This Agreement was last modified on May 20, 2019.
Quick Guide to Contents
- MOBILE DEVICES
- CHANGES TO THIS AGREEMENT
- PRIVACY AND PROTECTION OF PERSONAL INFORMATION
- ACCOUNTS, SECURITY
- USER CODE OF CONDUCT
- DISCLAIMER OF WARRANTIES
- LIMITATIONS ON LIABILITY
- MODIFICATION/TERMINATION BY IHEARTMEDIA
- SOFTWARE AND DOWNLOADS AVAILABLE THROUGH THIS SITE
- INTERNATIONAL USE/U.S. EXPORT CONTROLS
- THIRD-PARTY MERCHANTS
- ADVERTISEMENTS, SPONSORSHIPS, CO-PROMOTIONS AND OTHER PARTNERSHIPS
- INTERACTIVE SERVICES AND USER MATERIALS
- SUBSCRIPTION SERVICES
- PREMIUM SERVICES
- COPYRIGHT AND TRADEMARK NOTICE
This site or application is owned or managed by iHeartMedia, Inc. (“iHeartMedia”) and is part of the iHeartMedia family of companies, which includes other quality entertainment brands such as broadcast and Internet radio stations, iHeartMedia, and the Premiere Networks, each of which operates or manages one or more websites or applications (each a “iHeartMedia Site,” and collectively the “iHeartMedia Sites”).
Certain products or services offered by this and/or other iHeartMedia Sites (each a “iHeartMedia Internet Service,” and collectively “iHeartMedia Internet Services”), and certain areas within this and/or other iHeartMedia Sites may be governed by additional terms (“Additional Terms”) presented in conjunction with those products or services. You must agree to those Additional Terms before using those areas or iHeartMedia Internet Services. The Additional Terms and this Agreement, taken together, shall apply to your use of those areas or iHeartMedia Internet Services. In the event of an irreconcilable inconsistency between the Additional Terms and this Agreement, the Additional Terms shall control.
YOU MAY NOT USE ANY IHEARTMEDIA SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO ANY IHEARTMEDIA SITE MAY BE TERMINATED IMMEDIATELY IN IHEARTMEDIA’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.
By using this iHeartMedia Site, you are representing and warranting that: (a) you are a legal resident of the United States; (b) you are at or above the legal age of majority in your jurisdiction of residence; (c) you own or have sufficient authorization to use the computer, mobile device, technology or other device you use to access this iHeartMedia Site (collectively, “Device”); and (d) you will access and use this iHeartMedia Site in accordance with this Agreement.
Some parts of this iHeartMedia Site may contain adult content intended for people who are at or above the legal age of majority in their jurisdiction of residence. By viewing this adult content, you are representing that you are at or above such legal age of majority and that the content is acceptable to you. Filtering software is commercially available which can be used to exclude content that is not acceptable to you. This software may prevent the display of all or portions of the iHeartMedia Site content.
I. Mobile Devices
If permitted or available through the applicable iHeartMedia Internet Service, to (a) upload content to this iHeartMedia Site via your mobile device and/or tablet, (b) receive and reply to messages, or to access or make posts using text messaging, (c) browse this iHeartMedia Site from your mobile device and/or (d) to access certain features through a mobile application you have downloaded and installed on your mobile device (collectively the “Mobile Services”), you must have a mobile communications subscription (or have the consent of the applicable subscriber) with a participating carrier or otherwise have access to a mobile communications network for which iHeartMedia makes the iHeartMedia Internet Service available as well as any carrier services necessary to download content, and pay any service fees associated with any such access (including text messaging charges for each text message you send and receive on your mobile device). In addition, you must provide all equipment and software necessary to connect to the iHeartMedia Internet Service, including, but not limited to, if this iHeartMedia Site contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the iHeartMedia Internet Service and to use any part of that Service. You are responsible for ensuring that your equipment and/or software does not disturb or interfere with iHeartMedia’s or this iHeartMedia Site’s operations or the iHeartMedia Internet Service. Any equipment or software causing interference will be immediately disconnected from the iHeartMedia Internet Service and iHeartMedia will have the right to immediately terminate this Agreement. If any upgrade in or to the iHeartMedia Internet Service requires changes in your equipment or software (including the operating system for your Device), you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current iHeartMedia Internet Service, including the release of new products and services, will be subject to the terms and conditions of this Agreement. You agree to follow and comply with any applicable laws in your use of the iHeartMedia Internet Service.
II. Changes to This Agreement
iHeartMedia reserves the right, in its sole discretion, to modify, alter, or otherwise change this Agreement and/or the Additional Terms at any time. iHeartMedia will provide notice of such change on this iHeartMedia Site. Please review this Agreement and/or Additional Terms periodically for changes. Your continued use of this iHeartMedia Site and/or iHeartMedia 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 iHeartMedia Site and/or the iHeartMedia Internet Service to which the changes may apply.
III. Privacy and Protection of Personal Information
iHeartMedia has developed a Privacy Statement in order to inform you of its practices with respect to the collection, use, disclosure and protection of personal information. You can find the Privacy Statement, which is incorporated into this Agreement, by clicking here, and by using this iHeartMedia Site you agree to the terms of the Privacy Statement.
IV. Accounts, Security, Passwords
If a particular iHeartMedia Site or iHeartMedia 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 iHeartMedia immediately of any unauthorized use of your account. iHeartMedia 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 iHeartMedia Internet Service.
V. User Code of Conduct
In accessing and using this iHeartMedia Site and/or the iHeartMedia Internet Services, 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 this iHeartMedia Site, 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, 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.Deliver any posting containing personal information, such as phone numbers, social security numbers, account numbers, addresses or employer references.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.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.Obtain or attempt to obtain any materials or information through any means not intentionally made available through this iHeartMedia Site, including harvesting or otherwise collecting information about others such as email addresses.
Except where otherwise provided, access to and 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.
VII. Disclaimer of Warranties
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS IHEARTMEDIA SITE AND/OR IHEARTMEDIA INTERACTIVE SERVICE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS IHEARTMEDIA SITE OR IHEARTMEDIA INTERACTIVE SERVICE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. IHEARTMEDIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS IHEARTMEDIA SITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS IHEARTMEDIA SITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IHEARTMEDIA 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. IHEARTMEDIA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS IHEARTMEDIA SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS IHEARTMEDIA SITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. IHEARTMEDIA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS IHEARTMEDIA SITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.
IHEARTMEDIA IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR IHEARTMEDIA INTERACTIVE SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, IHEARTMEDIA’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
IX. Limitations on Liability
In no event shall iHeartMedia, its subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available this iHeartMedia Site 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 this iHeartMedia Site; (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 this iHeartMedia Site or any information, software, products, services, and related graphics obtained through this iHeartMedia Site; (vi) any transactions entered into through this iHeartMedia Site; (vii) any property damage including damage to your Device or computer system caused by viruses or other harmful components, during or on account of access to or use of this iHeartMedia Site or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of this iHeartMedia Site and iHeartMedia 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 iHeartMedia has been advised of the possibility of damages.
You agree to indemnify and hold harmless iHeartMedia, 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 iHeartMedia Site and any related iHeartMedia Internet Service and/or software. You agree to cooperate fully with iHeartMedia in asserting any available defenses in connection with a claim subject to indemnification by you under this Agreement.
XI. Modification/Termination by iHeartMedia
iHeartMedia reserves the right, in its sole discretion, to modify, suspend, or terminate this iHeartMedia Site and/or any portion thereof, including any iHeartMedia Internet Service, and/or your account, password, or use of any iHeartMedia Internet Service, or any portion thereof, at any time for any reason with or without notice to you.
Termination of your account for a iHeartMedia Internet Service removes your authorization to use the iHeartMedia 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, iHeartMedia shall not be liable to you or any third party for any termination of your access to a iHeartMedia Internet Service.
XIII. Software and Downloads Available Through This Site
Any software that is made available to access, use, view and/or download in connection with a iHeartMedia Site or iHeartMedia Internet Service (“Software”), including applications, podcasts, audio streaming, or video streaming, is owned or controlled by iHeartMedia and/or licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is limited to private, non-commercial use and is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software. iHeartMedia accepts no responsibility or liability in connection with any Software owned or controlled by third parties.
XIV. International Use/U.S. Export Controls
Accessing materials on this iHeartMedia Site by certain persons in certain countries may not be lawful, and iHeartMedia makes no representation that materials on this iHeartMedia Site are appropriate or available for use in locations outside the United States. If you choose to access this iHeartMedia Site 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 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 represent and warrant that you are not located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.
XV. Third-Party Merchants
This iHeartMedia Site may enable you to order and receive products, information and services from businesses that are not owned or operated by iHeartMedia. 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. iHeartMedia 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. iHeartMedia 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 iHeartMedia Internet Service.
XVI. Advertisements, Sponsorships, Co-Promotions and Other Partnerships
iHeartMedia may display 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. iHeartMedia does not endorse or represent and is not responsible for the safety, quality, accuracy, reliability, integrity or legality of any such goods or services advertised, promoted or displayed on this iHeartMedia Site.
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 throughout the United States (collectively, “Events”). Your participation in any Events is at your own risk and you agree to release and hold iHeartMedia, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees harmless from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, any injury or death to you or your minor children or wards, resulting from attending the Events or participation in any activities available at the Events. You also agree that we may film and record any of the Events sponsored by iHeartMedia in which you or your minor children or wards participate and you hereby agree that such films and recordings shall be owned by iHeartMedia and we may use your or your minor children or wards’ name, likeness, voice, performance and other activities in which you or your minor children or wards engage for any advertising, promotional or other lawful purpose in any and all media now or hereafter known throughout the world in perpetuity without notice, approval or compensation to you or any third party.
XVIII. Interactive Services and User Materials
This iHeartMedia Site may offer certain iHeartMedia Internet Services having interactive components such as bulletin boards, chat rooms, blogs, and forums (collectively, “iHeartMedia Interactive Services”). Additional Terms may cover iHeartMedia Internet Services, which appear on the pages where these services are available, in addition to the general terms provided below. The selection of available iHeartMedia Internet Services may change from time to time in iHeartMedia’s sole discretion. You may participate in the iHeartMedia Interactive Service by completing the registration form where one is provided.
iHeartMedia does not control and is not responsible for any notes, messages, billboard postings, ideas, suggestions, concepts or other material, or files delivered to iHeartMedia by you or other users (collectively, “User Materials”). iHeartMedia is not obligated to and does not regularly review, prescreen, monitor, delete, or edit User Materials. However, iHeartMedia reserves the right to do so at any time in its sole discretion, for any reason or no reason, and to refuse, delete, move or edit any User Materials, in whole or in part, with or without notice. iHeartMedia is not responsible or liable for damages of any kind arising from any User Materials even when iHeartMedia is advised of the possibility of such damages, or from iHeartMedia’s alteration or deletion of any User Materials.
You are solely responsible and liable for all User Materials delivered to iHeartMedia, whether via your account, this iHeartMedia Site, email, or any other method. Any violation of these provisions can subject your iHeartMedia account to immediate termination and, possibly, further legal action. You represent and warrant that you own or otherwise control any and all rights in and to the User Materials and that public posting and use of the User Materials by iHeartMedia will not infringe or violate the rights of any third party in any manner.
By emailing, submitting, transmitting, posting, uploading, modifying or otherwise providing any User Material to iHeartMedia, whether solicited or unsolicited, you are granting iHeartMedia and its designees a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide license to reproduce, publish, transmit, perform, display, sublicense, create derivative works from and otherwise use such User Material for any purpose, including, without limitation, advertising and promotional purposes, alone or as a part of other works in any form, media or technology now or hereafter known. No credit, approval or compensation is due to you for any such use of User Materials you may submit. iHeartMedia also has the right, but not the obligation, to use your username (and real name, image, likeness or other identifying information, if provided in connection with User Materials), city and state in connection with broadcast, print, online or other use or publication of your User Materials. Please note that any User Material you submit is and will be treated as non-confidential and non-proprietary as to you, unless specifically stated otherwise in our Privacy Statement.
The information and opinions expressed in User Materials appearing on this iHeartMedia Site are not necessarily those of iHeartMedia or its content providers, advertisers, sponsors, affiliated or related entities, and iHeartMedia makes no representations or warranties regarding that information or those opinions, and expressly disclaims any responsibility for User Materials. iHeartMedia does not represent or guarantee the truthfulness, accuracy, or reliability of any User Materials or determine whether the User Materials violate the rights of others, and iHeartMedia has no control over whether such User Materials are of a nature that you or other users might find offensive, distasteful or otherwise unacceptable. You acknowledge that any reliance on any User Materials submitted by other users will be at your own risk, including any reliance on the accuracy, completeness or usefulness of such User Materials. You acknowledge that this iHeartMedia Site is “public,” and in addition to the license granted to iHeartMedia, other users will have access to your User Materials and might copy, modify or distribute them.
If you are aware of any User Material on this iHeartMedia Site which violates these Terms, please contact us at firstname.lastname@example.org. Please provide as much detail as possible, including a copy of the underlying material, the location where iHeartMedia may find it, and the reason such User Material should be removed. Please note that filing a complaint will not guarantee its removal, iHeartMedia will only remove User Materials if iHeartMedia believes the measure is necessary, in our sole discretion. To the extent any notice is based on an alleged copyright violation, please follow in the instructions set forth in the section entitled “Copyright Infringement.” Other than those we specifically request, we do not accept or consider unsolicited creative materials, ideas or suggestions either via this iHeartMedia Site, email or other means. This is to avoid any misunderstandings if your ideas are similar to those we have developed or obtained independently. However, if you do still transmit to us, via this iHeartMedia Site, email or otherwise, any unsolicited communication or material, you will be deemed to have granted to us the same rights as are set out in this section with respect to User Materials. Without limitation thereof, you agree that iHeartMedia, our affiliates and our licensees are free to use any ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products, services and content using such information, without any credit, notice, approval or compensation to you.
Referral Programs and “Forward to a Friend” Opportunities
The iHeartMedia Site may offer referral programs that permit you to submit information about other persons (each, a “Referred Person”), including, without limitation, U.S.-based 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. 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 a permanent, legal resident of the continental United States, at least 18 years old (or 19 years old if a resident of Alabama or Nebraska, or 21 years old if a resident of Mississippi), 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. We specifically disclaim any liability for exercising such right.
We may, at our discretion, send you a confirmation using any means available through the iHeartMedia Internet Service, including email, text and other forms of messaging, to inform you that the Referred Person has registered for the iHeartMedia Internet Service. If we send the confirmation to you via the carrier service with which you have a mobile communications subscription or otherwise have access, you understand you will pay any service fees associated with any such access (including text messaging charges in connection with messages to your mobile device). If you misuse any referral program or otherwise engage in improper behavior with respect to a referral program, as we determine in our sole discretion, we reserve the right to discontinue the iHeartMedia Internet Service to you. We may from time to time offer incentives or rewards in connection with a referral program, and any such incentive or reward programs shall be subject to Additional Terms which will be posted at the time such programs become available and will be deemed incorporated into, and subject to, this Agreement. We reserve the right, in our sole discretion, to suspend, temporarily or permanently, or cease to provide any and all referral programs without notice, reason or liability.
If you are using the iHeartMedia Internet Service to communicate to a Referred Person (or any third party), you agree not to use such iHeartMedia Internet Service to harm the Referred Person or any other third party, and/or use such iHeartMedia Internet Service in violation of any applicable laws, rules or regulations or the terms and conditions of this Agreement.
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 set forth with respect to limitations on voting/rating. Votes/ratings received from you in excess of any stated limitation will be disqualified. Payment or other consideration in exchange for votes/ratings is prohibited. 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 may be void. iHeartMedia assumes no responsibility for incorrect/inaccurate voting/rating information or for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, votes/ratings. We may, at our discretion, modify, terminate, or suspend the voting/rating or void any vote/rating should a virus, bug, non-authorized human intervention, action of voter/rater, or other cause corrupt or impair the administration, security, or fairness of the voting/rating. We reserve the right, in our sole discretion, to disqualify any individual it finds to be violating these terms, tampering with the voting/rating process, or acting in an unsportsmanlike or improper manner and void all associated votes/ratings. 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.
XIX. Subscription Services
This iHeartMedia Site may offer certain iHeartMedia Subscription Services such as newsletters and Real Simple Syndication (“RSS”) feeds (collectively “iHeartMedia Subscription Services”). By registering for a iHeartMedia Subscription Service, you will be subject to any charges and rules set forth in the description of that service which may or may not be reflected in Additional Terms.
XX. Premium Services
SOME IHEARTMEDIA INTERNET SERVICES ON THIS IHEARTMEDIA SITE, INCLUDING CERTAIN IHEARTMEDIA INTERACTIVE AND SUBSCRIPTION SERVICES, MAY BE OFFERED TO YOU CONDITIONED ON YOUR PAYMENT OF A FEE (EACH, A “IHEARTMEDIA PREMIUM SERVICE”). BY USING THE IHEARTMEDIA PREMIUM SERVICE, YOU AGREE THAT YOU WILL BE SUBJECT TO ANY CHARGES AND RULES SET FORTH IN THE ADDITIONAL TERMS FOR THAT SERVICE, IN ADDITION TO THE GENERAL TERMS PROVIDED BELOW, WHICH MAY INCLUDE AUTOMATIC RENEWALS AND PERIODIC RECURRING CHARGES (E.G., MONTHLY, QUARTERLY, OR ANNUALLY) TO YOUR PAYMENT METHOD UNTIL YOU CANCEL A SERVICE. YOU MAY CANCEL ONLINE BY FOLLOWING THE INSTRUCTIONS BELOW (“PAID SUBSCRIPTION SERVICE – CANCELLATION”). YOU MAY REGISTER FOR BY COMPLETING THE APPLICABLE REGISTRATION FORM.
Plus and All Access Services
iHeartMedia provides various types of music streaming services: (1) the “Free-of-Charge Service”; (2) the “Plus Service”; (3) the “All Access Service”; and (4) an “All Access Family Plan.” The following terms are applicable only if you purchase the Plus Service, the All Access Service, or the Family Plan (each, a “Paid Subscription Service”). In order to obtain access to the Paid Subscription Service, you must also pay a specified, automatically recurring subscription fee (e.g., monthly, quarterly, or annually). Further details about the Paid Subscription Service can be found at iheartradioondemand.com. iHeartMedia may, at its sole discretion, prospectively change the features and services offered in any of the Paid Subscription Service at any time. The Paid Subscription Services are available to US residents only.
Paid Subscription Service—Billing and Fees
Before you register for a Paid Subscription Service, iHeartMedia will provide notice of and get your affirmative consent to any charges. By registering for a Paid Subscription Service (which includes “Direct Purchases” and “In-App Purchases,” as defined below), you affirmatively consent to pay all fees and charges associated with the Paid Subscription Service on a timely basis and are responsible for any charges incurred by your account. You warrant that the credit card information that you provide is correct and is 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.
BY REGISTERING FOR A PAID SUBSCRIPTION SERVICE AND PROVIDING YOUR CREDIT CARD INFORMATION, YOU AUTHORIZE US (IN THE CASE OF A DIRECT PURCHASE) OR THE APP STORE PROVIDER (IN THE CASE OF AN IN-APP PURCHASE) TO CHARGE YOUR CREDIT CARD FOR THE PAID SUBSCRIPTION SERVICE FEE AT THE THEN-CURRENT RATE AND ANY ADDITIONAL CHARGES (INCLUDING LATE CHARGES AND APPLICABLE FEDERAL, STATE, OR LOCAL TAXES), AS WELL AS TO CHARGE YOUR CREDIT CARD ON AN AUTOMATIC AND RECURRING BASIS (E.G., MONTHLY, QUARTERLY, OR ANNUALLY), AS CONSENTED TO AT THE TIME OF REGISTRATION, UNTIL YOU CANCEL YOUR PAID SUBSCRIPTION SERVICE. You may cancel online by following the instructions below (“Paid Subscription Service – Cancellation”).
If you make an in-app purchase of the Paid Subscription Service (an “In-App Purchase”) via the applicable app store provider (e.g., Apple App Store, Google Play, etc.) (an “App Store Provider”), then the App Store Provider will charge your account the applicable fees or charges. Billing for In-App Purchases will be handled by the App Store Provider, according to their terms.
If you purchase a Paid Subscription Service directly from us (a “Direct Purchase”), we may use a third party that is not affiliated with us to process your payments as merchant of record (“Processor”). You agree that this Processor is solely responsible for controlling, handling and processing your payments. For Direct Purchases, you will receive a bill for the Paid Subscription Service fee based on the term of the subscription for which you registered. For example, if you signed up for a monthly paid subscription, you will be billed one day after each month on the calendar day that corresponds with the commencement of your subscription. If your payment date falls on a date that does not exist in that month (e.g., the 31st day of a month), we will bill your credit card on the last day of the applicable month. However, you acknowledge that we reserve the right to change our billing methods effective upon notice to you. You may visit your member account to update your credit card information, and you agree to maintain a valid credit card during the subscription term. You are liable for any amounts that are unsettled and overdue. We may deactivate your member account without notice if your payment method is invalid and your payment becomes past due. Any delinquent payments are due in full within thirty (30) days of the termination or cancellation of a Direct Purchase Paid Subscription Service.
Paid Subscription Service—Promotional Trial
iHeartMedia may offer a free or reduced price trial subscription of the Plus Service or the All Access Service for a specified trial period either without payment or with payment of a reduced fee (a “Trial”). To initiate the Promotional Trial, you will be required to provide your credit card information. By initiating the Promotional Trial, you affirmatively consent to have your credit card charged automatically on a periodically recurring basis if you do not cancel your subscription before the end of the Promotional Trial.
Unless otherwise specified, Trials are limited to a single Paid Subscription Service; you may not obtain more than a single Trial using the same account or credit card and if you have previously used the same account or credit card to obtain a Trial or Paid Subscription Service, then that card will immediately be charged applicable fee upon registration. iHeartMedia may, at its sole discretion and to the fullest extent permitted by law, revoke or alter a Promotional Trial without notice to you and at any time. Your Promotional Trial will end as soon as you purchase a Paid Subscription Service.
BY INITIATING A PROMOTIONAL TRIAL, YOU AFFIRMATIVELY CONSENT TO BE AUTOMATICALLY ENROLLED IN THE PAID SUBSCRIPTION SERVICE YOU SELECTED DURING REGISTRATION, AND TO HAVE YOUR CREDIT CARD AUTOMATICALLY CHARGED THE APPLICABLE FEES (INCLUDING APPLICABLE FEDERAL, STATE, OR LOCAL TAXES) ON A RECURRING PERIODIC BASIS (E.G., MONTHLY, QUARTERLY, OR ANNUALLY), UNLESS YOU CANCEL THE PAID SUBSCRIPTION SERVICE PRIOR TO EXPIRATION OF THE PROMOTIONAL TRIAL. You may cancel online by following the instructions below (“Paid Subscription Service – Cancellation”).
Paid Subscription Service—All Access Family Plan
If you purchase an All Access Family Plan, you, as the paying account holder may designate up to five (5) non-paying account holders (each, a “Family Account Holder”) to access the All Access Service. You will be the only party responsible for paying for the All Access Family Plan and may add or remove Family Account Holders from your All Access Family Plan at any time. To invite a prospective Family Account Holder to participate in your All Access Family Plan, you must provide the prospective Family Account Holder’s email address. iHeartMedia will send an email to the prospective Family Account Holder inviting them to participate in your All Access Family Plan. To accept your invitation to participate in the All Access Family Plan, the Family Account Holder must create an account with iHeartMedia (if they do not already have one) and enter the paying account holder’s billing zip code. All Family Account Holders must live in the same household and be at least 13 years of age.
Paid Subscription Service—Automatic Renewal
By registering for a Paid Subscription Service, you affirmatively consent to have your Paid Subscription Service automatically renewed, and to have your credit card charged on a periodically recurring basis (e.g., monthly, quarterly, or annually), unless you cancel your subscription before the end of your current subscription term. You may cancel online by following the instructions below (“Paid Subscription Service – Cancellation”). Cancellation will be effective the day after the end of your current subscription term. Your failure to cancel your subscription during the current term will result in the automatic renewal of your subscription at the then-current subscription rate and for the same term as your current subscription (e.g., monthly, quarterly, yearly). As described below, if iHeartMedia plans to change the subscription rate, we will provide you with advance notice of the new rate. The cancellation of a Paid Subscription Service will result in a downgrade of your subscription service to the Free-of-Charge Service as of the end of your current subscription term.
Paid Subscription Service—Subscription Rate Changes
We may change the subscription rate from time to time. If we do, we will provide you advance notice of any change in the subscription rate. If you do not agree with the new subscription rate, you may cancel your subscription prior to the new subscription rate taking effect. You may cancel online by following the instructions below (“Paid Subscription Service – Cancellation”). If you continue to use the Paid Subscription Service after the subscription rate has gone into effect, you will be charged the new rate until you cancel or the rate changes.
Paid Subscription Service—Data
Paid Subscription Service—Member Account and Password
You are responsible for any membership name and password that is associated with your account during registration. If the Paid Subscription 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.
Paid Subscription Service—Limited to US Residents, Personal and Non-Commercial Use
The Paid Subscription Services are for US residents only. The Paid Subscription Services are 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 otherwise exploit the Paid Subscription Services without our prior written consent.
Paid Subscription Service—Cancellation
You can cancel your Direct Purchases or a Paid Subscription Service at any time by going to your online account “Settings” and following the cancellation instructions; you may cancel your In-App Purchases by following your App Store Provider’s instructions. In the event that you cancel a Paid Subscription Service before the end of your subscription period, we will not return any portion of your subscription fee provided and you will be entitled to continue accessing the applicable Paid Subscription Service until the end of your membership period.
If you violate this Agreement, we reserve the right to terminate your access to a Paid Subscription Service or any portion thereof at any time, without notice.
XXI. 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
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, 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
Any 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 iHeartMedia Site by writing:
20880 Stone Oak Pkwy
San Antonio, TX 78258
By Facsimile: (210) 832-3149
By Email: IPPermission@iheartmedia.com
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 provided that you will be entitled to continue accessing the applicable iHeartMedia Site until the end of your membership period.
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.
You may email your requests for customer service through the contact information provided on the home page of the applicable premium service.
Any sweepstakes, contests, games and/or promotional offers accessible on this iHeartMedia Site are governed by specific rules and/or terms and conditions. By entering a sweepstakes or contests 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 sweepstakes, game or promotional offer will govern, but only to the extent of the conflict. Any sweepstakes, 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.
This Agreement and any Additional Terms shall be governed by, construed and enforced in accordance with the laws of the State of New York, 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 and all disputes, claims and causes of action arising out of, or connected with, this Agreement and/or the Additional Terms, or in connection with any matters related to this iHeartMedia Site and/or the Privacy Statement, shall be resolved individually, without resort to any form of class action, exclusively in either the state or Federal courts located in New York County, New York. You agree to submit to the personal jurisdiction of the courts of the State of New York 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 iHeartMedia with respect to the use of this iHeartMedia Site and shall not be modified except in writing, signed by an authorized representative of iHeartMedia.
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:
20880 Stone Oak Pkwy
San Antonio, TX 78258
XXIII. Copyright & Trademark Notice
Use of Intellectual Property
The iHeartMedia Site, 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, iHeartMedia 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 iHeartMedia or by other parties that have provided rights thereto to iHeartMedia.
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 iHeartMedia Site, in whole or in part, without the express written permission of iHeartMedia.
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.
Additionally, unless otherwise expressly permitted, websites may not link, whether by hyperlink or otherwise, 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 iHeartMedia’s Intellectual Property so as to cause you or anyone else to access iHeartMedia’s Intellectual Property other than through this iHeartMedia Site.
You may inquire about obtaining permission by writing:
20880 Stone Oak Pkwy
San Antonio, TX 78258
By Facsimile: (210) 832-3149
By Email: IPPermission@iheartmedia.com
iHeartMedia 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 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
20880 Stone Oak Pkwy
San Antonio, TX 78258
By Facsimile: (210) 832-3149
By Email: firstname.lastname@example.org
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 iHeartMedia to locate the material.
(iv) Information reasonably sufficient to permit iHeartMedia 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.
UPDATED AS OF: DECEMBER 19, 2019
QUICK GUIDE TO CONTENTS
- WHAT INFORMATION WE COLLECT
- HOW WE USE INFORMATION
- WE COLLECT INFORMATION FROM VARIOUS SOURCES
- WE SHARE INFORMATION WITH OTHERS
- YOUR CHOICES
- YOUR CALIFORNIA PRIVACY RIGHTS
- SECURITY OF YOUR INFORMATION
- OTHER SITES
- UNITED STATES ONLY
- CONTACT US
1. WHAT INFORMATION WE COLLECT
We (and the vendors we hire to perform business functions on our behalf) and third parties who have integrated their technologies into our platforms and services may collect, receive, and develop several categories of personal information about you depending on the nature of your interactions with us:
Identifiers: We may collect your name, e-mail address, telephone number, mobile phone number, mailing address, date of birth, social media account handles or usernames, and iHeartMedia account usernames and passwords. We may collect your Social Security Number if you are the winner of a promotion or contest. You may create a personal iHeartRadio Code by enabling this feature through the settings in the Apps; the iHeartRadio Code is connected to a unique identifier that ties back to your iHeartRadio account and the information associated with your account. You may also submit photos and videos.
Demographic and Classification Information: We may collect your zip code, age, gender, race, and political affiliation.
Purchase and Preference Information: We may collect information about the artists, stations, podcasts, playlists, and genres you are interested in; content you purchase, access, or download; records of your transactions and subscription purchases; records of contests you enter.
Browser, Usage, and Device Information: We use tracking tools like cookies and pixels to automatically collect information about your interactions with our Platforms, such as your IP address and other unique identifiers for the computer, mobile device, tablet or other device ("Device"), including the hardware model and mobile network information. We collect information about your use of the Platforms, including your browser type; operating system; activations; listening times; what areas of the Platforms you access and for how long; search terms you enter; how long you stay on a page; which hyperlinks and content or advertisements you click on; which songs, playlists, audiovisual content and other iHeartMedia users you interact with; and the page served and preceding page views. If you use our Apps, we may also look at how often you use the Apps and where you downloaded it. We may collect information about your views, clicks, and interactions with our digital content and advertisements (both on and off the Platforms), as well as our promotional emails.If you create an account using your credentials from a third-party social media site, we will have access to certain information from that site, as described further below.
Location Information: We or our vendors or third parties may collect information about the general location of your Device when you access or use the Platforms; or if you choose to turn on your Bluetooth, Wi-Fi or other geolocation functionality when you use the Apps, subject to your consent, the Apps or SDKs embedded within the Apps may collect, infer, and use more precise geolocation information.
Employment-Related Information: If you apply for a job, we may collect information about your work experience and previous employment, your education history, your resume, the URL to your personal or professional websites, your workplace skill sets and certifications, whether you need a visa to work in the United States, and salary expectations. If you apply for a job, you can choose to also voluntarily provide any of the following self-identifying information: ethnicity, gender, disability status, and/or veteran status.
Payment Information: We collect your credit card or debit card details when you make a purchase.
We develop Inferences: Using the other pieces of personal information collected about you, we draw inferences about you, reflecting what we believe to be your interests, characteristics, predispositions, and attitudes.
2. HOW WE USE INFORMATION
We may use personal information for the following purposes:
- To respond to your questions and requests;
- To provide customer service;
- To provide you with access to certain areas and features of the Platforms, such as your favorite stations, your musical preferences, songs you have listened to, shared playlists and your interaction with other users;
- To communicate with you about your account and activities on the Platforms, such as changes to any iHeartMedia policy;
- To administer the Platforms; help diagnose problems with our servers; and facilitate site navigation
- To conduct Platform analytics and operations and to analyze trends;
- To provide and administer contests, events, and other promotions;
- For market research;
- To improve the Platforms and keep our Platforms fresh and interesting to our visitors;
- To track the effectiveness of our advertising (such as measuring how many people view or click an ad) and for advertising attribution, analytics and reporting;
- To personalize your iHeartMedia experience, such as:
- To curate and suggest songs and other content that match your interests; this may include suggesting personalized or localized radio stations, or providing specific features on the Platforms; and
- To serve or display ads and offers (both on and off the Platforms) that are more likely to be relevant to you; these may be for our own products and services, or for products and services offered by our partners and other brands or advertisers (who may pay us to show you such content);
- To send you (either directly or through one of our partners) marketing and promotional messages;
- To pay artists and record labels for tracks you hear;
- To associate you with your account or activities on social networking sites and, if you so choose, to enable interaction and data sharing between your activities on the Platforms and your activities on such social networking sites;
- For security and safety purposes, such as protecting against cyber threats; protecting our rights and the rights of our customers and subscribers; detecting, investigating, or preventing fraud and other illegal activities; and responding to legal and regulatory compliance obligations;
- To comply with our license obligations;
- To verify your identity; and
- For other lawful purposes disclosed at the time we collect your information or otherwise with your consent.
3. WE COLLECT INFORMATION FROM VARIOUS SOURCES
Directly from you: We, as well as our service providers, collect personal information directly from you when you use the Platforms, for example to register to create an account, update your information, sign up for a subscription, use certain features, complete a profile or otherwise tell us about your preferences, access or download content, purchase items or enter into promotions, post content to the Platforms, refer others to the Platforms, interact with us via third party applications or social media sites, request customer support or otherwise communicate with us.We collect personal information when you create an iHeartRadio Code.If you apply for a job, we also collect Employment-Related info and any other personal information you to provide (such as self-identifying information).
Automatically from your devices: We, as well as advertisers and/or service providers, may use a variety of tracking tools and technologies that automatically or passively collect information like Browser/Usage/Device Information and Location Information any time you visit or interact with the Platforms, our emails, and our advertising and content on other websites and platforms.
Vendors and service providers: We receive personal information about you from our vendors and service providers we hire to help us run our business, including those companies that host, protect, or operate our Platforms; analyze data; collect debts for us; provide customer service; send emails for us; process payments; conduct surveys; fulfill orders; run our promotional activities and contests; or provide marketing, analytics, and advertising services.
Business partners: We receive personal information about you from our business partners, including those businesses with whom we offer joint or co-branded promotions, or who advertise on the Platforms. We may also get personal information from advertising networks and search information providers.
Social media: If you create an account using your credentials from a social media site, we will have access to certain information from that site.Services like Facebook Connect give you the option to post information about your activities on our Platforms to your profile page to share with others within your network. In addition, we may receive information about you if other users of a social media application or website give us access to their profiles and you are one of their "connections" or if information about you is otherwise accessible through your "connections'" web page, profile page, or similar page on a social networking or other third party website or interactive service.
Other users: Other users may decide to provide us with your personal information (such as Identifiers) so that we may invite you to join iHeartMedia or so that we may facilitate communication between users of the Platforms.
We combine information: When we get information from other sources, we may combine that with information we already have.We may combine information that we have collected offline with information we collect online or through the Platforms.We may also aggregate your information with other consumers’ information to understand preferences and trends within your peer group over time.
4. WE SHARE INFORMATION WITH OTHERS
We may share personal information as described below:
Affiliates: We may share personal information with our affiliates, subsidiaries, and other companies under common control and ownership with iHeartMedia.
Vendors and service providers: We may share personal information with vendors and service providers we hire to help us run our business, including those companies that host, protect, or operate our Platforms; analyze data; provide customer service, send emails for us; process payments; conduct surveys; fulfill orders; run our promotional activities and contests; or provide marketing, analytics, and advertising services.
Business partners, rights holders, advertisers, and advertising companies: We may share or make available personal information with or to our sponsors, partners, advertisers, advertising networks, advertising servers, and analytics companies or other third parties in connection with our and their marketing, promotional, and other offers, as well as product information. These third parties may use your personal information for their own advertising, analytics, planning, market research, or other business purposes. We may also share your information with the rights holders that license content to iHeartMedia to stream on the Platforms (e.g., artists or record labels). If you connect your iHeartMedia account to a third party application or social media platform, iHeartMedia may automatically share your personal information with that service, and such information may be attributed to your account on the third party platform and published on such service. Likewise, if you log into a third party application with your iHeartMedia account, that third party application may have access to certain information such as your iHeartMedia playlists and activity. Some transfers of your personal information to these other companies may be viewed as a “sale” under certain state laws.
Nielsen: Our Platforms may include Nielsen's proprietary measurement software which may allow you to contribute to market research. To learn more about the information Nielsen's software may collect and your choices with regard to it, please go to https://www.nielsen.com/us/en/legal/privacy-statement/digital-measurement/. If you would like to opt-out of participating, please go to https://priv-policy.imrworldwide.com/priv/browser/cookie-policy-us-en.html?optout=1.
Other users: iHeartMedia is a social service that offers many ways to find, enjoy, and share content. Your name and/or username, profile picture, who you follow, your followers, and your iHeartMedia user profile are publicly available to other subscribers.Your activity on the Platform (e.g., music you listen to, music you share), playlists created or followed, and content you post to the Platform are made publicly available by default and can be accessed by users who follow you or view your iHeartMedia profile and will also be displayed publicly in third-party search engine results and may appear together with other public profile information, such as your playlists, picture and name and/or username. This information is made public by default, but you can limit this sharing as described in the "Your Choices[KE2]" section below.
Business transfers: As we continue to develop our business, we may sell or purchase assets. If another entity acquires us or all or substantially all of our assets, or assets related to the Platforms, your information may be disclosed to such entity as part of the due diligence process and may be transferred to such entity as one of the transferred assets. Also, if any bankruptcy or reorganization proceeding is brought by or against us, all such information may be considered an asset of ours and as such may be sold or transferred to third parties.
SDK Partners:We may make available personal information to third party technology companies whose software development kits (SDKs) or application programming interfaces (APIs) are embedded into our mobile apps.
Other disclosures: We may share personal information for other reasons we may describe to you from time to time as permitted by law.
Non-personal information:We may share information that has been de-identified or aggregated such that it does not identify or relate to you, with other parties for any purpose. This may include aggregated user statistics about the Platforms or aggregated demographic information about our users.
5. YOUR CHOICES
To learn how you can reject or delete cookies from us or other companies, please refer to your browser's help menu. Deleting or rejecting browser cookies does not necessarily affect third-party flash cookies used in connection with our Platform. To delete or disable flash cookies, please go to http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html. If you disable or opt out of receiving cookies, please be aware that some features and services on our Platform may not work properly because we may not be able to recognize and associate you with your account(s). In addition, the offers we provide when you visit us may not be as relevant to you or tailored to your interests.
To learn how to change your device identifier or mobile advertising ID, please refer to your device's help menu or other instructions.
Our Platforms may include Nielsen's proprietary measurement software which may allow you to contribute to market research. If you would like to opt-out of participating, please go to https://priv-policy.imrworldwide.com/priv/browser/cookie-policy-us-en.html?optout=1.
When you use the Platforms, we, our service providers, and advertising partners may place cookies and similar tracking technologies on your computer or Device in order to collect information about your online web-browsing activities over time and across different websites and online services or mobile applications, in order to serve you ads or other content personalized to your interests. This form of advertising is referred to as Interest Based Advertising (“IBA”). In order to personalize these ads or content, we or our advertising partners or service providers may connect and/or share personal information about you either to data you provided to us or to Browser/Usage/Device Information and Location Information collected about you.
You can opt out of being tracked online for IBA purposes by going to http://optout.aboutads.info/?c=2&lang=EN or http://optout.networkadvertising.org/?c=1. You can opt out of being tracked for IBA purposes on mobile apps by going to https://youradchoices.com/appchoices.Another way to opt out of IBA is by clicking on the Advertising Options Icon featured on certain iHeartMedia ads on third-party websites. When clicked it (i) describes the collection and uses of data gathered at the relevant party website and (ii) provides a way for you to opt out of data collection and use by the other parties listed for the purposes of IBA.
Choices you make are device-specific and browser-specific.If you use different browsers on your computer, or multiple computers and Devices, you will need to opt out of IBA from each browser on each of the computers and Devices that you use. Please note that even if you opt out of IBA, you may still receive advertisements from us; they just won't be customized based on your web-browsing activities on third-party websites. Please also note that if you opt-out of IBA, we may still track your visits to the Platforms for our own analytics, operations and security purposes.
Do Not Track:
Some browsers have a "Do Not Track" feature that lets you tell websites that you do not want to have your online activities tracked. These features are not yet uniform, and our systems are not configured to recognize Do Not Track headers or signals from some or all browsers.
If you don’t want to receive promotional communications from us, such as offers, newsletters, advertising e-mails or other marketing communications, you can unsubscribe by:
- following the removal instructions in the communication that you receive;
- sending us an e-mail:
- contacting us by mail
- iHeartRadio, Katz, TTWN, Premiere, Rushlimbaugh.com and coasttocoastam.com: iHeartMedia Digital Customer Service, 32 Avenue of the Americas, 21st Floor, New York, NY 10013
- RCS: RCS, 445 Hamilton Avenue 7th Floor, White Plains NY 10601
- Jelli: 703 South B Street, 2nd Floor San Mateo, CA 94401
- Event Ticket Internal Sales: iHeartMedia, Attention: Quick Wins Team, 125 W. 55th St, 7th Floor, New York, NY 10019
- iHeart Ad Builder: iHeart AdBuilder Customer 125 West 55th Street, New York NY, 10th Floor, 10019
- SigAlert: Total Traffic & Weather Network,1819 Peachtree St, NE, 2nd Floor, Atlanta, GA 30309
- iheartadvertising.com: Quick Wins Team, 125 W. 55th St, 7th Floor, New York, NY 10019
Please note that if you opt out of receiving promotional communications, we may still send you non-promotional communications, such as those about your account or our ongoing business relations.
By downloading our Apps or using the Platforms, you consent to our collection, use, and sharing of your Location Information with other parties for analytics, advertising, and other purposes described herein. You can stop the collection of precise Location Information at any time by going to the setting feature on your Device and changing your preferences. If you do so, certain features of our Apps may no longer function as intended. You also may also uninstall or remove our Apps from your Device.
If you use our Apps, we may send you push notifications from time to time. If you no longer wish to receive push notifications, you can turn them off at the device level in your App settings.
Access to Your Information:
If you wish to verify, correct, or update any of your personal information we have collected or received, you may contact us at the address or e-mail provided below. In accordance with our routine record keeping, we may delete certain records that contain personal information about you. We are under no obligation to store such personal information indefinitely and disclaim any liability arising out of, or related to, the destruction of such personal information.
6. YOUR CALIFORNIA PRIVACY RIGHTS
As of January 1, 2020, California law permits residents of California to request certain details about how their personal information is shared with third parties for the third parties’ direct marketing purposes. If you are a California resident and would like to make such a request, please contact us using the methods described in the Contact Us section, and include “Shine the Light” in your inquiry.
As of January 1, 2020, if you reside in California, you also have the right to make the following requests with respect to your personal information:
Access: You have the right to request that we disclose to you the following: (i) the categories of personal information that we have collected about you; (ii) the categories of sources from which we have collected personal information about you; (iii) the business or commercial purpose for collecting or selling your personal information; (iv) the categories of personal information that we have sold about you and the categories of outside parties to whom the personal information was sold; (v) the categories of personal information that we have disclosed about you for our business purposes and the categories of suppliers to whom the personal information was disclosed; and (vi) the specific pieces of personal information that we have collected about you.
Deletion: You can request that we delete the personal information that we maintain about you, subject to certain exceptions.
Right to be free from discrimination: You have the right not to be discriminated against for exercising these rights.
We may deny certain requests, or fulfill a request only in part, based on our legal rights and obligations. For example, we may retain personal information as permitted by law, such as for tax or other record keeping purposes, to maintain an active account, and to process transactions and facilitate customer requests. Note that for purposes of these rights, personal information does not include information about job applicants, employees, and other of our personnel collected in the employment context.
We will take reasonable steps to verify your identity prior to responding to your requests.The verification steps will vary depending on the sensitivity of the personal information and whether you have an account with us.
You may designate an authorized agent to make a request on your behalf.When submitting the request, please ensure the authorized agent identifies himself/herself/itself as an authorized agent.
We also want California residents to know the following:
- We disclose each of the foregoing categories of personal information to our service providers, business and advertising partners, advertising networks, data analytics providers, and social networks.
- We may “sell” the following categories of personal information: identifiers; personal information categories listed in Cal. Civ. Code § 1798.80(e); commercial information; Internet or other electronic network activity; geolocation data; and inferences.
You can exercise these rights online by clicking the links set forth below, by emailing us at applicable link below, or by calling us at the number set forth below:
iHeartRadio and Premiere
Event Ticket Internal Sales
Jelli, Ad Builder, TTWNetwork.com and iheartadvertising.com are for business use only.
The Platform is not directed to children under 13. We do not knowingly collect, use or disclose personal information from anyone under 13 years of age. If we determine upon collection that a user is under this age, we will not use or maintain his/her personal information without the parent/guardian's consent. If we become aware that we have unknowingly collected personal information from a child under the age of 13, we will make reasonable efforts to delete such information from our records.
8. SECURITY OF YOUR INFORMATION
We use certain reasonable security measures designed to help protect your personal information. However, no electronic data transmission or storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure or warrant the security of any information you transmit to us, and you use the Platforms and provide us with your information at your own risk.
The Platforms may contain links to other sites that we do not own or operate. This includes links from service providers, advertisers, sponsors and/or partners that may use our logo(s) as part of a co-branding or co-marketing agreement. We do not control, recommend or endorse, and are not responsible for, these sites or their content, products, services or privacy policies or practices. These other websites may send their own cookies to your Device, they may independently collect data or solicit personal Information, and may or may not have their own published privacy policies. You should also independently assess the authenticity of any site which appears or claims that it is one of our Platforms (including those linked to through an email or social networking page).
10.UNITED STATES ONLY
The Platforms are governed by and operated in, and in accordance with the laws of, the United States, and are intended for the enjoyment of residents of the United States. iHeartMedia makes no representation that the Platforms are governed by or operated in accordance with the laws of any other nation.
If you have any questions or concerns about this Privacy Statement, the practices of the Platforms, or your experiences with the Platforms, please contact us at:
Attn: iHeartMedia Digital Customer Service
Re: iHeartMedia Privacy Statement
32 Avenue of the Americas, 21st Floor,
New York, NY 10013