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 Daimler AG ('PROVIDER') apply to the use of the Mercedes-Benz meWorld web-based platform, which can be accessed via https://meworld.mercedes-benz.com and Daimler AG's Mercedes me Portal at me.secure.mercedes-benz.com. By using this platform, customers can gain personalized access to topics relating to Mercedes-Benz and other integrated applications.

 

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').

 

'My Guide' is one of the applications available on the PLATFORM. This application allows the USER to view, select and download routes and POIs that have been created by the PROVIDER. The routes and POI files are designed for the Mercedes-Benz COMAND 4.5 and 5.0. navigation systems. Usability with other systems cannot be guaranteed. In addition, USERS can manually add images to their profiles either from one of their social media accounts or from their own data storage media. Furthermore, USERS can add images and like or share images from other users. These activities will also be visible on social media channels.

 

By registering, the USER agrees to these Terms and Conditions of Use.

The PROVIDER reserves the right to amend the Terms and Conditions of Use with prospective effect. In this event, the PROVIDER will inform the USER of the changes in advance and point out that the USER will be deemed to have agreed to the changes if he/she does not object to them within 30 days, or as soon as he/she uses 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.

 

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.

 

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, Login, Contractual Declarations

Registration is possible using a social media account (Facebook, Google+, Instagram, Twitter). USERs are at liberty to choose which and how many of the available social networks to register on and link their user account to, provided that they choose at least one means of access.

 

Once registered, the USER can log in using the 'Login via Facebook Connect' button. If the USER is already registered on the social network, the authentication information is copied from the social network and no further action is necessary. The USER must be aware when using the registration or login function on a social network that the provider of that social network will be able to see that the USER has registered on the PLATFORM and that individual login processes have been carried out. Further information on this can be found in the data protection guidelines of the social network provider concerned. The PROVIDER accepts no responsibility for the functionality or the potential evaluation of data by third party websites.

 

If the USER previously granted the PLATFORM access to certain data on his or her profile on the respective social network, this data will be used if the USER makes content available on the PLATFORM (e.g. if photos are added to a route). The data that will be used specifically includes general and publicly accessible data such as the user name, profile pictures, publicly accessible pictures that are linked with a corresponding hashtag, as well as 'Likes'. The corresponding hashtags can be taken from the description of the relevant products and services within me World. The link between the PLATFORM and the social network can be managed via the respective data protection and account settings on the social network. The PROVIDER accepts no responsibility for the functionality of third party websites.

 

The USER grants the PROVIDER access to his/her connected social media accounts depending on his/her privacy settings on the social network concerned (Facebook, Google+, Instagram, Twitter). The USER bears sole responsibility for the privacy settings on his/her social networks. In addition to granting access to general and public profile information, the USER allows the PROVIDER to analyze his/her 'Likes' and, in particular, to access all publicly available images that are marked with a hashtag related to the PLATFORM.

 

After the profile information has been analyzed using an automated process, a user profile is created for the PLATFORM based on the information from the respective social network and the publicly accessible images.

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.

The USER must not misuse the access authorization granted to him/her (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.

Please note that contractual declarations (e.g. confirmation message, amendments to Terms and Conditions of Use) can be sent to you by email.

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. The USER must take all the necessary precautions to keep his/her password secret and immediately inform the PROVIDER at cac_socialmedia_dialogue@daimler.com if there is reason to believe that his or her account has been accessed by an unauthorized party.

Central Daimler Access Service

If the PROVIDER's central access service for the PLATFORM is available, registration can be carried out here instead. In this case, the USER's registration data (first name, last name and email address) are used to create a user account for the access service. The following conditions apply for the PROVIDER's access service:

 

1.             Daimler AG's central access service enables you to create a single user account with which you can log in to all websites and applications of the Daimler Group and its brands that are offered through this service. A user account and a password provides you with personalized access to the relevant websites and applications.

2.             Daimler AG uses the data provided at the time of registration solely for the purpose of providing the central access service. If you log in to a connected website or application using this user account, the responsible department at the Daimler Group that offers this website or application will get access to your registration data there. You can also set up a special user account for a connected website or application. In this case, two separate registrations will be created.

3.             In order to protect your user account, you must select a password that meets the following requirements:

  • Minimum length of 8 characters
  • Fulfills at least three of the following criteria:
    • Contains upper case letters
    • Contains lower case letters
    • Contains at least one number
    • Contains at least one special character

Do not use a password that consists only of one or several dictionary words or numbers. Do not share your password with anyone and change it regularly. You can change your password at any time using your user account settings. You are responsible for the safe use of your password. Daimler AG accepts no liability for the consequences of failing to comply with these password rules.

4.             Your user name is the email address you gave at the time of registration. All the necessary information for using your user account will be sent to this email address. You can specify a different email address as a user name at any time using the settings on your user account.

5.             This access service gives you the option of using an existing user account on a social network for registration and login. When registering, your data from the social network can be used to automatically complete your registration form. This happens only if you previously granted the Daimler AG access service access to certain data on your profile on the social network. The access service copies the data from the registration window of the social network and your identification number on the social network. After completing the registration, you can simplify the login process by clicking on the 'Login via social network' button. If you are already registered on the social network, the authentication information is copied from the social network and no further action is necessary. Please note that when using the registration or login function on a social network that the provider of that social network will be able to see that you have registered on the PLATFORM and that individual login processes have been carried out. You can find further information on this in the data protection guidelines of the social network provider concerned. Daimler AG accepts no responsibility for the functionality or the potential evaluation of data by third party websites.

6.             You can delete your user account at any time. Please note: once the user account is deleted, the personalized use of associated websites and applications is no longer possible.

Termination, Suspension of User Account

The USER can delete his or her 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 the USER 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 the PROVIDER is legally obliged or entitled to store. 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.

The PROVIDER is entitled, at its own discretion, to delete the password, the user account (or parts of it and/or certain content within it) and any User Posts by the USER, or to terminate any other use of the platform by the USER.

This applies in particular if the USER has not used the platform for an extended period (more than two years) or if the PROVIDER can assume that the USER has violated these Terms and Conditions of Use.

Deleting the user account also deletes the link to the respective social network. Images which are linked to the user account will be deleted only if they were explicitly assigned to this user account. It is possible to delete these images at any time, either by changing the privacy setting of the social network concerned or by unassigning them.

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).

If the USER fails to comply, the PROVIDER reserves the right not to publish user posts (or parts of them or certain content within them) or to delete them altogether. The PROVIDER is also entitled to delete the 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 action 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.

The USER is not allowed to modify, overwrite, copy or distribute sections of the platform made available by the PROVIDER 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.

The USER is 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 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.

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, free of charge, the transferable, sub-licensable and non-exclusive usage rights, unlimited in terms of time and place, in particular to reproduce, process, disseminate and publicly communicate user posts – to any 'work' – made available by him or her on the platform as well as to the content posted on the platform from his or her user account, in particular the user name and profile picture, as far as legally possible. The USER waives the right to protect his or her visual or audio material with a copyright.

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.

Data Protection

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.

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 the PROVIDER assumes 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 these routes. 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.