Our General Terms and Conditions

IMPORTANT NOTICE
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 apply to your use of the website www.radio.net and by using the website you (the “User”) agree to enter into a legally binding contract with radio.de GmbH, Mühlenkamp 59, 22303 Hamburg, Germany, registered at the register court in Hamburg under HRB 102273 (the “Operator”). The Operator’s services are offered via the Internet, including at but not limited to the URL “www.radio.net,” and are available as an application in connection with third-party offers on the Internet and on client devices. Use of the Service is subject to the following terms, even if the place of use is outside of the territory of the United Kingdom. Unless otherwise specifically excluded, the terms of this agreement shall apply to any other arrangements entered into with the User.
The Operator reserves the right to update this agreement at any time. If this occurs, the Operator will publish the amended version on the radio.net website. The amended agreement will take effect from the time it is first published on the Service, and from then on will govern the relationship between the User and the Operator in respect of use of the Service. If the User does not agree with the amended terms and conditions, s/he may not continue to use the Service after the time on which the amended terms and conditions are published on the website.

§ 1 About this agreement and the services

The Operator has created a database composed of audio streams, bundled audio content, music titles, links and editorial content as well as software with a user interface that enables the User to access the database using search functions and graphic displays (the “Service”). This agreement sets out the terms upon which the Operator will provide services to the User and grant certain limited rights to use the Service.

§ 2 Term and termination

This agreement concerning the provision of services at no charge is entered into and shall continue unless or until it is terminated by either party at any time and for any reason.

§ 3 External / additional services

1. Where content, information, software, or other material or services supplied by third parties are available via the Service, the User may need a licence from such third parties, and may need to agree to other terms and conditions, which will govern his/her relationship with such providers in relation to his/her use of such content, information, software, or other material or services. The Operator will not be a party to the User’s agreements with such third parties and therefore the User should read their terms carefully and ensure that s/he is happy to be bound by them before s/he uses any such content, information, software, or other material or services.
2. The Operator does not endorse and is not responsible for the contents or privacy practices of any third party services which are linked to on the Service. The Operator shall not be responsible or liable for any loss or damages caused by use of or reliance on any content, goods or services available on such services.
3. Where content, information, software, advertising and any other material or services are supplied by third parties, the User acknowledges and agrees that the Operator cannot control and does not purport to endorse such content, software or services in any way. All third party content, software or services that are made available through the Service are offered in good faith but the Operator does not (to the extent permitted by applicable law) accept any responsibility for the accuracy, reliability, timeliness, or otherwise of such content, software, advertising or other material or services (whether published on or offline) or for the use, download and/or installation of such content, software, advertising or other material or services.
4. 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.

§ 4 Grant of rights

1. Under this agreement, the Operator grants to the User solely the right to use the Service provided by the Operator for non-commercial domestic purposes only. Any other use of the Service, including but not limited to duplication, distribution and decompilation, is prohibited unless expressly authorized by the Operator in writing.
2. All other rights to the elements and contents of the Service are hereby reserved and subject to separate licensing by the Operator and/or the other rights-holders. For the avoidance of doubt, the Operator strictly prohibits the local storage, duplication, dissemination and publication of any element of the Service or any material derived from it.
3. If the User introduces its own content to the Service, including but not limited to playlists or comments, the User hereby grants the Operator and its affiliates a perpetual, world-wide, royalty-free, irrevocable license to use such content for any purpose whatsoever. The User warrants and represents that the content which s/he posts and/or introduces on to the Service is not unlawful or misleading and that the User has the full right or has been granted the full right to make such content available for any purposes whatsoever including the distribution, making available or otherwise making use of the content and further that such rights are freely transferable to the Operator and any other third party. The User indemnifies and holds the Operator harmless from all claims arising as a result of a breach of its obligations under this provision.

§ 5 User’s additional duties

1. By registering with the Service, the User agrees to hold personal login information (user name and password) in strict confidence. Login details must not be shared with anyone. If the User fails to comply with this obligation, the Operator will not be responsible for any losses suffered by the User as a result. The User must notify the Operator immediately of any unauthorized use of his/her account or any other breach of security regarding any activity on the Service that comes to the User’s attention. The User is liable to the Operator for damages caused by the unauthorized use of his/her login information if and to the extent that the User intentionally or negligently facilitated such unauthorized third-party use.
2. 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.
3. The User agrees to indemnify the Operator from any third-party claim asserted against the Operator as a result of a (i) breach of contractual duties or (ii) infringement of third-party rights, attributable to the User, including but not limited to reasonable legal costs.

§ 6 Privacy

When the User registers on the Service, s/he will need to give the Operator certain personal information including his/her name and e-mail address and any other details (for example, a post code) that the Operator may require as part of the registration process, and the User must agree to the Operator’s processing of his/her personal information, in accordance with the Privacy Terms and all applicable privacy laws. The Privacy Terms are hereby incorporated by reference. The Privacy Terms specify the nature, scope and purpose of the collection, processing and use of the User’s personal information. These terms may also be viewed and printed by clicking on the button “Privacy Terms” on the Operator’s website (www.radio.net). If the User does not agree with the terms and conditions of the Privacy Terms, s/he should not create an account on the Service and may not access such content and services through the Service.

§ 7 Limitation of liability

1. Nothing in this agreement excludes, restricts or affects the User’s statutory rights.
2. To the maximum extent permitted under applicable law, the Operator hereby excludes all other express or implied terms and conditions, conditions, warranties, representations or endorsements whatsoever with regard to any content, information, material, software or other items or services provided through the Service including those as to availability, quality, timeliness, performance, or fitness for a particular purpose.
3. The Operator shall not be liable for any loss or damage resulting from the illegal, incorrect or inappropriate use of any content, information, material, software or other item or service by the User or anyone else whilst the content is in the User’s possession or while the User is receiving such service.
4. The Operator shall strive for the highest possible degree of availability of its services. However, due to the nature of the Internet and the uncertainties associated with it, as well as for technical reasons (server backup, maintenance, updates, etc.), the Operator cannot guarantee that the Service will be available without any interruption. Accordingly, no liability is assumed for damages or losses (including loss of data) caused by service outages, limited availability, technical disruptions, delays, viruses or similar causes.
5. The Service includes data generated by third parties and users which has been transmitted to and collated by the Operator. Subject to the other provisions of this clause 7, the Operator shall not be liable for any information that the User or any other third party places on the Service or any reliance placed on it by the Users or third parties.
6. As set out at clause 3 above, to the extent the Operator facilitates the User’s access to radio streams and third-party Internet pages via the Service, it assumes no liability for the contents of such sites. Only the providers themselves are responsible for such content, including the possible infringement or violation of third party rights including but not limited to intellectual property rights, industrial property and personal rights.
7. The Operator does not accept liability for any loss which is not a direct and reasonably foreseeable consequence of the relevant breach of the terms of this agreement or which is consequential, even if the Operator has previously been advised of the possibility of such loss.
8. The Operator excludes all liability, to the extent permitted by law, for any losses or damages suffered by the User from the use, listening or viewing (or attempted use, listening or viewing) of/to content in countries other than the UK.
9. The User is responsible for ensuring that his/her computer system meets all relevant technical specifications necessary to use, and is compatible with, the Service. The Operator does not make any warranty that the Service or its servers are free from viruses, worms, cancelbots, “Trojan Horses” or anything else that has contaminating or destructive properties. The Operator shall not be liable for any damage to, or viruses that may infect the User’s computer equipment or other property following his/her access to, use of, or browsing on the Service or accessing of any content, information, material, software or other item or service. The User is responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy its particular requirements for the accuracy of data input and output.
10. Save in the case of death or personal injury caused by the Operator’s negligence or the negligence of its employees, or where the Operator has acted fraudulently, the Operator’s total liability to the User under this agreement for any losses suffered by the User will never exceed £100.
11. The User shall compensate the Operator in full in respect of any losses, liabilities, damages, expenses or costs (including legal fees and expenses), arising from or in connection with any third party claim, suit or proceeding brought against the Operator which arises out of, results from or is related to any breach by the User of the terms of this agreement.

§ 8 Terms of use for interactive elements

1. The User is prohibited from providing or otherwise making commercial advertising available to other users of the service or third parties using the Service’s technical infrastructure, including but not limited to any means of electronic communication (e.g., email, forum chat, instant messaging) as well as user-profile design within the portal www.radio.net or as part of applications. The User is further prohibited from using third-party information obtained from the Service for any marketing purposes.
2. The User is solely responsible for all User-provided information within the Service. The User warrants and represents that the data provided is correct and any personal information supplied fairly represents the User.
3. Except as otherwise expressly permitted by this agreement or under applicable law, the User agrees not to post, transmit or otherwise make available any unlawful, harmful, threatening, abusive, defamatory, vulgar, immoral, obscene, pornographic, violent, discriminating, extremist, politically radical, racially, ethnically or otherwise objectionable material of any kind within the Service. Moreover, the User shall not disseminate or grant access within the Service to contents which infringe the intellectual property rights, industrial property rights or other rights of any third party.
4. Should the User breach any of the provisions of subsections (1) through (3) above, the User shall indemnify the Operator from any and all third-party claims. This subsection shall have no effect on any other legal claims which the Operator may raise.
5. The Operator shall have the right, but is not obligated, to review the content of each posting, photo or graphic file for its compliance with applicable law or these terms and conditions, and to change, report or delete such contents solely at its own discretion.

§ 9 Miscellaneous

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 Operator reserves the right to assign or sub-contract any or all of its rights and obligations under this agreement. This agreement is personal to the User and is entered into by the User for his/her own benefit and not for the benefit of any third party.
4. 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.
5. This agreement shall be governed by and construed in accordance with German law.