Community

User profiles, pinboards, comments and social logins form part of the Community at “RoadStars”. All of these activities offer users the opportunity to exchange ideas with each other. This means that:

- Users can create a profile

- Users can exchange information in comments and on pinboards

- Users can upload images to pinboards and share them with other users

- Registered and logged-in users can access exclusive content

- Users can comment on exclusive posts on the platform

- Users can log in to the platform using their user data from other social networks

RoadStars members benefit from special bonus campaigns that are specifically aimed at the target group of truck drivers. Examples of these include vehicle tests, product surveys, driving safety training courses or other special truck driver events.

The campaigns themselves will be announced on the website. The invitation and detailed information about the respective event will be sent by email. The overall package of bonus offers for registered members therefore includes, to the extent necessary, direct contact with the target group in order to invite them to campaigns, communicate detailed event information and send, for example, thank-you packages after campaigns or small gifts at Christmas or after driver registration. First name, surname and addresses (email and postal address) are required for this.

Names and addresses will not be shared with other community members.

1. Scope of application

The following Terms and Conditions of Use govern the relationship between Daimler Truck AG as a provider of RoadStars (hereinafter referred to as the “Provider”) and the Users of the Community.

Use of the Community is only permitted if the User accepts these Terms and Conditions of Use.

2. Registration

(1) A prerequisite for using the Community is prior registration. By registering, you accept these Terms and Conditions of Use.

(2) The User is obliged to provide the mandatory information required during registration truthfully. All mandatory fields must be completed.

(3) The User may not pass on their login details to third parties for use. The User is obliged to keep their login data confidential and to protect it from being accessed by third parties. In addition, the User may only create a single personal profile.

(4) Membership of the Community is only possible from the age of 18. There is no entitlement to registration or membership.

3. Services of the Provider

(1) The Provider authorises the User to publish posts on its website within the framework of these Terms and Conditions of Use. To this end, the Provider shall provide the Users with a communication platform with community functions free of charge within the scope of its technical and economic possibilities. The Provider shall endeavour to keep its service available. The Provider does not assume any further performance obligations. In particular, the User shall not have any claim to the permanent availability of the service. Maintenance work, further development or malfunctions may restrict or temporarily interrupt the possible uses.

(2) The Provider assumes no liability for the accuracy, completeness, reliability, up-to-dateness and usability of the content provided.

4. Exclusion of liability

(1) Claims for damages by the User are excluded, unless otherwise stipulated below. The foregoing exclusion of liability also applies to the legal representatives and vicarious agents of the Provider insofar as the User asserts claims against them.

(2) The exclusion of liability stipulated in Paragraph 1 excludes claims for damages due to injury to life, limb or health and claims for damages due to the breach of essential contractual obligations. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract. The exclusion of liability also excludes liability for damages that are based on an intentional or grossly negligent breach of duty by the Provider, its legal representatives or vicarious agents.

5. Obligations of the User and illegal content

(1) The User is solely responsible for any content posted by them.

(2) The Community is intended exclusively for private use. The User undertakes not to publish any commercial content.

(3) The User undertakes to the Provider not to publish any posts that violate moral standards or applicable law.

(4) In particular, the User undertakes not to publish any posts whose publication constitutes a criminal or administrative offence.

(5) It is prohibited to post content whose publication/distribution via RoadStars infringes the rights of third parties (in particular copyright, trademark, name and identification rights, right to own image) or which is threatening, offensive, defamatory, racist, glorifying violence, grossly offensive, harassing, discriminatory, pornographic or unsuitable for underage persons.

(6) In particular, the User must observe the personal rights of third parties with regard to the content they post. For example, the User is responsible for ensuring that the persons depicted in their images have given their consent – insofar as such consent is required by law – for publication.

(7) In the event of a breach of these obligations, the Provider is entitled to amend or delete the relevant posts. We reserve the right to block the account and terminate the membership of any User who has posted this content. The User is obliged to compensate the Provider for any damage caused by the breach of duty.

(8) The Provider has the right to delete posts and content if they could contain a legal violation.

(9) The Provider shall be entitled to indemnification against the User against claims by third parties asserted due to the infringement of a right by the User. The User undertakes to support the Provider in defending against such claims. The User is also obliged to bear the costs of the Provider's appropriate legal defence.

(10) The User is not entitled to post content or repost content that has already been deleted or blocked.

6. Reporting illegal content

Report illegal content to the following email address: roadstars@mercedes-benz-trucks.com

7. Transfer of rights of use/copyright provisions

(1) The copyright for uploaded posts remains with the respective User. However, by uploading its posts to the Community, the User grants the Provider the right to keep the post permanently available for access on its website. The Provider may make the content posted by the User publicly available free of charge and without restriction in terms of content, time and location and may reuse it within the website and, if necessary, further process it and combine it with other content.

(2) The User guarantees that they are the owner of all rights to the posted content required for the aforementioned uses and/or that they can dispose of these rights, and that these uses do not infringe any third-party rights or legal provisions.

(3) The User has no claim against the Provider for the deletion or correction of posts created by them.

8. Termination of membership

(1) The User may terminate their membership at any time by sending an informal email to roadstars@mercedes-benz-trucks.com. The resulting deletion of data does not include posts, comments and messages that you have published or written on the platform before this point in time or data which we are legally obliged or entitled to retain. After deletion of your user account, we reserve the right to anonymise the posts, comments and messages you have published or written on the platform before this point in time.

(2) The Provider is entitled to terminate a User's membership, e.g. if the User violates the Terms and Conditions of Use or has not logged in for a period of twelve (12) months.

(3) The Provider is entitled, but not obliged, to delete the content created by the User in the event of termination of the membership. The User's claim to the transfer of the created content is excluded. The granting of rights by the User in accordance with Clause 7 shall remain unaffected for an indefinite period.

9.ChangestotheTermsandConditions ofUse/changestotheoffer

(1) The Provider is entitled to make changes to its service or to discontinue the service.

(2) The Provider reserves the right to change these Terms and Conditions of Use with effect for the future. In this case, we will inform you in advance of the changes and point out that the changes will be deemed accepted if you do not object to the changes within thirty (30) days or as soon as you use the platform again. Click the “Terms and Conditions of Use” hyperlink on the platform to view the current version of the Terms and Conditions of Use.

10. Responsibility

(1) The responsibility for all comments, texts, information, data, software, sounds, images, photos, graphics, videos, messages or other materials (“Content”) stored, published or transmitted by you or other Users using the platform rests exclusively and without limitation with the person who made the Content available on the platform.

(2) The User ensures that they have all necessary rights to all Content made available by them on the platform, have unrestricted usage rights to this and do not preclude any rights of third parties. Should third parties nevertheless assert claims due to the infringement of their rights, the User shall indemnify Daimler Truck AG against all claims in this context. The indemnity shall also cover the costs of appropriate legal defence.

11. Data protection

The Provider collects, processes and uses the User's personal data in accordance with these Terms and Conditions of Use for the purpose of providing the Community and its functions, and to the extent that the User consents to its further processing and use. Please also observe our data protection information.

12. Other

(1) The legal relationship between the Provider and the Users is governed by the law of the Federal Republic of Germany.

(2) To the extent permitted and compatible by law, Stuttgart shall be the place of performance and the exclusive place of jurisdiction.

(3) Any invalidity of one provision of these Terms and Conditions of Use shall not affect the validity of the remaining Terms and Conditions of Use.