We, Kantar GmbH, operate the Online Community “Stars Insight” (hereinafter referred to as the “Online Community”) as part of a long-term online project. The sole purpose of the Online Community is to survey opinions and obtain the views of customers. The use of the Online Community is free of charge.
You can find out how to contact us by clicking on “Imprint” link on this website.
The following terms and conditions apply to use of the Online Community provided on the domain www.stars-insight.us. By registering, you consent to the Terms and Conditions of Use for the Online Community.
2 Registering as a member of the Online Community
(1) You may only use the Online Community if you
1. have attained the age of majority in the province, state or country in which you reside,
2.register properly as a member of the Online Community, and
3.accept and comply with these Terms and Conditions of Use.
(2) After you register using the online form, you are sent a confirmation mail so that you can verify your data and confirm your registration.
(3) You do not have any legal entitlement to activation of your account or participation in the Online Community. As the operator, Kantar reserves the right to prohibit members from or admit them to the Online Community.
(4) When choosing your user name, you are not permitted to use
- terms protected by trademark,
- company names or
- Internet addresses.
- Instead, use your first name or a pseudonym you have invented.
(5) Only you are allowed to use your membership account. As the account holder, you are likewise responsible for protecting your account against misuse. In particular, you are responsible for protecting your access data from being obtained by third parties.
(6) You may only register with the Online Community using only one account.
3 General duties on the part of members of the Online Community
(1) You as a member of the Online Community undertake to refrain from publishing contributions that violate the Community’s rules, public morality or prevailing law.
In particular, you are not allowed to:
1. publish offensive or untrue content,
2. publish content whose publication constitutes a criminal offence or regulatory offence,
3. send spam,
4. use content protected by law, in particular content that is copyrighted or protected by trademark, without authorisation,
5.post identical content in the Community multiple times (ban on duplicate postings),
6. conduct your own advertising or surreptitious advertising,
7.publish content with elements that are offensive, racist, hateful, discriminatory, pornographic, threatening or pestering toward or in the eyes of other members or the general public,
8. publish contributions through third parties if the third party’s personal identity can be deduced from them (such as through a name, address, telephone number or the overall circumstances), unless the third parties are public figures,
9. read content of the website using automated mechanisms (such as bots, robots, spiders or scrapers), unless you have our explicit written consent to do so,
10. upload viruses or other malicious code to the website.
(2) As a member of the Online Community, you are obliged to check that you have complied with the above subsection before publishing your contribution in the Online Community.
(3) If you violate the above subsection, we in particular reserve the right to take the following steps against you:
1. delete or amend the contributions you have posted,
2. prohibit you from posting further contributions in the Online Community, or
3. block your access to, or remove you as a member of, the Online Community.
(4) By giving your consent, you warrant that you will not create any contributions that violate the Community rules laid out in the above subsection (1).
(5) If you detect a violation of our Terms and Conditions of Use or prevailing law in individual contributions, we ask you to report them to us so that we can examine the contribution as soon as possible and delete it if applicable.
(6) The Online Community is accessible only to registered members. However, we recommend that you refrain from disclosing details that allow you to be identified (such as your address, telephone number or e-mail address) in your contributions. Your contributions should not reveal any information that you would also not make publicly available.
4 Your duty to maintain confidentiality
(1) Knowledge and information is communicated to you as a member of the Online Community, or made available to you on the website, in particular:
Results of studies and surveys held in the Community, provided photographic and video material, and documents from Mercedes-Benz AG and its subsidiaries, for example on planned product launches or marketing activities.
This constitutes Confidential Information, unless indicated otherwise.
(2) The Confidential Information shall remain the intellectual property of from Mercedes-Benz AG and its subsidiaries, Kantar, their affiliated companies or third parties and you shall not be granted any rights to use them or any license rights to them.
(3) You undertake to keep the Confidential Information secret and take appropriate measures to prevent third parties from gaining knowledge of and utilizing it. In particular, you are prohibited from utilizing the Confidential Information for your own purposes or disclosing it to third parties, except with our explicit written consent.
(4) The obligation to maintain confidentiality shall not apply if
- Confidential Information is in the public domain – without that involving a violation of this section 3 – and so is no longer secret or capable of being protected,
- Kantar respectively Mercedes-Benz AG and its subsidiaries has given you its prior written consent in the specific individual case to disclose Confidential Information to a third party,
- you have obtained the Confidential Information from a third party before joining the Online Community or obtained it afterwards from a third party – without that involving a violation of this section 3 –, provided the third party has come into possession of the Confidential Information lawfully and does not violate a binding obligation on itself to maintain confidentiality by disclosing it, or
- you are obliged to disclose the Confidential Information by law or pursuant to an order by a competent court of law, public authority or other institution, in which case you must undertake all reasonable steps to prevent or restrict disclosure of the Confidential Information to the maximum possible extent.
The onus to prove that one of the above exceptions from the obligation to maintain confidentiality exists shall be on you.
(5) Subject to subsection 4 above, this obligation to maintain confidentiality shall remain in effect after your membership of the Online Community ends.
(6) Kantar does not warrant that the Confidential Information is correct or complete.
5 Transfer of usage rights
(1) As a member of the Online Community, you have sole responsibility for ensuring compliance with the applicable copyright laws and legislation when you publish contributions in the Online Community.
(2) You grant us the following permission in relation to the content (contributions, comments, suggestions, ideas, information, photos, texts, videos, etc.) that you have posted as part of use of the Online Community and that are covered by intellectual property rights (hereinafter referred to as “IP Content”):
You grant us – waiving any claims for payment and reference to your name – the irrevocable, non-exclusive, assignable rights to use your IP Content without any restriction as to time and place. In turn, we undertake to confine use of your IP Content to those purposes that are stated in the preamble at the outset of these Terms and Conditions of Use.
(3) The above usage rights shall remain in effect even after your membership ends.
6 Granting of incentives
Your participation in and membership of the Online Community is voluntary. Kantar can grant rewards or reimbursement of expenses or offer contests (jointly referred to in the following as “Incentives”) on a case by case basis, but at no time will owe any payment for your participation in the Online Community and in particular for the content you post. Kantar shall not assume any obligations in connection with the payment of tax on any Incentives granted to you. You yourself shall be responsible for paying tax on the Incentives or income you receive from Kantar as part of the Online Community.
7 DISCLAIMER OF WARRANTIES:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.KANTAR AND its RESPECTIVE SUPPLIERS PROVIDE THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED FROM OR THROUGH THE SERVICE, "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. KANTAR AND ITS RESPECTIVE SUPPLIERS MAKE NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, AND FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
8 LIMITATION OF LIABILITY:
IN NO EVENT WILL KANTAR BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THIS AGREEMENT, EVEN IF kantar OR ANY OF its RESPECTIVE SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,. IN NO EVENT WILL kantar’s AGGREGATE LIABILITY TO YOU OR ANY THIRD-PARTY ARISING FROM OR RELATING TO THE SERVICE OR THIS AGREEMENT EXCEED $500.00. SOME STATES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
9 Term and termination of membership
(1) Your membership of the Online Community shall commence when you register and consent to our Terms and Conditions of Use.
(2) Your membership shall run for an indefinite period of time and can be terminated without notice by either Party at any time, without the need to give any reason for doing so.
(3) If you wish to delete or terminate your account, click on your profile (right top of the page) and then on settings. At the bottom of this page, you will find the option to click "Cancel accounts".
The comments and contributions you have posted in the Online Community shall then remain visible to the other members. They are then indicated by “Anonymous” instead of your user name. Your personal data shall be deleted.
10 Reservation of the right to make amendments
(1) We reserve the right to amend or expand the content and structure of the Online Community and the related user interfaces. Any such amendment shall be communicated in the Online Community in reasonable form.
(2) We shall have the right to amend the Terms and Conditions of Use at any time. Any such amendment shall be communicated in the Online Community in good time before it takes effect and in reasonable form. If you continue using the Online Community after the amendments take effect, that shall denote your consent to the modified Terms and Conditions of Use.
11 Place of jurisdiction
If no amicable agreement can be reached on any disputes that may arise, we agree – where permissible under the law – that the courts of law with competence for the place of the registered offices of Kantar in Germany (Munich) shall have jurisdiction and venue for any disputes that arise from or in connection with, result from or are based on the application of these Terms and Conditions of Use.
12 Consumer arbitration
Kantar is neither willing nor obliged to take part in proceedings to resolve disputes before a consumer arbitration board.
13 Severability clause
Should one or more provisions in these Terms and Conditions of Use be or become invalid, the validity of the remaining provisions shall not be affected thereby. The Parties undertake to replace the invalid provision by an arrangement which corresponds as closely as possible to the economic purpose of the invalid provision.
14 Information for California Residents
Under California Civil Code Section 1789.3, Members located in California are entitled to the following consumer rights information: (a) The Service is provided by the Company located at: Kantar GmbH, Landsberger Str. 284, 80687 Munich/Germany; email@example.com (b) You may contact Company at the address in subsection (a) immediately with complaints or to request additional information about the Service. Also, the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at (916) 445-1254