Terms & Conditions
§1 General Provisions and Definitions Applicable to MFRadio.de
MFRadio provides an internet portal through domains such as "MFRadio.de" and "MFRadio.com," under the concept of "User Generated Radio™," hereinafter referred to as the Service. This Service enables its members to easily and freely operate their own radio station, podcast, artist/musician/DJ channel for private or commercial purposes. The provider of the Service is MFRadio (a part of the Graf von Kronenberg Group, based in Germany, hereinafter referred to as the Provider). Advertising, design, and billing are handled separately through the online advertising agency Mission Freedom Ltd, with its main tax office in Cyprus (EU).
Visitors are all internet users who access the Service. Members are those visitors who have entered into a contract with the Provider to use the Service. Users refer to both Visitors and Members. These General Terms and Conditions apply to all present and future business relationships. They govern all services provided within the scope of the Service.
§2 Scope of services
The provider offers various options for using the service free of charge. These include registration within the service and the associated forum as well as the operation of a personal internet radio station. In addition, a music pool and an upload function for music tracks are provided.
The provider assumes the streaming fees required for the operation of such an internet radio station as well as GEMA and GVL licenses. Corresponding contractual agreements have been made with the relevant companies, the essential content of which is described in §7.
As the main content is created in Germany and is also mainly used by German-speaking members, licenses are processed via GEMA Germany.
In return, the provider reserves the right to place advertising within the radio streams and players. Users/members have the option of purchasing a subscription for additional storage space for an additional charge. These offers are listed in a price list on the websites MFRadio.de and MFVadio.com.
The provider does not guarantee that the standard database of the service contains the music tracks that the member would like to offer on their internet radio station. Likewise, the provider does not guarantee the success of a member's internet radio channel (podcast/artist/DJ channel).
The constant availability of these services cannot be guaranteed. The provider reserves the right to change, interrupt or completely discontinue the services permanently or temporarily at any time and without prior notice to the member.
§3 Conditions of participation, conclusion of contract
The provider offers various options for using the service free of charge. These include registration within the service and the associated forum as well as the operation of a personal internet radio station. In addition, a music pool and an upload function for music tracks are provided.
The provider assumes the streaming fees required for the operation of such an internet radio station as well as GEMA and GVL licenses. Corresponding contractual agreements have been made with the relevant companies, the essential content of which is described in §7.
As the main content is created in Germany and is also mainly used by German-speaking members, licenses are processed via GEMA Germany.
In return, the provider reserves the right to place advertising within the radio streams and players. Users/members have the option of purchasing a subscription for additional storage space for an additional charge. These offers are listed in a price list on the websites MFRadio.de and MFVadio.com.
The provider does not guarantee that the standard database of the service contains the music tracks that the member would like to offer on their internet radio station. Likewise, the provider does not guarantee the success of a member's internet radio channel (podcast/artist/DJ channel).
The constant availability of these services cannot be guaranteed. The provider reserves the right to change, interrupt or completely discontinue the services permanently or temporarily at any time and without prior notice to the member.
§3 Conditions of participation, conclusion of contract
Use of the Service is only permitted for individuals aged 14 years and older. Upon request, the Member must provide sufficient proof of age (e.g., a copy of an ID).
The Member agrees to provide truthful information about themselves during registration for the Service and to keep their data up to date.
The contract between the Provider and the Member for the use of the Service is established upon the Member’s registration. The contract for the use of paid services is established upon the Member’s order. The membership period chosen begins upon activation by the Provider.
§4 Costs of Services
Registration by the Member is free of charge. Operating a free version of the internet radio station is also free of charge.
Additional services are subject to a fee. Prices are determined according to a separate price list. All prices include the applicable VAT, currently 19%. All payments must be made in advance.
Payments can be made via advance payment, direct debit, or credit card. The Member authorizes the Provider to collect payments from a specified account or credit card provided by the Member. The Member is responsible for informing their bank about the direct debit authorization and ensuring sufficient funds are available. The costs of any return debit note attributable to the Member, plus an additional handling fee of €5, shall be borne by the Member.
§5 Right of Withdrawal
In the event that a user or member enters into a paid contractual component exclusively using remote communication means as a consumer, they may revoke their contractual declaration within two weeks without stating reasons in writing (e.g., letter, fax, email). The withdrawal period begins at the earliest upon receipt of this notice.
To meet the withdrawal deadline, it is sufficient to send the revocation or the item in good time. The revocation must be addressed to the Provider.
The right of withdrawal and return expires if the Provider begins performing the service with the express consent of the consumer before the end of the withdrawal period or if the consumer has initiated the performance themselves.
§6 Rights and Obligations of Users
Users are prohibited from offering, providing, or making accessible any form of pornography via the Service (§184 StGB) or otherwise violating laws or the rights of third parties (trademarks, names, copyrights, data protection, personal rights, etc.). The user agrees to use the Service exclusively for private or personal professional purposes. Commercial use, such as for third-party advertising purposes, is prohibited and may only be published and broadcast with prior written consent from MFRadio/MFVadio.com.
The content provided by the Member is the Member's own content. If the Member uploads their own music files to the Service, they must ensure that they have all the necessary rights.
The Provider provides the system and storage space. The responsibility for all content transmitted by Members through the Provider’s Service lies solely with the Member providing it. The Provider is not obliged to review the radio streams and/or internet appearances of Members for possible legal violations.
If the Provider determines that certain content violates applicable law, the Provider is entitled, without prior notice, to interrupt or delete the respective content and to block the corresponding Member.
The Member indemnifies the Provider against third-party claims for damages and all expenses arising from a violation of the General Terms and Conditions or the Terms of Use by the Member.
The Visitor sets a username and password during registration, which must be kept confidential and not disclosed to third parties. The Visitor is obliged to inform the Provider immediately in writing or by telephone if these identification details are lost. The Member must notify the Provider immediately if they become aware that unauthorized third parties know the password.
The Member grants the Provider an unlimited geographical and temporal right to use the content made publicly accessible or stored by the respective Member on the Service. The Member guarantees that this content does not infringe the rights of third parties.
Embedding audio streams from the Provider on third-party websites is not permitted. Linking to the audio streams is permitted if the links lead to MFRadio when clicked, or alternatively, if MFRadio.de opens in a new, separate window when the link is clicked.
The radio/application software is also part of this agreement.
§7 Additional Obligations of the Member
The Provider transfers its obligations towards the Gesellschaft zur Verwertung von Leistungsschutzrechten (GVL) and the Gesellschaft für musikalische Aufführungs- und mechanische Vervielfältigungsrechte (GEMA) directly to the Member. These obligations include, in particular:
a) No Program Previews
The Member must not publish or allow to be published any program previews or other announcements in which the titles of individual music recordings or the title of an album containing the music recordings included in the program are mentioned. Apart from illustrative purposes, the names of artists played in the program must not be announced in advance. This does not exclude announcing that a certain artist will be included in the program within an unspecified period.
The Member must not publish or allow to be published any program previews or other announcements in which the titles of individual music recordings or the title of an album containing the music recordings included in the program are mentioned. Apart from illustrative purposes, the names of artists played in the program must not be announced in advance. This does not exclude announcing that a certain artist will be included in the program within an unspecified period.
b) Music Program
The Member must not broadcast more than three different titles from a particular album within three hours of their program, of which no more than two titles may follow one another; or
more than four different titles by a particular artist or a compilation of music titles, of which no more than three may follow one another.
The Member must not broadcast more than three different titles from a particular album within three hours of their program, of which no more than two titles may follow one another; or
more than four different titles by a particular artist or a compilation of music titles, of which no more than three may follow one another.
c) Program Repetition
The broadcast must not be part of a recognizable program in which music recordings are broadcast in a predetermined sequence (excluding archive programs and loops) if this program is broadcast:
The broadcast must not be part of a recognizable program in which music recordings are broadcast in a predetermined sequence (excluding archive programs and loops) if this program is broadcast:
- more than three times within a publicly announced two-week period if it is a program of less than one hour; or
- more than four times within a publicly announced two-week period if it is a program of one hour or more.
d) Prohibition of Use for Advertising Purposes
The Member must not transmit music recordings in such a way, either as a whole or as part of a service offering image or film transmissions, that creates the false impression of a connection between the copyright or neighboring rights holder and the Member or a specific product or service advertised by the Member. Furthermore, the Member must not give the impression that their activities beyond the mere transmission of music recordings are sponsored or otherwise supported by the copyright and/or neighboring rights holders (including the performing artist).
The Member must not transmit music recordings in such a way, either as a whole or as part of a service offering image or film transmissions, that creates the false impression of a connection between the copyright or neighboring rights holder and the Member or a specific product or service advertised by the Member. Furthermore, the Member must not give the impression that their activities beyond the mere transmission of music recordings are sponsored or otherwise supported by the copyright and/or neighboring rights holders (including the performing artist).
e) No Transmission of Unauthorized Music Recordings
The Member must not transmit unauthorized music recordings; this includes without exception so-called bootlegs (unauthorized concert recordings) and recordings that have not yet been released in the Member’s country of residence. The Member must not remix or otherwise alter the music recordings so that the transmitted music recordings differ from the original recordings.
The Member must not transmit unauthorized music recordings; this includes without exception so-called bootlegs (unauthorized concert recordings) and recordings that have not yet been released in the Member’s country of residence. The Member must not remix or otherwise alter the music recordings so that the transmitted music recordings differ from the original recordings.
f) Respecting the Integrity of Works and Performances
The Member must respect the personal rights of the authors and performing artists when using the music recordings. In particular, they must avoid any distortion or other interference that could jeopardize the reputation and honor of these individuals. This is especially important when music recordings are combined with images or films.
The Member must respect the personal rights of the authors and performing artists when using the music recordings. In particular, they must avoid any distortion or other interference that could jeopardize the reputation and honor of these individuals. This is especially important when music recordings are combined with images or films.
§8 Termination of Contract, Notice Periods
Free membership can be terminated at any time. Termination must be made in writing or by deleting the profile in the member area.
Paid membership can be terminated by either party in writing or online. Written termination must be sent by registered mail within a period of 7 days before the end of the contract. Termination can also be made online with one day's notice via the member area of the Service. If the paid membership is not terminated within this period, the contract is automatically extended for the same contract period initially chosen by the Member.
The Provider may terminate the contract without notice if the Member provides false information during registration and/or later changes to their data, violates the General Terms and Conditions or the Terms of Use, or for any other important reason. Refunds of amounts already paid will not be made in the event of extraordinary termination.
§9 Liability
In cases of minor negligence, the Provider's liability is limited to the foreseeable, contract-typical, immediate average damage based on the nature of the contract. This also applies to minor negligent breaches of duty by our legal representatives or agents.
We are not liable to entrepreneurs for minor negligent breaches of non-essential contractual obligations.
The above liability limitations do not apply to claims arising from product liability. Furthermore, the liability limitations do not apply to damages attributable to the Provider arising from injury to life, body, or health or in the event of the customer’s death.
§10 Data Protection
The data necessary for business transactions are processed and stored using an electronic data processing system. Personal data are, of course, treated confidentially and not disclosed to third parties.
The customer expressly consents to the collection, processing, and use of personal data. They have the right to withdraw this consent at any time with future effect.
Otherwise, our data protection regulations apply.
§11 Amendments to These General Terms and Conditions
The Provider has the right to amend the provisions regarding the services provided at its reasonable discretion, taking into account technical requirements and market conditions, provided this is reasonable for the customer. Changes to these General Terms and Conditions will be published on the Service. Members will be informed of changes to the GTC, not covered under §10(1), in writing. The changes will take effect if the customer does not object in writing to the respective changes within 14 days of receiving the written change notification.
§12 Final Provisions
The law of the Republic of Cyprus applies. The provisions of the UN Sales Convention do not apply.
If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is our registered office, i.e., Paphos, Republic of Cyprus. The same applies if the customer does not have a general place of jurisdiction in Cyprus or if the place of residence or habitual residence is unknown at the time of filing the lawsuit.