“Provider” within the meaning of the following provisions is radio.de GmbH, Mühlenkamp 59, 22303 Hamburg, Germany, registered with the Local Court of Hamburg under HRB 102273, telephone: +49 40 - 570 065 150, email: [email protected].
The Provider has created a database that essentially consists of references (hyperlinks) to audio streams and podcasts offered by third parties (hereinafter “Audio Sources”) as well as editorial content (together hereinafter the “Database”), and has developed software with a user interface that enables access to the Database using search functions and graphical representations as well as the playback of Audio Sources in the user’s own browser or own end device (hereinafter “radio.net”).
The following provisions apply to the free of charge use of radio.net by users with the exception of Sections 4 and 5. In this case, the Provider is financed through the revenue generated by the advertising placed by the Provider (e.g., display advertising and audio/video advertising before and after the playback of the Audio Sources).
“Free of charge” refers exclusively to whether the use of radio.net requires the payment of money.
For paid subscription agreements that allow access to radio.net without advertising placed by the Provider, Sections 4 and 5 of the following provisions apply in addition. Such subscription agreements may be concluded exclusively via an app store (Apple App Store or Google Play Store) or via the Provider’s website. In the case of a purchase via an app store, the contract is concluded with the respective app store operator. In the case of a purchase via the Provider’s website, the contract is concluded with the seller, FastSpring B.V., De Cuserstraat 91, 1081 CN Amsterdam, Netherlands (hereinafter “Fastspring”). In both cases, the terms of use or terms and conditions and data protection provisions of the respective contracting partner apply additionally.
The Provider also reserves the right to provide special terms of use for services requiring registration, which will be incorporated in each case as part of the registration.
(1) To use radio.net, an internet connection of ordinary quality and speed is required. For use of radio.net via a web application, a current browser is required; for 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 respective current version or in an older version currently supported by the Provider (see Support Center). The Provider is not obliged to support operating systems or versions thereof on a permanent basis.
(2) The Provider is not obliged to provide specific functionalities, content, or a specific appearance of radio.net, but may design and continuously redesign them at its own discretion. The Provider is further entitled at any time to modify the services made available by it via radio.net, to make new services available free of charge or for a fee, and to discontinue the provision of all services. In doing so, the Provider will consider Users legitimate interests.
(3) Users have no claim to the use of a specific version of the software. In the interest of all Users, the Provider strives to improve the software and expand it in a reasonable manner, thereby continuously enhancing its usefulness. The Provider therefore expressly reserves the right to further develop the software. As part of such further developments, the Provider may, at its own discretion, modify, add, or remove functionalities and adjust input masks, design and appearance, and other components of the front-end and back-end. Users have no claim to updates. Users may not derive any rights against the Provider from updates performed. The Provider is in any case entitled to adapt the systems of the software to current security requirements at all times. The provisions of this paragraph shall apply accordingly with respect to the Database.
(1) The use of radio.net is permitted only to persons who have reached the age of 18. Persons who have reached the age of 16 but not yet 18 may use radio.net only with the consent of their legal representatives.
(2) Users are permitted to use radio.net for private purposes of locating and playing Audio Sources. Any further use of radio.net, in particular use for commercial purposes or reproduction, distribution, or making available to the public, is not permitted.
(3) Insofar as audio sources are played back within the scope of the use of radio.net, users are responsible for any types and forms of use that go beyond purely private simple playback.
(4) All further rights to the elements and content of radio.net, the software, the Database, and the Audio Sources are reserved and must be separately licensed from the Provider or the rights holders. This applies in particular to local storage, reproduction, distribution, making available to the public, playback, display, and any form of downloading or recording (except for downloading podcast episodes for private use).
With regard to data protection, reference is made to the Data Protection Policy, which sets out the nature, scope, and purpose of the collection, processing, and use of Users’ personal data. The Data Protection Policy is available at any time on the Provider’s website (radio.net) in printable form via the “Privacy Policy” button.
(1) Users have the option to conclude a paid subscription via the Provider’s website or an app store. Subscribers are exempt from Provider-placed advertising, meaning that during the use of radio.net no display/banner advertising is shown and no audio or video advertising is shown before, after, or during the playback of Audio Sources (hereinafter “Prime Subscription”). For clarification: Entering into a Prime Subscription merely results in the Provider refraining from displaying any advertising and does not render the service entirely ad-free, as the audio sources themselves may still contain advertising.
(2) Users may enter into a Prime Subscription either via the Provider’s website and a user account created there (“Website Purchase”) or via an app store (Google Play Store or Apple App Store) (“In-App Purchase”). In the case of an In-App Purchase, the contract for the Prime Subscription is entered into exclusively with the respective app store, and in the case of a Website Purchase, exclusively with FastSpring. The Provider has no influence on the design of the contractual terms of the respective contracting partner, particularly not on the sales, withdrawal, and cancellation conditions. By placing a paid order for the Prime Subscription, Users agree, in addition to these Terms of Use and the Provider’s Privacy Policies, to the general terms and conditions and privacy policies of the respective contracting partner.
(3) Offers displayed on the website or in the App constitute merely invitations to submit an offer and do not constitute legally binding offers to enter into a contract.
(4) The subscription term, automatic renewal, and the options and notice periods for termination of the Prime Subscription depend on the Prime Subscription option selected and will be displayed to Users prior to the conclusion of the Prime Subscription on the subscription layer and after conclusion of the Prime Subscription in the respective app store or in the User Account under “Account and Subscription Management”. If the App is uninstalled during an active Prime Subscription, this does not terminate the Prime Subscription, which may only be terminated by cancellation. Upon the effectiveness of the termination, the right to use the Prime Subscription within the App expires.
(5) The Provider informs Users that they are entitled to statutory warranty rights for digital products.
(6) The Provider informs Users that, when entering into a distance contract (§ 312c German Civil Code), Users are entitled to a statutory right of withdrawal. If the right of withdrawal has not effectively expired, it must be exercised against the relevant contracting partner (not the Provider).
(1) To conclude a paid subscription via the website, Users must first register on the website, i.e., create a User Account using a valid email address and by setting a secure password while confirming their acknowledgment of these Terms of Use and the Privacy Policies.
(2) Holders of a User Account are responsible for any authorized use of their username and password and for any unauthorized use that they could have prevented by exercising due care. In the event of loss or theft of the username or password, or indications that a third party has gained unauthorized access to the account, holders of a user account must immediately contact the Provider and change their password via account management. Holders of a user account are not permitted to grant third parties access to radio.net via their User Account. In the event of a violation of the foregoing prohibition, the Provider is entitled to block and/or delete the user account.
(3) Users may have their user account deleted at any time. For this purpose, an email sent from the email address stored in the account to [email protected] stating the request for account deletion is sufficient. Existing subscription agreements remain unaffected, and their term and notice periods are governed by the applicable contractual provisions of the respective contracting partner.
(1) The Provider points out that it merely facilitates Users’ access to Audio Sources and/or third-party websites via radio.net but does not have knowledge of the content and does not assume liability for it. For the content, particularly for violations of copyright, industrial property rights, personality rights, or criminal law resulting therefrom, the respective providers are solely responsible.
(2) Users’ claims for damages against the Provider are excluded. Excluded from this are claims for damages by Users resulting from injury to life, limb, health, or from breaches of a material contractual obligation, fulfilment of which is essential for the proper performance of the contract and the observance of which the Customer may regularly rely on, as well as liability for other damages based on intentional or grossly negligent breaches of duty by the Provider, its legal representatives, or vicarious agents.
(3) In the event of a breach of essential contractual obligations, the Provider shall be liable only for foreseeable, typical damages if caused by slight negligence, unless Users’ claims for damages arise from injury to life, body, or health.
(4) The limitations resulting from paragraphs 2 and 3 do not apply if the Provider has fraudulently concealed a defect or assumed a guarantee for the characteristics of the product. The same applies if the Provider and the User have entered into an agreement concerning the characteristics of the product. The provisions of the Product Liability Act remain unaffected.
(5) The limitations set out in paragraphs 1 through 3 also apply for the benefit of the Provider’s legal representatives, employees, and vicarious agents if claims are asserted directly against them.
(1) Users may access and save the current version of these Terms of Use of the Provider at any time at https://www.radio.net/terms-and-conditions, and may view them in the App under “App Informationen”.
(2) The law of the Federal Republic of Germany shall apply. The UN Convention on Contracts for the International Sale of Goods shall not apply. The statutory provisions on the limitation of the choice of law and on the applicability of mandatory provisions, particularly of the state in which the User, as a consumer, has their habitual residence, remain unaffected.
(3) The Provider is neither obliged nor willing to participate in a dispute resolution procedure under the German Consumer Dispute Resolution Act (“Verbraucherstreitbeilegungsgesetz”).
Netherlands