These General Terms and Conditions (GTC) shall apply for all users of www.radiocore.at and the associated applications. For the sake of clarity, the gender-neutral "user" will be used from now on. Upon registration, the user enters into a contractual relationship by and between the user and radioCORE gmbH, Van Swieten-Gasse 10, 1090 Vienna, FN 475649i Commercial Court of Vienna.
The current version of the GTC is available at www.radiocore.at.
Agreements that deviate from or supplement these terms and conditions must be in writing in order to be valid. radioCORE can change the terms and conditions at any time and these changes are also effective for existing contractual relationships. Each user has the right to object to the change of the GTC within four weeks of receipt of the notification of the change. If he does not do so, apply the changed terms as accepted.
II Performance description
radioCORE acts exclusively as an intermediary and offers the user the opportunity to network and exchange information with other users after free registration. radioCORE itself does not become a contracting party between users.
V Rights and Obligations
You have the right to access, modify, correct, or delete your personal information regarding your profile, to change or remove your content and to close your account.
The radioCORE Community allows messaging and sharing of information in many ways, for example by use of your profile, links to news articles or discussions. Information and content that you share or post may be seen by other members. We are not obliged to publish any information or content on our community and are entitled to remove it in our sole discretion, with or without notice.
You agree to only provide content or information that does not violate the law or anyone's rights (e.g. violation of intellectual property rights or breaches of contract). You also agree that your profile information will be truthful.
By using the radioCORE community you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. radioCORE is in general not obliged to review content provided by the community members (Section 18 Para 1 ECG). radioCORE is not responsible for content that has been stored on behalf of a user in cases we didn’t know about the unlawful activity or information and were not aware of any facts or circumstances which would make an unlawful activity or information apparent (Section 16 Para 1 No 1 ECG). Furthermore radioCORE is not responsible provided that action has been taken to remove the information or to block access to it immediately after radioCORE has become aware of the unlawful activity or infor-mation or any facts or circumstances which would make an unlawful activity or information apparent (Section 16 Para 1 No 2 ECG).
VI Liability and Responsibility of the User
The user himself is responsible for the content of his registration, his messages, posts, and pictures. The user is not permitted to (systematically) extract content or information of other users. The user undertakes to indemnify and hold harmless radioCORE from and against damages or losses caused by him in connection to demands, claims, legal actions, etc. due to libel, defamation, infringement of privacy or intellectual property rights, due to interruption of services for other users, or a violation of these General Terms and Conditions or other rights.
The user undertakes to not use the services on www. radioCORE. at improperly, in particular:
- To not disseminate immoral, obscene, pornographic or right/left-wing, violent content or images.
- To not disseminate defamatory, offensive or unlawful material or information.
- To not threaten or harass other individuals or to infringe upon any of their other rights.
- To not upload data that contains viruses.
- To not upload data protected by copyright (except if the owner owns the copyrights or has the corresponding permissions).
- To not enter any incorrect address information.
- To not use the website in a manner that has a negative impact on the availability of the offerings for other users.
- To not intercept or attempt to intercept any information (e-mails, news, etc.).
- To not send out any chain letters, unlawful network marketing or similar things.
- To not generate traffic through illicit means.
Not adhering to the behavioral obligations mentioned above may result in the following penalties: request for comment, warning, restriction of use, deleting content, blocking access. Furthermore, radioCORE also reserves the right to take legal action.
VII Intellectual Property
radioCORE reserves all intellectual property rights in the Community Services. For example, radioCORE logos and other radioCORE trademarks, service marks, graphics, and logos used in connection with radioCORE are trademarks or registered trademarks of radioCORE or protected by radioCORE’s copyright. Other trademarks and logos used in connection with the radioCORE Community may be the trademarks of their respective owners.
The following points shall be observed:
- Users shall be responsible for confirming possible rights of third parties for the content they submit and shall assume sole liability for any possible infringement upon such rights.
- The user shall transfer to radioCORE all rights required for the use of www.radiocore.at, particularly the right to reproduce, disseminate, transfer, send, edit, extract from the database for querying in such terms of time, space, and content as required. The above-mentioned rights shall entitle us to use the information by way of using all known technical means and forms of online media.
- All content, information, logos, images, design, layouts, applications, audio files, video sequences, descriptions, figures, and graphics, etc. shall be and remain – including the associated rights – the property of the respective owner. The user does not retain any type of usage rights or exploitation rights to this material. Modifying, disseminating, reproducing, publishing, and passing on to third parties is not permitted.
- Photographers shall have the sole copyright and usage rights of the images they present. radioCORE is only an intermediary and has no rights to the content presented.
- All protected trademarks named within www.radiocore.at and potentially protected by third parties are subject to the provisions of the respective protective legislation without limitations and are the property of the respective owner. radioCORE does not assume liability on behalf of the user that the data and content submitted or provided by him are free from third-party rights. The user shall indemnify radioCORE in this regard.
- As far as the software or image, music, video files or similar offered by radioCORE are equipped with technical devices, it is not permitted to circumvent these technical devices.
radioCORE is not responsible for external content to which we made an electronic link in cases we didn’t know about the unlawful activity or information and were not aware of any facts or circumstances which would make an unlawful activity or information apparent (Section 17 Para 1 No 1 ECG). Further-more radioCORE is not responsible provided that action has been taken to remove the electronic link immediately after radioCORE has become aware of the unlawful activity or information or the facts or circumstances which would make the unlawful activity or information apparent (Section 17 Para 1 No 2 ECG).
VIII Service availability
radioCORE may change or discontinue any of the services available in this community. radioCORE may change, suspend or end any service in its sole discretion. These changes may be effective without prior notification.
The Community, is not a storage service. Using the radioCORE Community you agree that radioCORE has no obligation to store, maintain or provide you a copy of any content or information that you or others provide.
radioCORE may deny a user access to the community any time without any limitations and without reasoning.
These cookies are essential to the functioning of our website. They record information such as which user logged in on the website.
These are used for tracking purposes. For example, tracking cookies are placed by price search engines if you get to our website via a price portal link.
Mozilla Firefox: support.mozilla.org/de/kb/cookies-erlauben-und-ablehnen Internet Explorer: windows.microsoft.com/de-de/windows-vista/block-or-allow-cookies Chrome: support.google.com/chrome/answer/95647 Safari: support.apple.com/kb/PH5042 Opera: help.opera.com/Linux/9.00/de/cookies.html
radioCORE implemented appropriate security safeguards designed to protect your information in accordance with industry standards.
X Limitation of Liability
You shall agree to the following limitations of liability:
radioCORE is not liable for missed profits or other loss or damage arising from the use of the radioCORE Community or on the radioCORE Community by the content provided or electronic links unless radioCORE acts intentionally or with blatant gross negligence. For direct or indirect references to third-party websites outside of the area of responsibility of radioCORE, a liability obligation is only applicable when radioCORE knows about the content and it is technically possible and reasonable for radioCORE to prevent the use in the case of illegal content.
When radioCORE gains knowledge of electronic links, they shall be removed immediately. For illegal, erroneous or incomplete content and expenses or losses that arise from the use of such information, the provider of the page to which the reference was made shall be exclusively liable.
As far as radioCORE provides a search engine or other tools for searching third-party content, radioCORE is not responsible for the information queried, as long as radioCORE does not initiate the transfer of queried information, does not select the recipient of the queried information, and the queried information is neither selected nor changed. Liability is excluded for all other cases. Physical injuries, however, are entirely excluded from this limitation of responsibility.
There is no contractual or legal obligation to provide services to the user based on these GTC. radioCORE can therefore also not be liable for losses or expenses arising from a lack of availability of services.
The Community guidelines and standards are available under "Guidelines" and are an integrated component of these GTC.
radioCORE may change these GTC from time to time. In this case, the user will be informed about the changes by e-mail. Such an e-mail will contain a link that leads to the changed GTC.
Changes which concern the handling of your personal data or the data protection provisions require your express consent. For this purpose, a link is sent out via e-mail in which you can confirm the suggested changes by clicking on an agree button. When consent is not granted, the use of the radioCORE Community is no longer possible.
XI Cancellation/Termination of the Contractual Relationship
The user has the right to terminate the contract for his use of www.radiocore.at at any time with immediate effect. The user terminates the contract by deleting his own user account.
radioCORE may terminate the contract at any time without notice. The contractual relationship is terminated automatically when radioCORE discontinues your say.
In the event that radioCORE is sold or parts thereof to a third party, the user will consent to a transfer of the contractual obligations.
XII Applicable Law
This agreement is exclusively subject to Austrian Law. All legal disputes arising from this contract are subject to Austrian Law. The applicability of UN sales law shall be excluded. Domestic jurisdiction shall be agreed upon. If the matter is a not considered a consumer transaction (in which case § 14 Austrian Consumer Protection Act shall apply), the court having subject-matter jurisdiction at the registered offices of radioCORE should exclusively have local jurisdiction. The place of performance is at radioCORE registered offices.
XIII Severability clause
Should individual provisions of this agreement be rendered ineffective or unenforceable or rendered ineffective or unenforceable after concluding the contract, the effectiveness of the contract shall otherwise remain unaffected. The ineffective or unenforceable provisions shall be replaced by those effective and enforceable provisions which most closely match the effects of the economic purpose which the contractual parties pursued with the ineffective or unenforceable provision. The above-mentioned provisions shall apply correspondingly for the case that the contract is shown to have omissions.
This agreement is exclusively subject to Austrian Law.
Version: February 2018