TERMS OF USE FOR THE BMW M DRIVERS COMMUNITY.

BMW M GmbH (Daimlerstrasse 19, 85748 Garching-Hochbrück, München, hereinafter “we”) presents the customer of the “BMW M Drivers Community” forum these Terms of Use in-cluding the data protection instructions. The BMW M Drivers Community is the official dis-cussion and exchange forum for owners of BMW M and BMW M Performance Automobiles. We expressly wish for a lively cooperation, discussion and exchange of questions and an-swers. We expressly point out that the administrators and moderators authorised by us give their personal opinions in all contributions. This opinion is not necessarily in accordance with the opinion or interests of BMW AG or BMW M GmbH.

1. Membership and Account

Membership in the BMW M Drivers Community is free of charge. Anyone can be a member of BMW M Drivers Community (hereinafter referred to as “User”) who is 18 years of age and owns a BMW M or BMW M Performance automobile. Your BMW M Drivers Community membership begins with the registration of the login de-tails which are provided by the customer. When signing up, the customer is required to pro-vide us with accurate and complete information about his or her identity, and to update this information as soon as any changes occur during the M Drivers Community membership.Your BMW M Drivers Community membership is not transferable, nor does it guarantee the right to participate in the M Drivers Community. Only one BMW M Drivers Community membership is allowed per person. Also, each partici-pant in the forum can only have one user name. Double accounts (multiple use) are not permitted. In the case of multiple usages, all the participant’s accounts are blocked. And once you have a permanent ban, it is not permissible to log in again.BMW M GmbH reserves the right to refuse access to certain users to the forum either tem-porarily or permanently, without giving reasons. Such a suspension shall be considered in the case of a breach of the current Terms of Use.Participants of the BMW M Drivers Community are obligated to keep the data needed to use the forum inaccessible from third parties. This includes, in particular, user name and password.

2. User Name

Each participant must select a user name (community nickname) for the BMW M Drivers Community. This does not have to correspond to the user’s real name and may be a pseudo-nym. For reasons of readability, letters (and numbers) are to be used; the use of special characters is prohibited. The used of trademark-protected names and any internet names as a user name is also not permitted. As for any contributions made to the site, the user name may not be unlawful or offensive.

3. Signatures and Links

The signature is limited to three lines – including blank lines. Links in the signature may only refer to BMW vehicles and websites of BMW M GmbH, BMW AG or a user’s non-commercial personal homepage which is compliant with the Terms of Use.

4. Availability

There may be temporary restrictions to the BMW M Drivers Community due to maintenance and further development. BMW M GmbH endeavours to keep these as low as possible.

5. Content of the BMW M Drivers Community

The BMW M Drivers Community is an exchange among users. Users can, therefore, publish their own contributions and discuss them. Each user ensures that his or her contributions, including any images, do not violate laws or the rights of third parties. This applies both to the directly visible part of any contribution as well as to the links contained therein. BMW M GmbH is not responsible for the content of the contributions made or published by users.

6. Deleting, moving, changing content

BMW M GmbH and the administrators and moderators appointed by the BMW M GmbH are entitled, in individual cases, to delete entries, in particular contributions which violate applicable laws and/or the Terms of Use or are suspected of such a breach without having to give any reason, or to move and/or change the content within the forum. Any kind of change will be clearly marked. BMW M GmbH does not undertake to control contributions by participation or does so only on a limited basis.

7. Improper Content

Every user is responsible for the legality of the contents they provide. All content which is unlawful or is considered obscene, pornographic or otherwise offensive is prohibited. The following content is, therefore, inadmissible:

  • Promoting or instructing someone in carrying out a crime
  • all illegal content and links to them, in particular content which violates criminal laws, narcotics laws or weapon laws that warrant war or violate human dignity
  • content which is harmful to children
  • radical statements directed against personal rights, religious beliefs and other basic human rights or freedoms
  • content which violates copyrights, cracks, file sharing (recordings of programs on TV, radio or the internet) and instructions for the creation of such content
  • Personal data of third parties without their express content, or polemics, insults or untrue allegations

The BMW M Drivers Community serves the purpose of providing an exchange among owners of BMW M and BMW M Performance Automobiles. It, is therefore, inadmissible, to include contributions which:

  • have no relation to products of BMW AG or BMW M GmbH, or  
  • are commercial advertising

Any abuse of the forum as an advertising space for websites, products and services, whether commercial or private, as well as the provision of services or goods is prohib-ited. This prohibition also explicitly refers to user names, and links that have a “Referrer ID” or “Affiliate ID”. We ask that participants inform the administrators or moderators of the BMW M Drivers community of any improper contributions.

8. Data Protection

A BMW account is required to register in the BMW M Drivers Community. This consists of an e-mail address and the user’s password. The BMW account can be used for several BMW Group services. The data of the user-specific BMW account cannot be viewed publicly by other users. The user name (community nickname) is published in the BMW M Drivers Community.The BMW M Drivers Community is an exclusive area for drivers of BMW M and BMW M Performance automobile. In order to verify that the user is a driver of a BMW or BMW M Performance automobile, the user’s VIN number is requested during the registration process. The VIN number cannot be viewed publicly in the BMW M Drivers Community or by other users, but vehicle data corresponding to the VIN number of the user is displayed after the registration in order to equip the vehicle profile with certain basic information to the user’s vehicle. The vehicle profile can be supplemented or changed by the user with further data. Certain values of your vehicle profile can be set to invisible by the user (e.g. the vehicle’s production date) so that other users cannot see them.In addition to these basic details about the car, further information can be found in the user’s profile for other users in the BMW M Drivers Community. The user name (community nickname) selected by the user is displayed as a public display name in the user’s profile. The user’s profile picture as well as the profile selected by the user can be viewed by other users of the BMW M Drivers Community.In addition, the user’s personal data is requested during the registration process, which the user, in some cases, can choose to give voluntarily. This data is partially used to adjust the profile to the user or to enrich the profile. For example, the salutation is used to create an exemplary avatar image (male/female) in the user’s profile. The country specified by the user is used to assign a language (German/English) based on the country selection. The country and the location are displayed in the user profile (without the address). When registering, the user’s personal data is queried, such as the first name, the last name, the address (street, house number, postal code), and the telephone number. These are not displayed publicly in the profile. These contact detail are used for customer support and marketing, as long as the user has explicitly agreed to it during the registration process. These data are not publicly available to other users.The account, profile and parts of the vehicle data can be changed at any time by the user in the settings of the BMW M Drivers Community.

9. Ending membership with the BMW M Drivers Community

Membership in the BMW M Drivers Community can be terminated at any time by deleting your profile via the community administrator. Your past entries will be displayed anony-mously after deleting your BMW M Drivers Community Membership.

10. Liability

BMW M GmbH assumes no liability for the correctness and timeliness of the data and infor-mation transmitted via this forum. Responsibility for the content lies exclusively with the respective participant, who submitted the content to the BMW M Drivers Community, not with BMW M GmbH. If BMW M GmbH becomes aware that content violates these condi-tions of use, BMW M GmbH will react appropriately in accordance with the Terms of Use. BMW M GmbH is not liable for the consequences of malfunctions, interruptions or functional impairments of the BMW M Drivers Community.In the event of slight negligence, BMW M GmbH shall be liable only in the case of a violation of contractual obligations. This liability is limited to the typical damage foreseeable at the conclusion of the contract. Moreover, liability is excluded. Liability for the malicious concealment of a defect, for the assumption of a guarantee or a procurement risk and under the Product Liability Act shall remain unaffected. Liability limitations also do not apply in the case of wilful intent, gross negligence or injury to life, body or health.The personal liability of the legal representatives, vicarious agents and employees of BMW M GmbH for damage caused by slight negligence is also limited as described above.

11. Final clauses

These Terms of Use are subject to German law with the exclusion of the UN Purchase Law. This choice of law applies only to the extent that this does not obscure mandatory, applicable consumer protection regulations of the country in which the consumer lives at the time of his order.Exclusive court of jurisdiction for all claims arising from the business relationships with merchants is Munich. The same jurisdiction shall apply where the customer has no general court of jurisdiction within the territory of the country, his domicile or place of habitual residence is transferred from his home country or his domicile or usual place of abode is not known at the time the action is brought.