and to combine them with other works and photos

• to use the works for advertising purposes

This includes the right that we may grant sub-licenses to it, in particular but not only so that other Red Bull companies are able to use the photo and report about the Red Bull Air Race g-force App.

If the photo should infringe upon the rights of third parties, you agree to indemnify us, the companies associated with us, our employees and our vicarious agents against all claims and any resulting costs and damages and to assume responsibility on your own. Accordingly you guarantee that the photo is free from the rights of third parties to the extent mentioned above and depicts you only and no one else.

Taking artistic freedom into account, your uploads may not include any content which supports or approves of racism, fanaticism, hate or physical violence of any kind against any group or individual or the sexual or violent exploitation of persons. They may also not contain any content that infringes upon the rights of third parties, in particular their brands, copyrights or ancillary copyrights and personal rights, or which disparages other individuals or organizations in an inappropriate manner. We are entitled to delete uploads, in particular but not only, for these reasons.

We will make every effort to ensure that the Red Bull Air Race g-force App operates properly. However, we are unable to guarantee that our offer will meet every expected requirement and will be available at all times and without interruption, in a timely manner, secure and free from error. We also assume no responsibility concerning results that might possibly be achieved by using this offer or concerning the accuracy and reliability of the information contained in the website.

These terms of use and the license agreement are subject to German law.

Should any provision in this agreement be or become ineffective, the validity of the remaining provisions shall remain unaffected. The ineffective provision shall be replaced by a provision that is closest to its intended economic purpose and enables this to be achieved in a legally permissible manner. The same applies if this agreement contains a loophole the parties to the agreement would have closed had they been aware of it.