Changes to this AgreementThis Agreement is effective as of May 12, 2011. 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 Website. Please review this Agreement and/or Additional Terms periodically for changes. Your continued use of the iHeartMedia Website 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 Website and/or the iHeartMedia Internet Service to which the changes may apply.
Accounts, Security, PasswordsIf a particular iHeartMedia Website or iHeartMedia 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 iHeartMedia immediately of any unauthorized use of your account. iHeartMedia is 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. You may cancel your account by delivering notice in the manner provided in the Additional Terms governing the particular iHeartMedia Internet Service.
FeesExcept where otherwise provided, access to and use of this iHeartMedia Website and the IHeartMedia Internet Services offered through this site are currently available without charge. iHeartMedia reserves the right to charge a fee for access to or use of this iHeartMedia Website, or any iHeartMedia Internet Service available on this iHeartMedia Website at any time in the future. Your access to or use of this iHeartMedia Website before such time does not entitle you to use of this iHeartMedia Website without charge in the future.
Disclaimer of WarrantiesYOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS IHEARTMEDIA WEBSITE 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 WEBSITE 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 WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. 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 WEBSITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE 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 WEBSITE 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.
LinksThis iHeartMedia Website may contain links to websites operated by third parties. 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 these sites. If you choose to access any third party site, you do so at your own risk. 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.
Software And Downloads Available Through This WebsiteAny software that is made available to view and/ or download in connection with a iHeartMedia Internet Service ("Software"), including 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.
Third-Party MerchantsThis iHeartMedia Website may enable you to order and receive products, information and services from businesses that are not owned or operated by iHeartMedia. 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. iHeartMedia does not endorse, warrant, or guarantee such products, information, or services, and is not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. iHeartMedia 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 iHeartMedia Internet Service.
Modification/Termination by iHeartMediaiHeartMedia reserves the right, in its sole discretion, to modify, suspend, or terminate this iHeartMedia Website and/or any portion thereof, including any iHeartMedia Internet Service, and/or your account, password, 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 account for 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.
Interactive ServicesThis iHeartMedia Website may offer certain iHeartMedia Internet Services having interactive components such as bulletin boards, chat rooms, blogs, and forums (collectively "iHeartMedia Interactive Services"). Additional terms may cover these services, which appear on the pages where these services are available and can be found here.
Subscription ServicesThis iHeartMedia Website may offer certain iHeartMedia Subscription Services such as newsletters and Real Simple Syndication ("RSS") feeds (collectively "iHeartMedia Subscription Services"). By registering for an iHeartMedia Subscription Service, you will be subject to any charges and rules set forth in the description of that service
Premium ServicesSome iHeartMedia Internet Services on this iHeartMedia Website, including certain iHeartMedia Interactive and Subscription Services, may be offered to you conditioned on your payment of a fee ("iHeartMedia Premium Service"). By using the iHeartMedia Premium Service, you will be subject to any charges and rules set forth in the Additional Terms for that service.
Contests/SweepstakesFor Additional Terms applying to all contests or sweepstakes conducted by this iHeartMedia Website, refer to this site's contest or sweepstakes information.
Limitations on LiabilityIn no event shall iHeartMedia, its subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available the iHeartMedia Website 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 the iHeartMedia Website; (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 the iHeartMedia Website or any information, software, products, services, and related graphics obtained through the iHeartMedia Website; (vi) any transactions entered into through this iHeartMedia Website; (vii) any property damage including damage to your computer or computer system caused by viruses or other harmful components, during or on account of access to or use of this iHeartMedia Website or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of the iHeartMedia Website 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.
IndemnificationYou agree to indemnify, defend, 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 Website and any related iHeartMedia Internet Service and/or software. IHeartMedia reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with iHeartMedia in asserting any available defenses.
International Use/U.S. Export ControlsAccessing materials on this iHeartMedia Website by certain persons in certain countries may not be lawful, and iHeartMedia makes no representation that materials on this iHeartMedia Website are appropriate or available for use in locations outside the United States. If you choose to access this iHeartMedia Website 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 Website. No software or any other materials associated with this iHeartMedia Website 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 Website, you represent and warrant that you are no 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.
COPYRIGHT & TRADEMARK NOTICE
Use of Intellectual PropertyThe iHeartMedia Website, 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 Clear Channel. 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 Website, 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 Website that are not owned by iHeartMedia may not be used without express permission from their owners. Additionally, unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of this iHeartMedia Website, or frame this iHeartMedia Website, or any web page or material herein, nor may any entity include a hyperlink to any aspect of the iHeartMedia Website in an email for commercial purposes, without the express written permission of iHeartMedia. You may inquire about obtaining permission by writing: L. Skrypoczka
200 East Basse Road
San Antonio, TX 78209
By Facsimile: (210)832-3149
By Email: IPPermission@iHeartMedia.com
Copyright InfringementiHeartMedia 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 Website, you are granting permission to have this material posted on this iHeartMedia Website, 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 here.
Procedure for Making Claim of Copyright InfringementIf 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: L. Skrypoczka
DMCA Designated Agent
c/o Legal Department
200 East Basse Road
San Antonio, TX 78209
By Facsimile: (210) 832-3149
By Email: email@example.com Pursuant to 17 U.S.C. ¤ 512(c), to be effective, the Notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- 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.
- 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.
- Information reasonably sufficient to permit IHeartMedia to contact the complaining party, such as an address, telephone number, and, if available, an email address.
- 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.
- 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.
- 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 (unless it is on a page that explicitly states that such postings are allowed on that page).
- Deliver any unlawful (according to local, state, federal, or international law or regulation) postings to or through the iHeartMedia Website, 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, or disability.
- Deliver, or provide links to, any postings containing defamatory, false or libelous material.
- Deliver any posting that infringes or violates 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.
- Deliver any posting to 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 of any posting that you deliver.
- Use this iHeartMedia service in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of the IHeartMedia Website or other users' computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment.
- Attempt to gain unauthorized access to this iHeartMedia Website, any related website, other accounts, computer system, or networks connected to this iHeartMedia Website, 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 Website, including harvesting or otherwise collecting information about others such as email addresses.
Member Account and PasswordYou 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 ServiceiHeartMedia 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 UseThis 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 site by writing: L. Skrypoczka
200 East Basse Road
San Antonio, TX 78209
By Facsimile: (210) 832-3149
By Email: IPPermission@iHeartMedia.com