PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT USE THIS WEBSITE OR ANY OF THE SERVICES AVAILABLE THROUGH IT. BY USING THIS WEBSITE AND/OR ANY OF THE SERVICES AVAILABLE THROUGH IT, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS SET OUT BELOW. PLEASE PRINT AND KEEP A PAPER COPY AND/OR RETAIN AN ELECTRONIC COPY OF THESE TERMS AND CONDITIONS FOR YOUR RECORDS.
The following terms and conditions govern the contractual relationship between radio.de GmbH, Mühlenkamp 59, 22303 Hamburg, Germany, registered at the register court in Hamburg under HRB 102273 (hereinafter referred to as "Operator") and the users of the audio services offered by the Operator (hereinafter referred to as "Users"/“User”). The Operator's services are offered via the Internet, including at but not limited to the URL "radio.net," and are available as an application in connection with third-party offers on the Internet and on (terminal) devices. Unless otherwise specifically excluded, the terms of this agreement shall apply to any other arrangements entered into with the User. These terms and conditions shall also apply to future contracts with Users even if their application is not expressly referred to again. Deviating terms and conditions are only effective if the Operator agrees to their application in writing.
The operator has created a database consisting essentially of references (hyperlinks) to audio streams and podcasts of third parties (hereinafter "audio sources") as well as editorial content (hereinafter "database") and has developed software with a user interface which enables User to access the database using search functions and graphical representations as well as to play these audio sources in his own browser or (terminal) device (hereinafter "software"). The subject of the contract is the provision of technical services by the Operator and the granting of rights of use to the database and the software. The provision of the services, the database, the software and the other technical components of the service - regardless of whether the provision is made via the portal radio.net, another internet portal, an application available on the internet or on a (terminal) device or in any other way - is hereinafter referred to collectively as "radio.net".
This agreement concerning the provision of the free (at no charge) services is entered into and shall continue unless or until it is terminated by either party at any time and for any reason.
(1) Insofar as radio.de enables the use of third-party services subject to a charge (e.g. iTunes, Amazon), a contract is concluded exclusively between the User and the external provider without the participation of the operator.
(2) In the event the Operator offers premium, subscription or other paid services, it will inform the User accordingly. The User shall further be informed of the costs and fees associated with such services as well as any other terms governing their use and/or provision.
(1) Under this contract, the Operator grants Users only the right to use the software and database provided by the Operator for the private (noncommercial) purpose of finding and playing the audio sources. Further use of radio.net, in particular reproduction, distribution, communication to the public and decompilation, is not permitted without express permission.
(2) Insofar as music is being played at radio.de, the User is responsible for all forms of use that go beyond mere playing.
(3) All further rights to the elements and content of radio.net are reserved and must be licensed separately from the Operator and/or the other holders of the rights. This applies in particular to local storage, reproduction, distribution and communication to the public of any element of the service or any material derived from it.
(1) The User agrees to use any information obtained from the service and/or the Operator in good faith and shall refrain from using such information to harm third parties.
(2) The User is prohibited from using information obtained from radio.net for advertising purposes on other channels.
(3) The User undertakes to indemnify the Operator against any claims of third parties which are brought against the Operator due to a breach of a contractual obligation or an infringement of third-party rights by the User. This also includes the reasonable costs of legal representation. Further legal claims of the Operator remain unaffected.
(1) Subject to the regulations in the following paragraphs (2) to (6), the Operator is liable, regardless of the legal basis, only for damages caused by intentional or grossly negligent conduct of the Operator, its legal representatives, employees or vicarious agents.
(2) For damages caused by grossly negligent behavior of vicarious agents of the Operator, liability is limited to such damages which typically have to be expected within the scope of the present contract.
(3) The Operator is only liable for damages caused by the Operator, his legal representatives, employees or vicarious agents neither intentionally nor grossly negligently if an essential contractual obligation is violated. A contractual obligation is essential if its fulfilment makes the proper execution of the contract possible in the first place and if a user can regularly rely on its observance.
(4) As far as the Operator makes it easier for the User to access audio streams and websites of third parties via radio.net, he assumes no liability for the contents of these offers. The respective providers themselves are responsible for the content, in particular for any infringements of copyrights, industrial property rights and personal rights caused thereby.
(5) A possible liability of the Operator for damages from injury to life, body or health, from the assumption of a guarantee or a procurement risk as well as according to the product liability law remains unaffected by the regulations of this § 7.
(6) As far as the liability of the Operator is excluded or limited according to the above paragraphs, this also applies to the benefit of the employees of the Operator in the event of their direct use by the User.
(1) Modifications, amendments and side agreements to this agreement must be made in writing between the parties.
(2) In the event any of the preceding provisions is invalid, the invalid provision shall be replaced by a provision that most closely approximates the invalid provision's intended legal purpose.
(3) The courts of Hamburg, Germany shall have exclusive jurisdiction to settle any dispute which may arise out of or in connection with this agreement if the User is a merchant. The same applies in the event the User is a consumer and was at the time of the conclusion of the agreement domiciled or habitually resident in Germany or its domicile or habitual residence is not known at the time an action is commenced.
(4) This agreement shall be governed by and construed in accordance with German law excluding the conflict of laws rules.