Conditions of Use for Volkswagen Magazine
1. Scope and Purpose
The website magazine.volkswagen.com is provided by Volkswagen AG (hereinafter referred to as the ‘Platform’ or ‘Volkswagen AG Platform’). Volkswagen AG enables Users to make use of the content made available on the Platform on the basis of these Conditions of Use and the applicable laws for the period that the Platform is in operation. In particular, if a User wishes to upload or send or enter contributions for the Platform in any way whatsoever or send contributions to be uploaded by Volkswagen AG by postal means, he is first obliged to expressly declare that he agrees to these Conditions of Use. Furthermore, these Conditions of Use also apply to the User in the event that he uses the Platform without registering. The website is not assigned for the United States of America.
2. Changes to Conditions of Use and Scope of the Platform
a. Volkswagen AG reserves the right to amend the Conditions of Use in a reasonable manner for Users and only with effect as of a future date. Users will be expressly notified of any amendment to the Conditions of Use via the Platform and asked to agree to any amended Conditions of Use. Please refer to the latest applicable version of the Conditions of Use in this respect.
b. Volkswagen AG moreover reserves the right to expand or reduce the scope of the Platform, or to modify its functions, in whole or in part, at any time. In particular, the rapid development of the Internet makes it necessary for Volkswagen AG to make modifications to the Platform in terms of content and technical aspects from time to time.
c. Whereas this Platform offered by Volkswagen AG concerns a service made available to all Users free of charge and whereas all registered Users must be treated equally, it is prohibited for a User to continue to use the Platform if he objects to the amended Conditions of Use or the modified Platform.
3. Registration – Declarations by User
If a User wishes to make contributions to this Platform, he is obliged to register. When registering, the User is obliged to state his first name and surname and his email address as well as to confirm that he is an adult by stating his date of birth. If a User submits contributions by post, Volkswagen AG will register him. Details that the User submits upon registration (‘registration profile’) may be sent to the User for him to revise, if the User has stated his email address when sending his contribution by post. Evidently the User is entitled to revise or delete his registration profile at any time. The User is also free to withhold permission for his details to be used for marketing purposes.
4. Cost of Submission and Return Mailing of User Contributions
Contributions are submitted at the User’s own expense. If the User wishes to have his contribution returned to him, and it would be unreasonable to expect him to collect the contribution from a place designated by Volkswagen AG, the latter will pay the costs of the return mailing.
5. Links to magazine.volkswagen.com
It is permissible to place hyperlinks to the home page magazine.volkswagen.com provided that:
· the link causes the target page to be fully refreshed without being placed in a frame,
· Volkswagen AG is notified within 24 hours of the link being placed by means of an email to firstname.lastname@example.org
· the hyperlink is clearly identified as such on the source page by use of the phrase "Link to Volkswagen AG" or the name of the relevant Volkswagen AG target web page in conjunction with the phrase "Link to Volkswagen AG".
Links not conforming to this rule must be approved by Volkswagen AG in writing prior to being placed. Volkswagen AG reserves the right to forbid links to be placed, notwithstanding compliance with the above rule.
6. Links to Third-Party Websites
a. The Platform includes links to websites operated by third parties. Volkswagen AG lays no claim to ownership of the content of websites of third parties accessible by way of links, and is therefore not responsible for their content.
b. It is necessary to comply with the terms and conditions of the provider of websites belonging to third parties.
7. Declaration by User Regarding his Right of Disposal; Granting of Rights
a. The User declares that he agrees to these Conditions of Use, that he has full right of disposal regarding the contribution which he provides to Volkswagen AG (for example, video, commentary, blog or forum post), and in particular that he is permitted to submit or enter the contribution for the purposes of the use set out in the following sub-sections b. and d. of this Section 7 on magazine.volkswagen.com of Volkswagen AG and that he is not aware of any conflicting rights of third parties in this regard. In this context the User is expressly required to pay close attention to the existence of and to comply with third-party rights, in particular as regards photographs, images, films and musical contributions.
b. By agreeing to these Conditions of Use, the User grants Volkswagen AG the right to place any contribution he has uploaded, entered or provided by postal means without restriction on the internet websites magazine.volkswagen.com and to make his contribution available to interested third parties in order for other Users to incorporate his contribution into their own websites (so-called point embedded links) or to make them publicly available. Furthermore the User grants Volkswagen AG the right to provide his contribution to third parties selected by the User himself (e.g. YouTube.com, MySpace.com) to be placed on their internet platform.
c. If third parties make a claim against Volkswagen AG on the grounds of this use permitted by the User based on this declaration, then the User will indemnify Volkswagen AG against such claims by third parties.
d. By agreeing to these Conditions of Use, the User confirms that comments may also be made on his contribution by third parties on the above-mentioned internet sites (comment fields, blogs, forums etc.).
8. Prohibited Types of Utilisation
The User undertakes not to misuse the Platform in any way whatsoever, in particular:
· not to bypass any security measures implemented on the Platform;
· not to use any devices or run any applications which result in, or may result in, damage to the systems of Volkswagen AG or which cause them to malfunction, in particular as a result of modifications to the physical or logical structure of the servers or the network of Volkswagen AG or of other networks; and
· not to integrate the Platform, in whole or in part, into other Web content, whether private or commercial and not to utilise the Platform for commercial profit.
9. Statements Concerning Possible Infringements and Prohibited Content
a. Volkswagen AG respects the rights of third parties and the applicable law. Users of this Platform are required to do the same.
b. If a User or a person affected by a User’s contribution is of the opinion that the content of the Platform infringes his rights, the rights of third parties, these Conditions of Use or the applicable law, Volkswagen AG requests them to notify the editorial team accordingly using the contact form on the Platform.
Volkswagen AG requests the following information in this regard:
· identification details of the person who is suspected of using the Platform in an unlawful manner, and a description of or reference to the content in question as well as its location on the website.
· If there is any suspicion that the content of a User’s contribution could infringe the copyright, intellectual property, personal or trademark rights belonging to that User, the following information shall be provided, as far as possible: A description of the alleged infringement, details of the location of the disputed content on the Platform of Volkswagen AG, and a statement and if necessary proof of the User’s ownership rights, full and correct name, address and contact details.
c. Volkswagen AG reserves the right, immediately after receiving a notification in the context of Section 9b to temporarily freeze the content in question. This does not affect Volkswagen AG’s further rights, in particular institution of civil or criminal proceedings.
10. Rejection, Freezing and Removal of Content
Volkswagen AG is not obliged to check the contributions, comments or content of blogs and forums uploaded, entered or sent in by Users. Volkswagen AG in any case reserves the right to reject, freeze or remove in particular contributions, comments or content of blogs and forums that have been sent in, without prior notice and with immediate effect – insofar as these are publicly accessible on magazine.volkswagen.com – as soon as Volkswagen AG has become aware that they are unlawful.
11. Performance and Exclusion of Warranty
a. Information which the User finds on this Platform has been compiled by Volkswagen AG in a conscientious and careful manner.
b. The content presented on this Platform is purely intended for information purposes and is not legally binding, insofar as it is not subject to the energy consumption labelling directive (information regarding fuel consumption and CO₂ emissions). The vehicles presented on this Platform are partly equipped with special fittings available at extra cost. Data regarding scope of supply, appearance, price, performance, mass and weight of vehicles reflect the information available at the time when the data was entered. To that extent modifications are expressly reserved. Information concerning equipment, prices and standard specifications, are based on the characteristics of the German market.
c. Some of the information provided on this Platform reflects the views of the Volkswagen management. Where such information relates to indications of future developments, this fact is usually indicated by the use of terms such as "expect", "plan", "intend", or suchlike. As future developments are subject to varying and frequently unforeseeable factors, no guarantee can be given as to the accuracy of statements made relating to such future developments. The management will update any such statements at its own discretion. Please check all information before using it in any way. Binding information can only be provided in response to specific enquiries.
d. Volkswagen AG does not offer any guarantee as to the confidentiality and integrity of contributions and messages submitted to it in electronic form.
e. Volkswagen AG makes every effort to ensure that the Platform runs smoothly. However, Volkswagen AG cannot guarantee that this Plat¬form will function without technical fault at all times.
12. Liability; Exemption from Liability
a. Volkswagen AG accepts liability for cases of intent or gross negligence, in accordance with the German Product Liability Act, and for guarantees/representations expressly given by Volkswagen AG. In cases of minor negligence, Volkswagen AG accepts liability only in the event of infringement of an essential obligation, whereby the sum of any related claims for damages is limited to the extent of the foreseeable direct loss.
b. Any liability of Volkswagen AG for indirect loss (including lost profits) is excluded. The same applies to contributions uploaded, entered or sent in by the User (videos, comments, content of blogs or forums etc.), insofar as such content:
· infringes the rights of third parties and Volkswagen AG has no knowledge of this and, in the event of claims for damages, no facts or circumstances are known that would imply that rights of third parties had been infringed, or
· Volkswagen AG took immediate action to remove unlawful content or to block access to such content, as soon as Volkswagen AG became aware of the unlawful content.
c. Volkswagen AG accepts no liability for damage to or loss of films, images, sound recordings or any other materials sent or returned by post. The User may wish to create a copy of the scanned contribution or only submit a copy of the contribution if this is of exceptional significance.
13. Data Protection, Data Security, Cookies
a. Volkswagen AG will only collect, process and make use of personal data of Users of this Platform within the context of the applicable data protection regulations. You can find further information on Volkswagen’s data protection policy in the Volkswagen AG data protection declaration. Users are expressly requested as far as possible not to submit contributions containing personal data that make it possible to identify minors or other vulnerable persons.
b. If a User wishes to send contributions or news to Volkswagen AG by electronic means it is up to the User to take precautions himself as regards the means of transmission in order to guarantee the confidentiality and integrity of contributions or news sent by electronic means.
c. Volkswagen AG places so-called cookies on your computer when you visit the Platform. You can determine the extent to which cookies are enabled or disabled by means of settings on your computer (usually in your Web browser, such as Internet Explorer; for more details refer to the ‘Technical Requirements’ section). Volkswagen AG assumes that you agree to cookies being placed on your computer if your browser is set to allow them.
14. Final Provisions, Governing Law, Place of Jurisdiction
a. Use of the content of the Platform and of these Conditions of Use is subject to German law, with the exception of the conflict of laws provisions contained in it.
b. The legal forum is the court having jurisdiction over the registered office of Volkswagen AG.