Terms of use

Scope of Application, Amendments to the Terms and Conditions of Use, Users, Scope of Services

The following Terms and Conditions of Use set out by the Mercedes-Benz Museum GmbH ('Provider') apply to the use of the Mercedes me Community web-based platform at www.mercedes.me/community and forum.mercedes-benz-clubs.com, which is also accessible via the Mercedes me Portal from Daimler AG at me.secure.mercedes-benz.com. On the platform, customers can obtain and share information on all aspects of the Mercedes-Benz brand and its products and ask specific questions. They can discuss current and future trends, and products and services with other fans, customers and employees of Mercedes-Benz and receive support on a wide range of topics. For Mercedes-Benz Club members, there is also the Club Community, where members from the 80 official brand clubs can share information.

 

By registering, you agree to these Terms and Conditions of Use.

We reserve the right to amend the Terms and Conditions of Use with prospective effect. In this event, we will inform you of the changes in advance and point out that you will be deemed to have agreed to the changes if you do not object to them within 30 days, or as soon as you use the platform again. The latest version of the Terms and Conditions of Use can be viewed by clicking on the 'Terms and Conditions of Use' link at the bottom of the platform website.

To be eligible to use the platform, visitors to the platform must have full legal capacity and be at least 18 years of age ('USER').

The PROVIDER makes the PLATFORM available for general use. Within the PLATFORM, the USER can access the PLATFORM applications. Registration is required for unlimited use of the PLATFORM and its applications. Only after registration are all functions available to the USER without restriction.

The USER has no legal entitlement either to use the PLATFORM and its applications or to the content contained therein. The provision of the PLATFORM, its applications and its possible uses are subject to the express proviso that the PROVIDER is entitled to amend, add to, delete and/or shut down the entire site permanently or temporarily without prior announcement.

In certain forums, access for some users is restricted or the option to post contributions requires advance activation by the moderator appointed by the PROVIDER. If you are interested in access to such a forum and/or activation, please send a message to the moderator concerned. Moderators decide at their own discretion whether access and/or activation can be given. There is no guarantee that access or activation will be granted. Moderators are entitled to edit, move, delete or archive posts, and to restrict or to terminate activations at any time without giving a reason.

The process of transmitting, saving, backing up and encrypting data of any kind does not form part of the services provided with relation to the PLATFORM and its applications. If the option to transmit data is used within the applications (e.g. sending emails), the data will be sent unencrypted.

Registration, Contractual Declarations

In order to register, it is first of all necessary to register on Daimler AG's Mercedes me-Portal, Facebook Connect or the Mercedes-Benz ClubCard ID, the international identity card for Mercedes-Benz brand clubs.

 

To register for the PLATFORM, you must enter your first name and last name ('login name'). Your login name is not displayed on the platform. For this, you can enter a user name of your choice – provided it complies with the law and does not offend public decency. Furthermore, it is necessary to enter your own functioning email address.

 

 

During the registration process, you will be asked to set a password for your user account. You must choose a combination of letters and numbers that is as secure as possible and you must protect your password against third-party access.

The provision of further user data is optional. If further data is provided, it must be truthful and accurate and kept up to date.

The registration process is complete once a tick has been placed in the 'I agree to the Terms and Conditions of Use' box and the 'send' button has been activated.

You must not misuse the access authorization granted to you (e.g. by forwarding access data to unauthorized third parties). Multiple registrations under different names and the transfer of the user account are also prohibited.

By registering, you hereby agree that we may contact you via email from time to time. Please note that contractual declarations (e.g. confirmation message, amendments to Terms and Conditions of Use) can be sent to you by email. You can revoke the above consents at any time with prospective effect by using the unsubscribe option in the emails or at cac_socialmedia_dialogue@daimler.com

Registered users are responsible for all activities that are carried out using their user account and also for ensuring that their account and their password remain confidential and that no unauthorized persons gain access to their account. You must take all the necessary precautions to keep your password secret and immediately inform us at cac_socialmedia_dialogue@daimler.com if there is reason to believe that your account has been accessed by an unauthorized party.

Termination, Suspension of User Account

You can delete your user account for any reason at any time. Unless otherwise specified, the resulting deletion of data does not include votes, reviews, comments, messages, information, data, software, audio files, images, photos, graphics, videos and or materials and interactions that you posted and/or wrote before this point in time on the platform, either directly or by linking with a social media account ('User Posts'), or data that we are legally obliged or entitled to store. Once your user account has been deleted, we reserve the right to anonymize any User Posts posted or written by you on the platform before that time.

We are entitled, at our own discretion, to delete your password and user account (or parts of it and/or certain content within it) and any of your User Posts, or to terminate any other use of the platform by you.

This applies in particular if you have not used the platform for an extended period (more than two years) or if we believe that you have violated these Terms and Conditions of Use or failed to observe basic principles contained in these Terms and Conditions of Use.

 

Costs

The use of the platform is free of charge.

Any costs incurred through the use of the internet (mobile or otherwise), the use of other media or telecommunications equipment or through any other technical requirements are borne by the USER and will be based on the charges levied by the respective provider.

Code of Conduct

In using the PLATFORM, the USER may not offer, circulate and/or make available – either directly or indirectly through a third party – any unlawful and/or illegal USER POSTS or other content that offends public decency. This includes, but is not limited to, statements that are pornographic or explicitly sexual, harmful to young people, extremist or racist, that glorify or play down violence, glamorize war, promote a terrorist or extremist political group, incite a criminal act and/or are defamatory. The same also applies to content that could infringe copyrights, intellectual property rights or personality rights of third parties or any other rights of third parties.

 

The USER is also obliged to observe the guidelines for comments and posts (link).

In the event of failure to comply, we reserve the right not to publish user posts (or parts of them or certain content within them) or to delete them altogether. We are also entitled to delete your user account (or parts of it or certain content within it), in particular the user name and the profile picture, and/or to block the IP address for further use of the platform.

When using the PLATFORM, the USER must refrain from any action that could potentially compromise the security of the systems and/or software of the PROVIDER or other parties. In the event of any such violations, the PROVIDER is entitled to immediately revoke access for using the PLATFORM. Furthermore, the USER must refrain from any actions that could lead to a disruption to the use of the PLATFORM. This applies mutatis mutandis for services that facilitate unauthorized access to the PLATFORM by third parties, in particular for malware, Trojans, etc. Such use of the PLATFORM will also result in access being immediately revoked.

You are not allowed to modify, overwrite, copy or distribute sections of the platform made available by us or other users, particularly if this involves circumventing technical protection measures.

Furthermore, the software applications underlying the PLATFORM may not be modified, edited, decompiled (including by means of reverse engineering), stored or otherwise copied, unless temporary storing is necessary for the running of an application program.

You are expressly prohibited to use services made available via the platform and/or provide USER POSTS for commercial purposes of whatever nature (e.g. to imitate, sell, lease, or use or offer for one's own or third party advertising purposes).

Likewise, any data and content called up via the platform may not be systematically collected and/or used by USERs for commercial purposes. Any automated use of the PLATFORM (e.g. with crawlers or other software) is prohibited.
In addition, the USER may not offer access to applications or work results derived from applications to third parties for a fee or as part of sponsored work.

Internal, confidential and top secret information does not belong on the internet.  Further information on this can be found in the Social Media Guidelines.

Responsibility

The responsibility for all user posts that are stored, published or transmitted by you or other users in connection with using the platform lies solely and unreservedly with the person who made the content available on the platform.

 

USERS do not have any entitlement to have content published.

The user gives an assurance that he or she has all necessary rights to all the user posts made available by him or her on the platform as well as the posted content from his or her user account on the platform, in particular user name and profile picture, and that he or she has the unlimited usage rights and is not contravening the rights of any third parties. If claims are made, however, because of a breach of a third-party right, the user will indemnify the PROVIDER in respect of any such claims.

The USER bears sole responsibility for all data backup, including the creation of any backup copies of USER POSTS. This also includes any software used, in particular, the operating systems and applications used on mobile handsets and other devices belonging to the USER. Data backup is likewise explicitly not included in the services provided with relation to the PLATFORM.

Copyrights

The user grants the PROVIDER of the platform  the exclusive usage rights, unlimited in terms of time and place, to user posts – to any 'work' – made available by him/her on the platform as well as content from his or her user account published on the platform, in particular the user name and profile picture, as far as legally possible.

The user herewith agrees that content from his or her user account (for example, user name, profile picture, signature), user posts that he or she has made available on the platform and the details relating to use of the PLATFORM (for example 'registered since', 'last logged in on', 'logged in on', 'currently online') can be published on the  platform by the PROVIDER.

Availability of the Platform

The PROVIDER makes every effort to prevent technical faults and disruptions. At the same time, the PROVIDER cannot guarantee that the platform is fully available and accessible at all times.

Access to the platform can also be suspended, restricted or impeded at times to allow repairs and maintenance work to be carried out or new services and functions to be introduced.

Indemnification, Liability, Warranty

Regardless of the issue of fault, the USER will indemnify the PROVIDER in respect of all claims, costs, damages, and losses (including the costs of reasonable legal proceedings) asserted by any of the social networks or third parties against the PROVIDER that arise from the USER'S violation of legal provisions, third-party rights, and/or these Terms and Conditions of Use. This applies in particular to any claims brought against the PROVIDER by one of the social networks on the basis of their Terms and Conditions of Use.

The PROVIDER is liable for loss or damage – irrespective of the legal basis – only if the PROVIDER caused such loss or damage intentionally or through gross negligence or if the PROVIDER negligently violated a material contractual obligation ('cardinal duty'). In the event that any material contractual obligations are violated, the PROVIDER'S liability will always be restricted to the damage that is typical of the type of contract concerned and foreseeable at the time the contract was entered into.

               

The PROVIDER is not liable for any loss or damage caused by the violation of non-material contractual obligations due to ordinary negligence.

 

Material contractual obligations are obligations that protect those legal rights of the USER that are essential to the contract and that the contract seeks to grant the USER, as evidenced by its content and purpose. Material contractual obligations are furthermore obligations, whose fulfillment is a prerequisite for the proper performance of the contract and on whose observance the USER has relied and ought reasonably to be able to rely.

 

The aforementioned disclaimer and limitation of liability will not apply in respect of any loss of life, bodily injury or damage to health, nor will they apply for claims arising under a quality guarantee or under the German Product Liability Act (Produkthaftungsgesetz).

The PROVIDER makes the information on the platform available without any warranty or assurance of any kind, either express or implied. All implied warranties in respect of marketability, fitness for any particular purpose or the non-infringement of laws and patents are also excluded. Although we assume that the information supplied by it is correct, it may contain mistakes or inaccuracies.

The PROVIDER accepts no liability for the routes created, their correctness and possible uses and/or restrictions. In particular, the PROVIDER is not liable for any loss or damage that occurs while traveling on the routes created. The USER assumes individual responsibility for travel on these routes.

 

The PROVIDER endeavors to continually review the content of the POIs and to keep it up to date. However, the PROVIDER assumes no liability/responsibility for the currency or correctness of this content.

Concluding Provisions

Should one or more of the aforementioned provisions be or become invalid, the validity of the other provisions will not be affected.

These Terms and Conditions of Use are governed by German law applicable to domestic transactions. The United Nations Convention on Contracts for the International Sale of Goods is excluded.

Stuttgart is the place of performance and jurisdiction if the USER is a business, a legal entity under public law, or a publicly-owned corporation. This is without prejudice to mandatory statutory jurisdictional requirements.

 

We welcome your comments, posts and views. However, please observe the following general rules:

Your comments and posts should facilitate a factual discussion. To guarantee this, the editors reserve the right not to publish, to move or to delete comments/posts (or parts of comments/posts and/or certain content) if they contravene the following general rules. Users do not have any entitlement to have content published.

We are delighted to discuss various topics with you on our blogs, forums and other interactive platforms. However, if you have questions, complaints or suggestions about your vehicle or our service, or you would like to take advantage of a service, please get in touch with us directly via the contacts on this page:

https://community.mercedes.me/en/contact

Tone and Netiquette

  • Treat other users as you would want to be treated yourself.
  • Always bear in mind that you are dealing with real people and not virtual people. Put forward factual arguments and refrain from personal attacks.
  • Insults, disparaging remarks, abusive criticisms, sexual innuendos and sexist, racist, or other such discriminating remarks are prohibited.
  • Everyone has the right to their own opinion. Therefore never try to impose your opinion on others.

The following will result in comments/posts being deleted and/or the IP address being blocked for further comments/posts:

  • Comments/posts that do not refer to the article or context being commented on. The author and the community can only respond to relevant posts.
  • The misuse of the platform as advertising space for websites or services
  • The machine-based generation of comments/posts
  • Commercial or private offering of goods and services
  • Racism or hate propaganda
  • Calls for violence against people, institutions or companies
  • Pornography
  • Comments that insult or degrade people in any way
  • Violations to the rights of third parties, in particular copyrights
  • Calls for demonstrations and rallies for political causes

Internal, confidential and top secret information does not belong on the internet. You can find further information on this in our Social Media Guidelines.

Liability Disclaimer

The views expressed in the comments/posts are solely those of the author. Mercedes-Benz Museum GmbH accepts no liability for the correctness and completeness of the content.