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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
Channels policies with respect to its operation of the Clear
Channel Websites. Other policies govern Clear Channels 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 CHANNELS 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
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 Channels 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.
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 sites 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 Departments 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 Channels 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, and to send you information
about Clear Channel and its services as well as promotional material
on behalf of some of our partners. We use other information that
you provide to us to show you content in which you may be interested
and to display the content according to your preferences. We will
also share this information within the Clear Channel family in
order to enhance your experience on this and other Clear Channel
Websites.
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 Channels 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 partners 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 computers 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 dont
see the same ad content repeatedly, to deliver content specific
to your interests, and to save your password so you dont
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.
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.
Childrens Personal Information
Consistent
with the Childrens 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:
·
Modify your registered user information on our website; or
·
Send an email to Clear Channel Radio Interactive Support
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 Radio Interactive Support.
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 LegalDepartment-SanAntonio@clearchannel.com.
You must send any official correspondence via postal mail to:
General
Counsel
c/o Legal Department
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:
General
Counsel
c/o 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:
General
Counsel - 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 Channels 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.
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.
We
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.
Streaming
Subscription Service Additional Terms
You may participate in this Clear Channel Streaming Subscription
Service by reading and agreeing to the Terms of Use Agreement
and these Clear Channel Streaming Subscription Service Additional
Terms (Additional Terms), and by completing the required
registration form. If you do not agree to abide by the Terms of
Use Agreement and these Additional Terms, you may not participate
in this Clear Channel Streaming Subscription Service.
These
Additional Terms and the Terms of Use Agreement shall apply equally.
In the event of an inconsistency between these Additional Terms
and the Terms of Use Agreement, the Additional Terms shall control.
Member
Account and Password
The
registration process for this Clear Channel Streaming Subscription
Service requires you to provide us with complete and accurate
information as requested in our online registration form. After
you have fully completed the registration form, you will then
be given a password and a user name. The combination of the e-mail
address and user name form a unique identifier for your account.
If we do not recognize the device by which you access this Clear
Channel Streaming Subscription Service from a previous sign in,
you will be asked to enter the e-mail address on file to help
locate your account. It is your responsibility to maintain the
confidentiality of your password and account. You are solely and
entirely responsible for any and all activities that occur under
your account. You agree to notify us immediately of any unauthorized
use of your account. We are not liable for any loss that you may
incur as a result of someone else using your password or account,
either with or without your knowledge.
Charges
for Streaming Subscription Service
This
Clear Channel Streaming Subscription Service is offered for a
fee. Clear Channel reserves the right to change the fee for this
Service at any time. Failure to pay may result in your loss of
access to this Service. Clear Channel will provide notice of any
charges, or extra charges, before you register for or receive
subscription content. You are responsible for any charges for
subscription 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 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.
Representations
and Warranties
You
agree and warrant that you will not:
·
Attempt to gain unauthorized access to this Clear Channel Streaming
Subscription Service, any related website, other accounts, computer
systems or networks connected to this Clear Channel Streaming
Subscription Service, through hacking, password mining or any
other means;
·
Obtain or attempt to obtain any materials or information from
this Clear Channel Streaming Subscription Service through any
means not intentionally made available, including harvesting or
otherwise collecting information about others such as e-mail addresses;
or
·
Otherwise cause damage or exploit information for commercial purposes
on or through this Clear Channel Streaming Subscription Service.
As
a condition of your use of this Clear Channel Streaming Subscription
Service, you agree and warrant that you will access this Service
from no more than two devices (desktop, laptop, handheld or other
device affording access) in your control [LIMIT OF TWO DEVICES
AT A TIME OR TWO PARTICULAR DEVICES?]. You also agree not to email,
post, or otherwise disseminate your user ID, password, links,
or other information by which you access this Clear Channel Streaming
Subscription Service.
You
acknowledge that should you violate these representations, warranties
or conditions, or any other part of the Terms of Use or Additional
Terms, your subscription may be terminated without notice, and
you may be held responsible for damages caused by your actions.
Cancellation
If you are dissatisfied with any portion of this Clear Channel
Streaming Subscription Service, or with the Terms of Use or Additional
Terms, your sole and exclusive remedy is to cancel this Service.
You may cancel your membership at any time by contacting us using
the contact information provided. If 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.
We
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.
Service
Contact
You may email requests for customer service through the contact
information provided on the home page of this premium service.
If
you have questions not addressed here, you may contact us at the
address below:
Brian
Glicklich Vice
President InteractivePremiere
Radio Networks Bglicklich@premiereradio.com
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