Terms of Use
General terms of use
“Provider,” as used in the following terms, refers to Radiozeit GmbH, located at Voltastraße 1, 14482 Potsdam-Babelsberg, Germany, registered with the Potsdam District Court under HRB 39606, and contactable via email at office@radiozeit.de.
The Provider has developed a database primarily composed of references (hyperlinks) to audio streams (referred to as “Audio Sources”) and editorial content (collectively known as the “Database”). Additionally, the Provider has created software with a user interface that allows access to this Database using search functions and graphical illustrations, enabling playback of the Audio Sources on the user’s browser or terminal device (referred to as “Radiozeit”).
The following terms exclusively govern the free use of Radiozeit by users (referred to as “Users”), except for § 4. In this context, the Provider is funded through revenue generated from advertising placed by the Provider (e.g., display advertising and audio/video advertising before and after the Audio Sources play).
For paid subscription contracts that offer access to Radiozeit without advertising from the Provider, § 4 of the following provisions also applies. Since these subscriptions can only be obtained through in-app purchases, the terms of use, conditions, and privacy policies of the respective app store also apply.
The Provider reserves the right to establish special terms of use for services that require registration, which will be incorporated during the registration process.
§ 1 Basics of Radiozeit Provision
1. To use Radiozeit, a standard internet connection is required. For web application use, an up-to-date browser is necessary; for mobile application use (referred to as “App”), a compatible mobile device with the latest or a supported older version of the Android or iOS operating system is required (see Support Center). The Provider is not obligated to continuously support operating systems or their versions.
2. The Provider is not obligated to offer specific functionalities, content, or appearance of Radiozeit but may modify and redesign them at their discretion. The Provider may change the services provided via Radiozeit, introduce new services (free or paid), and discontinue services at any time, considering the Users’ legitimate interests.
3. Users do not have a right to use any specific version of the software. The Provider strives to enhance and expand the software for all Users, reserving the right to develop it further. Modifications, additions, and removals of functionalities, design changes, and other component adjustments of the front and back end may occur at the Provider’s discretion. Users are not entitled to updates and cannot claim any rights against the Provider for updates performed. The Provider may also update software systems to meet current security requirements. These provisions apply similarly to the Database.
§ 2 Permitted Scope of Use
1. Users may use radiozeit.de for private purposes to locate and play Audio Sources. Any further use, especially for commercial purposes or reproduction, distribution, or public disclosure, is not allowed.
2. Users are responsible for any use of Audio Sources beyond private playback while using Radiozeit.
3. All other rights to Radiozeit’s elements, content, software, Database, and Audio Sources are reserved and must be licensed separately from the Provider or the respective rights holders. This includes local storage, duplication, distribution, public availability, reproduction, and downloading (except downloading podcast episodes for private use).
§ 3 Data Protection
Data protection is governed by the data protection regulations, outlining the nature, scope, and purpose of collecting, processing, and using Users’ personal data. These regulations are accessible and printable at any time on the Provider’s website (Radiozeit) via the “Privacy Policy” button.
§ 4 In-app Purchase of a Premium Subscription
1. Through the App, Users can purchase a paid subscription (referred to as “Premium Subscription”) via in-app purchase. This subscription removes display/banner advertising and audio or video ads shown by the Provider before, after, or during Audio Sources playback. Note: The Prime Subscription only eliminates advertising placed by the Provider; Audio Sources may still contain ads.
2. Premium Subscription contracts, including payment and cancellation, are handled exclusively through the respective app store. The Provider has no control over the purchase and payment process or cancellation process.
3. The term, automatic renewal, cancellation options, and notice periods for Premium Subscriptions depend on the selected option and are displayed to Users before concluding the subscription and in the respective app store afterward. Uninstalling the App does not terminate the Premium Subscription; only cancellation does. The right to use the Premium Subscription within the App expires upon effective cancellation.
4. The Provider informs Users of their statutory right to liability for defects in digital products.
5. Users have a statutory right of withdrawal for distance selling transactions. If this right has not expired, it must be exercised with the app store operator, not the Provider.
§ 5 Limitation of Liability
1. The Provider only facilitates access to Audio Sources and third-party websites via Radiozeit and does not accept liability for third-party content. The respective providers are solely responsible for their content, including any copyright, industrial property rights, personal rights, or criminal law violations.
2. User claims for damages against the Provider are excluded, except for damages arising from injury to life, limb, health, or breaches of essential contractual obligations (cardinal obligations), or damages based on intentional or grossly negligent breaches by the Provider, their representatives, or agents. Essential contractual obligations are those necessary to fulfill the contract’s purpose, which Users can regularly rely on.
3. For breaches of essential contractual obligations, the Provider is only liable for foreseeable, contract-typical damages caused by simple negligence unless the damages involve injury to life, limb, or health.
4. The limitations from paragraphs 2 and 3 do not apply if the Provider fraudulently concealed a defect or assumed a guarantee for an item’s quality. They also do not apply if the Provider and User agreed on an item’s quality. The provisions of the German Product Liability Act remain unaffected.
5. These limitations also apply to the Provider’s representatives and agents if claims are made directly against them.
§ 6 Final Provisions
1. Contracts between the Provider and Users are concluded in English or German.
2. Users can access and save the current version of these Terms of Use at https://b2b.radiozeit.de/terms-of-use and view them in the App settings under “App Information”. The Provider does not save the specific contract text.
3. Contracts between the Provider and Users are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. Statutory provisions on law choice restrictions and mandatory provisions, particularly those of the User’s consumer habitual residence, remain unaffected.
4. The European Commission provides an online dispute resolution (ODR) platform for consumers at www.ec.europa.eu/consumers/odr. The Provider’s email is office@radiozeit.de. The Provider is not obligated or willing to participate in dispute resolution under the German Consumers’ Dispute Resolution Act (VSBG).