Updated As Of:
May 14, 2014
This site or application is owned or managed by iHeartMedia, Inc. ("iHeartMedia", "we", "us" and "our") (a Texas corporation whose place of business is at 200 E. Basse Road, San Antonio, TX 78209, USA and is part of the iHeartMedia family of companies, which includes other quality entertainment brands such as broadcast and Internet radio stations, Clear Channel Outdoor, iHeartMedia Radio, and the Premiere Radio Networks, each of which operates or manages one or more websites or applications (each a "iHeartMedia Site," and collectively the "iHeartMedia Sites").
You confirm that: (a) you are a legal resident of the United Kingdom; (b) you are at least 18 years old; (c) you own or have authorization to use the computer, mobile device, technology or other device you use to access this iHeartMedia Site (collectively, "Device"); and (d) you will access and use this iHeartMedia Site in accordance with these Terms. Some parts of this iHeartMedia Site may contain adult content intended for people who are at or above the legal age of majority in their jurisdiction of residence. By viewing this adult content, you are representing that you are at or above such legal age of majority and that the content is acceptable to you. Filtering software is commercially available which can be used to exclude content that is not acceptable to you. This software may prevent the display of all or portions of the iHeartMedia Site content.
1. The Services
2. Changes to these Terms
3. Pricing and payment for premium services
Unless we say otherwise, use of this iHeartMedia Site and the iHeartMedia Internet Services offered through it are currently available without charge. iHeartMedia reserves the right to charge a fee for access to or use of this iHeartMedia Site, or any iHeartMedia Internet Service available on this iHeartMedia Site at any time in the future. Your access to or use of this iHeartMedia Site before such time does not entitle you to use of this iHeartMedia Site without charge in the future.
iHeartMedia 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 or debit card, you authorize us to charge your credit card or debit card account by registering for the service and providing us with your card information.
Our prices may change at any time, but price changes will not affect subscriptions that we have confirmed with you. All prices include VAT and other sales taxes where applicable.
How your subscription is finalised
Our invitation to you to order a subscription to a iHeartMedia premium service is not an "offer" by us to sell you a subscription at the prices on the website. Instead when you complete the registration form, you make an offer to us to buy a subscription, which we can accept or reject. The order is finalised (and a legal contract is created between us) when we send a confirmatory email accepting your order. If there is a mistake in the subscription pricing given online then, when we receive your order we will email you and set out the correct price and give you the opportunity to request a subscription at that price or you may decide not to subscribe.
Cancelling your subscription
You can prevent your subscription automatically renewing for a further period by notifying us by email to firstname.lastname@example.org
before your present subscription ends.
IMPORTANT there is a law called the Consumer Protection (Distance Selling) Regulations 2000, which would normally allow you to cancel an online purchase (usually within seven working days of your receipt of our confirmatory email). However, you agree in this case that you will not be able to cancel your subscription in this way once you are able to log on and access the iHeartMedia premium service.
Subscriptions renew automatically for another subscription period (at the same price and the same length as the one you originally ordered, unless we notify you in advance of renewal of a change to the price) unless you tell us before the end of the current subscription period that you do not want your subscription to be renewed, or of we no longer make the iHeartMedia premium service available.
Access and payments
The subscription prices we agree with you will not change during the period for which you have ordered and paid for access to the iHeartMedia Site or iHeartMedia Internet Service. We can change the subscription prices for any other period with your agreement, and you should always check the latest pricing on the website before registering or re-registering.
4. Suspending and terminating your registration or subscription
Where we suspend, terminate or prevent your registration whatever the reason, you must not attempt to re-register or submit content (e.g. using someone else's registration), without our permission.
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 iHeartMedia Site and you cancel before the end of your membership period, we will not return any portion of your membership fee unless we are in material breach of our obligations under these Terms.
We reserve the right to terminate your access to a premium service or any portion thereof at any time.
5. What you are allowed to do
You may retrieve and display or listen to content from our iHeartMedia Site on a Device, print and copy individual pages and store such pages in electronic form for the internal business purposes of the organisation named in your membership application. If you do so, you must not remove any copyright, trademark or other intellectual property right notices from the original content.
6. What you are not allowed to do
The decision to upload content or personal information to the iHeartMedia Site is your responsibility.
You must not post, send or send links to anything which:
is or may be:
- defamatory, derogatory, fraudulent, degrading, abusive, hateful, false, misleading, inaccurate, untrue, malicious, offensive, harassing, threatening or racist;
- obscene, vulgar, indecent, pornographic or of a sexual nature;
- a violation of another person's privacy;
- a breach of confidentiality;
- a computer virus or other malicious or harmful code;
- identifiable information about living people without their consent, or, in the case of people under 16, the consent of their parent or guardian. This includes (but is not limited to) a person's full name, location and contact information, social security numbers, account numbers or other financial information, addresses or employer references;
causes or is likely to cause anyone:
- alarm, annoyance, anxiety, embarrassment, offence or distress;
- incitement to racial or religious hatred;
- infringes any intellectual property rights, such as copyright and trademarks. This means generally that you must own the rights in everything you post or must obtain permission from the rights owner to post the information;
- could prejudice any active legal proceedings of which you are aware;
- is unlawful or promotes or teaches unlawful activity;
You must not:
- impersonate anyone else or otherwise misrepresent your identity or status;
- manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver;
- hold yourself out as an employee or representative of iHeartMedia or anyone affiliated with the iHeartMedia family of companies;
- stalk or harass or make persistent or regular contact with other users without their consent or encouragement or after any consent or encouragement has, expressly or impliedly, been withdrawn;
- attempt to gain unauthorized access to this iHeartMedia Site, any related website, other accounts, computer system, or networks connected to this iHeartMedia Site, through hacking, password mining, or any other means;
- use this iHeartMedia Service in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of this iHeartMedia Site or other users' Devices, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment;
- post or 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);
- use our iHeartMedia Site or Services in a way that might damage our name or reputation or that of any of our affiliates;
- use our iHeartMedia Site or Services for any illegal activity or provide material which promotes or teaches illegal activity.
You must not copy or store electronically all or part of our iHeartMedia Site or its contents (except as set out under "What you are allowed to do" above), or make available, distribute, sell or offer to sell all or any part of the iHeartMedia Site or members contact directory in the members section, or download content and data from the iHeartMedia Site or members contact directory to make or populate another database, website or other materials or resource for any purpose.
The United States controls the export of any software downloadable from this iHeartMedia Site. No software or any other materials associated with this iHeartMedia Site may be downloaded or otherwise exported or re-exported to countries or persons prohibited under export control laws, including but not limited to countries against which the United States has embargoed goods, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from a iHeartMedia Site, you confirm that you are not 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.
7. Your content and our use of it
You still own the original copies of the content that you post and we are not trying to prevent the further reuse of this content by you. If you post or send any content (e.g. information, words, photographs, images or video or audio files) whilst using the Services, you give us and our group companies permission to use, copy, adapt, edit, translate, make available, transmit or otherwise communicate, display and publish such content (or any part of it) and your image, name, address and likeness together with the ability to sub-licence any of the foregoing. This includes for commercial and advertising purposes. The grant of these rights to us is irrevocable, worldwide and royalty free. This means, for example, that we can continue to use and display that content even if you ask us to remove it or after your registration or subscription has ended. We do not have to pay you or credit or acknowledge you. If you do not want to grant iHeartMedia the rights set out in this paragraph, please do not submit your content to us.
To the extent permitted by applicable law, you agree to waive all moral rights in any content that you post or send whilst using the Services, including the right to be identified as the author of such content.
We are not responsible for content that you or others provide or that you might see when using the Services.
We do not have to screen, moderate or monitor any content either before or after it is posted or sent. However, we may remove or edit any of your content and take such other action in our complete discretion.
To report issues, abuse or concerns regarding content please contact us Here. If any notice is based on an alleged copyright violation, please follow in the instructions set forth in the section entitled "Reporting infringing content."
8. Your content and consents
If you upload anything to our iHeartMedia Site, you should submit only content which belongs to you and will not violate the intellectual property or other rights of other people or organisations and which complies with these Terms.
By including a reference to yourself or others in any content that you post or submit, you consent to you or others being referred to in connection with the Services. This consent includes the following:
- We may publish the content or any part of it to the world through our iHeartMedia Sites for an indefinite period;
- Anyone in the world may search, view or hear the content at any time for an indefinite period.
A reference to a living person includes a reference by any means whatsoever (including by name or nickname, by description or by appearance in a photograph or film). Before posting or sending any content referring or relating to any living person aged 16 or over, you must obtain that person's explicit consent to be referred to in connection with the Services.
Before posting or sending any content referring to or relating to any living person age 15 or under, you must obtain the consent of their primary parent or guardian for their child to be referred to in connection with the Services. You must make it clear to the parent/guardian that such consent is on behalf of the child and explain the implications of the consent (see above).
Be aware that content, including photographs, music, video, text and drawings, even if submitted to a site of which you are a member, belongs to the creator or submitter and you should not reproduce it without permission of the owner and that photographs of living individuals must not be posted without their consent.
Please make yourself familiar with our Privacy and Cookie Notice Here
9. Our content
Our iHeartMedia Site contains software, trademarks, graphics, information, data, editorial and other content ("Our Content"). Except where we say otherwise, and except where you upload material to this iHeartMedia Site, we are the owner or licensee of all intellectual property rights in and to our iHeartMedia Site and all Our Content. All such rights are reserved.
Other trademarks, service marks, product names and company names or logos appearing on this iHeartMedia Site that are not owned by iHeartMedia may not be used without express permission from their owners.
Unless otherwise expressly permitted, websites may not link to any page beyond the homepage of this iHeartMedia Site, or frame this iHeartMedia Site, or any web page or material herein, nor may any entity include a link to any aspect of this iHeartMedia Site in an email for commercial purposes, without the express written permission of iHeartMedia. Further, unless otherwise expressly permitted, you agree not to link to any of iHeartMedia's content so as to cause you or anyone else to access ant of iHeartMedia's content other than through this iHeartMedia Site.
You may inquire about obtaining permission to use Our Content by writing to:
200 East Basse Road
San Antonio, TX 78209, USA
By Email: IPPermission@iHeartMedia.com
10. Reporting infringing content
iHeartMedia respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) and other applicable legislation regarding such rights. By submitting any material or photographs through this iHeartMedia Site, you are granting permission to have this material posted on this iHeartMedia Site, and are representing that you are the rightful owner of the submitted material, and that no one else may claim rights to this material. iHeartMedia reserves the right to remove access to infringing material. Such actions do not affect or modify any other rights iHeartMedia may have under law or contract. You can find our procedures for providing notice of alleged copyright infringement below.
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:
DMCA Designated Agent
c/o Legal Department
200 East Basse Road
San Antonio, TX 78209, USA
By Facsimile: 001 210 832-3149
By Email: dmca@iHeartMedia.com
The Notification must include the following:
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit iHeartMedia to locate the material.
- Information reasonably sufficient to permit iHeartMedia to contact the complaining party, such as an address, telephone number, and, if available, an email address.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.
11. Your personal information
We will use your personal information in accordance with our Privacy and Cookie Notice Here
12. Registration information and password
We restrict access to certain parts of our iHeartMedia Site to members. If we provide you with a user ID code and/or other password, you must keep the password secret and ensure that it is not used by others. Anything done by someone who has used your User ID and password we will assume to have been done by you and you will be responsible for it. iHeartMedia is not liable for any loss that you suffer as a result of someone else using your password or account, either with or without your knowledge. If you think someone else may have access to or be using your User ID or password, it has been compromised, or if you become aware of any unauthorised use of your account, you must tell us as soon as possible by sending a message to Media Monitors UK here
You must keep your registration information up to date. This includes your email address and your contact information. Your registration as a member of this iHeartMedia Site is personal to you and cannot be transferred.
13. Referral Programs and "Forward to a Friend" Opportunities
The iHeartMedia Site may allow you to submit information about other people (each, a "Referred Person"), including, without limitation, email addresses, mobile telephone numbers, names, street addresses and other contact information so they may receive information and/or promotional offers concerning the iHeartMedia Internet Service that you know they would be interested to receive. You may only refer persons with whom you have a personal relationship. You must have obtained the consent of the Referred Person prior to providing us with his or her contact information. We reserve the right to limit the number of Referred Persons you can submit. We reserve the right to limit the number of transmissions to any particular Referred Person from time to time. You may not withdraw the contact information you provide for a Referred Person once it has been submitted. A Referred Person must be at least 18 years old, and be able to register for the iHeartMedia Internet Service, or otherwise use the iHeartMedia Internet Service.
The contact information for a Referred Person must be valid and functioning in order for us to contact him or her about the iHeartMedia Internet Service. We will not be responsible for validating the contact information you provide. We may elect NOT to communicate with any Referred Person and/or e-mail address if he/she/it appears to be on any of our "do not contact" or "do not e-mail" lists. In addition, we reserve the right to reject the participation of any Referred Person if (a) the contact information provided by you is incorrect or not valid, (b) such individual has violated any provision of these terms or conditions, or (c) we determine in our sole discretion that the participation of such individual might be harmful to us, this iHeartMedia Site, any iHeartMedia Internet Service, or any third party for any reason.
14. iHeartMedia Events
You may be invited or asked to attend iHeartMedia-sponsored events or events held by other members and users of this iHeartMedia Site which are not in any way associated with iHeartMedia at various locations (collectively, "Events"). Your participation in any Events is at your own risk and iHeartMedia and its family of companies will not be liable for anything that happens or does not happen in connection with an Event, because we are not responsible for running them. You also agree that we may film and record any of the Events sponsored by iHeartMedia in which you or your children participate and you hereby agree that such films and recordings shall be owned by iHeartMedia and we may use your or your children's' name, likeness, voice, performance and other activities in which you or your children engage for any advertising, promotional or other lawful purpose in any and all media throughout the world in perpetuity without your approval and without having to pay you or any third party.
15. Competitions, games and promotional offers
Any competitions, games and/or promotional offers accessible on this iHeartMedia Site are governed by specific rules and/or terms and conditions, which will be made available to you before you enter. By entering a competition or participating in such games or promotional offers available on this iHeartMedia Site, you will be subject to those rules and/or terms and conditions. It is critical that you read the applicable rules and/or or terms and conditions, which are linked from the particular page or activity. To the extent of any conflict between those rules and/or terms and conditions and these Terms, the rules and/or terms and conditions for the competition, game or promotional offer will govern, but only to the extent of the conflict. Any competitions, contests, games and/or promotional offers made available or advertised on third party sites accessible from this iHeartMedia Site (such as those of social media partners like Facebook and Twitter), in addition to being subject to the specific rules and/or terms and conditions applicable to your participation in such feature(s) on this iHeartMedia Site, will also be subject to the rules and/or terms and conditions applicable to your participation in such feature(s) on those third party sites.
16. Voting/Rating Features
For any voting/rating features that are available on this iHeartMedia Site, you must follow instructions on this iHeartMedia Site to submit your votes/ratings, including any restrictions on when and how you can vote/rate. Votes/ratings received from you in excess of any stated limitation will be disqualified. You are not allowed to request or take any payment or other benefit in exchange for a favourable vote or rating and will not count. Votes/ratings generated by script, macro or other automated means or any other means intended to impact the integrity of the voting/rating process as determined by us are prohibited and will not count.
We make voting and rating available to facilitate user feedback, but because iHeartMedia does not control how users use the vote and rating facility or the communications networks and equipment required for it to work, iHeartMedia is not liable for any incorrect/inaccurate voting/rating information or for any error, omission, interruption, deletion, defect or delay in the operation of the voting/ rating system or any unauthorized access to, or alteration of, votes/ratings. If we find or suspect any problem with the vote/ rating system, we may, at our discretion, modify, terminate, or suspend it.
If we suspect any user may have breached these terms or of acting in an unsportsmanlike or improper manner in relation to the voting/ rating system, we reserve the right, in our sole discretion, to disqualify them and ignore any votes and ratings they have previously submitted. Our decisions with respect to all aspects of any voting/rating element are final and binding, but not limited to, with respect to the tallying of votes/ratings and the invalidation or disqualification of any suspected votes/ratings or voters/raters. You may also be given the opportunity to participate in voting/rating features in a third party application or feature (such as one of our social media partners like Facebook or Twitter), in which case your participation in such features will be subject to the terms and conditions governing that third party application or feature.
17. Our liability
We are not responsible if you cannot access our iHeartMedia Site or Services properly or at all because your ISP connection, mobile device connection, the Internet generally or your browser software or Device is inadequate or functioning badly, or if your ISP or mobile network provider suspends or terminates their service to you, or because of any other event outside our control.
Making the Services and the iHeartMedia Site enjoyable means we need to fix bugs, install updates and do general diagnosis and maintenance. We will try to do scheduled maintenance during what we anticipate will be relatively low levels of online use. We also need to be able to do emergency maintenance and/or suspend access to the servers where, in our reasonable discretion, we see the need to do that. We will try to have our iHeartMedia Site available again as soon as we think it is safe to do so.
Where our iHeartMedia Site contains links to or information relating to other websites and third party products or services, these links are provided for your information only. We are not responsible for the content of these websites or products or services. This includes where iHeartMedia displays advertisements for the goods and services of a third party on the iHeartMedia Sites, including in connection with co-promotions, sponsorships and other similar partnership arrangements.
We will not be liable to you over the entire period of your use of our iHeartMedia Site for any loss in excess of £100 in the aggregate.
We will not be liable for loss of business or revenue, loss of damage to reputation or goodwill, indirect, consequential or special loss in connection with your use of our iHeartMedia Site.
You are only permitted to use this iHeartMedia Site and the Services if you are 18 years of age or over.
20. Contact us:
If you have any questions concerning this Agreement, you may send them by email to email@example.com
. You must send any official correspondence via postal mail to:
200 E. Basse Road
San Antonio, Texas 78209
Media Monitors UK
Abbey Mill Business Park