November 22, 2017
Quick Guide to Contents
I. MOBILE DEVICES
II. CHANGES TO THIS AGREEMENT
III. PRIVACY AND PROTECTION OF PERSONAL INFORMATION
IV. ACCOUNTS, SECURITY
V. USER CODE OF CONDUCT
VII. DISCLAIMER OF WARRANTIES
IX. LIMITATIONS ON LIABILITY
XI. MODIFICATION/TERMINATION BY IHEARTPROVIDERS
XIII. SOFTWARE AND DOWNLOADS AVAILABLE THROUGH THIS SITE
XIV. INTERNATIONAL USE/EXPORT CONTROLS
XV. THIRD-PARTY MERCHANTS
XVI. ADVERTISEMENTS, SPONSORSHIPS, CO-PROMOTIONS AND OTHER PARTNERSHIPS
XVIII. INTERACTIVE SERVICES AND USER MATERIALS
XIX. SUBSCRIPTION SERVICES
XX. PREMIUM SERVICES
XXI. MEMBER ACCOUNT AND PASSWORD
XXIV. COPYRIGHT AND TRADEMARK NOTICE
This site or application is owned or managed by iHeartMedia, Inc., Bell Media Inc. and certain of our respective affiliates (collectively, “iHeartProviders”, “we”, and “us”), each of which participates in the operation and management of one or more websites or applications which we link to this Agreement (each an “iHeartProviders Site” and, collectively, the “iHeartProviders Sites”).
This Internet music streaming and radio station platform, together with certain areas, products or services offered by this and/or other iHeartProviders Sites (each a “iHeartProviders Internet Service” and, collectively, “iHeartProviders Internet Services”), and certain areas within this and/or other iHeartProviders Sites may be governed by additional terms (“Additional Terms”) presented in conjunction with those products or services. You must agree to those Additional Terms before using those iHeartProviders Internet Services. The Additional Terms and this Agreement, taken together, shall apply to your use of those iHeartProviders 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 IHEARTPROVIDER SITE OR IHEARTPROVIDER INTERNET SERVICE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO ANY IHEARTPROVIDER SITE MAY BE TERMINATED, RESTRICTED OR SUSPENDED IMMEDIATELY IN IHEARTPROVIDERS’ SOLE DISCRETION AND WITHOUT LIABILITY, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISION(S) OF THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON. ANY SUCH TERMINATION, RESTRICTION OR SUSPENSION IS IN ADDITION TO, AND NOT IN LIEU OF, ANY RIGHTS AND REMEDIES AVAILABLE TO THE IHEARTPROVIDERS UNDER THIS AGREEMENT, ANY APPLICABLE ADDITIONAL TERMS, AND/OR ANY APPLICABLE LAW.
By using this iHeartProviders Site, you are representing and warranting that: (a) you are a legal resident of Canada; (b) you own or have sufficient authorization to use the computer, mobile device, technology or other device you use to access this iHeartProviders Site (collectively, “Device”); and (c) you will access and use this iHeartProviders Site in accordance with this Agreement.
You must be the age of majority in the Canadian province or territory in which you reside in order to register for certain features of the iHeartProviders Internet Service. In cases where you have authorized a minor to use the iHeartProviders Internet Service, you recognize that you are fully responsible for: (a) the online conduct of such minor; (b) controlling the minor’s access to and use of the iHeartProviders Internet Service; and (c) the consequences of any use or misuse of the iHeartProviders Internet Service by the minor. You acknowledge that content displayed or accessed through the iHeartProviders Internet Service may contain mature content that may be inappropriate for minors.
Some parts of this iHeartProviders Site may contain adult content, which may not be appropriate for all users. Adult and mature content is only intended for people who are at or above the legal age to view such content. By viewing this adult content, you are representing that you are at or above the legal age to view such content and that the content is acceptable to you. Filtering software is commercially available which can be used to exclude content that is not acceptable to you. This software may prevent the display of all or portions of the iHeartProviders Site content. You agree that access to and use of the iHeartProviders Site or the iHeartProviders Internet Services is at your sole risk, and that we have no liability to you or anyone else who uses the iHeartProviders Internet Service for the type of content accessed.
I. Mobile Devices
If permitted or available through the applicable iHeartProviders Internet Service, to (a) upload content to this iHeartProviders Site via your mobile device and/or tablet, (b) receive and reply to messages, or to access or make posts using text messaging, (c) browse this iHeartProviders Site from your mobile device and/or (d) 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 iHeartProviders make the iHeartProviders Internet Service available as well as any carrier services necessary to download content, and pay any service fees associated with any such access (including data usage, roaming, or text messaging charges for each text message you send and receive on your mobile device). Consult your carrier for information regarding any such costs. You acknowledge that listening and viewing quality, and the time it takes to begin listening to or viewing the content, may vary depending on the quality of your Internet or mobile connection and device capabilities. Further, you acknowledge that, from time to time, you may be unable to access the iHeartProviders Internet Services or you may experience audio and/or video re-buffering or drop-outs. In addition, you must provide all equipment and software necessary to connect to the iHeartProviders Internet Service, including, but not limited to, if this iHeartProviders 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 iHeartProviders 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 iHeartProviders’ or this iHeartProviders Site’s operations or the iHeartProviders Internet Service. Any equipment or software causing interference will be immediately disconnected from the iHeartProviders Internet Service and iHeartProviders will have the right to immediately terminate this Agreement. If any upgrade in or to the iHeartProviders 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. iHeartProviders reserve the right to change or cease support of any equipment or software platforms at any time. Unless explicitly stated otherwise, any new or additional features the iHeartProviders choose to provide that augment or enhance the current iHeartProviders 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 iHeartProviders Internet Service.
II. Changes to This Agreement
Subject to applicable law, iHeartProviders reserve the right, in our sole discretion, to modify, alter, or otherwise change this Agreement, the Additional Terms, or any portion thereof, at any time without incurring any liability or obligation whatsoever to you or any other person or entity. iHeartProviders will provide notice of such change on this iHeartProviders Site at least thirty (30) days before the modification comes into effect, and will indicate on this iHeartProviders Site the date this Agreement and/or the Additional Terms were last modified. Please review this Agreement and/or Additional Terms periodically for changes.
In addition, if you have registered for an iHeartProviders Internet Service, iHeartProviders will provide you notice using email and/or any other contact information iHeartProviders have for you, in our sole discretion, and setting out the new clause, or the modified clause and how it read formerly, and the date on which the change will come into effect. You may refuse the modification and rescind, or cancel the iHeartProvider Internet Service without cost, penalty or cancellation indemnity by providing us with notice to that effect no later than thirty (30) days after the modification comes into force, using the information in the notice. To the fullest extent permitted by law, your continued use of this iHeartProviders Site and/or iHeartProviders 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 iHeartProviders Site and/or the iHeartProviders Internet Service to which the changes may apply.
III. Privacy and Protection of Personal Information
For information on how personal information is collected, used, disclosed and protected by iHeartProviders in connection with your use of the iHeartProviders Site, please consult our Privacy Notice, by clicking here, and by using this iHeartProviders Site you agree to the terms of the Privacy Notice.
IV. Accounts, Security, Passwords
If a particular iHeartProviders Site or iHeartProviders Internet Service requires you to open an account, you must complete the specified registration process by providing us with current, complete, and accurate information as requested by the applicable online registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. After you have fully completed the registration form, you may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify iHeartProviders immediately of any unauthorized use of your account. iHeartProviders are not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge, or for any failure by you to comply with this section. You may cancel your account by delivering notice in the manner provided in this Agreement.
V. User Code of Conduct
In accessing and using this iHeartProviders Site and/or the iHeartProviders Internet Services, you agree that you will not:
- Use the iHeartProviders Site and/or the iHeartProviders Internet Service for anything other than your own personal, non-commercial purposes.
- Deliver any unsolicited advertisement, promotional materials, junk email, bulk email (also known as “spam”), chain letters, surveys or contests, (unless it is on a page that explicitly states that such postings are allowed on that page), or solicit participation in any pyramid schemes.
- Deliver any unlawful (according to local, provincial, territorial, federal, or international law or regulation) postings to or through this iHeartProviders Site and/or the iHeartProviders Internet Service, or any postings which advocate illegal activity.
- Deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable.
- Deliver, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, disability or any other prohibited ground of discrimination.
- Deliver, or provide links to, any postings containing defamatory, false or libelous material.
- Deliver any posting that infringes any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity (e.g., peer-to-peer (P2P) file-sharing, posting, unauthorized streaming, making available, uploading, downloading, or any other distribution of content in any manner that violates any intellectual property or other right) or facilitate such activities.
- Deliver any posting that you do not have a right to make available under law or contractual or fiduciary relationships.
- 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.
- Manipulate identifiers, including by forging headers, in order to disguise the origin or subject matter of any posting that you deliver.
- Deliver any posting containing personal information, such as phone numbers, social insurance numbers, account numbers, addresses or employer references.
- Use this iHeartProviders Internet Service in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of this iHeartProviders Site, iHeartProviders Internet Services 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 iHeartProviders Site and/or the iHeartProviders Internet Service, any related website, other accounts, computer system, or networks connected to this iHeartProviders Site and/or the iHeartProviders Internet Service, 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 iHeartProviders Site and/or the iHeartProviders Internet Service, including harvesting or otherwise collecting information about others such as email addresses.
- Copy, reproduce, distribute, transfer, sell, license, publish, enter into a database, publicly perform or display, modify, create derivative works, upload, edit, post, link to, frame, transmit, rent, lease or sublicense, or in any way exploit, any part of the iHeartProviders Site and/or iHeartProviders Internet Service or content.
- Use the iHeartProviders Site and/or iHeartProviders Internet Service to share or distribute any content, including via wireless streaming between devices, second-screen video playback, over-the-air streaming, or any similar processes, except directly in connection with your own personal, non-commercial use of the iHeartProviders Site and/or iHeartProviders Internet Service for the purposes permitted hereunder.
- Interfere or attempt to interfere with the operation of the iHeartProviders Site and/or iHeartProviders Internet Service, the content, or the servers or networks connected to the iHeartProviders Site and/or iHeartProviders Internet Service including, through denial of service attacks, overloading a service, improperly seizing or abusing operator privileges (“hacking”), or attempting to “crash” a host.
- Circumvent, remove, alter, deactivate, or degrade any of the content protections in the iHeartProviders Site and/or iHeartProviders Internet Service.
- Copy, reproduce, distribute, adapt, translate, modify, decompile, disassemble, or reverse engineer any software, applications or programs used in connection with the iHeartProviders Site and/or iHeartProviders Internet Service or the content.
- Copy, modify, alter, remove, or deface any trademarks, service marks, or other intellectual property displayed or made available through the iHeartProviders Site and/or iHeartProviders Internet Service, or use any of the foregoing for any purpose other than the purpose for which such intellectual property is made available to users of the iHeartProviders Site and/or iHeartProviders Internet Service.
- Use or attempt to use the iHeartProviders Site and/or iHeartProviders Internet Service in a manner to avoid incurring any applicable charges for usage.
- Use any data mining, robots, or similar data gathering and extraction tools on the iHeartProviders Site and/or iHeartProviders Internet Service, the content or on any portion thereof, or frame any portion of the iHeartProviders Site and/or iHeartProviders Internet Service or content, it being agreed that should we become aware that your device has been jail broken or rooted or has undergone any other similar process you will not be permitted to access the iHeartProviders Internet Service on such device.
- Use the iHeartProviders Site and/or iHeartProviders Internet Service to access any computer, software, data or any confidential, copyright-protected or patent-protected material of any other person, without the knowledge and consent of that person, or use any tools designed to facilitate access such as ‘packet sniffers’.
- Use the iHeartProviders Site and/or iHeartProviders Internet Service to post, upload, email, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offence or give rise to civil liability, or otherwise use the iHeartProviders Site and/or iHeartProviders Internet Service in a manner that is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the iHeartProviders Site and/or iHeartProviders Internet Service or the Internet.
- Use the iHeartProviders Site and/or iHeartProviders Internet Service to abuse, stalk, harass, threaten or otherwise violate the legal rights of any other(s), including rights relating to privacy and publicity.
You acknowledge that, subject to our Privacy Notice, we may disclose information relating to your use of, or access to, the iHeartProviders Site and/or iHeartProviders Internet Service that is necessary to satisfy any law, regulation, governmental or other lawful request from any applicable jurisdiction.
You also agree that, subject to our Privacy Notice, we may investigate you if we suspect you have violated this Agreement and/or any applicable laws, and may seek to gather information from you or about your use of the iHeartProviders Site and/or iHeartProviders Internet Service, in furtherance of this purpose. We may suspend your use of the iHeartProviders Site and/or iHeartProviders Internet Service if your conduct is under investigation. If we believe, in our sole discretion, that a violation of this Agreement and/or any applicable laws has occurred, we may take any corrective action deemed appropriate, including providing personally identifiable information as part of any legal process.
BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS THE IHEARTPROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE IHEARTPROVIDERS DURING OR AS A RESULT OF ITS INVESTIGATIONS OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE IHEARTPROVIDERS OR LAW ENFORCEMENT AUTHORITIES.
Except where otherwise provided, access to and use of this iHeartProviders Site and the iHeartProviders Internet Services offered through it are currently available without charge. iHeartProviders reserves the right to charge a fee for access to or use of this iHeartProviders Site, or any iHeartProviders Internet Service available on this iHeartProviders Site at any time in the future. Your access to or use of this iHeartProviders Site before such time does not entitle you to use of this iHeartProviders Site without charge in the future.
VII. Disclaimer of Warranties
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS IHEARTPROVIDERS SITE AND/OR IHEARTPROVIDERS INTERNET SERVICE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS IHEARTPROVIDERS SITE OR IHEARTPROVIDERS INTERNET SERVICE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. IHEARTPROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS IHEARTPROVIDERS SITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS IHEARTPROVIDERS SITE AND/OR IHEARTPROVIDERS INTERNET SERVICE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IHEARTPROVIDERS DISCLAIM 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. IHEARTPROVIDERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS IHEARTPROVIDERS SITE AND/OR IHEARTPROVIDERS INTERNET SERVICE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS IHEARTPROVIDERS SITE AND/OR ITS SERVER AND/OR IHEARTPROVIDERS INTERNET SERVICE WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. IHEARTPROVIDERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS IHEARTPROVIDERS SITE AND/OR IHEARTPROVIDERS INTERNET SERVICE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.
IHEARTPROVIDERS ARE 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 IHEARTPROVIDERS INTERNET SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
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, IHEARTPROVIDERS’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
IX. Limitations on Liability
(a) NOT APPLICABLE TO RESIDENTS OF QUEBEC: TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE IHEARTPRPVIDERS DISCLAIM ALL LIABILITY. THE IHEARTPROVIDERS, THEIR SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THIS IHEARTPROVIDERS SITE AND ITS CONTENTS AND/OR IHEARTPROVIDERS INTERNET SERVICE, DO NOT ACCEPT ANY LIABILITY TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES LOSS OF GOODWILL, PROFITS, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO: ; (I) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, PERFORMANCE OR NON-PERFORMANCE OF THIS IHEARTPROVIDERS SITE, IHEARTPROVIDERS INTERNET SERVICE, THE CONTENT, THIRD PARTY SOFTWARE, THIRD PARTY PLATFORMS, OR OTHER MATERIALS IN OR ASSOCIATED WITH THE IHEARTPROVIDERS INTERNET SERVICE; (II) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR ACCOUNT OR PERSONAL INFORMATION OR TRANSMISSIONS; (III) THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE; (IV) ERRORS OR INACCURACIES CONTAINED ON THIS IHEARTPROVIDERS SITE AND/OR IHEARTPROVIDERS INTERNET SERVICE OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THIS IHEARTPROVIDERS SITE AND/OR IHEARTPROVIDERS INTERNET SERVICE; (V) ANY TRANSACTIONS ENTERED INTO THROUGH THIS IHEARTPROVIDERS SITE AND/OR IHEARTPROVIDERS INTERNET SERVICE; (VI) 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 IHEARTPROVIDERS SITE OR ANY SITE TO WHICH IT PROVIDES HYPERLINKS AND/OR IHEARTPROVIDERS INTERNET SERVICE; OR (VII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THIS IHEARTPROVIDERS SITE AND/OR IHEARTPROVIDERS 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 IHEARTPROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. WITHOUT LIMITATION, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE.
(b) APPLICABLE ONLY TO RESIDENTS OF QUEBEC: TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW AND EXCEPT FOR DAMAGES RESULTING FROM IHEATPROVIDERS’ OWN ACTS, IHEARTPROVIDERS WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES, RESULTING FROM OR IN CONNECTION WITH: (I) ANY USE OF, OR INABILITY TO USE, THE IHEARTPROVIDERS SITE AND/OR IHEARTPROVIDERS INTERNET SERVICE, THE SOFTWARE, THE CONTENT, THIRD PARTY SOFTWARE, THIRD PARTY PLATFORMS, OR OTHER MATERIALS IN OR ASSOCIATED WITH THE IHEARTPROVIDERS SITE AND/OR IHEARTPROVIDERS INTERNET SERVICE; (II) ANY UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ASSOCIATED PROFILES; OR (III) ANY OTHER MATTER RELATING TO THE IHEARTPROVIDERS SITE AND/OR IHEARTPROVIDERS INTERNET SERVICE, THE SOFTWARE, THE CONTENT, THIRD PARTY SOFTWARE, THIRD PARTY PLATFORMS OR OTHER MATERIALS IN OR ASSOCIATED WITH THE IHEARTPROVIDERS SITE AND/OR IHEARTPROVIDERS INTERNET SERVICE. WITHOUT LIMITATION, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE.
(c) You expressly acknowledge that we make the iHeartProviders Site and iHeartProviders Internet Service, software and content available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth in this Agreement, and that these form an essential basis of the bargain between you and us. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and, subject to applicable laws, continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this Agreement.
You agree to indemnify and hold harmless iHeartProviders, our respective subsidiaries, agents, distributors and affiliates, and each of our 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: (a) your breach of any provision of this Agreement, any applicable Additional Terms, or any warranty you provide herein/therein, or otherwise arising in any way out of your use of this iHeartProviders Site and any iHeartProviders Internet Service and/or software; (b) your violation, alleged violation or misappropriation of any intellectual property right; or (c) any content submissions made through the iHeartProviders Internet Service by you. You agree to cooperate fully with iHeartProviders in asserting any available defences in connection with a claim subject to indemnification by you under this Agreement.
We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
XI. Modification/Termination by iHeartProviders
iHeartProviders reserve the right, in our sole discretion, to modify, suspend, or terminate this iHeartProviders Site and/or any portion thereof, including any iHeartProviders Internet Service. iHeartProviders reserve the right to cancel your account, password, or use of any iHeartProviders Internet Service, or any portion thereof, upon the notice period prescribed by applicable law.
Termination of your account for an iHeartProviders Site and/or iHeartProviders Internet Service removes your authorization to use the iHeartProviders Site and/or iHeartProviders 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, iHeartProviders shall not be liable to you or any third party for any termination of your access to an iHeartProviders Site and/or iHeartProviders Internet Service.
XIII. Software and Downloads Available Through This Site
Any software that is made available to access, use, view and/or download in connection with a iHeartProviders Site or iHeartProviders Internet Service (“Software”), including applications, podcasts, audio streaming, or video streaming, is owned or controlled by iHeartProviders and/or licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is limited to personal, 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. iHeartProviders accept no responsibility or liability in connection with any Software owned or controlled by third parties.
XIV. International Use/Export Controls
Accessing materials on this iHeartProviders Site by certain persons in certain countries may not be lawful, and iHeartProviders make no representation that materials on this iHeartProviders Site are appropriate or available for use in locations outside Canada. If you choose to access this iHeartProviders Site from outside Canada, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.
Canada controls the export of software, which may include software downloadable from this iHeartProviders Site. No software or any other materials associated with this iHeartProviders Site may be downloaded or otherwise exported or re-exported to countries or persons prohibited under applicable export control laws and any person or entity (a) whose name appears on the United Nations Security Council List and listed as such under any regulation made under the United Nations Act and (b) who is listed in a Schedule to any regulation made under the Special Economic Measures Act. 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 iHeartProviders 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.
XV. Third-Party Merchants
This iHeartProviders Site may enable you to order and receive products, information and services from businesses that are not owned or operated by iHeartProviders. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. iHeartProviders do not endorse, warrant, or guarantee such products, information, or services, and are not liable for the compliance, safety, quality, reliability, integrity, legality, availability, accuracy, completeness, or usefulness of such information or of such products or services. iHeartProviders will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for the iHeartProviders Site and/or iHeartProviders Internet Service.
XVI. Advertisements, Sponsorships, Co-Promotions and Other Arrangements
iHeartProviders may display advertisements for the goods and services of a third party on the iHeartProviders Sites, including in connection with co-promotions, sponsorships and other similar arrangements. iHeartProviders do not endorse or represent and are not responsible for the compliance, safety, quality, accuracy, reliability, integrity, availability, completeness, usefulness or legality of any such goods or services advertised, promoted or displayed on this iHeartProviders Site.
You may be invited or asked to attend iHeartProviders-sponsored events or events held by other members and users of this iHeartProviders Site which are not in any way associated with iHeartProviders at various locations throughout Canada (collectively, “Events”). Your participation in any Events is at your own risk and you agree to release and hold iHeartProviders, their subsidiaries, agents, distributors and affiliates, and their officers, directors and employees harmless from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, any injury or death to you or your minor children or wards, resulting from attending the Events or participation in any activities available at the Events. You also agree that we may film and record any of the Events sponsored by iHeartProviders in which you or your minor children or wards participate and you hereby agree that such films and recordings shall be owned by iHeartProviders and we may use your or your minor children or wards’ name, likeness, voice, performance and other activities in which you or your minor children or wards engage for any advertising, promotional or other lawful purpose in any and all media now or hereafter known throughout the world in perpetuity without notice, approval or compensation to you or any third party.
XVIII. Interactive Services and User Materials
This iHeartProviders Site may offer certain iHeartProviders Internet Services having interactive components such as bulletin boards, chat rooms, blogs, and forums (collectively, “iHeartProviders Interactive Services”). Additional Terms may cover iHeartProviders Internet Services, which appear on the pages where these services are available, in addition to the general terms provided below. The selection of available iHeartProviders Interactive Services may change from time to time in iHeartProviders’ sole discretion. You may participate in the iHeartProviders Interactive Service by completing the registration form where one is provided.
iHeartProviders do not control and are not responsible for any notes, messages, billboard postings, ideas, suggestions, concepts or other material, or files delivered to iHeartProviders by you or other users (collectively, “User Materials”). iHeartProviders are not obligated to and do not regularly review, prescreen, monitor, delete, or edit User Materials. However, iHeartProviders reserve the right to do so at any time in our sole discretion, for any reason or no reason, and to refuse, delete, move or edit any User Materials, in whole or in part, with or without notice. iHeartProviders are not responsible or liable for damages of any kind arising from any User Materials even when iHeartProviders are advised of the possibility of such damages, or from iHeartProviders’ alteration or deletion of any User Materials.
You are solely responsible and liable for all User Materials, your password or other credentials delivered to iHeartProviders, whether via your account, this iHeartProviders Site, email, or any other method. Any violation of these provisions can subject your iHeartProviders account to immediate termination and, possibly, further legal action. You represent and warrant that you own or otherwise control any and all rights in and to the User Materials and that public posting and use of the User Materials by iHeartProviders will not infringe or violate the rights of any third party in any manner.
By emailing, submitting, transmitting, posting, uploading, modifying or otherwise providing any User Material to iHeartProviders, whether solicited or unsolicited, you are granting iHeartProviders and its designees a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide license to reproduce, publish, modify, adapt, translate, license, distribute, transmit, perform, display, sublicense, create derivative works from and otherwise use such User Material for any purpose, including, without limitation, advertising and promotional purposes, alone or as a part of other works in any form, media or technology now or hereafter known. In addition, you hereby irrevocably waive all “moral rights” in any such User Material. No credit, approval or compensation is due to you for any such use of such User Materials. iHeartProviders also have the right, but not the obligation, to use your username (and real name, image, likeness or other identifying information, if provided in connection with User Materials), city, province or territory in connection with broadcast, print, online or other use or publication of your User Materials. Please note that any User Material you submit is and will be treated as non-confidential and non-proprietary as to you, unless specifically stated otherwise in our Privacy Notice.
The information and opinions expressed in User Materials appearing on this iHeartProviders Site are not necessarily those of iHeartProviders or their content providers, advertisers, sponsors, affiliated or related entities, and iHeartProviders make no representations or warranties regarding that information or those opinions, and expressly disclaim any responsibility for User Materials. iHeartProviders do not represent or guarantee the truthfulness, accuracy, or reliability of any User Materials or determine whether the User Materials violate the rights of others, and iHeartProviders have no control over whether such User Materials are of a nature that you or other users might find offensive, distasteful or otherwise unacceptable. You acknowledge that any reliance on any User Materials submitted by other users will be at your own risk, including any reliance on the accuracy, completeness or usefulness of such User Materials. You acknowledge that this iHeartProviders Site is “public” and, in addition to the license granted to iHeartProviders, other users may have access to your User Materials and might copy, modify or distribute them.
If you are aware of any User Material on this iHeartProviders Site which violates this Agreement, please contact us at email@example.com. Please provide as much detail as possible, including a copy of the underlying material, the location where iHeartProviders may find it, and the reason such User Material should be removed. Please note that filing a complaint will not guarantee its removal, iHeartProviders will only remove User Materials if iHeartProviders believe the measure is necessary, in our sole discretion. To the extent any notice is based on an alleged copyright violation, please follow the instructions set forth in the section entitled “Copyright Infringement.” Other than those we specifically request, we do not accept or consider unsolicited creative materials, ideas or suggestions either via this iHeartProviders Site, email or other means. This is to avoid any misunderstandings if your ideas are similar to those we have developed or obtained independently. However, if you do still transmit to us, via this iHeartProviders Site, email or otherwise, any unsolicited communication or material, you will be deemed to have granted to us the same rights and waivers as are set out in this section with respect to User Materials. Without limitation thereof, you agree that iHeartProviders, our affiliates and our licensees are free to use any ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products, services and content using such information, without any credit, notice, approval or compensation to you.
Referral Programs and “Forward to a Friend” Opportunities
The iHeartProviders Site may offer referral programs that permit you to submit information about other persons (each a “Referred Person”), including, without limitation, Canadian-based email addresses, names, street addresses and other contact information so they may receive information and/or promotional offers concerning the iHeartProviders Site and/or iHeartProviders Internet Service. You may only refer persons with whom you have had direct voluntary two way communications, and with whom it is reasonable to conclude you have a personal relationship considering shared interests, experiences, opinions and other relevant factors. You may only provide email addresses of family members to whom you are related by marriage, a common-law partnership, or parent-child relationship, and with whom you have had direct voluntary two way communications. You must have obtained the consent of the Referred Person prior to providing us with his or her contact information. Any message sent by us to a Referred Person you submit will identify you, and indicate that the message was sent on your behalf as a result of your referral. We reserve the right to limit the number of Referred Persons you can submit. We reserve the right to limit the number of transmissions to any particular Referred Person from time to time. You may not withdraw the contact information you provide for a Referred Person once it has been submitted. A Referred Person must be a permanent, legal resident of Canada, at least the age of majority in his or her jurisdiction of residence, and be able to register for the iHeartProviders Internet Service, or otherwise use the iHeartProviders Internet Service. The contact information for a Referred Person must be valid and functioning in order for us to contact him or her about the iHeartProviders Internet Service. We will not be responsible for validating the contact information you provide. We may elect NOT to communicate with any Referred Person and/or email address if he/she/it appears to be on any of our “do not contact” or “do not email” lists. In addition, we reserve the right to reject the participation of any Referred Person if (a) the contact information provided by you is incorrect or not valid, (b) such individual has violated any provision of these terms or conditions, or (c) we determine in our sole discretion that the participation of such individual might be harmful to us, this iHeartProviders Site, any iHeartProviders Internet Service, or any third party for any reason. We specifically disclaim any liability for exercising such right.
We may, at our discretion, send you a confirmation using any means available to us, including email, text and other forms of messaging, to inform you that the Referred Person has registered for the iHeartProviders Internet Service. If we send the confirmation to you via the carrier service with which you have a mobile communications subscription or otherwise have access, you understand you will pay any service fees associated with any such access (including text messaging charges in connection with messages to your mobile device). If you misuse any referral program or otherwise engage in improper behavior with respect to a referral program, as we determine in our sole discretion, we reserve the right to discontinue the iHeartProviders Internet Service to you. We may from time to time offer incentives or rewards in connection with a referral program, and any such incentive or reward programs shall be subject to Additional Terms which will be posted at the time such programs become available and will be deemed incorporated into, and subject to, this Agreement. We reserve the right, in our sole discretion, to suspend, temporarily or permanently, or cease to provide any and all referral programs without notice, reason or liability.
If you are using the iHeartProviders Internet Service to communicate to a Referred Person (or any third party), you agree not to use such iHeartProviders Internet Service to harm the Referred Person or any other third party, and/or use such iHeartProviders Internet Service in violation of any applicable laws, rules or regulations or the terms and conditions of this Agreement.
For any voting/rating features that are available on this iHeartProviders Site and/or iHeartProviders Internet Services, you must follow instructions on this iHeartProviders Site and/or iHeartProviders Internet Services to submit your votes/ratings, including any restrictions set forth with respect to limitations on voting/rating. Votes/ratings received from you in excess of any stated limitation will be disqualified. Payment or other consideration in exchange for votes/ratings is prohibited. Votes/ratings generated by script, macro or other automated means or any other means intended to impact the integrity of the voting/rating process as determined by us may be void. iHeartProviders assume no responsibility for incorrect/inaccurate voting/rating information or for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, votes/ratings. We may, at our discretion, modify, terminate, or suspend the voting/rating or void any vote/rating should a virus, bug, non-authorized human intervention, action of voter/rater, or other cause corrupt or impair the administration, security, or fairness of the voting/rating. We reserve the right, in our sole discretion, to disqualify any individual we find to be violating this Agreement, tampering with the voting/rating process, or acting in an unsportsmanlike or improper manner and void all associated votes/ratings. Our decisions with respect to all aspects of any voting/rating element are final and binding, but not limited to, with respect to the tallying of votes/ratings and the invalidation or disqualification of any suspected votes/ratings or voters/raters. You may also be given the opportunity to participate in voting/rating features in a third party application or feature (such as a social media platform), in which case your participation in such features will be subject to the terms and conditions governing that third party application or feature.
XIX. Subscription Services
This iHeartProviders Site may offer certain iHeartProviders subscription services such as newsletters and Real Simple Syndication (“RSS”) feeds (collectively, “iHeartProviders Subscription Services”). By registering for a iHeartProviders Subscription Service, you will be subject to any charges and rules set forth in the description of that service which may or may not be reflected in Additional Terms.
XX. Premium Services
Some iHeartProviders Internet Services on this iHeartProviders Site, including certain iHeartProviders Interactive and Subscription Services, may be offered to you conditioned on your payment of a fee (each a “iHeartProviders Premium Service”). By using the iHeartProviders Premium Service, you will be subject to any charges and rules set forth in the Additional Terms for that service, in addition to the general terms provided below. You may register for an iHeartProviders Premium Service by completing the applicable registration form.
Plus and All Access Services
iHeartProviders may currently or in the future make available three types of music streaming services: (1) the “Free-of-Charge Service”; (2) the “Plus Service”; and (3) the “All Access Service”. The following terms are applicable only if you purchase the Plus Service or the All Access Service (each a “Paid Subscription Service”). In order to obtain access to a Paid Subscription Service, you will be required to pay a specified subscription fee. Further details about the Paid Subscription Service will be made available at iheartradioondemand.com. iHeartProviders may change the features and services offered in any Paid Subscription Service in accordance with the Additional Terms for that service. The Paid Subscription Services are or will be made available to Canadian residents only.
Paid Subscription Service—Billing and Fees
Before you register for a Paid Subscription Service, iHeartProviders will provide notice of any charges. By registering for a Paid Subscription Service (which may include “Direct Purchases” and “In-App Purchases”, as defined below), you agree to pay all fees and charges associated with the Paid Subscription Service on a timely basis and are responsible for any charges incurred by your account. You warrant that the credit card information that you provide is correct and is your account. We are not liable for any loss that you may incur as a result of someone else using your password or account, whether with or without your knowledge.
By registering for a Paid Subscription Service and providing your credit card information, you authorize us (in the case of a Direct Purchase) or the App Store Provider (in the case of an In-App Purchase) to charge your credit card for the Paid Subscription Service fee at the then-current rate and any additional charges (including late charges and applicable federal, provincial, territorial or local taxes).
If you make an in-app purchase of a Paid Subscription Service (an “In-App Purchase”) via an app store provider (e.g., Apple App Store, Google Play, etc.) (an “App Store Provider”), then the applicable App Store Provider will charge your account the applicable fees or charges. Billing for In-App Purchases will be handled by the App Store Provider, according to their terms.
If you purchase a Paid Subscription Service directly from us (a “Direct Purchase”), we may use a third party that is not affiliated with us to process your payments as merchant of record (“Processor”). You agree that this Processor is solely responsible for controlling, handling and processing your payments. For Direct Purchases, the subscription fee for a Paid Subscription Service, if any, and any additional charges you may incur in connection with your use of the Paid Subscription Service (including applicable federal, provincial, territorial or local taxes), will be charged to your credit card one day after each month on the calendar day that corresponds with the commencement of your subscription. If your payment date falls on a date that does not exist in that month (e.g., the 31st day of a month), we will charge your credit card on the last day of the applicable month. However, you acknowledge that we reserve the right to change our billing methods. You may visit your member account to update your credit card information, and you agree to maintain a valid credit card for the duration of this Agreement in order to access the Paid Subscription Service. You may cancel the Paid Subscription Service at any time in accordance with the provisions below. You are liable for any amounts that are unsettled and overdue due to expiration, insufficient funds, or otherwise. We may deactivate your member account without notice if your payment is past due. Any delinquent payments are due in full within thirty (30) days of the termination or cancellation of a Direct Purchase Paid Subscription Service.
Paid Subscription Service—Promotional Trial
iHeartProviders may offer a free or reduced price trial subscription of the Plus Service or the All Access Service for a specified trial period either without payment or with payment of a reduced fee (a "Promotional Trial"). To initiate the Promotional Trial, you will be required to provide your credit card information, and, unless we specify otherwise as part of such Promotional Trial, you must cancel your subscription before the end of the Promotional Trial to avoid incurring standard-rate charges.
Unless otherwise specified, Promotional Trials are limited to a single Paid Subscription Service; you may not obtain more than a single Promotional Trial using the same account or credit card and if you have previously used the same account or credit card to obtain a Promotional Trial or Paid Subscription Service, then, if you seek to subscribe to a subsequent Promotional Trial, that card will immediately be charged applicable fee upon registration. iHeartProviders may, at their sole discretion and to the fullest extent permitted by law, revoke or alter a Promotional Trial without notice to you and at any time. Your Promotional Trial will end as soon as you purchase a Paid Subscription Service.
Unless we specify otherwise as part of your Promotional Trial, upon expiration of such Promotional Trial, unless you cancel the Paid Subscription Service for which you registered, you acknowledge that you will be automatically enrolled in the Paid Subscription Service you selected during registration and your credit card will automatically be charged the applicable fees (including applicable federal, provincial, territorial, or local taxes) for that Paid Subscription Service.
Paid Subscription Service—Subscription Rate Changes
We may change the subscription rate from time to time. If we do, we will provide you advance notice of any change in the subscription rate at least thirty (30) days before the modification comes into effect using email and/or any other contact information we have for you, in our sole discretion. The notice will set out the new clause, or the modified clause and how it read formerly, and the date on which the change will come into effect. If you do not agree with the new subscription rate, you may cancel your subscription without cost, penalty or cancellation indemnity by providing us with notice to that effect no later than thirty (30) days after the subscription rate change comes into force, using the information in the notice. To the fullest extent permitted by law, if you continue to use the Paid Subscription Service after the subscription rate has gone into effect, you will be charged the new rate until you cancel or the rate changes.
Paid Subscription Service—Data
As part of your purchase of a Paid Subscription Service, data collected through the registration and payment process may be shared with our applicable payment service provider. If you purchase the Paid Subscription Service online, such information will be shared with Processor. If you make an in-app purchase of the Paid Subscription Service, such information will be shared with the applicable app store provider (e.g., Apple App Store, Google Play, etc.). Your data will be handled in accordance with our Privacy Notice.
Paid Subscription Service—Member Account and Password
You are responsible for any membership name and password that is associated with your account during registration. If the Paid Subscription Service does not recognize your device from a previous sign-in, you will be asked for information that will help us to identify your registration. It is your responsibility to maintain the confidentiality of your password, if one is established. You are entirely responsible for any and all activities that occur under your account, and agree to notify us immediately of any unauthorized use of your account.
Paid Subscription Service—Limited to Canadian Residents, Personal and Non-Commercial Use
Paid Subscription Services, if any, will be for Canadian residents only. The Paid Subscription Services will be for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or otherwise exploit a Paid Subscription Services without our prior written consent.
Paid Subscription Service—Cancellation
Subject to any Additional Terms to which you have agreed, your Paid Subscription Service, and obligation to make payments, continues until you cancel your Paid Subscription Service or we cancel your Paid Subscription Service or terminate the Paid Subscription Service.
Subject to any Additional Terms, your subscription will continue until you choose to cancel it, and you may cancel your Paid Subscription Service at any time. For cancellation of Direct Purchases, go to “Settings” and follow the cancellation instructions; and for cancellation of In-App Purchases, follow your App Store Provider’s instructions. Subject to any Additional Terms, the cancellation of a Paid Subscription Service will result in a downgrade of your subscription service to the Free-of-Charge Service as of the end of your monthly billing cycle. In the event that you cancel a Paid Subscription Service before the end of your monthly billing cycle, we will not return any portion of your subscription fee provided and you will be entitled to continue accessing the applicable Paid Subscription Service until the end of your monthly billing cycle.
We reserve the right to terminate your access to a Paid Subscription Service or any portion thereof upon the advance written notice period required under applicable laws.
XXI. Member Account and Password
You are responsible for any membership name and password that is associated with your account during registration. If this premium service does not recognize your device from a previous sign-in, you will be asked for information that will help us to identify your registration. It is your responsibility to maintain the confidentiality of your password, if one is established. You are entirely responsible for any and all activities that occur under your account, and agree to notify us immediately of any unauthorized use of your account.
Charges for Premium Service
iHeartProviders will provide notice of any charges, or extra charges, before you register for or enter a premium area. You are responsible for any charges for premium content incurred by your account. We are not liable for any loss that you may incur as a result of someone else using your password or account, whether with or without your knowledge.
In the event that you pay for a premium service by credit card, you authorize us to charge your credit card account by registering for the service and providing us with your credit card information. You warrant to us that the credit card information that you provide us is correct and is your account.
Limited to Personal and Non-Commercial Use
Any premium service is for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products obtained from this premium service without our prior written consent. You may inquire about obtaining written permission from us to display or reproduce material from this iHeartProviders Site by writing:
Business & Legal Affairs
Bell Media Inc.
299 Queen Street West
Toronto, Ontario M5V 2Z5
Unless we provided you with Additional Terms at the time you purchased a premium service, your premium service, and obligation to make payments, continues until you cancel your premium service or we cancel your premium service or terminate the premium service. You may cancel your membership in a premium service at any time by contacting us using the contact information provided on the applicable premium service. In the event that you have paid a fee to register on this iHeartProviders Site and you cancel before the end of your monthly billing cycle, we will not return any portion of your membership fee provided that you will be entitled to continue accessing the applicable iHeartProviders Site until the end of your monthly billing cycle.
We reserve the right to terminate your access to a premium service or any portion thereof at any time upon the advance written notice period required under applicable law.
You may email your requests for customer service through the contact information provided on the home page of the applicable premium service.
Any sweepstakes, contests, games and/or promotional offers accessible on this iHeartProviders Site are governed by specific rules and/or terms and conditions. By entering a sweepstakes or contests or participating in such games or promotional offers available on this iHeartProviders Site, you will be subject to those rules and/or terms and conditions. It is critical that you read the applicable rules and/or or terms and conditions, which are linked from the particular page or activity. To the extent of any conflict between those rules and/or terms and conditions and this Agreement, the rules and/or terms and conditions for the sweepstakes, game or promotional offer will govern, but only to the extent of the conflict. Any sweepstakes, contests, games and/or promotional offers made available or advertised on third party sites accessible from this iHeartProviders Site (such as those of social media partners like Facebook and Twitter), in addition to being subject to the specific rules and/or terms and conditions applicable to your participation in such feature(s) on this iHeartProviders Site, will also be subject to the rules and/or terms and conditions applicable to your participation in such feature(s) on those third party sites.
If you are not a resident of Quebec, this Agreement and any Additional Terms shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. You hereby irrevocably agree to submit to the exclusive jurisdiction of the courts of the Province of Ontario for any cause of action arising out of this Agreement and waive any objections based upon venue.
If you are a resident of Quebec, this Agreement and any Additional Terms shall be interpreted, construed and governed by the laws in force in the Province of Quebec, Canada, without reference to its conflict of laws principles. You hereby irrevocably agree to submit to the exclusive jurisdiction of the courts of the Province of Quebec and to waive any objections based upon venue.
This Agreement is personal to you, and you may not assign your rights or obligations, in whole or in part, to anyone. The iHeartProviders may each, without prior notice and without your consent, assign this Agreement and upon such assignment the assignee shall assume all of such iHeartProvider’s rights and obligations under this Agreement and such iHeartProvider shall be released. 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. Our failure to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. No waiver of any breach of any provision of this Agreement by us shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof. Unless expressly provided otherwise, this Agreement is the entire agreement between you and iHeartProviders with respect to the use of this iHeartProviders Site and shall not be modified except in writing, signed by an authorized representative of iHeartProviders. You and we have requested that this Agreement and all correspondence and all documentation relating to this Agreement be written in the English language. Les parties aux présentes ont exigé que la présente entente, de même que toute la correspondance et la documentation relative à cette entente, soient rédigées en langue anglaise.
This paragraph does not apply to individuals who reside in Quebec, Ontario, or Saskatchewan. Subject to applicable laws, any controversy or claim arising out of or relating to the iHeartProviders Internet Service or this Agreement, or any alleged breach hereof, shall be settled at the request of either party by binding arbitration in the city in which you reside pursuant to the current laws relating to commercial arbitration in the Province in which you reside. One arbitrator specializing in the resolution of commercial disputes shall hear the arbitration and determine a final and binding resolution of the dispute. In the event the parties cannot agree to the appointment of a single arbitrator, the request for such appointment shall be referred to court and such appointment shall be decided by a Master or Judge, as applicable. The prevailing party shall be entitled to out-of-pocket reasonable costs and expenses incurred by such party, including reasonable lawyers' fees. You expressly waive the right to resolve any dispute through any other means, including by trial. By agreeing to arbitration, the parties do not intend to deprive any court of its jurisdiction to grant pre-arbitral injunction or other temporary or interim relief.
If you have any questions concerning this Agreement, you may contact us at:
Business & Legal Affairs
Bell Media Inc.
299 Queen Street West
Toronto, Ontario M5V 2Z5
XXIV. Copyright and Trademark Notice
Use of Intellectual Property
The iHeartProviders Site, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, including audio material, musical compositions and sound recordings, software, iHeartProviders logos, titles, characters, names, graphics and button icons (collectively, “Intellectual Property”), are protected by copyright, trademark and other laws of the United States and Canada, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by iHeartProviders or by other parties that have provided rights thereto to iHeartProviders.
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 iHeartProviders Site, in whole or in part, without the express written permission of iHeartProviders.
Other trademarks, service marks, product names and company names or logos appearing on this iHeartProviders Site that are not owned by iHeartProviders may not be used without express permission from their owners.
Additionally, unless otherwise expressly permitted by us, websites may not link, whether by hyperlink or otherwise, to any page beyond the homepage of this iHeartProviders Site, or frame this iHeartProviders Site, or any web page or material herein, nor may any entity include a link to any aspect of this iHeartProviders Site in an email for commercial purposes, without the prior express written permission of iHeartProviders. Further, unless otherwise expressly permitted by us, you agree not to link to iHeartProviders’ Intellectual Property so as to cause you or anyone else to be able to access iHeartProviders’ Intellectual Property other than through this iHeartProviders Site.
You may inquire about obtaining permission by writing:
Business & Legal Affairs
Bell Media Inc.
299 Queen Street West
Toronto, Ontario M5V 2Z5
This Agreement was last modified on November 22, 2017.