Mercedes-Benz Group AG (hereinafter referred to as the Provider) reserves the right to block a user or otherwise take appropriate measures in the event of indications of misuse of the online service or a use that violates these General Terms and Conditions. In particular, a use shall be deemed to be abusive if a user uses the system or information provided therein outside of the intended purposes of use, uses the system for illegal purposes or purposes that infringe the rights of the Provider or third parties, or uses the system in non-compliance with other guidelines provided for by the Provider.
Accordingly, the user assures that the information provided by him to the Provider, in particular in connection with his registration in the system, is true and complete. The user undertakes to inform the Provider immediately of any future changes to the data provided.
In addition, the user undertakes to ensure that the hardware and software used by him when using the system, including workstations, routers, data communication systems, etc., are free of viruses, worms, Trojans, etc. With regard to the data uploaded by the user, the user undertakes to ensure that he is the owner of all rights to the uploaded data and can freely dispose of the use, including, among other things, that the uploaded data is not encumbered with the rights of third parties that prevent such use.
In particular, the online service may not be used to disseminate information that meets the following criteria:
a) racist, inhuman slogans
b) provision of false or otherwise incorrect information
c) abusive, aggressive, harassing, hateful, obscene, threatening or otherwise objectionable
d) Information that violates legal requirements or that does not sufficiently comply with or implement applicable requirements (e.g. in the case of labeling or transparency obligations)
e) information, of which the provision or dissemination constitutes a criminal offence or an administrative offence
Measures to be taken in the event of violations
If the information provided violates these General Terms and Conditions and the Provider becomes aware of this (e.g. through a report by another user), the Provider reserves the right to block or delete such content immediately (if necessary, only temporarily) and to take all further necessary steps.
If necessary or appropriate, the following measures will be taken depending on the severity, frequency and number of violations:
a) temporary or permanent deletion of content
b) permanent blocking of user accounts and all associated content
d) permanent blocking of the user account and all associated content and inclusion of the access data, in particular the specified e-mail address and other master data for the identification of the user, on a blacklist with the consequence that a new user account cannot be created
In case required by law, affected users or reporters will be informed of the Provider's decision and given the opportunity to comment. After further comment, the Provider will re-examine the decision and make a final decision on how to deal with the affected content. The user will receive a notification/e-mail about the moderation decision made, including the justification.
Complaints and (out-of-court) dispute resolution
The user has the option of filing an appeal against decisions of the Provider, such as the deletion of content or the blocking of accounts or similar, by way of a complaint procedure within six (6) months of receipt of the original decision. The complaint form can be found here. The Provider will examine this complaint within a period of one month and either annul or confirm the original decision (in whole or in part). The user will be informed of the decision and the reasons by e-mail.
Complaints that cannot be resolved by the processes described above may be submitted to and processed by a certified out-of-court dispute settlement body. If necessary, information regarding access to an out-of-court dispute settlement body will be made available at an appropriate place on the websites of the Provider. Regardless of the involvement of such a body, the judicial procedure is available anytime.
Changes to these General Terms and Conditions
The Provider is entitled to amend these General Terms and Conditions for valid reasons, in particular if new technical developments, further development of the services covered by the contract, changes in legislation and case law or other equivalent reasons make this necessary. If the amendment significantly disturbs the contractual balance between the parties, the amendment shall not be made. The Provider shall notify the users of the amended General Terms and Conditions in text form (including e-mail) at least one month before the effective date of the amendment or supplement (calculated from the date of receipt of the notification by the user). The amended General Terms and Conditions shall be deemed to have been approved if the user does not object within this period of one month from receipt of the notification. The Provider will inform the user separately of this legal consequence in the notification.