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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 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.
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