„Provider“ within the meaning of the following provisions is radio.de GmbH, Mühlenkamp 59, 22303 Hamburg, Germany, registered with Hamburg District Court under HRB 102273, phone: + 49 40 - 570 065 150, e-mail: [email protected].
Provider has created a database consisting mainly of references (hyperlinks) to audio streams and podcasts offered by third parties (hereinafter „Audio Sources“) as well as editorial content (hereinafter collectively “Database”) and has developed software with a user interface that enables access to the Database using search functions and graphical illustration as well as playback of the Audio Sources in the user’s own browser or own terminal device (hereinafter „radio.net”).
The following provisions apply exclusively to the free use of radio.net by users (hereinafter "Users"), with the exception of § 4. In this case, the Provider is financed by the revenue from the advertising placed by the Provider (e.g. display advertising and audio/video advertising before and after the Audio Sources are played).
(1) In order to use radio.net, a standard internet connection is initially required. For the use of radio.net via a web application, an up-to-date browser is required; for the use of radio.net via mobile applications (hereinafter "App"), a mobile device is required that is compatible with the Android or iOS operating system, in the latest version or in an older version supported by the Provider (see Support Center). The Provider is not obligated to permanently support operating systems or versions thereof.
(2) The Provider is not obligated to provide certain functionalities, contents or a certain appearance of radio.net but may design and continuously redesign them at Provider’s own discretion. Furthermore, the Provider shall be entitled at any time to change the services provided by Provider via radio.net, to make new services available free of charge or against payment, and to discontinue the provision of all services. In doing so, the Provider will take into account the Users’ legitimate interests.
(3) Users have no right to use a specific version of the software. In the interest of all Users, the Provider shall always endeavor to improve and meaningfully expand the software in order to continuously increase its utility. The Provider therefore expressly reserves the right to further develop the software. Within the scope of further developments, the Provider may modify, add and remove functionalities as well as adapt input masks, the respective design and appearance as well as other components of the front and back end at Provider’s own discretion. Users do not have a right to updates. Users cannot derive any claims against the Provider from updates that have been carried out. In any case, the Provider is entitled to always adapt the software systems to current security requirements. The provisions of this paragraph apply accordingly with regard to the Database.
(1) Users are entitled to use radio.de for private purposes of locating and playing Audio Sources. Any further use of radio.de, in particular the use for commercial purposes or reproduction, distribution, public disclosure, is not permitted.
(2) Insofar as Audio Sources are reproduced within the framework of the use of radio.net, Users themselves are responsible for any types and forms of their use that go beyond entirely private simple playback.
(3) All further rights to the elements and contents of radio.net, the software, the Database and the Audio Sources are reserved and must be licensed separately from the Provider or the holders of the rights thereto. This applies in particular to local storage, duplication, distribution, making available to the public, reproduction and downloading (downloading of podcast episodes for private use excluded).
(1) When using radio.de via App, it is possible to conclude a paid subscription within the App via a so-called "in-app purchase". In return, the Provider refrains from displaying advertising, so that neither display/banner advertising is shown within the App nor audio or video advertising is displayed by the Provider before, after or during the playback of Audio Sources (hereinafter "Prime Subscription"). For clarification: The conclusion of a Prime Subscription only leads to the non-display of advertising by the Provider and not to the absence of advertising, as the Audio Sources may still contain advertising.
(2) The conclusion of the contract for the Prime Subscription as well as the payment and cancellation of the Prime Subscription shall take place exclusively via the respective app store. The Provider therefore has no influence on the design of the purchase and payment process (including the accepted means of payment) or on the cancellation process.
(3) The term, automatic renewal, cancellation option and notice period of the Prime Subscription depend in each case on the selected Prime Subscription option and are displayed to Users on the subscription layer prior to the conclusion of the Prime Subscription and in the respective app store after the conclusion of the Prime Subscription. If the App is uninstalled while the Prime Subscription is running, this does not terminate the Prime Subscription, which can only be terminated by cancellation. When the cancellation takes effect, the right to use the Prime Subscription within the App expires.
(4) The Provider points out to Users that they are entitled to a statutory right of liability for defects for digital products.
(5) The Provider points out that Users have a statutory right of revocation when concluding a distance selling transaction. If the right of withdrawal has not effectively expired, it must be exercised vis-à-vis the respective app store operator (not vis-à-vis the Provider).
(1) The Provider points out that it merely facilitates access to Audio Sources and/or third-party websites for Users via radio.net, but that it has no knowledge of the content and accepts no liability for it. The respective providers themselves are solely responsible for third-party content, in particular for any infringements of copyright, industrial property rights and personal rights as well as criminal law caused thereby.
(2) User claims for damages against the Provider are excluded. Excluded from this are claims for damages by the Users arising from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the Provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to fulfil the purpose of a contract and on whose compliance the Users may regularly rely.
(3) In the event of a breach of essential contractual obligations, the Provider shall only be liable for the foreseeable damage typical for this type of contract if such damage was caused by simple negligence, unless the User's claims for damages are based on injury to life, limb or health.
(4) The limitations of liability resulting from paragraph 2 and paragraph 3 do not apply if the Provider has fraudulently concealed a defect or has assumed a guarantee for the quality of an item. The same shall apply insofar as the Provider and the User have reached an agreement on the quality of an item. The provisions of the German Product Liability Act shall remain unaffected.
(5) The restrictions from paragraph 1 to paragraph 3 shall also apply in favor of the legal representatives and vicarious agents of the Provider if claims are asserted directly against them.
(1) Contracts concluded between the Provider and the Users shall be concluded in English or German.
(3) Contracts between the Provider and the User shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the User has his/her habitual residence as a consumer, shall remain unaffected.
(4) The European Commission provides a platform for online dispute resolution (ODR) for consumers. This can be reached at: www.ec.europa.eu/consumers/odr. The e-mail address of the Provider is: [email protected]. The Provider is not obligated or willing to participate in a dispute resolution procedure in accordance with the German Consumers’ Dispute Resolution Act (VSBG).