GENERAL TERMS AND CONDITIONS OF RED

These General Terms and Conditions (hereinafter „GTC“) govern the contractual relationship between Ringier Sports AG, Zurich (hereinafter „Ringier“), as operator of the streaming and OTT platform „RED“ (hereinafter „RED“) and the users of RED (hereinafter the „users“ and individually the „user“).

Ringier offers users the opportunity to purchase streaming offers (subscriptions or individual products) on RED.

1. Scope of application of the GTC

By using the RED service and/or purchasing subscriptions and/or individual products (hereinafter „products“), the user confirms that he has read, understood and accepts the GTC.

2. Use of RED

2.1 RED can be used with or without registration. Registration is required when purchasing a product.

2.2 Within the scope of registration, the user is requested to accept these GTC and the data protection regulations (see link). After registration, Ringier first sends an e-mail for security reasons in which the user is asked to verify the registration. Only then is the registration process completed.

2.3 The user account data and password must be treated confidentially. Access IDs or passwords must not be made accessible to third parties. Third-party access IDs or passwords may not be used. The user is responsible for all activities in connection with his user account. The user account is not transferable to another person.

2.4 Persons over the age of 18 who are resident in Switzerland may register on RED. Persons who are not yet of age may only use our services via the account of a parent or legal guardian and with their involvement. Please ensure that the relevant person reads through and agrees to these T&Cs with you before proceeding. The registration must be in the official name. The residential address given to the authorities is to be used as the address. Changes of name and/or address must be made in the personal user account or reported to info@red.sport.

2.5 Ringier is entitled to refuse registrations or to deactivate registrations that have already been made without giving reasons. In particular, Ringier reserves the right to temporarily or permanently exclude a user in the event of violations of the law, morality or these GTC. The user undertakes not to send any incorrect information (in particular also no incorrect personal data) to Ringier or using the service of RED. The user will be informed by e-mail.

2.6 The registration or the user account can be deactivated by the user at any time by sending an e-mail to info@red.sport.

3. Additional regulations

3.1 Certain digital offers from RED and digital products subject to a charge may be subject to special conditions which are expressly referred to in the corresponding offers or at the time of purchase. In the event of a contradiction between these GTC and the special conditions, the special conditions take precedence over these GTC.

3.2 Certain digital offers from Ringier and the purchase of paid digital products require registration with Ringier Connect and are subject to both these GTC and the General Terms and Conditions and data protection provisions of Ringier Connect.

4. Order and delivery

4.1 All orders are binding as soon as the user clicks the order button.

4.2 The purchased products are activated for the buyer as soon as the website goes online.

5. Payment processing

5.1 Payment for a product is made either by credit card or invoice. Monthly subscriptions can only be paid by credit card.

5.2 The User shall be in default if he does not pay on time. In the case of payment against invoice, the User undertakes to pay the invoiced amount by the due date stated on the invoice. If no such date is stated, a payment period of 30 days from the order shall apply.

5.3 After unused expiry of the payment period, Ringier may withdraw from the contract and cancel the order for the product.

5.4 Ringier reserves the right to cancel purchases due to circumstances beyond Ringier’s control (force majeure, official or court order and the like) without cost consequences for the buyer.

5.5 All prices are quoted gross in CHF (Swiss francs), including the statutory value added tax (VAT). The published price at the time of the order is decisive. Technical changes, errors, typing and printing errors are reserved. Ringier reserves the right to change prices at any time. Any additional costs (if applicable) will be shown separately in the order process and will be charged additionally. 6.

6. Cancellation and renewal of subscriptions

6.1 Annual subscriptions are automatically renewed. 30 days before the expiry of the annual subscription, the user will be informed of the automatic renewal by e-mail. Should a user wish to cancel their annual subscription, the user must actively cancel the subscription in their user account by pressing a button. Users should cancel their subscription at least one day before the next billing cycle to avoid being charged for renewal.

6.2 Cancellation of monthly subscriptions: Monthly subscriptions will renew automatically unless cancelled at the end of the paid term. There is no prior reminder. Users should cancel their subscription at least one day before the next billing cycle to avoid being charged for renewal. Cancellation of the monthly subscription can be made directly in the user account.

6.3 Both parties reserve the right to terminate without notice for good cause. Ringier is, for example, entitled to terminate without notice in the event of serious breaches by the user of the provisions of these GTC.

7. Exclusion of liability

7.1 Ringier is only liable for direct damage caused by an intentional or grossly negligent act on the part of Ringier. Ringier’s liability for direct damage in the case of slight negligence and for indirect damage (such as consequential damage or loss of profit) – irrespective of the legal grounds – is expressly excluded, subject to mandatory legal provisions. In particular, Ringier assumes no liability for misconduct and omissions of third parties.

7.2 The RED platform may be temporarily unavailable or only available to a limited extent due to maintenance work or other reasons. Ringier is not liable for the temporary unavailability of the platform, the incorrect reproduction of content, the failure of individual or all functions or for malfunctions of the platform.

7.3 Ringier accepts no liability for loss of data and for errors on the part of operators of telecommunications services, access and hosting providers, etc. or for technical failure or malware, in particular malicious software.

7.4 Ringier reserves the right to partially restrict or completely discontinue the offers/products at any time without prior notice and to adjust the offer of chargeable products. Any liability in this connection is excluded in full and user claims are excluded, in particular those for reimbursement of fees or payments already made and/or for damages.

7.5 The RED platform contains links to third-party websites. These sites are not operated or monitored by Ringier. Ringier declines any responsibility for the content and operation of linked sites or offers.

7.6 The user indemnifies Ringier as well as its bodies and employees against any legal disputes, claims for damages and other actions and claims which third parties initiate or assert in connection with an unauthorised or unlawful use of the products by the user, together with the associated legal and court costs.

8. Intellectual property rights and rights of use

8.1 Ringier is the owner and operator of RED. All trademarks, names, logos, images, designs, texts and other materials used on RED belong to Ringier Sports AG (and/or its partner companies). The (complete or partial) reproduction, transmission (electronically or by other means), modification, linking or use of these trademarks, names, logos, images, designs, texts and other materials for public or commercial purposes is prohibited without the prior written consent of Ringier.

8.2 The user is advised that all software underlying the service is the property of Ringier and/or its affiliates and is protected by law.

8.3 The products are intended exclusively for personal and non-commercial use by the user. Ringier grants the User a limited, non-exclusive and non-transferable right to access the Product upon purchase. Apart from this, no rights, titles or claims are transferred to the user. The User agrees not to use the Service for public performances.

8.4 The content available may vary by country/region.

8.5. The User may not copy, reproduce, redistribute, frame, mirror, create derivative works from, decompile, reverse engineer, modify, archive or disassemble any Products or any part thereof; or attempt to circumvent any security, performance limitation, filtering or digital rights management measures; remove or alter logos, watermarks or proprietary rights notices embedded on or in the Products without proper authorization from Ringier; transmit malicious programs, scripts or codes; transmit an unreasonable number of requests to Ringier servers; or engage in any other activity to manipulate, disrupt or damage Ringier’s services.

9. Data protection, data processing and data security

With regard to data protection, the principles of data processing and data security, reference is made to the data protection declaration, which is an integral part of these GTC.

10. General provisions

10.1 Ringier reserves the right to amend the GTC at any time. The amended GTC shall be communicated to the users in each case by notification in a suitable place on RED. Subsequent amendments to these GTC are deemed to be approved by the user if the user does not object to the new GTC within 14 days of becoming aware of the amended GTC by e-mail to info@red.sport.

10.2 Should individual provisions of the GTC be or become invalid or ineffective in whole or in part, the validity and/or effectiveness of the remaining provisions of the GTC shall remain unaffected. The invalid and/or ineffective provisions shall be replaced by provisions that come as close as possible in economic terms to the meaning and purpose of the invalid and/or ineffective provisions in a legally effective manner. The same shall apply in the event of any loopholes. 11.

11. Jurisdiction and applicable law

11.1 These GTC shall be governed by Swiss substantive law, to the exclusion of the Swiss Federal Act on Private International Law (IPRG) and the Vienna Sales Convention (CISG).

11.2 The courts of Zurich shall have exclusive jurisdiction over all disputes arising in connection with these GTC, including disputes concerning the valid conclusion, validity, interpretation, performance, breach, amendment or termination of the contractual relationship between the user and Ringier, as well as non-contractual claims raised in connection therewith, subject to mandatory places of jurisdiction.

13.10.2023

Updates

Last updated: October 1, 2023
  • Important Note
  • Issued: October 1, 2023
  • Automatic subscription renewal
  • Valid from October 13, 2023

6. Cancellation and renewal of subscriptions

6.1 Annual subscriptions are automatically renewed. 30 days before the expiry of the annual subscription, the user will be informed of the automatic renewal by e-mail. Should a user wish to cancel their annual subscription, the user must actively cancel the subscription in their user account by pressing a button. Users should cancel their subscription at least one day before the next billing cycle to avoid being charged for renewal.

6.2 Cancellation of monthly subscriptions: Monthly subscriptions will renew automatically unless cancelled at the end of the paid term. There is no prior reminder. Users should cancel their subscription at least one day before the next billing cycle to avoid being charged for renewal. Cancellation of the monthly subscription can be made directly in the user account.