TERMS OF USE AGREEMENT
This site is owned
or managed by Clear Channel Communications, Inc. (“Clear Channel”) and is part
of the Clear Channel family of companies, which includes other quality
entertainment brands such as broadcast and Internet radio stations, television
stations, Clear Channel Outdoor, Clear Channel Entertainment, and the Premiere
Radio Networks (each a “Clear Channel Website,” and collectively the “Clear
Channel Websites”).
Clear Channel provides this Clear Channel Website and related services for your
personal non-commercial use only and subject to your compliance with this Terms
of Use Agreement (the “Agreement”). Please read this Agreement carefully before
using this Clear Channel Website. Your use of this Clear Channel Website constitutes
your acceptance to be bound by this Agreement without limitation, qualification
or change. If at any time you do not accept all the terms and conditions of
this Agreement, you must immediately discontinue use of this Clear Channel
Website. This Agreement sets forth Clear Channel’s policies with respect to its
operation of the Clear Channel Websites. Other policies govern Clear Channel’s
non-Internet operations.
Certain products or services offered by this and/or other Clear Channel
Websites (each a “Clear Channel Internet Service,” and collectively “Clear
Channel Internet Services”), and certain areas within this and/or other Clear
Channel Websites may be governed by additional terms (“Additional Terms”)
presented in conjunction with those products or services. You must agree to
these Additional Terms before using those areas or Clear Channel Internet
Services. The Additional Terms and this Agreement shall apply equally. In the
event of an irreconcilable inconsistency between the Additional Terms and this
Agreement, the Additional Terms shall control.
YOU MAY NOT USE ANY CLEAR CHANNEL WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL OR
PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR
ACCESS TO ANY CLEAR CHANNEL WEBSITE MAY BE TERMINATED IMMEDIATELY IN CLEAR
CHANNEL’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH
ANY PROVISIONS OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER
REASON, OR NO REASON.
Some parts of this Clear Channel website may contain adult content intended for
people who are at least 18 years old. By viewing this adult content, you are
representing that you are at least 18 years old 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 Clear Channel Website content.
Changes to this
Agreement
This Agreement is effective as of September 25, 2003. Clear Channel reserves
the right, in its sole discretion, to modify, alter, or otherwise change this
Agreement and/or the Additional Terms at any time. Clear Channel will provide
notice of such change on this Clear Channel Website. Please review this
Agreement and/or Additional Terms periodically for changes. Your continued use
of the Clear Channel Website and/or Clear Channel 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 Clear Channel Website and/or the Clear
Channel Internet Service to which the changes may apply.
Privacy and
Protection of Personal Information
Clear
Channel has developed a Privacy Statement in order to inform you of its
practices with respect to the collection, use, and disclosure of personal
information. You can find this Statement by clicking here.
Accounts, Security, Passwords
If a particular Clear Channel Website or Clear Channel 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 Clear Channel immediately of any unauthorized use of your account.
Clear Channel 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 Clear Channel
Internet Service.
Fees
Except where
otherwise provided, access to and use of this Clear Channel Website and the
Clear Channel Internet Services offered through this site are currently
available without charge. Clear Channel reserves the right to charge a fee for
access to or use of this Clear Channel Website, or any Clear Channel Internet
Service available on this Clear Channel Website at any time in the future. Your
access to or use of this Clear Channel Website before such time does not
entitle you to use of this Clear Channel Website without charge in the future.
Disclaimer of Warranties
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR
THROUGH THIS CLEAR CHANNEL WEBSITE AND/OR CLEAR CHANNEL INTERACTIVE SERVICE IS
AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES,
INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH
THIS CLEAR CHANNEL WEBSITE OR CLEAR CHANNEL INTERACTIVE SERVICE ARE PROVIDED TO
YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. CLEAR CHANNEL 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, CLEAR CHANNEL
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. CLEAR CHANNEL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
THAT THIS CLEAR CHANNEL 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. CLEAR CHANNEL DOES NOT WARRANT OR
MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY,
RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED
WITHIN THIS CLEAR CHANNEL WEBSITE FOR ANY PURPOSE, INCLUDING SOFTWARE,
PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.
CLEAR CHANNEL 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 CLEAR CHANNEL INTERACTIVE SERVICES, OR ANY
COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
Links
This Clear
Channel Website may contain links to websites operated by third parties. Clear
Channel 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 Clear Channel's endorsement, sponsorship, or recommendation of the third
party or of the content, products, or services contained on, or available
through, the site.
Software
Available Through CCC Website
Any software that is made available to view and/ or download in connection with
a Clear Channel Internet Service (“Software”) is owned or controlled by Clear
Channel and/or licensors, affiliates and suppliers and is protected by
copyright laws and international treaty provisions. Your use of the Software is
governed by the terms of the end user license agreement, if any, which
accompanies or is included with the Software. Clear Channel accepts no
responsibility or liability in connection with any Software owned or controlled
by third parties.
Third-Party
Merchants
This Clear Channel Website may enable you to order and receive products,
information and services from businesses that are not owned or operated by
Clear Channel. 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. Clear Channel 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. Clear Channel 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 Clear
Channel Internet Service.
Modification/Termination
by Clear Channel
Clear
Channel reserves the right, in its sole discretion, to modify, suspend, or
terminate this Clear Channel Website and/or any portion thereof, including any
Clear Channel Internet Service, and/or your account, password, or use of any
Clear Channel Internet Service, or any portion thereof, at any time for any
reason with or without notice to you.
Termination of your account for a Clear Channel Internet Service removes your
authorization to use the Clear Channel 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, Clear Channel shall not be liable
to you or any third-party for any termination of your access to a Clear Channel
Internet Service.
Interactive
Services
This Clear Channel Website may offer certain Clear Channel Internet Services
having interactive components such as bulletin boards, chat rooms and forums (collectively
“Clear Channel Interactive Services”). A copy of the Interactive Service
Additional Terms can be found here.
Subscription
Services
This Clear Channel Website may offer certain Clear Channel Subscription
Services such as newsletters (collectively “Clear Channel Subscription
Services”). By registering for a Clear Channel Subscription Service, you will
be subject to any charges and rules set forth in the description of that
service
Premium Services
Some Clear
Channel Internet Services on this Clear Channel Website, including certain
Clear Channel Interactive and Subscription Services, may be offered to you
conditioned on your payment of a fee (“Clear Channel Premium Service”). By
using the Clear Channel Premium Service, you will be subject to any charges and
rules set forth in the Additional Terms for that service. A copy of the Premium
Service Additional Terms can be found here.
Contests/Sweepstakes
For
Additional Terms applying to all contests or sweepstakes conducted by this
Clear Channel Website, refer to this site's contest or sweepstakes information.
Limitations on
Liability
In no event shall Clear Channel, its subsidiaries, affiliates, distributors,
suppliers, licensors, agents or others involved in creating, sponsoring,
promoting, or otherwise making available the Clear Channel 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
Clear Channel 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 Clear Channel Website
or any information, software, products, services, and related graphics obtained
through the Clear Channel Website; (vi) any transactions entered into through
this Clear Channel 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 Clear Channel Website or any
site to which it provides hyperlinks; or (viii) damages otherwise arising out
of the use of the Clear Channel Website and Clear Channel 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 Clear Channel has been advised of the possibility of damages.
Indemnification
You agree to indemnify, defend, and hold harmless Clear Channel, 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 Clear Channel Website and any related Clear
Channel Internet Service and/or software. Clear Channel 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 Clear
Channel in asserting any available defenses.
International
Use/U.S. Export Controls
Accessing materials on this Clear Channel Website by certain persons in certain
countries may not be lawful, and Clear Channel makes no representation that
materials on this Clear Channel Website are appropriate or available for use in
locations outside the United States. If you choose to access this Clear Channel
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
Clear Channel Website. No software or any other materials associated with this
Clear Channel 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 Clear Channel 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.
PRIVACY STATEMENT
This statement
informs you of Clear Channel's practices with respect to the online collection,
use, and disclosure of personal information from this Clear Channel Website.
Personal information is information that allows us to contact you (such as
email address, home address, or telephone number) or other information that,
when linked to your name or contact information, allows us to personalize your
visit to our site by providing you with information that suits your interests.
Clear Channel is the
owner of this website and retains all ownership rights to the information
collected at this site. Clear Channel reserves the right to change, modify,
add, or remove provisions of this Privacy Statement. Any changes to this
Privacy Statement will be posted here, and we encourage you to check back from
time to time.
Personalization
Although you may use many features of this site without completing a
registration or sign-up form, visitors who do register and/or sign up for
special services may have access to additional features of the site and are
more likely to receive information suited to their interests. For example, a
registered user is eligible for additional services provided by this website
such as listener clubs and personalized content. Our registration and special
services sign-up forms may ask you for contact information (like name or email
address) and demographic information (like zip code or age). You must provide
the information in order to receive the benefits of registration or of the
special service.
We may use the
contact information you give us to better tailor your website experience to
your interests, to request your opinions with respect to media and
entertainment, and to send you information about Clear Channel and its services
as well as promotional material on behalf of some of our partners. We may use
information that you provide to us to inform you of content on the web, radio
and other methods of content delivery, in which you may be interested and to
provide or display the content according to your preferences. We will also
share this information within the Clear Channel family in order to enhance your
experiences with Clear Channel.
In addition, we may
share this information with advertisers or other third parties that are not
part of the Clear Channel family on an aggregate or other basis that does not
disclose your identity or contact information.
Online
Surveys/Contests
From time to time, we may conduct online surveys and contests. These ask you
for contact information (like name or email address) and demographic
information (like zip code or age). We may use this contact information from
our surveys and contests to provide you with information about our company and
promotional material on behalf of some of our partners, and to contact you when
necessary.
Supplemental
Information
To enhance Clear Channel's ability to tailor this site to your preferences, we
may combine information that you provide us on registration and other online
sign-up forms with other information about you that we may obtain. We do not
share that information with any other party.
Shopping/Commercial
Services
This Clear Channel site may offer shopping services, which may be offered by us
or by a firm that operates a store under contract with us. If our site offers
shopping or other commercial services, you will use a customer order form to
request information, products, and services. The order form will ask you to
give us contact information (like name or email address), financial information
(like account or credit card numbers), and demographic information (like zip
code or age).
We will use the financial information that you provide to bill you for products
and services. By giving our site your credit card and related personal
information, you are authorizing our store to give that information to the
merchant and credit card company in order to confirm and fulfill your order.
We will use contact information from the order form to fulfill your orders. We
may also use contact data to get in touch with you when necessary. We will not
otherwise use or distribute your financial information without your prior
approval.
Public Forums
This site may make available chat rooms, forums, message boards, and news
groups. Please remember that any information that you disclose in these areas
becomes public information and you should exercise caution when deciding to
disclose your personal information.
Information
Sharing With Third Parties
From time to time we may enter into a special relationship with another company
that is not owned by Clear Channel to provide additional features at this site.
These special relationships may include “powered by” partners, business
partners, sponsors, and co-branded sites (referred to here as “co-branded
pages”). These might include, for example, pages that share our name and that
of another entity, such as TicketMaster. You should look for a specific privacy
statement on any such co-branded page. Any personal information that you
provide when signing up at one of those co-branded pages may be shared with our
third party partner. You should also check our partner’s website for
information regarding its privacy policies.
Also, the nature of some features of our site may require that we share
personal information about you with persons or companies outside of the Clear
Channel family. For example, this may occur at a feature that enables you, via
our site, to ask questions of persons or entities that are not part of the
Clear Channel family. By responding to those features of the site, whether by
email or direct entry of information on our Website, you are consenting to our
transferring that information to such persons or entities.
With respect to specific registration modules, like contests, we may disclose
personal information collected, and we will post a conspicuous statement on the
registration module to the effect that we will be disclosing the information
collected with third parties
Finally, we may share any of the information collected from you with these
other non-Clear Channel companies in an aggregate basis. The aggregated
information is not linked to any information that can identify you.
IP Address and
Log Files
We may use your IP address to administer our Website, to help diagnose problems
with our server, to analyze trends, to track users’ webpage movements, to help
identify you and your shopping cart, and to gather broad demographic
information for aggregate use.
Cookies
This Clear
Channel site may use a standard technology called a “cookie” to collect
information about how you use the site. Cookies reside on your computer and
help our website to recognize your computer's browser as a previous visitor.
This information allows us to customize delivery of information. For example,
our site may use cookies to save and remember registration information or
preferences that you may have set while browsing the site, to keep track of
your shopping cart, to ensure you don't see the same ad content repeatedly, to
deliver content specific to your interests, and to save your password so you
don't have to re-enter it each time you visit our site. We use cookies only to
gather information as indicated in this policy.
In
addition, on occasion our site may also set a “session cookie” which helps us
administer the site. The session cookie expires when you close your browser and
does not retain any information about you after it expires.
Finally, we may also
use an ad network provider to help present advertisements on this and other
Clear Channel Web sites. This ad network provider, like other advertising
service vendors, uses cookies, web beacons, or similar technologies on the hard
drive of your computer to serve you advertisements tailored to interests you
have shown by browsing on this and other sites you have visited, and to
determine whether you have seen a particular advertisement before and to avoid
sending you duplicate advertisements. In doing so, the provider collects
non-personal data such as your browser type, your operating system, Web pages
visited, time of visits, content viewed, ads viewed, and other clickstream
data. The use of cookies, web beacons, or similar technologies by these ad
network providers is subject to their own privacy policies, not ours. If you do
not want the benefits of these advertising cookies, you may opt-out by visiting
http://www.networkadvertising.org/optout_nonppii.asp.
However, if you do so you may not receive the full benefit from the use of our
site.
Banner
Advertising
We license ad-server software from another company to place banner advertising
on our sites. All of the data provided and generated by the ad-server software
remains in our possession and no data is transferred to the licensor of the
software. This feature of our site may, on occasion, set “cookies” on your
computer. Any information collected or stored by the ad-service or the cookies
is treated in the same manner as other information as described in this
statement.
Children’s
Personal Information
Consistent with the
Children’s Online Privacy Protection Act:
- This
site does NOT collect, use, or disclose personal information (including
online contact information) of children under the age of 13.
- In
the event that a child under the age of 13 attempts to register on our
site, we will NOT accept the registration and will delete information
received from the child.
- In
the event that a child posts personal information in a public forum such
as a chat room, we will attempt to delete that information once we become
aware of it.
Your Choices
This Clear Channel site provides you the opportunity to opt-out of receiving
email communications from us and our special relationship partners. To opt-out
of receiving email communications, you may:
• Modify your
registered user information on our website; or
• Send an email to Clear Channel
Online Music & Radio Support.
Please include the web address, call letters or station's
name. (Please note that this email address should only be used for specific
technical issues related to the website such as unsubscribing from a database. The recipients of these emails will not be able, in
general to answer concerns regarding on-air programming, promotions or other
non-web related issues.)
Access to
Personal Information
Clear
Channel gives you the opportunity to modify or remove personal information that
you have provided to us. You may do so by modifying your password-protected
registered user information on our website.
Security of Your
Personal Information
Clear Channel employs reasonable security measures consistent with standard
industry practice, for information collected through this website. We believe
that we have adequate security measures in place in our physical facilities to
protect against the loss, misuse, or alteration of the information we collect
on our website. We also use internal protections to limit access to users'
personal information to only those employees who need the information to
perform a specific job.
Sale or Merger
If this site is sold to, or merges with, another company not owned by Clear
Channel, you should expect that some or all of the information collected from
this website may be transferred to the buyer/surviving company. If so, Clear
Channel will seek to obligate the acquiring company to use any personal
information transferred by this site in a manner consistent with this
statement, but cannot guarantee that it will be able to impose that requirement
or that the acquiring company will comply.
Legal Process
You should be aware that Clear Channel may be required to disclose your
personal information to the government or third parties under certain
circumstances, such as in court or regulatory proceedings.
Contacting the
Website
If you have any questions about this privacy statement, the practices of this
site, or your dealings with this website, you can contact Clear Channel
Online Music & Radio Support. Please include the web address, call
letters or station's name. Please note that this email address should only be
used for specific technical issues related to the website such as unsubscribing
from a database. The recipients of
these emails will not be able, in general to answer concerns regarding on-air
programming, promotions or other non-web related issues.
Leased Content
Neither
Standard & Poor nor any third-party licensor shall have any liability for
the accuracy or completeness of this service or any component thereof or for
delays, unauthenticity, omissions, or other defects therein nor for any claims
or losses arising therefrom or occasioned thereby, including, without
limitation, any lost profits, indirect, special, or consequential damages.
Either Standard & Poor or third party licensors have exclusive proprietary
rights from the information received via the service. Customer, end-user, or
visitor, as applicable, shall not use or permit anyone to use the information
provided through the service for any unlawful or unauthorized purpose.
Customer, end-user, or visitor, as applicable, is not authorized or permitted
to furnish such information to any person or firm for reuse or retransmission
without prior written approval of the source of such information. Provision of
the information on the service is subject to termination in the event that any
agreement between a third party licensor and a provider of information
distributed through the service is terminated in accordance with its terms.
Third party licensor and its subsidiaries, affiliates, information providers
and content partners shall have no liability for investment decisions based on
the information provided hereby.
General
Information
This Agreement and the Additional Terms shall be governed by, construed and
enforced in accordance with the laws of the State of Texas, as it is applied to
agreements entered into and to be performed entirely within such state, without
regard to conflict of law principles. You agree that any cause of action you or
Clear Channel brings to enforce this Agreement and/or the Additional Terms, or
in connection with any matters related to this Clear Channel Website and/or the
Privacy Statement, shall be brought only in either the state or Federal courts
located in San Antonio , Texas . You agree to submit to the personal
jurisdiction of the courts of the State of Texas for any cause of action
arising out of this Agreement. You agree to file any cause of action with
respect to this Agreement within one year after the cause of action arises. You
agree that a cause of action filed after this date is barred.
If any provision of
this Agreement, or the application thereof to any person or circumstances, is
held invalid or for any reason, unenforceable including, but not limited to,
the warranty disclaimers and liability limitations, then such provision shall
be deemed superseded by a valid, enforceable provision that matches, as closely
as possible, the original provision, and the other provisions of this Agreement
shall remain in full force and effect. The failure of either party to insist
upon strict performance of any provision of this Agreement shall not be
construed as a waiver of any provision or right. Unless expressly provided
otherwise, this Agreement is the entire agreement between you and Clear Channel
with respect to the use of this Clear Channel Website and shall not be modified
except in writing, signed by an authorized representative of Clear Channel.
If you have any
questions concerning this Agreement, you may send them by email to tou@clearchannel.com.
You must send any official correspondence via postal mail to:
C.
Cain
Legal Department
ATTN: Broadcast Websites Terms of Use
Clear Channel Communications, Inc.
200 E. Basse Road
San Antonio, Texas 78209
European Union
and Other Foreign Nations
This Clear Channel website is governed by and operated in accordance with the
laws of United States of America and is intended for enjoyment of residents of
the United States. Clear Channel makes no representation that this website is
governed by or operated in accordance with the laws of other nations. By using
this site and submitting any personal information, visitors from outside of the
United States acknowledge the this site is subject to U.S. law, consent to the
transfer of personal data to the U.S., and waive any claims that may arise
under their own national laws.
COPYRIGHT & TRADEMARK NOTICE
Use of
Intellectual Property
The Clear Channel 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, Clear Channel 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 Clear Channel 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 Clear Channel
Website, in whole or in part, without the express written permission of Clear
Channel.
Other trademarks,
service marks, product names and company names or logos appearing on this Clear
Channel Website that are not owned by Clear Channel 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 Clear Channel Website, or frame this Clear Channel Website,
or any web page or material herein, nor may any entity include a hyperlink to
any aspect of the Clear Channel Website in an email for commercial purposes,
without the express written permission of Clear Channel.
You may inquire
about obtaining permission by writing:
C. Cain
Legal Department
Clear Channel Communications, Inc.
200 East Basse Road
San Antonio , TX 78209
By Facsimile:
(210)832-3428
By Email: IPPermission@clearchannel.com
Copyright
Infringement
Clear Channel 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
Clear Channel Website, you are granting permission to have this material posted
on this Clear Channel 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. Clear Channel reserves the right to remove access to infringing
material. Such actions do not affect or modify any other rights Clear Channel
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 Infringement
If you believe that your work has been copied in a way that constitutes
copyright infringement, you should send written notification thereof, in
accordance with the provisions of the Digital Millennium Copyright Act, to our
Designated Agent, who can be reached as follows:
By mail:
C. Cain
DMCA Designated Agent
c/o Legal Department
Clear Channel Communications, Inc.
200 East Basse Road
San Antonio , TX 78209
By Facsimile: (210)
832-3428
By Email: dmca@clearchannel.com
Pursuant to 17
U.S.C. § 512(c), to be effective, the Notification must include the following:
(i) A physical or
electronic signature of a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
(ii) Identification
of the copyrighted work claimed to have been infringed, or, if multiple copyrighted
works at a single online site are covered by a single notification, a
representative list of such works at that site.
(iii) Identification
of the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be
disabled, and information reasonably sufficient to permit Clear Channel to
locate the material.
(iv) Information
reasonably sufficient to permit Clear Channel to contact the complaining party,
such as an address, telephone number, and, if available, an email address.
(v) A statement that
the complaining party has a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent, or
the law.
(vi) A statement that
the information in the notification is accurate, and under penalty of perjury,
that the complaining party is authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
This process
only relates to reporting a claim of copyright infringement. Messages related
to other matters will not receive a response through this process.
INTERACTIVE SERVICE ADDITIONAL TERMS
You may participate
in the Clear Channel Interactive Service by reading and agreeing to the Terms
of Use Agreement and these Interactive Service Additional Terms, and by
completing the registration form. If you do not agree to abide by the Terms of
Use Agreement and these Interactive Service Additional Terms, you may not
participate in the Clear Channel Interactive Service.
You agree that you
will not:
- Deliver
any unsolicited advertisement, promotional materials, junk email, bulk
email (also known as “spam”), chain letters, surveys or contests, or
solicit participation in any pyramid schemes (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 Clear Channel 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, tortuous, 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 Clear Channel service in any manner which could damage, disable,
overburden, or impair or otherwise interfere with the use of the Clear
Channel 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 Clear Channel Website, any related
website, other accounts, computer system, or networks connected to this
Clear Channel 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 Clear Channel Website, including
harvesting or otherwise collecting information about others such as email
addresses.
You are solely
responsible and liable for postings delivered to the Clear Channel Website
using your account. Any violation of these provisions can subject your Clear
Channel account to immediate termination and, possibly, further legal action.
Clear Channel does
not control and is not responsible for any notes, messages, billboard postings,
ideas, suggestions, concepts or other material, or files delivered to a Clear
Channel interactive website by you or other users. Clear Channel is not
obligated to and does not regularly review, monitor, delete, or edit postings.
However, Clear Channel reserves the right to do so at any time in its sole
discretion, for any reason or no reason, and to delete or edit any posting with
or without notice. Clear Channel is not responsible or liable for damages of
any kind arising from any postings even when Clear Channel is advised of the
possibility of such damages, or from Clear Channel's alteration or deletion of
any posting.
The information and
opinions expressed in postings on this Clear Channel Website are not
necessarily those of Clear Channel or its content providers, advertisers,
sponsors, affiliated or related entities, and Clear Channel makes no
representations or warranties regarding that information or those opinions.
Clear Channel does not represent or guarantee the truthfulness, accuracy, or
reliability of any postings or determine whether the postings violate the
rights of others. You acknowledge that any reliance on material posted by other
users will be at your own risk.
Unless
otherwise provided, all postings to the Clear Channel Website automatically and
immediately become the property of Clear Channel without any obligation of
confidentiality. Clear Channel shall be entitled to use the material for any
type of use forever including in any media whether now known or later devised.
If any court determines that Clear Channel does not retain exclusive ownership
of any posting, then you hereby expressly grant to Clear Channel a royalty-free,
perpetual, irrevocable right to use, reproduce, adapt, modify, publish, edit,
translate, perform, transmit, sell, sublicense or otherwise distribute and
display the Posting for any reason, including for promotional and advertising
purposes, alone or as a part of other works in any form, medium or technology
now known or later developed, and you waive all moral rights in all such
postings.
PREMIUM SERVICE ADDITIONAL TERMS
You may register for
a Clear Channel Premium Service by reading and agreeing to the Terms of Use
Agreement and these Premium Service Additional Terms, and by completing the
registration form. If you do not agree to abide by the Terms of Use Agreement
and these Premium Service Additional Terms, you may not register for the Clear
Channel Premium Service.
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
Clear Channel 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
This 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:
C. Cain
Legal Department
Clear Channel Communications, Inc.
200 East Basse Road
San Antonio, TX 78209
By Facsimile: (210)
832-3428
By Email: IPPermission@clearchannel.com
Cancellation
You may cancel your membership in this premium service at any time by
contacting us using the contact information provided on this premium service.
In the event that you have paid a fee to register on this site, we will return
the unused portion of your membership fee on a 52-week pro-rated basis within
ninety (90) days of your cancellation of your membership.
e reserve the right
to terminate your access to this premium service or any portion thereof at any
time, without notice. Upon such termination, we shall return the unused pro-rata
portion of your membership fee on a 52-week pro-rated basis to you within
ninety (90) days of the termination of your access to this service.
Modification of
these Terms of Use
Clear Channel may from time to time change the terms and conditions governing
this premium service. It is important that you regularly review these terms and
conditions to stay informed with regard to any changes in the terms and
conditions governing your use of this premium service. Your continued use of
this premium service constitutes your agreement to all such terms and
conditions.
Submissions
Unless otherwise stated, we will not review or consider any unsolicited
submissions to this premium service. All submissions to this premium service
become our property. No submission will be subject to any reimbursement or
other payment by us.
Service Contact
You may email your requests for customer service through the contact
information provided on the home page of this premium service.
Effective: June 15, 2006 11:37:45 AM
EDT.