April 2024

AUDIORELLA GmbH, represented by its Managing Director Christian Rymarenko (hereinafter “AUDIORELLA”), provides interested users (hereinafter “Users”) with various offers for the hosting and distribution of podcasts on the basis of subscriptions (hereinafter “AUDIORELLA Service”) under the Internet domain www.audiorella.com (hereinafter “AUDIORELLA Website”).

• 1. scope of application

The following GTC apply to contracts concluded between the user and AUDIORELLA via the AUDIORELLA website. AUDIORELLA’s offer can be used by both consumers (additional regulations apply to consumers, e.g. a right of withdrawal, see appendix) and entrepreneurs.

• 2. subscription offers, user account, trial period

2.1 The AUDIORELLA service can be used in the form of subscription offers with different prices and scope of services. The scope and price structure of the individual offers available (cabaret stage, center stage, world tour) are described in detail on the AUDIORELLA website.

2.2 In order to be able to use the AUDIORELLA services, i.e. the offers, the user must create a user account on the AUDIORELLA website, whereby the correct provision of personal data (e.g. name, address, telephone number) is required.  The registered user has 14 days free trial access (with limited functionality) to the AUDIORELLA services. This access ends automatically after 14 days unless the user takes out a subscription to the AUDIORELLA services for a fee by way of an upgrade. To do this, the user must select a specific offer in his account and enter all other data required for the use of a chargeable offer in his account (all details can be seen on the screen there). AUDIORELLA will then, after checking and accepting the details, effectively conclude the contract between the user and AUDIORELLA by confirming and activating the selected AUDIORELLA service; if the user ends the trial phase without upgrading, his trial account, including all podcasts, data and settings stored there, will be deleted by AUDIORELLA eight weeks after the end of the trial phase.

2.3 If the User exceeds the scope of services of the AUDIORELLA service subscription offer selected by him in terms of encoding hours and/or downloads in one month, AUDIORELLA shall upgrade the User to the subscription offer that is then suitable in terms of scope within a reasonable period of time after notifying the User accordingly and obtaining his consent, whereby the User shall also pay a correspondingly increased price for the increased scope of services (in cases of a contractual term of one year, cf. 8.2, an additional monthly pro rata charge for the additional costs of the upgrade subscription offer will be levied from the time of the upgrade in the event of an upgrade in accordance with Clause 2.3). If the user does not give the aforementioned consent to the upgrade, the user remains in the original subscription offer with the corresponding limitation of the scope of services.

• 3. services provided by AUDIORELLA

The individual AUDIORELLA services are described in detail on the AUDIORELLA website and updated as necessary. The following also applies:

3.1 Podcast hosting

3.1.1 Within the scope of the number of downloads and encoding hours permitted under the respective subscription offer booked, AUDIORELLA shall provide the User with system resources on a virtual server for the storage of podcast content, i.e. audio files including customary additional content such as cover artwork, images, texts, etc. (hereinafter collectively referred to as “Podcasts”) by the User; these Podcasts can be accessed from this server after successful encoding, e.g. via an RSS feed or the Podcast Player via the Internet. In addition, the podcast episodes are accessible via a blog that can be accessed from the AUDIORELLA subdomain.

3.1.2 AUDIORELLA’s services for the transmission of data shall be limited solely to the data communication between the transfer point provided by AUDIORELLA of its own data communication network to the Internet and the server provided for the user. AUDIORELLA is not able to influence data traffic outside its own communication network. Successful forwarding of information from or to the computer or server retrieving the content is therefore not owed in this respect. The podcasts stored for the user are secured by AUDIORELLA in a manner customary in the industry. The user is the sole owner of the podcasts and is entitled to demand their return at his own discretion.

3.1.3 AUDIORELLA shall be entitled to adapt the hardware and software used to provide the services to the current state of the art and to use and/or change any third-party service providers. If such an adaptation results in additional requirements for the content stored by the user on the server in order to ensure the provision of the services by AUDIORELLA, AUDIORELLA shall notify the user of these additional requirements and the planned time of conversion at least four weeks in advance. The user is obliged to decide immediately upon receipt of the notification whether the additional requirements will be fulfilled by him and by when. The user is entitled to object to the changeover by e-mail at plan@audiorella.com. If the user does not object by no later than two weeks before the changeover date, the user shall be deemed to have consented to the aforementioned changeover adjustments. If, on the other hand, the user objects, AUDIORELLA may terminate the contractual relationship with effect from the changeover date.

3.2 Encoding and improving audio quality

3.2.1 AUDIORELLA shall provide the USER with an encoding software application (“Encoder”) for the duration of the contractual relationship. The User can access this via his AUDIORELLA account. The Encoder can convert the audio files uploaded by the User to AUDIORELLA into various industry-standard file formats and add the existing meta data and other stored additional content such as cover artwork, images, texts etc. so that the podcast is ready for publication (“Encoding”). If individual audio tracks have been uploaded by the user, these are combined into one file by the encoder. Once the podcast has been uploaded to the server by the user, it is essential that the audio file is encoded by the encoder.

3.2.2 The encoding of audio files is generally subject to a charge for the User, but this service is included in every subscription offer up to a limit defined therein. However, the user can book additional hours for the encoding services, which can be used from the moment of booking for the duration of the contract term. Changes to the associated metadata and additional content can be made free of charge to an already encoded file as long as the audio file itself is not re-encoded. A second encoding of the same file is considered a new upload and will be taken into account in full length.

3.2.3 The scope of services of the encoder includes the automatic improvement of the audio quality of the podcasts. This service is currently provided by a third-party service provider. There are no additional costs for the user. This performance parameter of the encoder is a voluntary, non-mandatory service; AUDIORELLA therefore reserves the right to discontinue this service, to limit or expand its scope at its own discretion or to change the third-party service provider.

3.2.4 The user grants AUDIORELLA the necessary rights to encode and automatically transmit his podcasts to the third-party service provider and to have the corresponding technical optimizations made to the audio quality.

3.2.5 It is not possible to restore the raw data of the audio files after encoding and optimization by the third-party service provider.

3.2.6 AUDIORELLA grants the user the non-exclusive and non-transferable right to use the encoder for the duration of the contract for the purpose of encoding his podcasts. The user may not edit or change the encoder. Duplication or even temporary installation or storage of the encoder on data carriers (such as hard disks or similar) of the hardware used by the user is not permitted.

3.3 Publishing and exporting podcasts to third-party platforms

3.3.1 After successful encoding, AUDIORELLA will automatically make the user’s podcast publicly available for retrieval via the Internet (“publication”). It is not possible to publish podcasts without prior encoding. Published podcasts can be retrieved via the Internet, e.g. via an RSS feed. In addition, the episodes of the podcast can be accessed via a blog that can be accessed from the AUDIORELLA subdomain. AUDIORELLA automatically publishes the user podcasts via the user’s AUDIORELLA podcast website, which is part of the podcast subscription offer. The user can also use his own website for publication by integrating the podcast player there.

3.3.2 AUDIORELLA offers the User to publish his podcasts directly from his AUDIORELLA account via various audio streaming platforms such as currently e.g. Apple Podcast, Spotify, Deezer etc. and social media platforms such as Facebook, Twitter (collectively the “Export Platforms”) (“Exports”). However, AUDIORELLA reserves the right to change the Export Platforms offered at its own discretion. For the export, it is necessary that the user concludes a separate user agreement with the respective export platform, i.e. in particular that the user creates his own user account there and accepts and complies with the terms and conditions there. AUDIORELLA merely acts as technical support for the user by providing the necessary links and interfaces to the export platforms from his AUDIORELLA account. AUDIORELLA does not assume any guarantee or liability for the export platforms and the publication of the podcast by the respective export platform. AUDIORELLA has concluded cooperation agreements with the export platforms listed in Annex 2 in order to make it easier for the user to export his podcasts. Accordingly, an export is possible without the conclusion of a separate user agreement between the user and the export platform. In this case, the additional provisions for the respective export platform listed in Annex 2 shall apply in addition to these GTC. The provision of the aforementioned cooperation agreements is a voluntary service of AUDIORELLA; AUDIORELLA does not guarantee that the cooperation agreements listed in Annex 2 will be maintained. AUDIORELLA shall be entitled to amend Annex 2 at any time, in particular to add further cooperation agreements.

3.4 Podcast player

3.4.1 AUDIORELLA shall provide the User with a podcast player created by AUDIORELLA (the “Podcast Player”) in the respective current version via the Internet for the duration of this Agreement. AUDIORELLA shall set up the Podcast Player on its own server, which shall be accessible to the User via the User’s AUDIORELLA user account. The podcast player may only be used for the contractual podcasts, whereby the podcast player can be individualized by the user within the scope of the specified range of functions; the range of functions of the podcast player, which can be changed by AUDIORELLA at any time, results from the current service description on the AUDIORELLA website. AUDIORELLA shall eliminate any software errors of the podcast player in accordance with its technical and economic possibilities.

3.4.2 AUDIORELLA grants the User the non-exclusive and non-transferable right to use the Podcast Player to make the Podcasts accessible via the Internet for the duration of the Agreement. The user is not entitled to edit or change the podcast player. Reproduction or even temporary installation or saving of the podcast player on data carriers (such as hard disks or similar) on the hardware used by the user is not permitted.

3.5 Podcast website under an AUDIORELLA subdomain
AUDIORELLA offers the user the possibility to create his own podcast website via a website construction kit provided by AUDIORELLA and to link it to an AUDIORELLA subdomain. Any use of the podcast website shall end automatically at the end of the user’s contractual relationship with AUDIORELLA. Section 3.1 (Podcast hosting) shall apply accordingly to the hosting of the contents of the podcast website.

3.6 Availability
AUDIORELLA shall provide the aforementioned services with an overall availability of 99%. The availability shall be calculated on the basis of the time allotted to the respective calendar month in the contractual period without taking into account maintenance times and/or cases of force majeure. AUDIORELLA shall be entitled to carry out maintenance work to a reasonable extent. During the maintenance work, the contractual services shall not be available. However, AUDIORELLA shall endeavor to carry out maintenance work during the period with the lowest possible traffic.

3.7 Statistics
AUDIORELLA offers the user the opportunity to view statistics on the use / downloads of the podcasts published by the user via the RSS feed or the podcast player. The statistics are compiled on the basis of the IAB Podcast Measurement Guidelines without guarantee.

3.8 User support
AUDIORELLA support is available to the user via the help button on the AUDIORELLA website or via the contact form. AUDIORELLA endeavors to respond within 24 hours on working days.

• 4. granting of rights, guarantees and obligations to cooperate

4.1 The User hereby grants AUDIORELLA all necessary, worldwide, non-exclusive rights for the duration of the Agreement, which are necessary and required to properly fulfill the performance obligations assumed by AUDIORELLA in this Agreement towards the User and third parties. AUDIORELLA accepts this granting of rights, which also applies in particular to the rights of all speakers, guests, interview partners, musicians, composers, authors, sound engineers, producers, sound carrier manufacturers, music publishers, editors, broadcasters, organizers, directors, performers and other contributors and rights holders, who were involved in the creation of the podcasts or whose rights are affected by the production, distribution and monetization of the podcasts (hereinafter referred to individually and collectively as “contributors”), as well as to all other rights necessary for AUDIORELLA to provide the contractual services.

4.2 The granting of rights includes in particular the following rights:

• • the right to host the podcasts and all other content made available to AUDIORELLA by the User (the “Content”) on its own servers or the servers of third parties, i.e. to make the Content available to the public by wire or wireless means and to reproduce it for this purpose in such a way that it is accessible to members of the public from places and at times of their choice. This includes the right to make it accessible via the user’s own domain, an AUDIORELLA subdomain as well as an RSS feed set up by AUDIORELLA, as well as downloading and/or streaming using all technologies and end devices, whether already known or only known in the future. Insofar as linear or non-interactive streaming is not to be classified as making available to the public under copyright law, but as broadcasting, the rights in this respect – insofar as the user or one of the other persons named in Clause 4.2 is entitled to them – are hereby also granted;
  • to make the content publicly accessible via the Internet (e.g. via your own URL, an AUDIORELLA subdomain or the RSS feed set up by AUDIORELLA) and to reproduce and transmit it to third parties for this purpose or to grant third parties access to the content,
  • to reproduce the contents for the purpose of data backup,
  • to edit the content in technical terms, in particular to encode it and to improve the audio quality using technical processes itself or via third parties,
  • make the content accessible to third party export platforms as part of the export process,
  • to advertise the content in excerpts for the promotion of the user’s podcasts or as part of an offer from other podcast portfolios offered by AUDIORELLA via all media

4.3 The user guarantees that he

• • is the sole and exclusive owner of the rights and authorizations granted in this agreement and is not prevented by any other obligation from concluding and fulfilling this agreement,
  • has acquired all rights of the contributors granted to AUDIORELLA in this agreement within the meaning of clause 4.2. in a transferable manner and, to the extent required by the provisions of the Copyright Act, pays all contributors an appropriate remuneration,
  • has correctly entered his/her personal details in the user account (e.g. name and e-mail address),
  • is solely responsible for any payments to the Künstlersozialkasse in connection with the distribution and monetization of the content,
  • Hosting and making the content publicly accessible does not violate any legal provisions (in particular laws of copyright, trademark law, competition law, media law, civil law, advertising guidelines, youth protection laws and/or criminal laws) and does not violate the rights of any person or other third party (in particular copyrights, ancillary copyrights, trademark rights, rights to a name, general personal rights, rights to one’s own image and the right to remain free from defamation and false accusation).

4.4 The user further guarantees that he is the economic producer of all podcasts posted in his AUDIORELLA account (i.e. the user has paid for the production himself and has not been commissioned to produce the podcasts by third parties). The principle applies that a separate subscription offer must be concluded for each commercial producer. In the case of commissioned productions, the subscription offer must always be concluded by the client of the production. If the user wishes to use AUDIORELLA for podcasts although he is not the economic producer of the podcasts (e.g. because he is a commissioned producer for a third party or the manager or label of one or more podcasters etc.), the user must contact AUDIORELLA via support@audiorella.com.

4.5 If the User’s podcast contains music, the User guarantees that all possible third-party rights to the music have been sufficiently clarified (e.g. labels, artists, collecting societies such as GEMA, etc.). The user is obliged to inform AUDIORELLA in advance if his podcast contains music. AUDIORELLA reserves the right to request proof of proper clearance of the music rights in individual cases (e.g. GEMA certificate etc.).

4.6 The User is obliged and guarantees that no illegal content that violates laws, official requirements or the rights of third parties will be stored on the storage space provided by AUDIORELLA. The user shall ensure that the domain or AUDIORELLA subdomain selected by him under which the content can be accessed via the Internet also does not violate any laws, official regulations or third-party rights. Furthermore, the user shall ensure that the content stored by him does not jeopardize the operation of the server or the communication network of AUDIORELLA or the security and integrity of other data stored on the servers of AUDIORELLA.

4.7 If the content stored by the user endangers or impairs the operation of the server or the communication network of AUDIORELLA or the security and integrity of other data stored on the servers of AUDIORELLA, AUDIORELLA may delete this content. If the elimination of the threat or impairment so requires, AUDIORELLA shall also be entitled to interrupt the connection of the contents stored on the server to the Internet. AUDIORELLA shall inform the user of this measure without delay.

4.8 In the event of an imminent or actual breach of the above obligations and guarantees and in the event of the assertion of not obviously unfounded claims by third parties against AUDIORELLA for the omission of the (complete or partial) presentation of the content stored on the AUDIORELLA server via the Internet, AUDIORELLA shall be entitled to temporarily or permanently suspend the connection of this content to the Internet in whole or in part with immediate effect, also taking into account the legitimate interests of the User. AUDIORELLA shall inform the user of this measure without delay.

4.9 In the event of a breach of the above obligations and guarantees, the User shall indemnify AUDIORELLA against any claims by third parties, including the costs incurred by the claim, e.g. lawyers, upon first request. Further claims of AUDIORELLA remain unaffected.

• 5. remuneration

The remuneration for the individual subscription offers, the payment intervals and the payment methods and currencies accepted by AUDIORELLA are based on the information on the AUDIORELLA website. All prices stated on the AUDIORELLA website are inclusive of statutory VAT.

• 6 Term, termination

6.1 If the user has opted for a monthly payment interval, the minimum contractual term is one month. The term is then automatically extended by a further month unless one of the parties terminates the contract beforehand. The notice period for both parties is seven days to the end of the respective contract term.

6.2 If the user has opted for an annual payment interval, the minimum contractual term is one year. The term is then automatically extended by a further year unless terminated by one of the parties before the end of the respective term. The notice period for both parties is 30 days to the end of the respective contract term and the following also applies if an annual term is concluded: the user is entitled to withdraw from the contract within the first 30 days after conclusion by giving notice. The user will then be charged pro rata for the actual duration of the term.

6.3 The right to extraordinary termination for good cause remains unaffected. Any termination must be at least in text form (e.g. e-mail).

6.4 Upon termination of the contractual relationship, AUDIORELLA shall immediately return to the User all podcasts stored in the User’s account. The release shall take place by retrieval via an RSS feed. The user podcasts and data shall be deleted eight weeks after the end of the contract, unless other, longer statutory periods apply to certain data. The user is therefore requested to back up all podcasts and data from his AUDIORELLA user account in good time.

• 7. liability

AUDIORELLA shall be liable for intent and gross negligence. Furthermore, AUDIORELLA shall be liable for the negligent breach of obligations, the fulfillment of which is essential for the proper performance of the contract, the breach of which jeopardizes the achievement of the purpose of the contract and on the observance of which the User as a contractual partner may rely. In the latter case, however, AUDIORELLA shall only be liable for the foreseeable damage typical for the contract. AUDIORELLA shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences. The above exclusions of liability shall not apply in the event of injury to life, limb or health. Liability under the Product Liability Act remains unaffected.

• 8. data protection

8.1 AUDIORELLA shall use all personal data provided by the User (e.g. name, address, e-mail address, bank details, credit card number, etc.) exclusively in accordance with the provisions of German data protection law. The data required for the performance of the contract between the User and AUDIORELLA shall be stored by AUDIORELLA and shall be accessible to the User at all times.

8.2 It is possible and may also be necessary to conclude a standard data processing agreement (DPA) in accordance with the GDPR between the User and AUDIORELLA. This process must be completed during the registration process of the user account (details there).

• 9. reservation of right of amendment

9.1 Due to the dynamic environment of AUDIORELLA’s services, AUDIORELLA reserves the right to amend these GTC with effect for the future in accordance with the procedure set out in the following paragraphs.

9.2 AUDIORELLA shall inform the User of the changes by e-mail at least four weeks before the planned entry into force of the new version. The user has four weeks from receipt of the information to familiarize himself with the changes. If he/she does not agree, the user can object to the changes within this period.

9.3 If the User objects, the contract may be terminated by AUDIORELLA at the end of the current term. Otherwise, the new version of the GTC shall apply from the notified date of entry into force.

9.4 The user will be informed of the objection period and the legal consequences of an objection or expiry of the objection period without an objection in the information about the planned change.

9.5 If the amendment affects material contractual obligations incumbent on AUDIORELLA or the User (these are obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the other party to the contract may regularly rely), the reservation of amendment pursuant to Section 11.1 shall only apply if the amendment is reasonable for the User, taking into account the interests of AUDIORELLA. This is the case, for example, if AUDIORELLA ensures that conditions applicable at the time the amendment comes into force remain unaffected until the time at which one of the parties could terminate the contract, or if AUDIORELLA is obliged to make the amendment due to a change in the law or a legally binding or provisionally enforceable court or official decision.

• 10. other

10.1 These GTC are complete and conclusive. Amendments and additions to these Terms and Conditions must be made at least in text form (e.g. e-mail) in order to avoid ambiguities or disputes between the parties regarding the agreed content of the contract.

10.2 Should individual provisions of these Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by the contracting parties by mutual agreement by a legally valid provision which comes closest to the economic sense and purpose of the invalid provision. The above provision shall apply accordingly in the event of loopholes or omissions.

10.3 In case of doubt, the German language version of the GTC shall take precedence over other language versions of the GTC (e.g. English).

10.4 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

10.5 If the User had his domicile or habitual residence in Germany at the time of conclusion of the contract and has either moved out of Germany at the time AUDIORELLA brings an action or his domicile or habitual residence is unknown at that time, the place of jurisdiction for all disputes shall be the registered office of AUDIORELLA in Munich, Germany.

INSTALLATIONS

ANNEX 1: Consumer information and withdrawal policy for consumers

1.  Out-of-court dispute resolution
   We would like to point out that, in addition to the ordinary legal process, the user also has the option of an out-of-court settlement of disputes in accordance with Regulation (EU) No. 524/2013.
   Details can be found in Regulation (EU) No. 524/2013 and at the Internet address: http://ec.europa.eu/consumers/odr
   Our e-mail address is: support@audiorella.com
   In accordance with Section 36 VSBG, we would like to point out that we are not obliged to participate in an out-of-court dispute resolution procedure before a consumer arbitration board.
2. Right of withdrawal for consumers
   As a consumer, you have a right of withdrawal in accordance with the following instructions:

REVOCATION POLICY

RIGHT OF WITHDRAWAL

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the date of conclusion of the contract.

To exercise the right to cancel, you must inform us (AUDIORELLA GmbH, Tal 44, 80331 München, plan@audiorella.com ) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

CONSEQUENCES OF REVOCATION

If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.

If you have requested that the service should commence during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of the exercise of your right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

Sample withdrawal form in accordance with Annex 2 to Article 246a § 1 para. 2 sentence 1 no. 1 and § 2 para. 2 no. 2 EGBGB (If you wish to withdraw from the contract, please complete and return this form):

To [here the name, address, fax number and e-mail address of the company must be inserted by the entrepreneur]:

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (detailed description, so that it can be clearly determined to which goods the revocation relates), the provision of the following services (detailed description, so that it can be clearly determined to which goods the revocation relates) (*)

ordered on: (*). . . . ./received on (*) . . . . .;

Name of the consumer(s);

Address of the consumer(s);

Signature of the consumer(s) (only for notification on paper);

Date

(*) Delete as appropriate

ANNEX 2: Export platforms in cooperation with AUDIORELLA

1. SPOTIFY

The export to our partner Spotify AB, Birger Jarlsgatan 61, 113 56 Stockholm, Sweden (“Spotify”) is possible for the user without creating a separate user account with Spotify. If the user decides to export to Spotify, the following provisions apply:

1. The user podcast may not contain any pre-produced advertising and/or sponsorship messages. Advertising and/or sponsorship messages recorded by the presenter/speaker of the podcast are permitted. Advertising and/or sponsorship messages that contain pornographic content, or for firearms, ammunition, weapons, cigarettes, tobacco or e-cigarettes, or that refer to political or religious organizations or for music streaming services are not permitted. AUDIORELLA reserves the right to remove podcasts that contain inadmissible advertising and/or sponsorship messages.
2. The user is aware and acknowledges that Spotify places audio, display and video advertisements on the Spotify platform.
3. There is no remuneration for podcast downloads via Spotify.
4. Spotify is under no obligation to include and/or distribute the Authorized Content on the Spotify Platform. Spotify reserves the right to remove the User Podcasts from the Spotify Platform with immediate effect if (a) Spotify is notified by AUDIORELLA or otherwise becomes aware that the Podcast and/or the distribution thereof violates or may violate any applicable law or regulation or constitutes an unlawful act with respect to AUDIORELLA, Spotify or any third party; (b) Spotify is instructed to take such action by a public prosecutor or other competent authority; (c) Podcasts submitted to Spotify may infringe or could infringe the intellectual property rights of a third party if distributed by Spotify via the Spotify Platform; Spotify will inform AUDIORELLA as soon as possible of any suspension of the User Podcast and the reasons for the suspension. AUDIORELLA will provide this information to the User upon request.
5. Spotify has the worldwide, non-exclusive right to (a) digitally encode and reproduce and otherwise process the Podcasts to the extent necessary to make the Podcasts publicly available via the Spotify Platform, (b) make the Podcasts publicly available in the form of streams and conditional downloads on a pre-programmed and on-demand basis to users’ devices, (c) to make the Podcasts as well as metadata and images publicly available to Spotify users via the Spotify Client for the purpose of identifying and enabling the availability of the relevant Podcasts on the Spotify Platform, (d) to make the Podcasts publicly available via the API for display on third party services; (e) make and store copies of the Podcasts on Spotify’s servers and devices that are reasonably necessary to enable Spotify to make the Podcasts available to the public. In case of doubt, Spotify will decide at its own discretion whether a podcast will be distributed via the Service. Spotify is entitled to use the Podcasts in all areas, functions and features of the Spotify platform.