iHeartRadio Family Terms of Use

June 27, 2018

Quick Guide to Contents

 

I. MOBILE DEVICES

II. CHANGES TO THIS AGREEMENT

III. PRIVACY AND PROTECTION OF PERSONAL INFORMATION

IV. USER CODE OF CONDUCT

V. FEES

VI. DISCLAIMER OF WARRANTIES

VII. EXCEPTIONS

VIII. LIMITATIONS ON LIABILITY

IX. INDEMNIFICATION

X. MODIFICATION/TERMINATION BY IHEARTMEDIA

XI. LINKS

XII. SOFTWARE AND DOWNLOADS AVAILABLE THROUGH THIS SITE

XIII. INTERNATIONAL USE/U.S. EXPORT CONTROLS

XIV. ADVERTISEMENTS, SPONSORSHIPS, CO-PROMOTIONS AND OTHER PARTNERSHIPS

XV. GENERAL

XVI. COPYRIGHT AND TRADEMARK NOTICE

 

This site or application is owned or managed by iHeartMedia, Inc. (“iHeartMedia”) and is part of the iHeartMedia family of companies, which includes other quality entertainment brands such as broadcast and Internet radio stations, Clear Channel Outdoor, iHeartMedia, and the Premiere Networks, each of which operates or manages one or more websites or applications (each a “iHeartMedia Site,” and collectively the “iHeartMedia Sites”).

iHeartMedia provides this iHeartMedia Site and related services for your personal non-commercial use only and subject to your compliance with this Terms of Use Agreement (the “Agreement”). Please read this Agreement carefully before using this iHeartMedia Sites. Your use of this iHeartMedia Sites constitutes your acceptance to be bound by this Agreement without limitation, qualification or change. If at any time you do not accept all the terms and conditions of this Agreement, you must immediately discontinue use of this iHeartMedia Site. This Agreement sets forth iHeartMedia’s policies with respect to its operation of the iHeartMedia Sites. Other policies govern iHeartMedia’s non-Internet operations.

FOR AMAZON, IOS AND ANDROID USERS: You acknowledge that this agreement is between you and iHeartMedia only, and not with the app store where you downloaded the application (for Amazon users, the Amazon Marketplace, operated by Amazon Digital Services, Inc. (“Amazon”), for iOS users, the App Store operated by Apple Inc. (“Apple”),  for Android users, the Google Play store operated by Google Inc. (“Google”)).  Neither Amazon, Apple or Google will be liable for any damages related to the Platform. Amazon,  Apple and Google shall each be a third-party beneficiary of this Agreement. 

Certain products or services offered by this and/or other iHeartMedia Sites (each a “iHeartMedia Internet Service,” and collectively “iHeartMedia Internet Services”), and certain areas within this and/or other iHeartMedia Sites may be governed by additional terms or different terms of use (“Additional Terms”) presented in conjunction with those products or services. You must agree to those Additional Terms before using those areas or iHeartMedia Internet Services. The Additional Terms and this Agreement, taken together, shall apply to your use of those areas or iHeartMedia Internet Services. In the event of an irreconcilable inconsistency between the Additional Terms and this Agreement, the Additional Terms shall control.

YOU MAY NOT USE ANY IHEARTMEDIA SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO ANY IHEARTMEDIA SITE MAY BE TERMINATED IMMEDIATELY IN IHEARTMEDIA’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.

By using this iHeartMedia Site, you are representing and warranting that: (a) you are a legal resident of the United States; (b) you are at or above the legal age of majority in your jurisdiction of residence or have permission from your parent or guardian to use this iHeartMedia Site; (c) you own or have sufficient authorization to use the computer, mobile device, technology or other device you use to access this iHeartMedia Site (collectively, “Device”); and (d) you will access and use this iHeartMedia Site in accordance with this Agreement.

I. MOBILE DEVICES

If permitted or available through the applicable iHeartMedia Internet Service, to (a) browse this iHeartMedia Site from your mobile device and/or (b) to access certain features through a mobile application you have downloaded and installed on your mobile device (collectively the “Mobile Services”), you must have a mobile communications subscription (or have the consent of the applicable subscriber) with a participating carrier or otherwise have access to a mobile communications network for which iHeartMedia makes the iHeartMedia Internet Service available as well as any carrier services necessary to download content, and pay any service fees associated with any such access (including text messaging charges for each text message you send and receive on your mobile device). In addition, you must provide all equipment and software necessary to connect to the iHeartMedia Internet Service, including, but not limited to, if this iHeartMedia Site contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the iHeartMedia Internet Service and to use any part of that Service. You are responsible for ensuring that your equipment and/or software does not disturb or interfere with iHeartMedia’s or this iHeartMedia Site’s operations or the iHeartMedia Internet Service. Any equipment or software causing interference will be immediately disconnected from the iHeartMedia Internet Service and iHeartMedia will have the right to immediately terminate this Agreement. If any upgrade in or to the iHeartMedia Internet Service requires changes in your equipment or software (including the operating system for your Device), you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current iHeartMedia Internet Service, including the release of new products and services, will be subject to the terms and conditions of this Agreement. You agree to follow and comply with any applicable laws in your use of the iHeartMedia Internet Service.

II. CHANGES TO THIS AGREEMENT

iHeartMedia reserves the right, in its sole discretion, to modify, alter, or otherwise change this Agreement and/or the Additional Terms at any time. iHeartMedia will provide notice of such change on this iHeartMedia Site. Please review this Agreement and/or Additional Terms periodically for changes. Your continued use of this iHeartMedia Site and/or iHeartMedia Internet Service constitutes your acceptance and agreement to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue use of this iHeartMedia Site and/or the iHeartMedia Internet Service to which the changes may apply.

III. PRIVACY AND PROTECTION OF PERSONAL INFORMATION

iHeartMedia has developed a Privacy Statement in order to inform you of its practices with respect to the collection, use, disclosure and protection of personal information. You can find the Privacy Statement, which is incorporated into this Agreement, , by clicking on the word “privacy policy” located in the settings menu, and by using this iHeartMedia Site you agree to the terms of the Privacy Statement.

IV. USER CODE OF CONDUCT

 In accessing and using this iHeartMedia Site and/or the iHeartMedia Internet Services, you agree that you will not:

•Deliver any unsolicited advertisement, promotional materials, junk email, bulk email (also known as “spam”), chain letters, surveys or contests, or solicit participation in any pyramid schemes.

•Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another.

•Use this iHeartMedia service in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of this iHeartMedia Site or other users’ Devices, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment.

•Attempt to gain unauthorized access to this iHeartMedia Site, any related website, other accounts, computer system, or networks connected to this iHeartMedia Site, through hacking, password mining, or any other means.

•Obtain or attempt to obtain any materials or information through any means not intentionally made available through this iHeartMedia Site, including harvesting or otherwise collecting information about others such as email addresses.

V. FEES

Except where otherwise provided, access to and use of this iHeartMedia Site and the iHeartMedia Internet Services offered through it are currently available without charge. iHeartMedia reserves the right to charge a fee for access to or use of this iHeartMedia Site, or any iHeartMedia Internet Service available on this iHeartMedia Site at any time in the future. Your access to or use of this iHeartMedia Site before such time does not entitle you to use of this iHeartMedia Site without charge in the future.

VI. DISCLAIMER OF WARRANTIES

YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS IHEARTMEDIA SITE AND/OR IHEARTMEDIA INTERACTIVE SERVICE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS IHEARTMEDIA SITE OR IHEARTMEDIA INTERACTIVE SERVICE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. IHEARTMEDIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS IHEARTMEDIA SITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS IHEARTMEDIA SITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IHEARTMEDIA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. IHEARTMEDIA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS IHEARTMEDIA SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS IHEARTMEDIA SITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. IHEARTMEDIA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS IHEARTMEDIA SITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.

IHEARTMEDIA IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR IHEARTMEDIA INTERACTIVE SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.

VII. EXCEPTIONS

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, IHEARTMEDIA’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

VIII. LIMITATIONS ON LIABILITY

In no event shall iHeartMedia, its subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available this iHeartMedia Site and its contents, be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of this iHeartMedia Site; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained on this iHeartMedia Site or any information, software, products, services, and related graphics obtained through this iHeartMedia Site; (vi) any transactions entered into through this iHeartMedia Site; (vii) any property damage including damage to your Device or computer system caused by viruses or other harmful components, during or on account of access to or use of this iHeartMedia Site or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of this iHeartMedia Site and iHeartMedia Internet Services. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if iHeartMedia has been advised of the possibility of damages.

IX. INDEMNIFICATION

You agree to indemnify and hold harmless iHeartMedia, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement, the Additional Terms, or any warranty you provide herein, or otherwise arising in any way out of your use of this iHeartMedia Site and any related iHeartMedia Internet Service and/or software. You agree to cooperate fully with iHeartMedia in asserting any available defenses in connection with a claim subject to indemnification by you under this Agreement.

X. MODIFICATION/TERMINATION BY IHEARTMEDIA

iHeartMedia reserves the right, in its sole discretion, to modify, suspend, or terminate this iHeartMedia Site and/or any portion thereof, including any iHeartMedia Internet Service, or use of any iHeartMedia Internet Service, or any portion thereof, at any time for any reason with or without notice to you.

Termination of your use of an iHeartMedia Internet Service removes your authorization to use the iHeartMedia Internet Service. In the event of termination, you will still be bound by your obligations under this Agreement and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, iHeartMedia shall not be liable to you or any third party for any termination of your access to an iHeartMedia Internet Service.

XI. LINKS

This iHeartMedia Site may contain links to websites, applications or other services operated by third parties (the “Linked Sites”). iHeartMedia does not monitor or control the Linked Sites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at the Linked Sites. If you choose to access any third-party site (including any Linked Site), you do so at your own risk, and your use of that site is subject to its own terms of use and privacy policy, which you should review. The presence of a link to a third-party site does not constitute or imply iHeartMedia’s endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the site.

XII. SOFTWARE AND DOWNLOADS AVAILABLE THROUGH THIS SITE

Any software that is made available to access, use, view and/or download in connection with a iHeartMedia Site or iHeartMedia Internet Service (“Software”), including applications, podcasts, audio streaming, or video streaming, is owned or controlled by iHeartMedia and/or licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is limited to private, non-commercial use and is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software. iHeartMedia accepts no responsibility or liability in connection with any Software owned or controlled by third parties.

XIII. INTERNATIONAL USE/U.S. EXPORT CONTROLS

Accessing materials on this iHeartMedia Site by certain persons in certain countries may not be lawful, and iHeartMedia makes no representation that materials on this iHeartMedia Site are appropriate or available for use in locations outside the United States. If you choose to access this iHeartMedia Site from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.

The United States controls the export of any software downloadable from this iHeartMedia Site. No software or any other materials associated with this iHeartMedia Site may be downloaded or otherwise exported or re-exported to countries or persons prohibited under export control laws, including but not limited to countries against which the United States has embargoed goods, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from a iHeartMedia Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.

XIV. ADVERTISEMENTS, SPONSORSHIPS, CO-PROMOTIONS AND OTHER PARTNERSHIPS

iHeartMedia may display advertisements for the goods and services of a third party on the iHeartMedia Sites, including in connection with co-promotions, sponsorships and other similar partnership arrangements. iHeartMedia does not endorse or represent and is not responsible for the safety, quality, accuracy, reliability, integrity or legality of any such goods or services advertised, promoted or displayed on this iHeartMedia Site.

XV. GENERAL

This Agreement and any Additional Terms shall be governed by, construed and enforced in accordance with the laws of the State of New York, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles. You agree that any and all disputes, claims and causes of action arising out of, or connected with, this Agreement and/or the Additional Terms, or in connection with any matters related to this iHeartMedia Site and/or the Privacy Statement, shall be resolved individually, without resort to any form of class action, exclusively in either the state or Federal courts located in New York County, New York. You agree to submit to the personal jurisdiction of the courts of the State of New York for any cause of action arising out of this Agreement. You agree to file any cause of action with respect to this Agreement within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.

If any provision of this Agreement, or the application thereof to any person or circumstances, is held invalid or for any reason, unenforceable including, but not limited to, the warranty disclaimers and liability limitations, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Unless expressly provided otherwise, this Agreement is the entire agreement between you and iHeartMedia with respect to the use of this iHeartMedia Site and shall not be modified except in writing, signed by an authorized representative of iHeartMedia.

If you have any questions concerning this Agreement, you may send them by email to support@iheartradio.com. You must send any official correspondence via postal mail to:

Legal Department

ATTN: iHeartMedia Sites Terms of Use

iHeartMedia, Inc.

20880 Stone Oak Pkwy

San Antonio, TX 78258

 

XVI. COPYRIGHT AND TRADEMARK NOTICE

Use of Intellectual Property

The iHeartMedia Site, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, iHeartMedia logos, titles, characters, names, graphics and button icons (collectively “Intellectual Property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by iHeartMedia or by other parties that have provided rights thereto to iHeartMedia.

You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through this iHeartMedia Site, in whole or in part, without the express written permission of iHeartMedia.

Other trademarks, service marks, product names and company names or logos appearing on this iHeartMedia Site that are not owned by iHeartMedia may not be used without express permission from their owners.

Additionally, unless otherwise expressly permitted, websites may not link, whether by hyperlink or otherwise, to any page beyond the homepage of this iHeartMedia Site, or frame this iHeartMedia Site, or any web page or material herein, nor may any entity include a link to any aspect of this iHeartMedia Site in an email for commercial purposes, without the express written permission of iHeartMedia. Further, unless otherwise expressly permitted, you agree not to link to iHeartMedia’s Intellectual Property so as to cause you or anyone else to access iHeartMedia’s Intellectual Property other than through this iHeartMedia Site.

You may inquire about obtaining permission by writing:

IP Permission

Legal Department

iHeartMedia, Inc.

20880 Stone Oak Pkwy

San Antonio, TX 78258

By Facsimile: (210) 832-3149

By Email: IPPermission@iheartmedia.com

Copyright Infringement

iHeartMedia respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. By submitting any material or photographs through this iHeartMedia Site, you are granting permission to have this material posted on this iHeartMedia Site, and are representing that you are the rightful owner of the submitted material, and that no one else may claim rights to this material. iHeartMedia reserves the right to remove access to infringing material. Such actions do not affect or modify any other rights iHeartMedia may have under law or contract. You can find our procedures for providing notice of alleged copyright infringement below.

Procedure for Making Claim of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our Designated Agent, who can be reached as follows:

By mail:

DMCA Designated Agent

 c/o Legal Department

 iHeartMedia, Inc.

20880 Stone Oak Pkwy

San Antonio, TX 78258

By Facsimile: (210) 832-3149

 By Email: dmca@iheartmedia.com

 

Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification must include the following:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit iHeartMedia to locate the material.

(iv) Information reasonably sufficient to permit iHeartMedia to contact the complaining party, such as an address, telephone number, and, if available, an email address.

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.

This Agreement was last modified on June 27, 2018.

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