VersiÃŗn en EspaÃąol: https://www.iheartradio.com/terms-es-us
Quick Guide to Contents
Quick Guide to Contents
- MOBILE DEVICES
- CHANGES TO THIS AGREEMENT
- PRIVACY AND PROTECTION OF PERSONAL INFORMATION
- ACCOUNTS, SECURITY, PASSWORDS
- USER CODE OF CONDUCT
- FEES
- DISCLAIMER OF WARRANTIES
- EXCEPTIONS
- LIMITATIONS ON LIABILITY
- INDEMNIFICATION
- MODIFICATION/TERMINATION BY IHEARTMEDIA
- LINKS
- SOFTWARE AND DOWNLOADS AVAILABLE THROUGH THIS SITE
- INTERNATIONAL USE/U.S. EXPORT CONTROLS
- THIRD-PARTY MERCHANTS
- ADVERTISEMENTS, SPONSORSHIPS, CO-PROMOTIONS AND OTHER PARTNERSHIPS
- EVENTS
- INTERACTIVE SERVICES AND USER MATERIALS
- SUBSCRIPTION SERVICES
- PREMIUM SERVICES
- MEMBER ACCOUNT AND PASSWORD
- CONTESTS/SWEEPSTAKES
- GENERAL
- ARTIFICIAL INTELLIGENCE
- 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, 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 thisâ¯iHeartMedia Site and related services for your personal non-commercialâ¯use only and subject to your compliance with this Terms of Use Agreementâ¯(the "Agreement"). Please read this Agreement carefully before usingâ¯this iHeartMedia Sites. Your use of this iHeartMedia Sites constitutesâ¯your acceptance to be bound by this Agreement without limitation, qualification or change. If at any time you do not accept all the termsâ¯and conditions of this Agreement, you must immediately discontinue useâ¯of this iHeartMedia Site. This Agreement sets forth iHeartMediaâsâ¯policies with respect to its operation of the iHeartMedia Sites. Other policies govern iHeartMediaâs non-Internet operations.
Certain products orâ¯services offered by this and/or other iHeartMedia Sites (each an "iHeartMedia Internet Service," and collectively "iHeartMedia Internet Services"), and certain areas within this and/or other iHeartMedia Sitesâ¯may be governed by additional terms ("Additional Terms") presented inâ¯conjunction with those products or services. You must agree to theseâ¯Additional Terms before using those areas or iHeartMedia Internetâ¯Services. The Additional Terms and this Agreement, taken together, shallâ¯apply to your use of those areas or iHeartMedia Internet Services. Inâ¯the event of an irreconcilable inconsistency between the Additionalâ¯Terms and this Agreement, the Additional Terms shall control.
YOU MAY NOT USE ANYâ¯IHEARTMEDIA SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THISâ¯AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO ANYâ¯IHEARTMEDIA SITE MAY BE TERMINATED IMMEDIATELY IN IHEARTMEDIAâS SOLEâ¯DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANYâ¯PROVISIONS OF THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS, ORâ¯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 if you are not, that you are 13 years or older and have obtained parental or guardian consent to enter into this Agreement; (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. Some parts of this iHeartMedia Site may contain adult content intended for people who are at or above the legal age of majority in their jurisdiction of residence. By viewing this adult content, you are representing that you are at or above such legal age of majority 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 iHeartMedia Site content.
â¯1. MOBILE DEVICES
If permitted or availableâ¯through the applicable iHeartMedia Internet Service, to (a) uploadâ¯content to this iHeartMedia Site via your mobile device and/or tablet,â¯(b) receive and reply to messages, or to access or make posts using textâ¯messaging, (c) browse this iHeartMedia Site from your mobile deviceâ¯and/or (d) to access certain features through a mobile application youâ¯have downloaded and installed on your mobile device (collectively theâ¯"Mobile Services"), you must have a mobile communications subscriptionâ¯(or have the consent of the applicable subscriber) with a participatingâ¯carrier or otherwise have access to a mobile communications network forâ¯which iHeartMedia makes the iHeartMedia Internet Service available asâ¯well as any carrier services necessary to download content, and pay anyâ¯service fees associated with any such access (including text messagingâ¯charges for each text message you send and receive on your mobileâ¯device). In addition, you must provide all equipment and softwareâ¯necessary to connect to the iHeartMedia Internet Service, including, butâ¯not limited to, if this iHeartMedia Site contains a mobile element, a mobile hand set or other mobile access device that is in working orderâ¯and suitable for use in connection with the iHeartMedia Internet Serviceâ¯and to use any part of that Service. You are responsible for ensuringâ¯that your equipment and/or software does not disturb or interfere withâ¯iHeartMediaâs or this iHeartMedia Siteâs operations or the iHeartMediaâ¯Internet Service. Any equipment or software causing interference will beâ¯immediately disconnected from the iHeartMedia Internet Service and iHeartMedia will have the right to immediately terminate this Agreement.â¯If any upgrade in or to the iHeartMedia Internet Service requiresâ¯changes in your equipment or software (including the operating systemâ¯for your Device), you must effect these changes at your own expense.â¯Unless explicitly stated otherwise, any new or additional features thatâ¯augment or enhance the current iHeartMedia Internet Service, includingâ¯the release of new products and services, will be subject to the termsâ¯and conditions of this Agreement. You agree to follow and comply withâ¯any applicable laws in your use of the iHeartMedia Internet Service.
2. CHANGES TO THIS AGREEMENT
iHeartMedia reserves theâ¯right, in its sole discretion, to modify, alter, or otherwise changeâ¯this Agreement and/or the Additional Terms at any time. iHeartMedia will provide notice of such change on this iHeartMedia Site. Please reviewâ¯this Agreement and/or Additional Terms periodically for changes. Yourâ¯continued use of this iHeartMedia Site and/or iHeartMedia Internetâ¯Service constitutes your acceptance and agreement to be bound by theseâ¯changes without limitation, qualification or change. If at any time youâ¯do not accept these changes, you must immediately discontinue use ofâ¯this iHeartMedia Site and/or the iHeartMedia Internet Service to which the changes may apply.
â¯3. 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, here:â¯https://www.iheartradio.com/legal/privacy, and by using this iHeartMedia Site you agree to the terms of the Privacy Statement.
â¯4. ACCOUNTS, SECURITY, PASSWORDS
If a particularâ¯iHeartMedia Site or iHeartMedia Internet Service requires you to open anâ¯account, you must complete the specified registration process byâ¯providing us with current, complete, and accurate information asâ¯requested by the applicable online registration form. It is yourâ¯responsibility to maintain the currency, completeness, and accuracy ofâ¯your registration data and any loss caused by your failure to do so isâ¯your responsibility. After you have fully completed the registrationâ¯form, you may be asked to choose a password and a user name. It isâ¯entirely your responsibility to maintain the confidentiality of yourâ¯password and account. Additionally, you are entirely responsible for anyâ¯and all activities that occur under your account. You agree to notifyâ¯iHeartMedia immediately of any unauthorized use of your account.â¯iHeartMedia is not liable for any loss that you may incur as a result ofâ¯someone else using your password or account, either with or withoutâ¯your knowledge. You may cancel your account by delivering notice in theâ¯manner provided in the Additional Terms governing the particularâ¯iHeartMedia Internet Service.
â¯5. USER CODE OF CONDUCT
In accessing and using this iHeartMedia Site and/or the iHeartMedia Internet Services, you agree that you will not:
Deliverâ¯any unsolicited advertisement, promotional materials, junk email, bulkâ¯email (also known as "spam"), chain letters, surveys or contests, or solicit participation in any pyramid schemes (unless it is on a pageâ¯that explicitly states that such postings are allowed on that page). Deliver any unlawfulâ¯(according to local, state, federal, or international law or regulation)â¯postings to or through this iHeartMedia Site, or any postings whichâ¯advocate illegal activity. Deliver, or provide linksâ¯to, any postings containing material that could be considered harmful,â¯obscene, pornographic, indecent, lewd, violent, abusive, profane,â¯insulting, threatening, harassing, hateful or otherwise objectionable. Deliver, or provide linksâ¯to, any postings containing material that harasses, victimizes,â¯degrades, or intimidates an individual or group of individuals on theâ¯basis of religion, race, ethnicity, sexual orientation, gender, age, orâ¯disability. Deliver, or provide links to, any postings containing defamatory, false or libelous material. Deliver any posting thatâ¯infringes or violates any intellectual property or other right of anyâ¯entity or person, including, without limitation, copyrights, patents,â¯trademarks, laws governing trade secrets, rights to privacy, orâ¯publicity. Deliver any posting to that you do not have a right to make available under law or contractual or fiduciary relationships. Impersonate anotherâ¯person or entity or falsely state or otherwise misrepresent yourâ¯affiliation with a person or entity, or adopt a false identity if theâ¯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. Deliver any postingâ¯containing personal information, such as phone numbers, social securityâ¯numbers, account numbers, addresses or employer references. Use this iHeartMediaâ¯service in any manner which could damage, disable, overburden, or impairâ¯or otherwise interfere with the use of this iHeartMedia Site or otherâ¯usersâ Devices, or cause damage, disruption or limit the functioning ofâ¯any software, hardware, or telecommunications equipment. Attempt to gainâ¯unauthorized access to this iHeartMedia Site, any related website, other accounts, computer system, or networks connected to this iHeartMediaâ¯Site, through hacking, password mining, or any other means. Obtain or attempt toâ¯obtain any materials or information through any means not intentionallyâ¯made available through this iHeartMedia Site, including harvesting orâ¯otherwise collecting information about others such as email addresses.
â¯6. FEES
Except where otherwise provided, access to and use of thisâ¯iHeartMedia Site and the iHeartMedia Internet Services offered throughâ¯it are currently available without charge. iHeartMedia reserves theâ¯right to charge a fee for access to or use of this iHeartMedia Site, orâ¯any iHeartMedia Internet Service available on this iHeartMedia Site atâ¯any time in the future. Your access to or use of this iHeartMedia Siteâ¯before such time does not entitle you to use of this iHeartMedia Siteâ¯without charge in the future.
â¯7. DISCLAIMER OF WARRANTIES
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROMâ¯OR THROUGH THIS IHEARTMEDIA SITE AND/OR IHEARTMEDIA INTERACTIVE SERVICEâ¯IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS,â¯SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN ORâ¯AVAILABLE THROUGH THIS IHEARTMEDIA SITE OR IHEARTMEDIA INTERACTIVEâ¯SERVICE ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS.â¯IHEARTMEDIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHERâ¯EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS IHEARTMEDIA SITE OR THEâ¯INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS IHEARTMEDIA SITE. TOâ¯THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IHEARTMEDIAâ¯DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESSâ¯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 NOTâ¯WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS IHEARTMEDIA SITE WILLâ¯OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, ORâ¯THAT THIS IHEARTMEDIA SITE AND/OR ITS SERVER WILL BE FREE OF VIRUSESâ¯AND/OR OTHER HARMFUL COMPONENTS. IHEARTMEDIA DOES NOT WARRANT OR MAKEâ¯ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY,â¯RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KINDâ¯CONTAINED WITHIN THIS IHEARTMEDIA SITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICSâ¯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 TICKETâ¯ORDERS OR IHEARTMEDIA INTERACTIVE SERVICES, OR ANY COMPUTER VIRUS ORâ¯OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
â¯8. 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.â¯IN SUCH JURISDICTIONS, IHEARTMEDIAâS LIABILITY WILL BE LIMITED TO THEâ¯FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
â¯9. LIMITATIONS ON LIABILITY
In no event shall iHeartMedia, its subsidiaries, affiliates,â¯distributors, suppliers, licensors, agents or others involved inâ¯creating, sponsoring, promoting, or otherwise making available thisâ¯iHeartMedia Site and its contents, be liable to any person or entityâ¯whatsoever for any direct, indirect, incidental, special, compensatory,â¯consequential, or punitive damages or any damages whatsoever, includingâ¯but not limited to: (1) loss of goodwill, profits, businessâ¯interruption, data or other intangible losses; (2) your inability toâ¯use, unauthorized use of, performance or non-performance of thisâ¯iHeartMedia Site; (3) unauthorized access to or tampering with yourâ¯personal information or transmissions; (4) the provision or failure toâ¯provide any service; (5) errors or inaccuracies contained on thisâ¯iHeartMedia Site or any information, software, products, services, and related graphics obtained through this iHeartMedia Site; (6) anyâ¯transactions entered into through this iHeartMedia Site; (7) anyâ¯property damage including damage to your Device or computer systemâ¯caused by viruses or other harmful components, during or on account ofâ¯access to or use of this iHeartMedia Site or any site to which itâ¯provides hyperlinks; or (8) damages otherwise arising out of the useâ¯of this iHeartMedia Site and iHeartMedia Internet Services. The limitations of liability shall apply regardless of the form of action,â¯whether based on contract, tort, negligence, strict liability orâ¯otherwise, even if iHeartMedia has been advised of the possibility ofâ¯damages.
10. INDEMNIFICATION
You agree to indemnify and hold harmless iHeartMedia, itsâ¯subsidiaries, agents, distributors and affiliates, and their officers,â¯directors and employees from and against any and all claims, actions,â¯demands, liabilities, costs and expenses, including, without limitation,â¯reasonable attorneysâ fees, resulting from your breach of any provision of this Agreement, the Additional Terms, or any warranty you provideâ¯herein, or otherwise arising in any way out of your use of this iHeartMedia Site and any related iHeartMedia Internet Service and/orâ¯software. You agree to cooperate fully with iHeartMedia in asserting anyâ¯available defenses in connection with a claim subject to indemnification by you under this Agreement.
â¯11. MODIFICATION/TERMINATION BY IHEARTMEDIA
iHeartMedia reserves the right, in its sole discretion, to modify,â¯suspend, or terminate this iHeartMedia Site and/or any portion thereof,â¯including any iHeartMedia Internet Service, and/or your account,â¯password, or use of any iHeartMedia Internet Service, or any portionâ¯thereof, at any time for any reason with or without notice to you.
Termination of your account for an iHeartMedia Internet Serviceâ¯removes your authorization to use the iHeartMedia Internet Service. Inâ¯the event of termination, you will still be bound by your obligationsâ¯under this Agreement and any Additional Terms, including the warrantiesâ¯made by you, and by the disclaimers and limitations of liability. Additionally, iHeartMedia shall not be liable to you or any third partyâ¯for any termination of your access to an iHeartMedia Internet Service.
â¯12. LINKS
This iHeartMedia Site may contain links to websites, applications orâ¯other services operated by third parties (the "Linked Sites").â¯iHeartMedia does not monitor or control the Linked Sites and makes noâ¯representations regarding, and is not liable or responsible for theâ¯accuracy, completeness, timeliness, reliability or availability of, anyâ¯of the content uploaded, displayed, or distributed, or products, orâ¯services available at the Linked Sites. If you choose to access anyâ¯third-party site (including any Linked Site), you do so at your ownâ¯risk, and your use of that site is subject to its own terms of use andâ¯privacy policy, which you should review. The presence of a link to a third-party site does not constitute or imply iHeartMediaâs endorsement,â¯sponsorship, or recommendation of the third party or of the content,â¯products, or services contained on, or available through, the site.
â¯13. SOFTWARE AND DOWNLOADS AVAILABLE THROUGH THIS SITE
Any software that is made available to access, use, view and/orâ¯download in connection with an iHeartMedia Site or iHeartMedia Internetâ¯Service ("Software"), including applications, podcasts, audio streaming,â¯or video streaming, is owned or controlled by iHeartMedia and/orâ¯licensors, affiliates and suppliers and is protected by copyright lawsâ¯and international treaty provisions. Your use of the Software is limitedâ¯to private, non-commercial use and is governed by the terms of the endâ¯user license agreement, if any, which accompanies or is included withâ¯the Software. iHeartMedia accepts no responsibility or liability inâ¯connection with any Software owned or controlled by third parties.
â¯14. INTERNATIONAL USE/U.S. EXPORT CONTROLS
Accessing materials on this iHeartMedia Site by certain persons inâ¯certain countries may not be lawful, and iHeartMedia makes noâ¯representation that materials on this iHeartMedia Site are appropriateâ¯or available for use in locations outside the United States. If youâ¯choose to access this iHeartMedia Site from outside the United States, you do so at your own risk and initiative, and are responsible forâ¯compliance with any applicable local laws.
The United States controls the export of any software downloadableâ¯from this iHeartMedia Site. No software or any other materialsâ¯associated with this iHeartMedia Site may be downloaded or otherwiseâ¯exported or re-exported to countries or persons prohibited under exportâ¯control laws, including but not limited to countries against which theâ¯United States has embargoed goods, or to anyone on the U.S. Treasuryâ¯Department list of Specially Designated Nationals and Blocked Persons orâ¯the U.S. Commerce Departmentâs Table of Deny Orders. You areâ¯responsible for compliance with the laws of your local jurisdictionâ¯regarding the import, export, or re-export of any such materials. Byâ¯using and/or downloading any such materials from an iHeartMedia Site, youâ¯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,â¯export, or re-export is prohibited or are not a person or entity toâ¯which such export is prohibited.
â¯15. THIRD-PARTY MERCHANTS
This iHeartMedia Site may enable you to order and receive products,â¯information and services from businesses that are not owned or operatedâ¯by iHeartMedia. The purchase, payment, warranty, guarantee, delivery,â¯maintenance, and all other matters concerning the merchandise, servicesâ¯or information, opinion or advice ordered or received from suchâ¯businesses are solely between you and such businesses. iHeartMedia doesâ¯not endorse, warrant, or guarantee such products, information, or services, and is not liable for the accuracy, completeness, orâ¯usefulness of such information or the quality of availability of suchâ¯products or services. iHeartMedia will not be a party to or in any wayâ¯responsible for monitoring any transaction between you and third-partyâ¯providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separateâ¯charges or obligations you incur in your dealings with these thirdâ¯parties are your responsibility and are not part of the fee, if any,â¯charged for the iHeartMedia Internet Service.
â¯16. ADVERTISEMENTS, SPONSORSHIPS, CO-PROMOTIONS, AND OTHER PARTNERSHIPS
iHeartMedia may display advertisements for the goods and services of aâ¯third party on the iHeartMedia Sites, including in connection withâ¯co-promotions, sponsorships and other similar partnership arrangements.â¯iHeartMedia does not endorse or represent and is not responsible for theâ¯safety, quality, accuracy, reliability, integrity or legality of anyâ¯such goods or services advertised, promoted or displayed on thisâ¯iHeartMedia Site.
â¯17. EVENTS
You may be invited or asked to attend iHeartMedia-sponsored events orâ¯events held by other members and users of this iHeartMedia Site whichâ¯are not in any way associated with iHeartMedia at various locationsâ¯throughout the United States (collectively, "Events"). Yourâ¯participation in any Events is at your own risk and you agree to releaseâ¯and hold iHeartMedia, its subsidiaries, agents, distributors andâ¯affiliates, and their officers, directors and employees harmless fromâ¯and against any and all claims, actions, demands, liabilities, costs andâ¯expenses, including, without limitation, any injury or death to you orâ¯your minor children or wards, resulting from attending the Events orâ¯participation in any activities available at the Events. You also agreeâ¯that we may film and record any of the Events sponsored by iHeartMediaâ¯in which you or your minor children or wards participate and you herebyâ¯agree that such films and recordings shall be owned by iHeartMedia andâ¯we may use your or your minor children or wardsâ name, likeness, voice,â¯performance and other activities in which you or your minor children orâ¯wards engage for any advertising, promotional or other lawful purpose inâ¯any and all media now or hereafter known throughout the world inâ¯perpetuity without notice, approval or compensation to you or any thirdâ¯party.
â¯18. INTERACTIVE SERVICES AND USER MATERIALS
This iHeartMedia Site may offer certain iHeartMedia Internet Servicesâ¯having interactive components such as bulletin boards, chat rooms,â¯blogs, and forums (collectively, "iHeartMedia Interactive Services").â¯Additional Terms may cover iHeartMedia Internet Services, which appearâ¯on the pages where these services are available, in addition to theâ¯general terms provided below. The selection of available iHeartMediaâ¯Internet Services may change from time to time in iHeartMediaâs soleâ¯discretion. You may participate in the iHeartMedia Interactive Serviceâ¯by completing the registration form where one is provided.
User Materials
iHeartMedia does not control and is not responsible for any notes,â¯messages, billboard postings, ideas, suggestions, concepts or otherâ¯material, or files delivered to iHeartMedia by you or other usersâ¯(collectively, "User Materials"). iHeartMedia is not obligated to andâ¯does not regularly review, prescreen, monitor, delete, or edit Userâ¯Materials. However, iHeartMedia reserves the right to do so at any timeâ¯in its sole discretion, for any reason or no reason, and to refuse,â¯delete, move or edit any User Materials, in whole or in part, with orâ¯without notice. iHeartMedia is not responsible or liable for damages ofâ¯any kind arising from any User Materials even when iHeartMedia isâ¯advised of the possibility of such damages, or from iHeartMediaâsâ¯alteration or deletion of any User Materials.
You are solely responsible and liable for all User Materialsâ¯delivered to iHeartMedia, whether via your account, this iHeartMediaâ¯Site, email, or any other method. Any violation of these provisions canâ¯subject your iHeartMedia account to immediate termination and, possibly,â¯further legal action. You represent and warrant that you own orâ¯otherwise control any and all rights in and to the User Materials andâ¯that public posting and use of the User Materials by iHeartMedia willâ¯not infringe or violate the rights of any third party in any manner.
By emailing, submitting, transmitting, posting, uploading, modifyingâ¯or otherwise providing any User Material to iHeartMedia, whetherâ¯solicited or unsolicited, you are granting iHeartMedia and its designeesâ¯a royalty-free, fully paid, non-exclusive, irrevocable, perpetual,â¯unrestricted, worldwide license to reproduce, publish, transmit,â¯perform, display, sublicense, create derivative works from and otherwiseâ¯use such User Material for any purpose, including, without limitation,â¯advertising and promotional purposes, alone or as a part of other worksâ¯in any form, media or technology now or hereafter known. No credit,â¯approval or compensation is due to you for any such use of Userâ¯Materials you may submit. iHeartMedia also has the right, but not theâ¯obligation, to use your username (and real name, image, likeness orâ¯other identifying information, if provided in connection with Userâ¯Materials), city and state in connection with broadcast, print, onlineâ¯or other use or publication of your User Materials. Please note that anyâ¯User Material you submit is and will be treated as non-confidential andâ¯non-proprietary as to you, unless specifically stated otherwise in ourâ¯Privacy Statement.
The information and opinions expressed in User Materials appearing onâ¯this iHeartMedia Site are not necessarily those of iHeartMedia or itsâ¯content providers, advertisers, sponsors, affiliated or relatedâ¯entities, and iHeartMedia makes no representations or warrantiesâ¯regarding that information or those opinions, and expressly disclaimsâ¯any responsibility for User Materials. iHeartMedia does not represent orâ¯guarantee the truthfulness, accuracy, or reliability of any Userâ¯Materials or determine whether the User Materials violate the rights ofâ¯others, and iHeartMedia has no control over whether such User Materialsâ¯are of a nature that you or other users might find offensive, distasteful or otherwise unacceptable. You acknowledge that any relianceâ¯on any User Materials submitted by other users will be at your ownâ¯risk, including any reliance on the accuracy, completeness or usefulnessâ¯of such User Materials. You acknowledge that this iHeartMedia Site isâ¯"public," and in addition to the license granted to iHeartMedia, otherâ¯users will have access to your User Materials and might copy, modify orâ¯distribute them.
If you are aware of any User Material on this iHeartMedia Site which violates these Terms, please contact us atâ¯support@iheartradio.com.â¯Please provide as much detail as possible, including a copy of theâ¯underlying material, the location where iHeartMedia may find it, and the reason such User Material should be removed. Please note that filing aâ¯complaint will not guarantee its removal, iHeartMedia will only removeâ¯User Materials if iHeartMedia believes the measure is necessary, in ourâ¯sole discretion. To the extent any notice is based on an allegedâ¯copyright violation, please follow in the instructions set forth in the section entitled "Copyright Infringement."â¯Other than those weâ¯specifically request, we do not accept or consider unsolicited creativeâ¯materials, ideas or suggestions either via this iHeartMedia Site, emailâ¯or other means. This is to avoid any misunderstandings if your ideas areâ¯similar to those we have developed or obtained independently. However,â¯if you do still transmit to us, via this iHeartMedia Site, email orâ¯otherwise, any unsolicited communication or material, you will be deemedâ¯to have granted to us the same rights as are set out in this sectionâ¯with respect to User Materials. Without limitation thereof, you agreeâ¯that iHeartMedia, our affiliates and our licensees are free to use any ideas, concepts, know-how or techniques contained in any communicationâ¯you send to us for any purpose whatsoever including, but not limited to,â¯developing, manufacturing and marketing products, services and contentâ¯using such information, without any credit, notice, approval orâ¯compensation to you.
Referral Programs and "Forward to a Friend" Opportunities
The iHeartMedia Site may offer referral programs that permit you toâ¯submit information about other persons (each, a "Referred Person"),â¯including, without limitation, U.S.-based email addresses, mobileâ¯telephone numbers, names, street addresses and other contact informationâ¯so they may receive information and/or promotional offers concerningâ¯the iHeartMedia Internet Service. You may only refer persons with whomâ¯you have a personal relationship. You must have obtained the consent ofâ¯the Referred Person prior to providing us with his or her contactâ¯information. 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. Youâ¯may not withdraw the contact information you provide for a Referredâ¯Person once it has been submitted. A Referred Person must be aâ¯permanent, legal resident of the continental United States, at least 18â¯years old (or 19 years old if a resident of Alabama or Nebraska, or 21â¯years old if a resident of Mississippi), and be able to register for theâ¯iHeartMedia Internet Service, or otherwise use the iHeartMedia Internet Service. The contact information for a Referred Person must be valid and functioning in order for us to contact him or her about theâ¯iHeartMedia Internet Service. We will not be responsible for validatingâ¯the contact information you provide. We may elect NOT to communicateâ¯with any Referred Person and/or e-mail address if he/she/it appears toâ¯be on any of our "do not contact" or "do not e-mail" lists. In addition,â¯we reserve the right to reject the participation of any Referred Personâ¯if (a) the contact information provided by you is incorrect or notâ¯valid, (b) such individual has violated any provision of these terms orâ¯conditions, or (c) we determine in our sole discretion that the participation of such individual might be harmful to us, thisâ¯iHeartMedia Site, any iHeartMedia Internet Service, or any third party for any reason. We specifically disclaim any liability for exercisingâ¯such right.
We may, at our discretion, send you a confirmation using any meansâ¯available through the iHeartMedia Internet Service, including email,â¯text and other forms of messaging, to inform you that the Referredâ¯Person has registered for the iHeartMedia Internet Service. If we sendâ¯the confirmation to you via the carrier service with which you have aâ¯mobile communications subscription or otherwise have access, youâ¯understand you will pay any service fees associated with any such accessâ¯(including text messaging charges in connection with messages to yourâ¯mobile device). If you misuse any referral program or otherwise engageâ¯in improper behavior with respect to a referral program, as we determineâ¯in our sole discretion, we reserve the right to discontinue theâ¯iHeartMedia Internet Service to you. We may from time to time offer incentives or rewards in connection with a referral program, and anyâ¯such incentive or reward programs shall be subject to Additional Termsâ¯which will be posted at the time such programs become available and willâ¯be deemed incorporated into, and subject to, this Agreement. We reserveâ¯the right, in our sole discretion, to suspend, temporarily orâ¯permanently, or cease to provide any and all referral programs withoutâ¯notice, reason or liability.
If you are using the iHeartMedia Internet Service to communicate to aâ¯Referred Person (or any third party), you agree not to use suchâ¯iHeartMedia Internet Service to harm the Referred Person or any otherâ¯third party, and/or use such iHeartMedia Internet Service in violationâ¯of any applicable laws, rules or regulations or the terms and conditionsâ¯of this Agreement.
Voting/Rating Features
For any voting/rating features that are available on this iHeartMediaâ¯Site, you must follow instructions on this iHeartMedia Site to submitâ¯your votes/ratings, including any restrictions set forth with respect toâ¯limitations on voting/rating. Votes/ratings received from you in excessâ¯of any stated limitation will be disqualified. Payment or other consideration in exchange for votes/ratings is prohibited. Votes/ratingsâ¯generated by script, macro or other automated means or any other meansâ¯intended to impact the integrity of the voting/rating process asâ¯determined by us may be void. iHeartMedia assumes no responsibility for incorrect/inaccurate voting/rating information or for any error,â¯omission, interruption, deletion, defect, delay in operation orâ¯transmission, communications line failure, theft or destruction orâ¯unauthorized access to, or alteration of, votes/ratings. We may, at ourâ¯discretion, modify, terminate, or suspend the voting/rating or void anyâ¯vote/rating should a virus, bug, non-authorized human intervention,â¯action of voter/rater, or other cause corrupt or impair theâ¯administration, security, or fairness of the voting/rating. We reserve the right, in our sole discretion, to disqualify any individual it findsâ¯to be violating these terms, tampering with the voting/rating process,â¯or acting in an unsportsmanlike or improper manner and void all associated votes/ratings. Our decisions with respect to all aspects ofâ¯any voting/rating element are final and binding, but not limited to,â¯with respect to the tallying of votes/ratings and the invalidation orâ¯disqualification of any suspected votes/ratings or voters/raters. Youâ¯may also be given the opportunity to participate in voting/rating features in a third party application or feature (such as one of ourâ¯social media partners like Facebook or Twitter), in which case yourâ¯participation in such features will be subject to the terms andâ¯conditions governing that third party application or feature.
â¯19. SUBSCRIPTION SERVICES
This iHeartMedia Site may offer certain iHeartMedia Subscriptionâ¯Services such as newsletters and Real Simple Syndication ("RSS") feedsâ¯(collectively "iHeartMedia Subscription Services"). By registering for anâ¯iHeartMedia Subscription Service, you will be subject to any chargesâ¯and rules set forth in the description of that service which may or mayâ¯not be reflected in Additional Terms.
â¯20. PREMIUM SERVICES
SOME IHEARTMEDIA INTERNET SERVICES ON THIS IHEARTMEDIA SITE, INCLUDING CERTAIN IHEARTMEDIA INTERACTIVE AND SUBSCRIPTION SERVICES, MAYâ¯BE OFFERED TO YOU CONDITIONED ON YOUR PAYMENT OF A FEE (EACH, Aâ¯"IHEARTMEDIA PREMIUM SERVICE"). BY USING THE IHEARTMEDIA PREMIUMâ¯SERVICE, YOU AGREE THAT YOU WILL BE SUBJECT TO ANY CHARGES AND RULES SET FORTH IN THE ADDITIONAL TERMS FOR THAT SERVICE, IN ADDITION TO THE GENERAL TERMSâ¯PROVIDED BELOW, WHICH MAY INCLUDE AUTOMATIC RENEWALS AND PERIODIC RECURRING CHARGES (E.G., MONTHLY, QUARTERLY, OR ANNUALLY) TO YOUR PAYMENT METHOD UNTIL YOU CANCEL A SERVICE. YOU MAY CANCEL ONLINE BY FOLLOWING THE INSTRUCTIONS BELOW ("PAID SUBSCRIPTION SERVICE - CANCELLATION").â¯YOU MAY REGISTER FOR BY COMPLETING THE APPLICABLE REGISTRATION FORM.
â¯Terms and Conditions for iHeartRadio subscriptions are availableâ¯here. â¯
â¯21. MEMBER ACCOUNT AND PASSWORD
You are responsible for any membership name and password that isâ¯associated with your account during registration. If this premiumâ¯service does not recognize your device from a previous sign-in, you willâ¯be asked for information that will help us to identify yourâ¯registration. It is your responsibility to maintain the confidentialityâ¯of your password, if one is established. You are entirely responsibleâ¯for any and all activities that occur under your account, and agree toâ¯notify us immediately of any unauthorized use of your account.
Charges for Premium Service
iHeartMedia will provide notice of any charges, or extra charges,â¯before you register for or enter a premium area. You are responsible forâ¯any charges for premium content incurred by your account. We are notâ¯liable for any loss that you may incur as a result of someone else usingâ¯your password or account, whether with or without your knowledge.
In the event that you pay for a premium service by credit card, youâ¯authorize us to charge your credit card account by registering for theâ¯service and providing us with your credit card information. You warrantâ¯to us that the credit card information that you provide us is correctâ¯and is your account.
Limited to Personal and Non-Commercial Use
Any premium service is for your personal and non-commercial use only.â¯You may not modify, copy, distribute, transmit, display, perform,â¯reproduce, publish, license, create derivative works from, transfer, orâ¯sell any information, software, products obtained from this premiumâ¯service without our prior written consent. You may inquire aboutâ¯obtaining written permission from us to display or reproduce materialâ¯from this iHeartMedia Site by writing:
IP Permission
Legal Department
iHeartMedia, Inc.
20880 Stone Oak Pkwy
San Antonio, TX 78258
By Facsimile: (210) 832-3149
By Email:â¯IPPermission@iheartmedia.com
Cancellation
You may cancel your membership in this premium service at any time byâ¯contacting us using the contact information provided on this premiumâ¯service. In the event that you have paid a fee to register on thisâ¯iHeartMedia Site and you cancel before the end of your membershipâ¯period, we will not return any portion of your membership fee providedâ¯that you will be entitled to continue accessing the applicableâ¯iHeartMedia Site until the end of your membership period.
We reserve the right to terminate your access to this premium serviceâ¯or any portion thereof at any time, without notice. Upon suchâ¯termination, we shall return the unused pro-rata portion of yourâ¯membership fee on a 52-week pro-rated basis to you within ninety (90)â¯days of the termination of your access to this service.
Service Contact
You may email your requests for customer service through the contactâ¯information provided on the home page of the applicable premium service.
â¯22. CONTESTS/SWEEPSTAKES
Any sweepstakes, contests, games and/or promotional offers accessibleâ¯on this iHeartMedia Site are governed by specific rules and/or termsâ¯and conditions. By entering a sweepstakes or contests or participatingâ¯in such games or promotional offers available on this iHeartMedia Site,â¯you will be subject to those rules and/or terms and conditions. It isâ¯critical that you read the applicable rules and/or or terms andâ¯conditions, which are linked from the particular page or activity. Toâ¯the extent of any conflict between those rules and/or terms andâ¯conditions and these Terms, the rules and/or terms and conditions forâ¯the sweepstakes, game or promotional offer will govern, but only to theâ¯extent of the conflict. Any sweepstakes, contests, games and/orâ¯promotional offers made available or advertised on third party sitesâ¯accessible from this iHeartMedia Site (such as those of social mediaâ¯partners like Facebook and Twitter), in addition to being subject to theâ¯specific rules and/or terms and conditions applicable to yourâ¯participation in such feature(s) on this iHeartMedia Site, will also beâ¯subject to the rules and/or terms and conditions applicable to yourâ¯participation in such feature(s) on those third party sites.
â¯23. GENERAL
This Agreement and any Additional Terms shall be governed by,â¯construed and enforced in accordance with the laws of the State of Newâ¯York, as it is applied to agreements entered into and to be performedâ¯entirely within such state, without regard to conflict of lawâ¯principles. You agree that any and all disputes, claims and causes ofâ¯action arising out of, or connected with, this Agreement and/or theâ¯Additional Terms, or in connection with any matters related to thisâ¯iHeartMedia Site and/or the Privacy Statement, shall be resolvedâ¯individually, without resort to any form of class action, exclusively inâ¯either the state or Federal courts located in New York County, Newâ¯York. You agree to submit to the personal jurisdiction of the courts ofâ¯the State of New York for any cause of action arising out of thisâ¯Agreement. You agree to file any cause of action with respect to thisâ¯Agreement within one year after the cause of action arises. You agreeâ¯that a cause of action filed after this date is barred.
If any provision of this Agreement, or the application thereof to anyâ¯person or circumstances, is held invalid or for any reason,â¯unenforceable including, but not limited to, the warranty disclaimersâ¯and liability limitations, then such provision shall be deemedâ¯superseded by a valid, enforceable provision that matches, as closely asâ¯possible, the original provision, and the other provisions of thisâ¯Agreement shall remain in full force and effect. The failure of eitherâ¯party to insist upon strict performance of any provision of thisâ¯Agreement shall not be construed as a waiver of any provision or right.â¯Unless expressly provided otherwise, this Agreement is the entireâ¯agreement between you and iHeartMedia with respect to the use of thisâ¯iHeartMedia Site and shall not be modified except in writing, signed byâ¯an authorized representative of iHeartMedia.
If you have any questions concerning this Agreement, you may send them by email toâ¯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
24. ARTIFICIAL INTELLIGENCE
You also agree not to use, nor to authorize the use of, any Intellectual Property or contact details, personal identifiers, metadata processes, source codes, algorithms or other data on the iHeartMedia Site, iHeartMediaâs platforms, or iHeartMediaâs services (the âiHeartMedia Dataâ and together with the Intellectual Property, the âiHeartMedia IP & Dataâ): (i) to create, train (whether directly or indirectly) and/or improve any generative or other artificial intelligence and/or machine learning models, applications, systems or technologies and any datasets therefor, whether now existing or hereafter created, in any manner, means or media and/or for any purpose whatsoever (e.g., machine learning, generative technology, data mining, cognitive computing, natural language processing, natural learning processes, computer vision, etc.) (âAI Technology") and/or (the All cryptocurrency and blockchain systems and assets (e.g., NFTs, bitcoin, wallets, etc.) ( âBlockchain Technologyâ); (ii)⯠to create, generate, edit, reproduce, translate, copy, publicly perform, distribute, transmit, adapt, modify, create any simulations and/or derivative works of, and/or manipulate, any iHeartMedia IP & Data nor (iii) to design, enable and/or otherwise be utilized for any AI Technology mimicking, replicating and/or simulating human appearance, thought processes, speech, emotions or actions; (iv) extract, scrape, harvest or collect any iHeartMedia IP & Data for use in connection with AI Technology and/or Blockchain Technology or otherwise; (v) discover, reverse engineer, decompile, disassemble, or attempt to derive iHeartMedia IP & Data source code or algorithms; (vi) process, collect, arrange or otherwise use iHeartMedia IP & Data into or in connection with datasets that are or may be used to train or otherwise in connection with AI Technology and/or Blockchain Technology; nor (vii) otherwise in connection with any AI Technology and/or Blockchain Technology.
â¯25. COPYRIGHT AND TRADEMARK NOTICE
Use of Intellectual Property
The iHeartMedia Site, and all of its contents, including but notâ¯limited to articles, other text, photographs, images, illustrations,â¯graphics, video material, audio material, including musical compositionsâ¯and sound recordings, software, iHeartMedia logos, titles, characters,â¯names, graphics and button icons (collectively "Intellectual Property"),â¯are protected by copyright, trademark and other laws of the Unitedâ¯States, as well as international conventions and the laws of otherâ¯countries. The Intellectual Property is owned or controlled byâ¯iHeartMedia or by other parties that have provided rights thereto toâ¯iHeartMedia.
You may not, and agree that you will not, reproduce, download,â¯license, publish, enter into a database, display, modify, createâ¯derivative works from, transmit, post, distribute or perform publicly byâ¯any means, method, or process now known or later developed, decompile,â¯reverse engineer, disassemble, use on another computer-relatedâ¯environment, transfer or sell any Intellectual Property, information,â¯software or products obtained from or through this iHeartMedia Site, inâ¯whole or in part, without the express written permission of iHeartMedia.
Other trademarks, service marks, product names and company names orâ¯logos appearing on this iHeartMedia Site that are not owned byâ¯iHeartMedia may not be used without express permission from theirâ¯owners.
Additionally, unless otherwise expressly permitted, websites may notâ¯link, whether by hyperlink or otherwise, to any page beyond the homepageâ¯of this iHeartMedia Site, or frame this iHeartMedia Site, or any webâ¯page or material herein, nor may any entity include a link to any aspectâ¯of this iHeartMedia Site in an email for commercial purposes, withoutâ¯the express written permission of iHeartMedia. Further, unless otherwiseâ¯expressly permitted, you agree not to link to iHeartMediaâsâ¯Intellectual Property so as to cause you or anyone else to accessâ¯iHeartMediaâs Intellectual Property other than through this iHeartMediaâ¯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:â¯IPPermission@iheartmedia.com
Copyright Infringement
iHeartMedia respects the intellectual property rights of thirdâ¯parties, and complies with the terms of the Digital Millennium Copyrightâ¯Act (DMCA) regarding such rights. By submitting any material orâ¯photographs through this iHeartMedia Site, you are granting permissionâ¯to have this material posted on this iHeartMedia Site, and are representing that you are the rightful owner of the submitted material,â¯and that no one else may claim rights to this material. iHeartMediaâ¯reserves the right to remove access to infringing material. Such actionsâ¯do not affect or modify any other rights iHeartMedia may have under lawâ¯or contract. You can find our procedures for providing notice ofâ¯alleged copyright infringement below.
Procedure for Making Claim of Copyright Infringement
If you believe that your work has been copied in a way thatâ¯constitutes copyright infringement, you should send written notificationâ¯thereof, in accordance with the provisions of the Digital Millenniumâ¯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:â¯dmca@iheartmedia.com
â¯
Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification must include the following:
(1) A physical or electronic signature of a person authorized to actâ¯on behalf of the owner of an exclusive right that is allegedlyâ¯infringed.
(2) Identification of the copyrighted work claimed to have beenâ¯infringed, or, if multiple copyrighted works at a single online site areâ¯covered by a single notification, a representative list of such worksâ¯at that site.
(3) Identification of the material that is claimed to be infringingâ¯or to be the subject of infringing activity and that is to be removedâ¯or access to which is to be disabled, and information reasonablyâ¯sufficient to permit iHeartMedia to locate the material.
(4) Information reasonably sufficient to permit iHeartMedia toâ¯contact the complaining party, such as an address, telephone number,â¯and, if available, an email address.
(5) A statement that the complaining party has a good faith beliefâ¯that use of the material in the manner complained of is not authorizedâ¯by the copyright owner, its agent, or the law.
(6) A statement that the information in the notification isâ¯accurate, and under penalty of perjury, that the complaining party isâ¯authorized to act on behalf of the owner of an exclusive right that isâ¯allegedly infringed.
This process only relates to reporting a claim of copyrightâ¯infringement. Messages related to other matters will not receive aâ¯response through this process.