Terms and Conditions of Use for the AMG Private Lounge

Preamble

The AMG Private Lounge is an exclusive platform for customers who own a Mercedes-AMG. As an official brand platform, it is designed to enable AMG customers to find out about AMG and its products, services and events, to receive exclusive information from AMG, and to exchange views. It also provides a discussion forum. The user must create a profile to use this platform. In regard to content, Mercedes-AMG is unfortunately unable to reply to all questions or comments, especially if these are future product or technology questions. Any posts submitted by administrators and hosts authorized by the Operator reflect the poster's personal opinions. These opinions do not necessarily reflect the opinions or the interests of the Operator.

The AMG Private Lounge is provided by Mercedes-AMG GmbH (Mercedes-AMG GmbH, Daimlerstrasse 1, 71563 Affalterbach, Germany, hereinafter referred to as "Operator" or “AMG”). Its use is subject to these Terms and Conditions of Use.

 

1. Scope of the Terms and Conditions of Use

(1)   These Terms and Conditions of Use apply to the AMG Private Lounge, which is available online at https://www.mercedes-amg.com/content/global/privatelounge/en.html

(2)   The respective current version of the Terms and Conditions of Use can be viewed and printed by clicking on the 'Terms and Conditions of Use' link at the bottom of the AMG Private Lounge website.

2. Conclusion of Contract, User Account, and Profile

(1)   Membership of the AMG Private Lounge is free of charge. To become an AMG Private Lounge member (hereinafter referred to as "User"), a person must be at least 18 years of age and own a Mercedes-AMG vehicle. The User has no specific legal right to use the AMG Private Lounge and its applications and contents. Only one AMG Private Lounge membership per person is permitted, and this membership is not transferable.

(2)   The completion of the online registration process and the creation of a profile constitutes the formation of a user contract with the Operator. The object of the user contract is usage of the profile at no charge. The Operator may reserve certain areas and functions of the AMG Private Lounge for selected Users.

(3)   A user account must be created before a profile can be created. This consists of a user name and a password ("Login Details"). The creation of a user account is only possible if the User submits a current email address and other details (e.g. title, first name, surname, home country). This email address is also the email address used for communication with the Operator. Since the AMG Private Lounge is an exclusive platform for Mercedes-AMG drivers, it is also possible to create a user account simply by entering a Vehicle Identification Number ("VIN"). The selected user name does not have to correspond to the real name. The use of illegal, derogatory, offensive, or trademarked names, internet addresses, and company names as user names is not permitted. Furthermore, the Operator reserves the right to decide on the suitability of the user name at its own discretion.

(4)   The User must ensure that the details used to create their profile are accurate, complete, and up to date. Should any of these details change, the User is obliged to update them promptly.

(5)   Multiple accounts are not permitted. Should a User register more than one account, all accounts will be closed. A permanently blocked User will not be allowed to re-register.

(6)   The User is asked to inform the Operator if they sell their Mercedes-AMG vehicle and to then update their profile accordingly. Users who no longer own a Mercedes-AMG are excluded from participating in events, contests, give-aways, and 'first come – first served' campaigns. If the User becomes the owner of a Mercedes-AMG again, they are entitled to participate in these activities again.

(7)   If there is any communication between the User and other users, any contractual relationships resulting from this are solely between the users involved. The Operator is neither a proxy nor a party to the contract in such instances.

 

3. Use of the Profile

(1)   When using the profile, the User can make use of various services provided by AMG. These services include e.g. information (incl. exclusive contents) provided by AMG regarding products, services, and events offered by AMG and cooperation partners, regular AMG updates, regular AMG Private Lounge newsletter, surveys, contests, ways of getting to know other AMG drivers, discussion forum.

(2)   The User does not have any entitlement regarding maintenance of the services or individual services of the AMG Private Lounge. The Operator shall make every effort to ensure trouble-free operation of the AMG Private Lounge. This is naturally limited to services on which the Operator has an influence. The Operator reserves the right to update and change the AMG Private Lounge. Furthermore, the Operator is at liberty to completely, partly, temporarily, or permanently restrict access to the AMG Private Lounge due to maintenance work, capacity issues, or other events that are not within its sphere of control.

 

4. Posting of Contents

(1)   The responsibility for all user posts that are saved, posted, or shared in connection with use of the AMG Private Lounge lies solely and unreservedly with the person who made the content available in the AMG Private Lounge.

(2)   The User does not have any entitlement to have content published.

(3)   When creating and using their own contents, the User undertakes to comply with applicable laws (e.g. criminal, competition, and youth-protection laws) and to refrain from infringing third-party rights (e.g. naming, trademark, copyright, and data-protection laws and rights). Each User is therefore responsible for the legality of the contents they provide.

Furthermore the User must ensure that, if contents to which third parties have rights are published, they have obtained express approval for the sharing of these contents within the AMG Private Lounge. 

(4)   The User assures the Operator that none of the contents posted in the AMG Private Lounge violate applicable laws or moral standards, either in their content or in their form. The same applies to the posting of external links. In particular, contents which portray, concern, or contain:

·       Racism

·       Political, religious, or otherwise contentious social issues

·       Glorification of violence and extremism in any form

·       Calls and incitement to commit crimes and contravene laws, or to make threats to life, limb, or property

·       Stirring up hatred against people or companies

·       Slander, smearing, libel, or defamation of users and third parties as well as infringements of unfair competition law

·       Contents that violate copyright or other infringements of intellectual property laws or rights

·       Sexual harassment of users or third parties

·       Pornography

·       Indecent, sexist, obscene, vulgar, disgusting, or revolting materials or phrases

      are not allowed to be circulated.

(5)   Since this is the Operator's brand platform, posts that have no relevance to the products or services of Mercedes-AMG GmbH are not permitted.

(6)   Furthermore it is an infringement of personal rights and therefore impermissible to remove the anonymity of other users or to pass on information received from other users in private messages, emails, or chats if this information is not intended for public consumption.

(7)   If Users use links in their signature, these are allowed to lead only to the Mercedes-AMG website or a non-commercial or personal website of the User that complies with these Terms and Conditions of Use.

(8)   The Operator reserves the right to change, move, or delete posts, or block access to individual content without citing a reason, e.g. if there is a suspicion that these posts violate applicable law, third-party rights, or these Terms and Conditions of Use.

(9)   Should the User learn of posts or behavior that show banned contents and thus contravene these Terms and Conditions of Use, they have to inform the Operator without delay.

 

5. Further Obligations of the User

(1)   Unless express permission is given by the Operator, the User is only allowed to use the AMG Private Lounge for private purposes and may not advertise on behalf of either themselves or third parties. In particular, this means that the User is not allowed to post messages with advertising content without the permission of the Operator and the recipient, or to offer items of any kind (e.g. vehicles, spare parts, merchandise, etc.) for sale.

(2)   The User is obliged to keep their login details safe. Since only the owner of a Mercedes-AMG is allowed to post under the user name, the User is without exception prohibited from passing on their login details to third parties and/or allowing third parties access to the profile by bypassing the login details.

(3)   The User must refrain from any activity that is likely to impair and/or unduly burden the operation of the AMG Private Lounge or the technical infrastructure behind it. This includes, in particular:

·       The use of software, scripts, or databases in conjunction with use of the portal

·       The automatic reading, blocking, overwriting, modifying, copying of data and/or other contents if this is not required for proper use of the portal

This applies accordingly to services that allow third parties unauthorized access to the AMG Private Lounge, especially malware and Trojans. Furthermore, the software applications underlying the AMG Private Lounge 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. Likewise, any data and content called up via the AMG Private Lounge may not be systematically collected and/or used by the User for commercial purposes. Any automated use of the AMG Private Lounge (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)   If malfunctions occur while using the AMG Private Lounge or its functionalities, the User shall inform the Operator of this malfunction without delay.

 

6. Usage Rights

(1)    All rights to the contents of the AMG Private Lounge posted by the Operator remain with the operator. The User is prohibited from reproducing, distributing, and/or publishing contents posted in the AMG Private Lounge by the Operator, other users, or third parties.

 

7. Sanctions

(1)    The AMG Private Lounge applies a three-stage warning principle at the Operator's discretion in the event of violations of these Terms and Conditions of Use. After receiving a warning, the User's rights are restricted for a warning period. There are three different warning periods: read permission only for three months, read permission only for six months, and complete exclusion. The "read permission only for three months" warning is imposed if the User violates the Terms and Conditions of Use on one or more occasions, therefore requiring direct intervention on the part of the Operator. If another violation of the Terms and Conditions of Use is detected after this warning period has expired, the next highest period is imposed immediately (read permission only for six months). If the User then violates the rules once again after this six-month warning period has expired, the User is excluded from the AMG Private Lounge permanently. The Operator reserves the right to exclude users without giving a reason in individual cases, especially in the event of gross misconduct (e.g. a violation of paragraph 4 subparagraph 4).

 

8. Liability; Exemption and Contents of the AMG Private Lounge

(1)    Unlimited liability: The Operator is fully liable for intent and gross negligence as well as according to product liability law. For slight negligence, the Operator is liable in the event of damages due to injury to the life, body, or health of persons.

(2)    Otherwise, the following limited liability applies: In the event of slight negligence, the Operator is only liable in the event of the violation of an essential contractual obligation whose fulfillment enables proper enforcement of the contract in the first place and in which the User may have every confidence (cardinal obligation). The liability for slight negligence is limited up to the amount of the typically foreseeable damages at the time of entering into the contract. This liability limitation also applies in favor of the Operator's vicarious agents.

(3)    The User exempts the Operator and its employees or agents from all resulting claims of third parties in the case of claims because of alleged or actual law violation and/or infringement of third-party rights due to the actions of the User in connection with the use of the AMG Private Lounge. Furthermore, the User undertakes to refund all costs incurred by the Operator due to third-party claims. The refundable costs also include the cost of an appropriate legal defense.

(4)    The Operator bears no responsibility for contents of the posts written and published by members, and is not liable for their accuracy, completeness, or meaningfulness. This applies in particular if the User posts contain links to websites of external third parties. If a User relies on the content and information from User posts, this shall be at the User's own risk. All posts reflect the views of the particular author.

(5)    The information provided and the statements made by the Operator in the AMG Private Lounge do not constitute any assurance or warranty, either express or implied. They in particular do not represent any implied promise or guarantee with regard to the quality, the marketability, the suitability for particular purposes, or the non-infringement of laws and patents.

(6)    All text, images, graphics, sound files, video files, and animation files of the Operator used in the AMG Private Lounge, and their arrangements, are subject to copyright and other intellectual property laws. The Operator reserves all rights in this regard.

 

9. Data Protection and Data Security

(1)    The use of the AMG Private Lounge makes it unavoidable for the Operator to gather, process, and use personal data. The Operator promises to handle all saved data with due care and only process them in accordance with the consent under data protection laws given by the User. The Operator shall only use personal data for other purposes as permitted by law or if the User has given prior consent for this.

(2)    Furthermore, the Operator's separate privacy statement[BF(1]  applies.

 

10. Contractual Term/Termination

(1)    The contract is a no-term contract and may be terminated by either party at any time without notice and without giving reasons.

(2)    The User can terminate their contract with the Operator by deleting their profile, i.e. user account. After termination of the contract, any posts the User has already published or written in the AMG Private Lounge will be displayed anonymously.

(3)    The Operator will exclude the User in particular if the User continually fails to meet their obligations according to paragraphs 4 or 5 of these Terms and Conditions of Use.

 

11. Changes to the Terms and Conditions of Use; Right of Objection

(1)    These Terms and Conditions of Use are subject to change during use, providing the changes are deemed acceptable to the User, taking account of the Operator's interests. The Terms and Conditions of Use may only be changed unilaterally if there is an important reason for this. Important reasons include, in particular, a change in the legal situation or unexpected difficulties in enforcing the contract that significantly impair use.

(2)    If subsequent changes become necessary, the User shall be informed of this by email sent to the address submitted by the User. This email shall mention the changes as well as the right of objection and the fact that the new Terms and Conditions of Use will be included as part of the contractual relationship unless the User objects within the indicated period or uses the AMG Private Lounge again. The objection period is one month from receipt of the informing email.

(3)    If the User exercises their right of objection, each of the parties to the contract reserves the right to terminate the contract without notice.

12. Platform for Online Dispute Resolution, Participation in Dispute Resolution Proceedings

(1)   According to applicable law, the Operator is obliged to inform the User of the existence of the European Online Dispute Resolution Platform, which can be used to resolve disputes without having to involve a court. The European Commission is responsible for setting up the platform. The User can find the European Online Dispute Resolution Platform here: http://ec.europa.eu/odr.

(2)   The Operator shall not participate in an alternative dispute resolution process before a consumer arbitration panel as defined in the Act on Alternative Dispute Resolution in Consumer Matters (VSBG), and is not obligated to do so.

 

13. Final Provisions

(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)   Only German law applies, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. If the User is a consumer, this choice of law only applies if mandatory consumer protection regulations of the country in which the User as a consumer has their habitual residence at the time of their order are not revoked.