(1) The following Terms and Conditions of Use of Daimler AG (“PROVIDER”) apply to use of the web-based platform She’s Mercedes Lounge (hereinafter “PLATFORM”) at www.lounge.mercedes.me. The She’s Mercedes Lounge is an exclusive, by invitation-only community which connects active women and provides a place where women can get into contact and exchange ideas openly, share experiences in a spirit of trust, and learn from one another.
(2) The platform visitor must register to use the PLATFORM as a “USER” and open a USER ACCOUNT”. The USER must have full legal capacity and be of age (define?). By registering, the USER agrees to these Terms and Conditions of Use.
(3) The PLATFORM will initially be rolled out in a pilot phase for selected USERS in Germany. After the end of the pilot phase the USERS may have to re-register and accept the Terms and Conditions of Use of the PLATFORM anew which are valid at the time.
(4) The USER has no legal right to use the PLATFORM including its applications and contents. The provision of the PLATFORM, its applications and its possible uses are subject to the express proviso (is this a technical term?) that the PROVIDER is entitled at any time to amend, add to, delete, and/or shut down the entire site permanently or temporarily without prior announcement. The PROVIDER may reserve certain areas and functions of the PLATFORM for selected USERS.
(5) The PROVIDER will strive to prevent technical errors and disturbances. At the same time, the PROVIDER cannot guarantee that the PLATFORM is fully available and accessible at all times. The PROVIDER reserves the right to suspend or restrict access to the PLATFORM, in full or in part, including downtime for repairs and maintenance work to be carried out or for new services and functions to be introduced.
(6) The PROVIDER reserves the right to amend these Terms and Conditions of Use with prospective effect. If it does so, the PROVIDER will inform the USER of the changes in advance and point out that USERs will be deemed to have agreed to the changes if they do not object to them within 30 days, or as soon as they use the PLATFORM again. The respective current 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.
(1) To register for the PLATFORM it is required to enter the form of address, first and last name of the USER (“REGISTRATION NAME”), the active personal email address as well as other data (specify?!) into the electronic registration form. All entered data must be true, current, and must be kept up-to-date. The USER can create a REGISTRATION NAME at her discretion – in accordance with applicable laws and accepted standards of common decency. Multiple registrations of the same USER under different names and the transfer of the USER ACCOUNT are prohibited.
(2) During the registration, the USER will be asked to create a password for her USER ACCOUNT. The password must be kept secret in order to protect the USER ACCOUNT against access by third parties. The USER must inform the PROVIDER without undue delay via firstname.lastname@example.org if her USER ACCOUNT has been used without authorization or if such unauthorized use is suspected. USERs are responsible for all activities carried out using their USER ACCOUNT.
(3) The registration of a USER ACCOUNT takes place when the USER sends the electronic registration form with accompanying consent of these Terms and Conditions of Use and the PROVIDER confirms the registration. Legal declarations (e.g. notification of changes to these Terms and Conditions of Use) will be sent to the USER via her Mercedes-Benz email address.
(1) The USER can delete her USER ACCOUNT at any time without disclosing the reasons.
(2) The PROVIDER is entitled, at its own discretion, to delete the password, the USER ACCOUNT (or parts and/or certain content thereof) and – in full or in part – USER POSTS by the USER, or to terminate any other use of the PLATFORM by the USER. This applies in particular if the PROVIDER can assume that the USER has violated these Terms and Conditions of Use. The PROVIDER can decide at its discretion whether to delete the USER ACCOUNT (or parts and/or certain content thereof) as well as USER POSTS.
(1) The use of the PLATFORM as such is free of charge (by whom?).
(2) 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 shall be borne by the USER and will be based on the charges levied by the respective provider.
(1) 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, which offends accepted standards of 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.
(2) The USER is additionally obligated to observe the “Guide for Comments and Posts” (www. lounge.mercedes.me/shes-de/meta).
(3) 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. Furthermore, the USER must refrain from any action that could directly or indirectly disrupt the use of the PLATFORM. This applies mutatis mutandis for services which facilitate unauthorized access to the PLATFORM by third parties, in particular for malware, trojans, etc. 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 storage is necessary for the running of an application program. Likewise, any data and content called up via the PLATFORM may not be systematically collected and/or used by the USER 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.
(4) The USER is not allowed to modify, overwrite, copy, or distribute sections of the PLATFORM made available by the PROVIDER or by other USERS, particularly if this involves circumventing technical protection measures.
(5) The USER is expressly prohibited to use services made available via the platform and/or provide USER POSTS for commercial purposes of any nature (e.g. to imitate, sell, lease, use, or offer for one’s own or third party advertising purposes).
(1) The responsibility for all USER POSTS which are saved, posted or shared in connection with use of the PLATFORM lies solely and unreservedly with the person who made the content available on the PLATFORM.
(2) There is no entitlement to have content published.
(3) The USER hereby represents and warrants that she has all necessary rights to all USER POSTS provided by her on the PLATFORM as well as the posted content from her USER ACCOUNT on the PLATFORM, in particular the user name and profile picture, as well as that she has the unlimited rights of use to the above and is not contravening the rights of any third parties. If claims are nevertheless asserted due to a breach of a third-party right, the USER will indemnify the PROVIDER in respect of all such claims.
(4) 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 in relation to the PLATFORM.
(5) The USER shall grant the PROVIDER of the PLATFORM the gratuitous, assignable, sub-licensable, non-exclusive rights of use, unlimited in time or place, in particular the right to reproduce, disseminate, edit and publish the USER POSTS provided by her on the PLATFORM – in any “work” – as well as the content of her USER ACCOUNT published on the PLATFORM, in particular the user name and profile picture, to the extent legally possible. The USER waives her right to copyright the photographic and audio material.
(6) When a USER ACCOUNT is deleted, the following data associated with the account is not deleted, unless otherwise specified: votes, ratings, comments, news, information, software, sound files, images, photos, charts, videos or other materials and interactions, which are posted or written by the USER on the PLATFORM prior to this time (USER POSTS’), as well as data, which the PROVIDER is legally required or entitled to keep. After the end of the pilot phase, this data will continue to be available on the PLATFORM. Once the user account has been deleted, the PROVIDER reserves the right to anonymize any User Posts posted or written by the USER on the platform before that time.
(1) The PROVIDER collects, processes, and uses the personal data of the USER in accordance with these Terms and Conditions of Use for the provision of the PLATFORM and its functions and to the extent the USERS consent to further processing and use of such data.
(2) Storage, back-ups and encryption of data of any kind are not included in the service related to the provision of 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.
(1) Regardless of fault, the USER will indemnify the PROVIDER in respect of all claims, costs, damages, and losses (including the costs of reasonable legal proceedings), which are asserted by third parties against the PROVIDER in connection with a violation of legal provisions, third-party rights, and/or these Terms and Conditions of Use by the USER.
(2) The PROVIDER is liable in accordance with the legal regulations for any damages caused by the PROVIDER by intent or gross negligence. In cases of simple negligence, the PROVIDER will be liable only for breaches of material contractual duties and only for foreseeable and typical damages. Material contractual duties are contractual duties, which are required to be fulfilled for the appropriate performance of the contract, upon the fulfillment of which the USER must be able to rely on a regular basis. Limitations of liability do not apply to any guarantees provided, for non-accidental injury to life, limb or health, or to claims under the Germany Product Liability Act (Produkthaftungsgesetz).
(3) The information provided and the statements made by the PROVIDER on the PLATFORM do not constitute any assurance or warranty, either express or implied (explicitely or implicitly?). In particular such information is not an implied promise or warranty in respect of quality, marketability, fitness for any particular purpose, or the non-infringement of laws and patents.
(4) The PROVIDER hereby declares that the PROVIDER does not have any influence on the content posted by USERS on the PLATFORM. The PROVIDER therefore accepts no liability for the accuracy, completeness or quality of the content and information provided there, nor guarantees that it is up to date. This applies in particular if the USER POSTS contain links to websites of external third parties. Against this background, the PROVIDER shall not under any circumstances make any content or information from USER POSTS its own. If a USER relies on the content and information from USER POSTS, this shall be at the USER’s own risk.
(5) All text, images, graphics, sound files, video files and animation files of the PROVIDER used on the PLATFORM, and their arrangements, are subject to copyright and other laws for the protection of intellectual property. The PROVIDER reserves all rights in this regard.
(1) Should one or more of the aforementioned provisions be or become ineffective, the effectiveness of the other provisions will not be affected. Any omissions should be filled according to the presumed will of the contracting partners.
(2) 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 does not apply.
(3) Stuttgart is the place of performance and jurisdiction if the user is a business, a legal entity under public law, or a special fund under public law. Mandatory statutory jurisdiction shall remain unaffected.
70327 Stuttgart, Germany
Tel: +49 (0)711 17 0
represented by the Board of Management:
Dieter Zetsche (Chairman), Martin Daum, Renata Jungo Brüngger, Ola Källenius, Wilfried Porth, Britta Seeger, Hubertus Troska, Bodo Uebber
Chairman of the Supervisory Board:
Commercial Register at the Stuttgart Local Court, No. HRB 19360 VAT Registration No.: DE 81 25 26 315