Terms of Use

1. Scope and provider

These Terms of Use govern the use of the website, the live stream and the mobile app of RADIO 001 (together, the "service"). The provider and your contracting party is METROPOL FM GmbH, Potsdamerstraße 141, 10783 Berlin, Deutschland. Further mandatory details are set out in the imprint.

Contact: [email protected]

Phone: +49 30 217 970-0

These terms apply exclusively. Deviating or supplementary terms of the user do not become part of the contract unless we expressly agree to them in text form.

2. Subject matter of the service

The service comprises in particular listening to the live stream and — after free registration — favourites and "My Top 40", comments on tracks, song requests, voice messages, participation in polls and contests, feedback, badges and push notifications.

All functions are provided free of charge. There is no entitlement to uninterrupted availability. We may change, extend, restrict or discontinue individual functions at any time, provided this is reasonable for you and the character of the service is preserved. The live stream itself may also be interrupted for technical reasons such as maintenance, faults or outages at transmission providers.

3. Membership and access data

• Registration requires a minimum age of 16.
• You must provide a valid email address of your own. Please keep it up to date so that we can reach you.
• The user account is personal. It may not be transferred, sold or made available to third parties.
• Keep your password confidential and do not pass it on.
• If you suspect that third parties are misusing your account, please inform us without delay at [email protected] and change your password.

4. Conclusion of contract, term and termination

The user contract is concluded once you submit the registration form and complete the confirmation of your email address sent to you afterwards. The contract runs for an indefinite period.

You may delete your account yourself at any time and without giving reasons — via the account settings on the website or in the app. Deletion terminates the contract.

We may terminate the contract by ordinary notice of 14 days in text form. The right to terminate for good cause remains unaffected; good cause exists in particular in the event of serious or repeated breaches of these terms. In such cases we may suspend or close the account with immediate effect.

5. Charges and right of withdrawal

Use of the service is entirely free of charge. We currently offer no paid services, subscriptions or sales. As no contract for consideration is concluded, no statutory right of withdrawal arises and no withdrawal instruction is therefore required.

Should we offer paid functions in the future, separate terms will apply which we will make expressly available to you before the contract is concluded. In that case the statutory consumer right of withdrawal under §§ 312g, 355 German Civil Code (BGB) applies in full.

6. User content and grant of rights

Comments, song requests, voice messages, feedback and other contributions you submit are user content. You warrant that you hold the necessary rights to this content and that it does not infringe the rights of third parties — in particular no copyright, trade mark, personality or data protection rights.

You grant us a simple (non-exclusive), free of charge licence, unlimited in territory and time, to use, reproduce and make publicly available your content within the programme of RADIO 001 and on our online channels, and to shorten it for editorial reasons. This licence is revocable: you may withdraw it at any time with effect for the future by deleting the contribution or writing to us at [email protected].

For broadcasting voice messages on air we additionally obtain your separate, express consent. This consent may likewise be withdrawn at any time with effect for the future. There is no obligation on our part to publish submitted content.

7. Content moderation, prohibited content and complaint procedure (Arts. 14, 16, 17 DSA)

The following information also constitutes our statement on content restrictions and moderation procedures within the meaning of Art. 14 of Regulation (EU) 2022/2065 (Digital Services Act — DSA).

The following are prohibited in particular:

• Illegal content of any kind, in particular criminal content and the glorification or preparation of criminal offences.
• Hate speech and discrimination on grounds of origin, nationality, colour, religion, belief, disability, age, sex, sexual orientation or identity.
• Threats and harassment, insults, bullying, intimidation and incitement to violence.
• Disclosure of personal data of third parties, such as names, addresses, telephone numbers or images without their consent ("doxxing").
• Spam and advertising, commercial promotion, chain letters, link dumping and repeatedly identical contributions.
• Copyright infringement and infringement of trade mark, personality and other protected rights of third parties.
• Misleading information, in particular demonstrably false statements of fact and disinformation.
• Content contrary to the protection of minors, in particular pornographic content, glorification of violence or other content harmful to young people.

How we moderate: comments are reviewed by members of our editorial team before publication (pre-moderation). No decision is taken by automated means alone; we do not operate algorithmic systems that independently decide on publication, removal or suspension.

Possible measures: non-publication of a contribution, subsequent removal, restriction of individual functions (for example comments, song requests or voice messages), temporary suspension of the account or its closure.

Statement of reasons (Art. 17 DSA): if we do not publish a contribution, remove it or restrict your account, we will notify you of the decision together with its reasons. The statement names the rule concerned, the facts we relied on, whether automated means were used and the redress available to you.

Complaint against our decision: you may object to the decision within six months of receiving the statement of reasons. Please address your complaint to [email protected]. The complaint is reviewed by a person who was not involved in the original decision, and we will inform you of the reasoned outcome. Recourse to the ordinary courts and out-of-court dispute settlement remain open to you regardless.

Notice of illegal content (Art. 16 DSA): you may report illegal content at any time using the form on our report content page or by email to [email protected]. Please state where the content is located, why you consider it unlawful, and leave contact details for queries. We confirm receipt, handle notices promptly, diligently and in a non-arbitrary manner, and inform you of our decision. We process notices and complaints in the following languages: Deutsch, English, Türkçe.

Our community rules apply in addition.

8. Prohibited use

• Automated access, extraction or systematic copying of content ("scraping") unless expressly permitted.
• Redistribution, retransmission, recording for distribution or embedding of the live stream without our prior written consent.
• Circumventing, disabling or interfering with security, access or moderation mechanisms.
• Actions liable to place an excessive load on our infrastructure or to impair its operation.
• Use of false identities, impersonation of another person and creating multiple accounts to evade measures.

9. Intellectual property

The programme, the live stream, the logo, name and trade mark of RADIO 001 as well as all texts, images, graphics, audio files and software components of the service are protected by copyright and trade mark law. Beyond private, non-commercial use within the statutory limitations, any reproduction, adaptation, distribution or communication to the public without our prior consent is not permitted.

10. Liability and indemnification

We are liable without limitation for intent and gross negligence, for damage arising from injury to life, body or health, and under the provisions of the German Product Liability Act.

In the case of slight negligence we are liable only for breach of a material contractual obligation (cardinal obligation) — an obligation whose fulfilment is essential to the proper performance of the contract and on whose observance you may regularly rely. In that case liability is limited to the typical damage foreseeable at the time the contract was concluded.

Any further liability is excluded. In particular we are not liable for disruptions of third-party transmission paths, for the content of external websites to which we link, or for user content whose unlawfulness is unknown to us.

Indemnification: you indemnify us against all claims asserted against us by third parties on account of content you have submitted or a breach of these terms for which you are responsible. The indemnity also covers the reasonable costs of the necessary legal defence.

11. Data protection

How we process personal data is explained in our privacy policy. Please direct data protection enquiries to [email protected].

12. Amendments to these terms

We may amend these terms with effect for the future where this is necessary because of a change in the law or case law, technical developments or a change to the range of functions, and where this does not place you at an unreasonable disadvantage.

We will inform you of intended amendments at least six weeks before they take effect, by email to the address you have provided or by notice in the app. If you do not object before the amendments take effect, they are deemed accepted. We will point out this consequence, your right to object and the deadline separately in the notice of amendment. If you object, either party may terminate the contract.

13. Applicable law and place of jurisdiction

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer habitually resident in another state, the mandatory consumer protection provisions of that state remain unaffected.

The exclusive place of jurisdiction is 10783 Berlin, provided you are a merchant, a legal entity under public law or a special fund under public law.

14. Dispute resolution

Wir sind nicht bereit und nicht verpflichtet, an Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle teilzunehmen.

15. Severability

Should individual provisions of these terms be or become wholly or partly invalid, the validity of the remaining provisions remains unaffected. The statutory provisions take the place of the invalid provision.