Terms


This agreement was written in German. To the extent any translated version of this agreement conflicts with the German version, the German version controls.

Date of Last Revision: January 23, 2017

Statement of Rights and Responsibilities

This Statement of Rights and Responsibilities ("Statement," "Terms," or "SRR") derives from the Wheelcrowd Principles, and is our terms of service that governs our relationship with users and others who interact with Wheelcrowd, as well as Wheelcrowd products and services, which we call the “Wheelcrowd Services” or “Services”. By using or accessing the Wheelcrowd Services, you agree to this Statement, as updated from time to time in accordance with Section 14 below.

Because Wheelcrowd provides a wide range of Services, we may ask you to review and accept supplemental terms that apply to your interaction with a specific product or service. To the extent those supplemental terms conflict with this SRR, the supplemental terms associated with the product or service govern with respect to your use of such product or service to the extent of the conflict.

  1. Privacy

    Your privacy is very important to us. You are neither required to provide your real name on your personal profile nor add profile photos that enable others to conclude your real identity. If you want to add additional information about yourself, you are liable to provide them truthfully.

  2. Public profile

    You can control the visibility of your profile for both registered and non-registered users via Privacy setting.

  3. Sharing your Content and Information

    You own all of the content and information you post on Wheelcrowd, and you can control how it is shared through your Privacy settings. In addition:

    1. For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your Privacy settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Wheelcrowd (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
    2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
    3. When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of Wheelcrowd, to access and use that information, and to associate it with you (i.e., your name and profile picture).
    4. Behaviour when Sharing Content

      In order to keep a peaceful community, you bind yourself to the following behavioural codes. If you violate any one of these rules, we take our right to delete your content, ban your account or initiate juristic steps against you.

      1. You do not post any illegal, abusive, inappropriate, obscene or any other offensive content.
      2. You respect the rights of others, especially those of other users.
      3. You will not tyrannize other users or companies nor will you insult, harass, intimidate or bully them with a comment, post or via private message.
  4. Safety

    We do our best to keep Wheelcrowd safe, but we cannot guarantee it. We need your help to keep Wheelcrowd safe, which includes the following commitments by you:

    1. You will not post unauthorized commercial communications (such as spam) on Wheelcrowd.
    2. You will not collect users' content or information, or otherwise access Wheelcrowd, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
    3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Wheelcrowd.
    4. You will not upload viruses or other malicious code.
    5. You will not solicit login information or access an account belonging to someone else.
    6. You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
    7. You will not use Wheelcrowd to do anything unlawful, misleading, malicious, or discriminatory.
    8. You will not do anything that could disable, overburden, or impair the proper working or appearance of Wheelcrowd, such as a denial of service attack or interference with page rendering or other Wheelcrowd functionality.
    9. You will not facilitate or encourage any violations of this Statement or our policies.
  5. Registration and Account Security

    Wheelcrowd users can provide a phantasy name for their account should they have privacy concerns. Here are some commitments you make to us relating to registering and maintaining the security of your account:

    1. You will not provide any false personal information on Wheelcrowd, or create an account for anyone other than yourself without permission.
    2. You will not create more than one personal account.
    3. If we disable your account, you will not create another one without our permission.
    4. You will not use your personal street primarily for your own commercial gain, and will use a Wheelcrowd Page (Section 8) for such purposes.
    5. You will not use Wheelcrowd if you are under 13.
    6. You will keep your contact information accurate and up-to-date.
    7. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
    8. You will not transfer your account (including any Page or Crew you administer) to anyone without first getting our written permission.
    9. If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
  6. Protecting Other People’s Rights

    We respect other people's rights, and expect you to do the same.

    1. You will not post content or take any action on Wheelcrowd that infringes or violates someone else's rights or otherwise violates the law.
    2. We can remove any content or information you post on Wheelcrowd if we believe that it violates this Statement or our policies.
    3. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
    4. You will not use our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted with our prior written permission.
    5. If you collect information from users, you will: obtain their consent, make it clear you (and not Wheelcrowd) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
    6. You will not post anyone's identification documents or sensitive financial information on Wheelcrowd.
    7. You will not tag users or send email invitations to non-users without their consent.
  7. About Advertisements and Other Commercial Content Served or Enhanced by Wheelcrowd

    Our goal is to deliver advertising and other commercial or sponsored content that is valuable to our users and advertisers. In order to help us do that, you agree to the following:

    1. You give us permission to use your name, profile picture, content, and information in connection with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. This means, for example, that you permit a business or other entity to pay us to display your name and/or profile picture with your content or information, without any compensation to you. If you have selected a specific audience for your content or information, we will respect your choice when we use it.
    2. You understand that we may not always identify paid services and communications as such.
  8. Special Provisions Applicable to Pages

    The following terms apply to all Pages on Wheelcrowd. You are responsible for ensuring that your Page complies with all applicable laws, statutes, and regulations.

    1. General
      1. A Page needs to reflect a business that is situated in the car or motorcycle industry or one that has a direct connection to this industry.
      2. A Page for a brand, entity (place or organisation), or public figure may be administered only by an authorized representative of that brand, entity (place or organisation) or public figure (an "official Page").
      3. Any user may create a Page to express support for or interest in a brand, entity (place or organisation) or public figure, provided that it does not mislead others into thinking that it is an official Page, or violate someone's rights. If your Page is not the official Page of a brand, entity (place or organisation) or public figure, you must:
        1. not speak in the voice of, or post content as though it was coming from, the authorized representative of the Page's subject matter and
        2. make clear that the Page is not the official Page of the brand, entity (place or organisation) or public figure.
      4. Content posted to a Page is public and viewable by everyone who can see the Page.
      5. You may not establish terms for your Page that conflict with our Statement of Rights and Responsibilities or these terms.
    2. Page management
      1. Page names and Wheelcrowd web addresses

        Page names and Wheelcrowd web addresses must accurately reflect the Page content. We may remove administrative rights or require you to change the Page name and Wheelcrowd web address for any Page that fails to meet this requirement.

        Page names must:

        1. not consist solely of generic terms (e. g. „Car“ or „Motorcycle“).
        2. use proper, grammatically correct capitalisation and may not include all capitals, except for acronyms.
        3. not include character symbols, such as excessive punctuation and trademark designations.
        4. not include superfluous descriptions or unnecessary qualifiers.
        5. not mislead others into thinking it is an official Page of the Page's subject matter or is authorized by an authorized representative of the Page's subject matter.
        6. not violate someone's rights.
      2. Collection of data

        If you collect content and information directly from users, you will make it clear that you (and not Wheelcrowd) are collecting it, and you will provide notice about and obtain user consent for your use of the content and information that you collect. Regardless of how you obtain content and information from users, you are responsible for securing all necessary permissions to reuse their content and information.

        You will not collect users' content or information, or otherwise access Wheelcrowd, using automated means (such as harvesting bots, robots, spiders or scrapers) without our prior permission.

    3. Page features
      1. Cover photos

        All cover photos are public. This means that anyone who visits your Page will be able to see your cover photo. Cover photos can't be deceptive or misleading, or infringe on anyone else's copyright. You may not encourage people to upload your cover to their personal Streets.

  9. Special Provisions Applicable to Crews

    Crews are groups in which user can publicly or privately communicate with each other. Crews distinguish themselves from Pages per the following rules:

    1. Barring ownership of rights, you are neither allowed to create or run a crew reflecting a person of public interest, a company or trademark nor using their copyrighted material. You are exempt from this rule should it be clearly discernible that the crew is a fan group or -community of said person or company. Other users should not be tricked into believing this crew being an official crew of a person, company, or trademark unless this crew was created by an official representative of aforementioned owner of rights.
    2. The crew name should not solely consist of general terms like “car” or “motorcycle”.
    3. The crew name should be spelled correctly and not solely use capital letters unless it pertains to an acronym.
    4. The crew name may not contain numerous special characters or trademark signs.
    5. The crew name should not contain overly descriptive elements nor superfluous descriptions.
    6. No rights of others should be violated by a crew name.
  10. Special conditions for vehicles

    We aim to provide users of Wheelcrowd with digital profiles of existing vehicles. So, we as a community can achieve this goal you will abide to the following rules:

    1. You will only create a vehicle profile of an existing vehicle.
    2. You will only create a vehicle profile of a vehicle you are the current owner of.
    3. You are obligated to truthfully provide the correct vehicle identification number (VIN) when creating a vehicle profile or when asked by other services of Wheelcrowd to do so.
    4. Should a vehicle already been registered on the Wheelcrowd platform but now lie dormant within the vehicle graveyard of another user , you are obligated to provide the user with evidence of your ownership. In such a case that user is in turn obligated to transfer the vehicle to you. In the case that user does not react or comply you may contact the Wheelcrowd team with irrefutable evidence (VIN number and current vehicle license) of your ownership.
    5. All content and information contained within the vehicle profile must be in close relation to the vehicle. Furthermore, the rules of paragraph 3 apply.
    6. Should you violate any of these rules we are entitled to removing the offending vehicle profile. In extreme cases a user might be banned from using the Wheelcrowd services or even have his profile removed altogether.
  11. Transferring vehicle profiles

    The following rules apply when transferring a vehicle profile to another user or company as well as all those listed in paragraph 3:

    1. You will lose any rights to modifying the vehicle profile or similar functions which are only available to the owner of the vehicle profile.
    2. You subrogate all your rights to content created by you as well as previous owners on the vehicle profile to the next owner. This content can be freely modified and used by the subsequent owner.

    Should another user provide irrefutable evidence that a vehicle in your garage or graveyard belong to him you are obligated to immediately transfer the corresponding vehicle profile to him. Should you not comply in a timely matter we are entitled to transfer the vehicle profile to the rightful owner.

  12. Buying and selling of vehicles

    We try to design the process of buying and selling of vehicles as easily as possible. None the less, there are certain rules and conditions that apply which are in the following:

    1. Wheelcrowd is not a part of the business transaction between a buyer and a seller of a vehicle. We are neither agent, facilitator, surrogate nor consignor or any similar capacity. A transaction is solely between two parties.
    2. Wheelcrowd is also non-involved pertaining the cash flow of a business transaction when buying or selling a vehicle. Should you receive a fraudulent request for payment by a third party you are obligated to inform as soon as possible. You understand that we are not responsible for any financial damage you might have received should you have reacted to such a fraudulent request.
    3. We recommend performing transactions in a concurrent fashion and not making any up-front or down payments to receive ownership of a vehicle. Should witness any such malpractice you are obligated to inform us right away and in extreme cases press criminal charge against the offender.
    4. Wheelcrowd denies all responsibility concerning the correctness of the information related with a vehicle profile open for sale.
    5. All currency conversions are approximations. We use daily quotations which means the exact amount of a trade may differ. The basis of negotiations is the exact amount the seller has provided on the selling profile in currency set by him. Wheelcrowd denies all responsibility for pricing disputes.
  13. Special Provisions Applicable to Software
    1. If you download or use our software, such as a stand-alone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.
    2. You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.
  14. Amendements
    1. We’ll notify you before we make changes to these terms and give you the opportunity to review and comment on the revised terms before continuing to use our Services.
    2. If we make changes to policies, guidelines or other terms referenced in or incorporated by this Statement, we may provide notice on our official Wheelcrowd Pit-Stop.
    3. Your continued use of the Wheelcrowd Services, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.
  15. Termination

    If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Wheelcrowd to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 3.2, 4-6, 7.3 and 15-19.

  16. Disputes
    1. You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Wheelcrowd exclusively in the commercial court of the canton Aargau or, if the conditions are not met, in the district court of Lenzburg, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of Switzerland will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
    2. If anyone brings a claim against us related to your actions, content or information on Wheelcrowd, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on Wheelcrowd and are not responsible for the content or information users transmit or share on Wheelcrowd. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Wheelcrowd. We are not responsible for the conduct, whether online or offline, of any user of Wheelcrowd.
    3. WE TRY TO KEEP WHEELCROWD UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING WHEELCROWD AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT WHEELCROWD WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT WHEELCROWD WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WHEELCROWD IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
  17. Special Provisions Applicable to Users located in Germany (in german)
    1. Dir gehören alle Inhalte und Informationen, die du auf Wheelcrowd-Diensten postest. Du kannst mithilfe deiner Einstellungen für Privatsphäre kontrollieren, wie diese geteilt werden. Ziffer 3.1. wird ersetzt durch: Klarstellend wird erläutert, dass Wheelcrowd, die Wheelcrowd-Dienste und andere Begriffe in Ziffer 18 definiert sind. Für Inhalte, die durch Rechte am geistigen Eigentum geschützt sind, wie Fotos und Videos (IP-Inhalte), erteilst du uns ausdrücklich nachfolgende Genehmigung, vorbehaltlich deiner Einstellungen für Privatsphäre: Du gewährst uns eine nicht-exklusive, übertragbare, unterlizenzierbare, weltweite Lizenz für die Nutzung jedweder IP-Inhalte, die du auf Wheelcrowd-Diensten postest (IP-Lizenz). Diese IP-Lizenz dient nur dem Zweck die Wheelcrowd-Dienste bereit zu stellen und endet, wenn du deine IP-Inhalte oder dein Konto löschst; es sei denn, deine Inhalte wurden mit anderen geteilt und diese haben die Inhalte nicht gelöscht.
    2. Ziffer 7 wird ersetzt durch: Unser Ziel ist es Werbeanzeigen nicht nur für Werbetreibende, sondern auch für die Nutzer wertvoll zu gestalten. Damit dies möglich ist, erklärst du dich mit Folgendem einverstanden:
      1. Du erteilst uns die Erlaubnis, deinen Namen und dein Profilbild für kommerzielle, gesponserte oder verwandte Inhalte (wie z. B. einer Marke, die dir gefällt), die von uns zur Verfügung gestellt oder gestaltet werden, einzusetzen.
    3. Wir werden Änderungen gem. Ziffer 14 nur vornehmen, wenn die Regelungen dort nicht mehr passen oder wenn sie sich als unvollständig herausstellen, und wenn diese Änderungen unter Berücksichtigung deiner Interessen für dich zumutbar sind.

      Abweichend von Ziffer 14 treten Änderungen 30 Tage nach dem Datum in Kraft, an dem wir über die geplanten Änderungen informiert haben. Wenn du die Änderungen nicht akzeptieren möchtest, musst du dein Konto löschen, und wenn du dies nicht tust, gilt das als Annahme der Änderungen. Wir werden dich in unserer die Änderungen ankündigenden E-Mail auf diese 30-Tages-Frist und ihre Bedeutung besonders hinweisen.

    4. Ziffer 15 wird ersetzt durch: Unser Recht zur ausserordentlichen Kündigung aus wichtigem Grund bleibt unberührt. Ein wichtiger Grund liegt insbesondere vor, wenn eine Partei gegen Verpflichtungen aus dieser Erklärung, gegen gesetzliche Vorschriften, Rechte Dritter oder die Datenschutzrichtlinien verstösst, und der kündigenden Partei unter Berücksichtigung aller Umstände des Einzelfalls und unter Abwägung der beiderseitigen Interessen die Fortsetzung des Vertragsverhältnisses bis zur vereinbarten Beendigung oder bis zum Ablauf einer Kündigungsfrist nicht zugemutet werden kann. Eine Kündigung aus wichtigem Grund ist nur innerhalb einer angemessenen Frist nach Kenntniserlangung möglich.

      Besteht der wichtige Grund in der Verletzung einer Pflicht aus dieser Erklärung, ist die Kündigung erst nach erfolglosem Ablauf einer zur Abhilfe bestimmten Pflicht oder nach erfolgloser Abmahnung zulässig. Einer Abhilfefrist bedarf es jedoch nicht, wenn die andere Seite die Erfüllung ihrer Verpflichtungen ernsthaft und endgültig verweigert oder besondere Umstände vorliegen, die unter Abwägung der beiderseitigen Interessen eine sofortige Kündigung rechtfertigen

      In all diesen Fällen behalten die folgenden Bestimmungen ihre Gültigkeit: 3.2, 4-6, 7.3, 8 und 15-19.

    5. Ziffer 16.1 wird ersetzt durch: Diese Erklärung unterliegt deutschem Recht.
  18. Definitions
    1. By „Wheelcrowd“ or „Wheelcrowd-Dienste“ we mean the features and services we make available, including through (a) our website at www.wheelcrowd.com and any other Wheelcrowd branded or co-branded websites (including sub-domains, international versions); (b) our Platform; (c) social plugins such as the Fuel button, the Spread button and other similar offerings; and (d) other media, brands, products, services, software (such as a toolbar), devices, or networks now existing or later developed. Wheelcrowd reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate terms and not this SRR.
    2. By „Platform“ we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from Wheelcrowd or provide data to us.
    3. By „information“ we mean facts and other information about you, including actions taken by users and non-users who interact with Wheelcrowd.
    4. By „content" we mean anything you or other users post, provide or share using Wheelcrowd Services.
    5. By „data“ or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from Wheelcrowd or provide to Wheelcrowd through Platform.
    6. By „post“ we mean post on Wheelcrowd or otherwise make available by using Wheelcrowd.
    7. By „use“ we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
  19. Other
    1. This Statement is an agreement between you and Wheelcrowd AG. References to “us,” “we,” and “our” mean Wheelcrowd.
    2. This Statement makes up the entire agreement between the parties regarding Wheelcrowd, and supersedes any prior agreements.
    3. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
    4. If we fail to enforce any of this Statement, it will not be considered a waiver.
    5. Any amendment to or waiver of this Statement must be made in writing and signed by us.
    6. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
    7. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
    8. Nothing in this Statement shall prevent us from complying with the law.
    9. This Statement does not confer any third party beneficiary rights.
    10. We reserve all rights not expressly granted to you.
    11. You will comply with all applicable laws when using or accessing Wheelcrowd.

By using or accessing Wheelcrowd Services, you agree that we can collect and use such content and information as amended from time to time.