1.1 These Terms of Service apply to your use of the services provided by moovel GmbH, Germany (“moovel” or “we”) on the “move forward” platform (“platform”). You have to agree to these Terms of Service if you want to access the platform and use its services. The Terms of Service are displayed on the platform if you click on “Terms of Service” at the bottom of the starting page.
1.2 The services offered by the platform can include features, content, applications, competitions, and other promotions relating to the future of mobility.
1.3 By agreeing to these Terms of Service, you warrant that you are legally capable of entering into binding contracts and that you are at least 18 years old.
1.4 The platform can be accessed and used ”as is”. moovel may change, suspend, limit, or discontinue any aspect of the platform and its services at any time, including the availability of any content or feature of the platform without notice. moovel may also restrict your access to parts or the entire platform without notice.
1.5 Access to and use of the platform is free of charge for you. You are responsible for costs for connecting to the platform (e.g. internet connection fees).
II. REGISTRATION AND MEMBER PROFILE
2.1 Although, you may access some areas of the platform without prior registration, other areas of the platform can only be accessed by registered users (“members”). If you wish to register to become a member and create a member profile, you have to expressly agree to these Terms of Service. As part of the registration process, you will have to enter an e-mail address to which we will send you a registration e-mail. This registration e-mail will be deemed to be our offer to you for opening a member profile. The registration is finished once you have clicked on the activation link and accepted our offer for opening a member profile.
2.2 You may only have one member profile. Multiple member profiles or creating a member profile for persons other than yourself are not permitted. If your member profile has been blocked by moovel, you may not register again. Additionally, you agree to keep your member profile and login data confidential. You are not allowed to share the use of your member profile and login data with any other person. If you suspect any unauthorized use of your member profile, please inform us immediately.
2.3 Your member profile will be shown to moovel and to other members. The content that you submit on the platform will be visible and accessible to moovel and to other members.
2.4 You may also use the data of a social network account if you are a member of the social networks shown in the login section of the platform. If you make use of a social network account, we will send you the registration e-mail to the e-mail address which you use for this social network account. Please note that moovel will receive personal data from the social network company where you have your account.
2.5 You may cancel your membership at any time by contacting support@ move forward.com. moovel will delete your member account and data according to Article 2.7.
2.6 moovel reserves the right to terminate your membership at any time in moovel’s sole discretion. moovel will delete your member account and data according to Article 2.7.
2.7 If your membership has been cancelled or terminated, moovel will delete all of your data from the platform so that your data will no longer be visible for other members.
III. SUBMISSIONS AND CONTENT
3.1 moovel assumes no responsibility for the accuracy, completeness, or reliability of any information, statement, opinion, or any other content that has been submitted to the platform by its members. Any reliance upon any such information shall be at your own risk. moovel does not give any legal advice to you nor does moovel provide any legal services.
3.2 moovel does not share the views or opinions submitted by its members. The platform may contain, among other things, forward-looking statements that reflect the respective author’s current views with respect to future events. Such statements are subject to risks and uncertainties. If the assumptions underlying any of these statements prove incorrect, then actual results may be materially different from those expressed or implied by such statements. moovel does not intend or assume any obligation to update any forward-looking statements by moovel or by any author. By accessing the platform, you agree that you could be confronted with content of members or third parties that may be wrong, misleading, non-accurate, or even offensive to you and that moovel is not liable for such content.
3.3 You are solely responsible for the content that you submit to the platform. You shall not upload, distribute, or otherwise publish any material on the platform which is defamatory, obscene, pornographic, abusive, and/or fraudulent, and/or which is in violation of copyright or trademark laws or otherwise illegal. moovel reserves the right to delete, move, or edit such content in its sole discretion. Please also refer to our “Code of Conduct” which sets forth the cornerstones of what we think is appropriate communication and behavior on the platform.
3.4 Submission to the platform shall relate to the future of mobility and all submissions shall be in the English language exclusively. moovel reserves the right to delete submissions and content that do not comply with these requirements or are in any other way inappropriate in moovel’s opinion. moovel does not guarantee that your content will be published on the platform.
3.5 You shall not, without the express prior written approval of moovel, upload, distribute or otherwise publish any commercial material such as advertisements or any other form of solicitation on the platform (including and in particular over any means of communication on or over the platform, e.g. platform internal mailings).
3.6 You shall not upload any content that contains any virus or other harmful or malicious component or which makes excessive demands for bandwidth or which may otherwise overburden, impair, or disrupt the platform or any third party computer system.
3.7 You must not employ scraping or similar techniques to aggregate, repurpose, republish, or otherwise make use of any content of the platform without the express, written consent of moovel.
IV. IP RIGHTS
4.1 moovel has worked hard to achieve an innovative and informative website. moovel hopes that you will be as enthusiastic as moovel is about this creative effort. As you can understand, moovel must protect its intellectual property, including but not limited to its patents, trademarks, and copyrights or any other protectable right. Accordingly, you are hereby noticed that neither the platform, nor any material contained on or in the platform shall in any way grant or be taken to grant any person a license to moovel’s intellectual property, whether for commercial or non-commercial use except as otherwise provided on the platform.
4.2 When you submit content (including and in particular pictures) to the platform, you confirm to moovel that you are its owner or that you are entitled to submit, post, or upload this content and that it does not violate the privacy, contract, copyright, and other intellectual property rights, or any other rights of any person, entity, or government. You agree to compensate moovel and hold moovel harmless from any claims by third parties resulting from the infringement of their intellectual property rights.
4.3 If you think that your IP rights are infringed by any content displayed or otherwise used on the platform, please contact support@move forward.com.
4.4 By submitting content to the platform, you grant moovel a non-exclusive, transferable, sub-licensable, perpetual, royalty free worldwide license to use (including any unknown types or forms of use), distribute, market, dispose of, offer for disposal, or otherwise deal with or use any of the content that you post on the platform. If you are an employee of moovel GmbH or of a company within the Daimler AG group, special rules resulting from your employment contract with these companies may apply and remain unaffected.
V. DATA PROTECTION/PRIVACY AND COOKIES
6.1 moovel shall be unrestrictedly liable for losses caused intentionally or with gross negligence by moovel, its legal representatives and other assistants in performance; moovel shall be unrestricted liable for death, personal injury or damage to health caused intentionally or negligently by moovel, its legal representatives, or assistants in performance. moovel shall be liable in accordance with the German Product Liability Act (Produkthaftungsgesetz) in the event of product liability.
6.2 moovel shall be liable for losses arising from the lack of any warranted characteristics up to the amount which is covered by the purpose of the warranty and which was foreseeable for moovel at the time the warranty was given.
6.3 moovel shall be liable for losses caused by the breach of its primary obligations by moovel, its legal representatives, or assistants in performance. Primary obligations are such basic duties which form the essence of an agreement, which were decisive for the conclusion of an agreement, and on the performance of which you may rely. If moovel breaches its primary obligations through simple negligence, then its ensuing liability shall be limited to the amount which was foreseeable by moovel at the time when the respective service was performed.
6.4 moovel shall be liable for loss of data only up to the amount of typical recovery costs which would have arisen had proper and regular data backup measures been taken.
6.5 Any other liability of moovel shall be excluded.
7.1 The platform contains links to external sites. These sites are not under moovel’s control and, therefore, moovel is not responsible for the contents of any linked site. moovel is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by moovel of the linked site.
7.2 These Terms of Service shall not be construed so as to create a partnership, corporation, other joint venture or undertaking, or any agency relationship between you and moovel.
7.3 moovel reserves the right to change, replace, amend, or otherwise modify these Terms of Service from time to time. If you are not a registered member, the current Terms of Service that are displayed on the platform will apply to your access to the platform and the use of the services of the platform. If you are a member, you will be notified by e-mail of any changes/modifications of the Terms of Service six weeks before the changed/modified Terms of Service take effect. Your acceptance of these changes shall be assumed if you continue to access and use the platform after the notification period of six weeks has expired. You will be informed about the fact of a planned change and your right to object to any new Terms of Service by e-mail if this occurs. If you notify us in writing during the notification period that you are opposed to the changes/modifications, moovel will interpret your opposition as your request to terminate your member profile (see 2.4).
7.4 If any of the provisions in these Terms of Service should be or become invalid or unenforceable, the validity or enforceability of the other provisions of these Terms of Service shall not be affected. The invalid or unenforceable provision shall be replaced by a legally valid provision which reflects the economic intent and purpose of the invalid or unenforceable provision.
7.5 If moovel fails to insist upon performance of any of your obligations or if moovel fails to exercise any of its rights under these Terms of Service, this shall not relieve you from compliance with such obligations or constitute a waiver of such rights or remedies.
7.6 These Terms of Service are subject to and shall be construed in accordance with German law. The UN Convention on Contracts for the International Sale of Goods shall not apply. The place of performance is the seat of moovel GmbH. Any disputes arising from or in connection with these Terms of Service will be subject to the exclusive jurisdiction of the courts in Stuttgart, Germany, mandatory legal venues shall remain unaffected.
Valid from December 2015
moovel Group GmbH | Hauptstätter Straße 149 | 70178 Stuttgart | Germany
Board of Directors: Daniela Gerd tom Markotten, Sebastian Dehnen
Domicile: Stuttgart | Court of Registry: District Court Stuttgart
Commercial Register No.: HRB-Nr. 753820 | VAT Registration No.: DE 301445428