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By using the netcast.com website, or by using the application "netcast", you are entering into a binding contract between you (the "User"), and Baidu Europe B.V. ("Baidu, or the "Provider"), the operator of the website and applications, under the following Terms and Conditions.
(1) To use netcast.com, users initially need a standard internet connection. For accessing netcast.com via a web application, an up-to-date browser is required. For using netcast.com via mobile applications (referred to as "App"), users need a mobile device compatible with the Android or iOS operating system, in the latest version or an older version supported by the Provider (refer to the Support Center). The Provider is not obligated to provide permanent support for operating systems or versions.
(2) The Provider is not obligated to provide specific functionalities, content, or a particular appearance of netcast.com. They may design and continuously modify them at their discretion. The Provider also reserves the right to change the services provided via netcast.com, introduce new services for free or for a fee, and discontinue the provision of any services. The Provider will consider the Users' legitimate interests in doing so.
(3) Users do not have the right to use a specific version of the software. The Provider aims to continuously improve and expand the software to enhance its usefulness for all Users. Therefore, the Provider explicitly reserves the right to further develop the software. Within such developments, the Provider may modify, add, or remove functionalities, adjust input forms, design, appearance, and other components of the front and back end as they see fit. Users do not have the right to updates, and no claims can be derived from carried-out updates. However, the Provider is entitled to adapt the software systems to meet current security requirements. The same provisions apply to the Database.
(1) Users are authorized to use netcast.com for personal purposes, primarily for locating and playing Audio Sources. Any other use of netcast.com, including commercial purposes, reproduction, distribution, or public disclosure, is strictly prohibited.
(2) Users are personally responsible for any use of Audio Sources within the framework of netcast.com that extends beyond simple private playback.
(3) All rights to the elements and content of netcast.com, the software, the Database, and the Audio Sources are reserved. Users must separately obtain licenses from the Provider or rights holders for any further use. This includes local storage, duplication, distribution, public availability, reproduction, and downloading (excluding downloading podcast episodes for private use).
Regarding data protection, Users are referred to the data protection regulations that describe the collection, processing, and use of personal data. The data protection provisions can be accessed in printable form on the Provider's website (netcast.com) via the "Privacy Policy" button.
(1) The Provider informs Users that they facilitate access to Audio Sources and/or third-party websites through netcast.com without having knowledge of the content, and therefore, they assume no liability for it. The respective providers are solely responsible for third-party content, including any copyright infringements, intellectual property rights violations, personal rights violations, and criminal acts caused by such content.
(2) User claims for damages against the Provider are excluded, except for claims arising from injury to life, body, health, or breach of essential contractual obligations (cardinal obligations). The Provider, its legal representatives, or agents shall only be liable for damages resulting from intentional or grossly negligent breaches of duty. Essential contractual obligations refer to those necessary to fulfill the purpose of the contract, on which Users can regularly rely.
(3) In the case of breaches of essential contractual obligations, the Provider's liability is limited to the foreseeable damage typically associated with such contracts, unless the User's claims for damages are based on injury to life, body, or health.
(4) The limitations of liability mentioned in paragraphs 2 and 3 do not apply if the Provider fraudulently conceals a defect or provides a guarantee for the quality of an item. The same applies if the Provider and the User have made an agreement regarding the quality of an item. The provisions of the German Product Liability Act remain unaffected.
(5) The limitations of liability stated in paragraphs 1 to 3 also apply to the Provider's legal representatives and agents if claims are directly brought against them.
(1) Contracts between the Provider and Users are concluded in either English or German.
(2) Users can access and save the current version of these Terms of Use on the Provider's website at https://www.netcast.com/terms-and-conditions and view them in the App's settings under "App Information."
(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. The choice of law may be limited by mandatory provisions of the User's country of residence if they are a consumer.
(4) The European Commission provides an online platform for consumer dispute resolution (ODR) at www.ec.europa.eu/consumers/odr. The Provider's email address is contact@netcast.com. The Provider is not obligated or willing to participate in a dispute resolution procedure under the German Consumers' Dispute Resolution Act (VSBG).
Any claims should be made in writing to the following address:
Baidu Europe B.V. Markt 19 6071 JD Swalmen The Netherlands