TERMS
OF USE AGREEMENT
This site is owned or managed by Clear Channel Communications, Inc.
("Clear Channel") and is part of the Clear Channel family
of companies, which includes other quality entertainment brands such
as broadcast and Internet radio stations, television stations, Clear
Channel Outdoor, Clear Channel Entertainment, and the Premiere Radio
Networks (each a "Clear Channel Website," and collectively
the "Clear Channel Websites").
Clear
Channel provides this Clear Channel Website and related services
for your personal non-commercial use only and subject to your compliance
with this Terms of Use Agreement (the "Agreement"). Please
read this Agreement carefully before using this Clear Channel Website.
Your use of this Clear Channel Website constitutes your acceptance
to be bound by this Agreement without limitation, qualification
or change. If at any time you do not accept all the terms and conditions
of this Agreement, you must immediately discontinue use of this
Clear Channel Website. This Agreement sets forth Clear Channel's
policies with respect to its operation of the Clear Channel Websites.
Other policies govern Clear Channel's non-Internet operations.
Certain
products or services offered by this and/or other Clear Channel
Websites (each a "Clear Channel Internet Service," and
collectively "Clear Channel Internet Services"), and certain
areas within this and/or other Clear Channel Websites may be governed
by additional terms ("Additional Terms") presented in
conjunction with those products or services. You must agree to these
Additional Terms before using those areas or Clear Channel Internet
Services. The Additional Terms and this Agreement shall apply equally.
In the event of an irreconcilable inconsistency between the Additional
Terms and this Agreement, the Additional Terms shall control.
YOU
MAY NOT USE ANY CLEAR CHANNEL WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL
OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL
TERMS. YOUR ACCESS TO ANY CLEAR CHANNEL WEBSITE MAY BE TERMINATED
IMMEDIATELY IN CLEAR CHANNEL'S SOLE DISCRETION, WITH OR WITHOUT
NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT
AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.
Some parts of this Clear Channel website may contain adult content
intended for people who are at least 18 years old. By viewing this
adult content, you are representing that you are at least 18 years
old and that the content is acceptable to you. Filtering software
is commercially available which can be used to exclude content that
is not acceptable to you. This software may prevent the display
of all or portions of the Clear Channel Website content.
Changes
to this Agreement
This Agreement is effective as of September 25, 2003. Clear
Channel reserves the right, in its sole discretion, to modify, alter,
or otherwise change this Agreement and/or the Additional Terms at
any time. Clear Channel will provide notice of such change on this
Clear Channel Website. Please review this Agreement and/or Additional
Terms periodically for changes. Your continued use of the Clear
Channel Website and/or Clear Channel Internet Service constitutes
your acceptance and agreement to be bound by these changes without
limitation, qualification or change. If at any time you do not accept
these changes, you must immediately discontinue use of this Clear
Channel Website and/or the Clear Channel Internet Service to which
the changes may apply.
Privacy
and Protection of Personal Information
Clear Channel has developed a Privacy Statement in order to
inform you of its practices with respect to the collection, use,
and disclosure of personal information. You can find this Statement
by clicking here.
Accounts, Security, Passwords
If a particular Clear Channel Website or Clear Channel Internet
Service requires you to open an account, you must complete the specified
registration process by providing us with current, complete, and
accurate information as requested by the applicable online registration
form. It is your responsibility to maintain the currency, completeness,
and accuracy of your registration data and any loss caused by your
failure to do so is your responsibility. After you have fully completed
the registration form, you may be asked to choose a password and
a user name. It is entirely your responsibility to maintain the
confidentiality of your password and account. Additionally, you
are entirely responsible for any and all activities that occur under
your account. You agree to notify Clear Channel immediately of any
unauthorized use of your account. Clear Channel is not liable for
any loss that you may incur as a result of someone else using your
password or account, either with or without your knowledge. You
may cancel your account by delivering notice in the manner provided
in the Additional Terms governing the particular Clear Channel Internet
Service.
Fees
Except where otherwise provided, access to and use of this Clear
Channel Website and the Clear Channel Internet Services offered
through this site are currently available without charge. Clear
Channel reserves the right to charge a fee for access to or use
of this Clear Channel Website, or any Clear Channel Internet Service
available on this Clear Channel Website at any time in the future.
Your access to or use of this Clear Channel Website before such
time does not entitle you to use of this Clear Channel Website without
charge in the future.
Disclaimer of Warranties
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED
FROM OR THROUGH THIS CLEAR CHANNEL WEBSITE AND/OR CLEAR CHANNEL
INTERACTIVE SERVICE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING
SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS
CONTAINED WITHIN OR AVAILABLE THROUGH THIS CLEAR CHANNEL WEBSITE
OR CLEAR CHANNEL INTERACTIVE SERVICE ARE PROVIDED TO YOU ON AN "AS
IS," "AS AVAILABLE" BASIS. CLEAR CHANNEL MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT
OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, CLEAR CHANNEL DISCLAIMS ALL REPRESENTATIONS
AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR
SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE
EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE
RIGHTS OF THIRD PARTIES. CLEAR CHANNEL DOES NOT WARRANT OR MAKE
ANY REPRESENTATIONS THAT THIS CLEAR CHANNEL WEBSITE WILL OPERATE
ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR
THAT THIS WEBSITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR
OTHER HARMFUL COMPONENTS. CLEAR CHANNEL DOES NOT WARRANT OR MAKE
ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY,
RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY
KIND CONTAINED WITHIN THIS CLEAR CHANNEL WEBSITE FOR ANY PURPOSE,
INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED
GRAPHICS CONTENT.
CLEAR
CHANNEL IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS,
MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS,
INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR
CLEAR CHANNEL INTERACTIVE SERVICES, OR ANY COMPUTER VIRUS OR OTHER
TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
Links
This Clear Channel Website may contain links to websites operated
by third parties. Clear Channel does not monitor or control the
linked sites and makes no representations regarding, and is not
liable or responsible for the accuracy, completeness, timeliness,
reliability or availability of, any of the content uploaded, displayed,
or distributed, or products, or services available at these sites.
If you choose to access any third party site, you do so at your
own risk. The presence of a link to a third-party site does not
constitute or imply Clear Channel's endorsement, sponsorship, or
recommendation of the third party or of the content, products, or
services contained on, or available through, the site.
Software
Available Through CCC Website
Any software that is made available to view and/or download in connection
with a Clear Channel Internet Service ("Software") is
owned or controlled by Clear Channel and/or licensors, affiliates
and suppliers and is protected by copyright laws and international
treaty provisions. Your use of the Software is governed by the terms
of the end user license agreement, if any, which accompanies or
is included with the Software. Clear Channel accepts no responsibility
or liability in connection with any Software owned or controlled
by third parties.
Third-Party
Merchants
This Clear Channel Website may enable you to order and receive
products, information and services from businesses that are not
owned or operated by Clear Channel. The purchase, payment, warranty,
guarantee, delivery, maintenance, and all other matters concerning
the merchandise, services or information, opinion or advice ordered
or received from such businesses are solely between you and such
businesses. Clear Channel does not endorse, warrant, or guarantee
such products, information, or services, and is not liable for the
accuracy, completeness, or usefulness of such information or the
quality of availability of such products or services. Clear Channel
will not be a party to or in any way responsible for monitoring
any transaction between you and third-party providers of such products,
services, or information, or for ensuring the confidentiality of
your credit card information. Any separate charges or obligations
you incur in your dealings with these third parties are your responsibility
and are not part of the fee, if any, charged for the Clear Channel
Internet Service.
Modification/Termination
by Clear Channel
Clear Channel reserves the right, in its sole discretion, to
modify, suspend, or terminate this Clear Channel Website and/or
any portion thereof, including any Clear Channel Internet Service,
and/or your account, password, or use of any Clear Channel Internet
Service, or any portion thereof, at any time for any reason with
or without notice to you.
Termination
of your account for a Clear Channel Internet Service removes your
authorization to use the Clear Channel Internet Service. In the
event of termination, you will still be bound by your obligations
under this Agreement and any Additional Terms, including the warranties
made by you, and by the disclaimers and limitations of liability.
Additionally, Clear Channel shall not be liable to you or any third-party
for any termination of your access to a Clear Channel Internet Service.
Interactive
Services
This Clear Channel Website may offer certain Clear Channel Internet
Services having interactive components such as bulletin boards,
chat rooms and forums (collectively "Clear Channel Interactive
Services"). A copy of the Interactive Service Additional Terms
can be found here.
Subscription
Services
This Clear Channel Website may offer certain Clear Channel Subscription
Services such as newsletters (collectively "Clear Channel Subscription
Services"). By registering for a Clear Channel Subscription
Service, you will be subject to any charges and rules set forth
in the description of that service.
Premium
Services
Some Clear Channel Internet Services on this Clear Channel Website,
including certain Clear Channel Interactive and Subscription Services,
may be offered to you conditioned on your payment of a fee ("Clear
Channel Premium Service"). By using the Clear Channel Premium
Service, you will be subject to any charges and rules set forth
in the Additional Terms for that service. A copy of the Premium
Service Additional Terms can be found here.
Contests/Sweepstakes
For Additional Terms applying to all contests or sweepstakes
conducted by this Clear Channel Website, refer to this site's contest
or sweepstakes information.
Limitations
on Liability
In no event shall Clear Channel, its subsidiaries, affiliates,
distributors, suppliers, licensors, agents or others involved in
creating, sponsoring, promoting, or otherwise making available the
Clear Channel Website and its contents, be liable to any person
or entity whatsoever for any direct, indirect, incidental, special,
compensatory, consequential, or punitive damages or any damages
whatsoever, including but not limited to: (i) loss of goodwill,
profits, business interruption, data or other intangible losses;
(ii) your inability to use, unauthorized use of, performance or
non-performance of the Clear Channel Website; (iii) unauthorized
access to or tampering with your personal information or transmissions;
(iv) the provision or failure to provide any service; (v) errors
or inaccuracies contained on the Clear Channel Website or any information,
software, products, services, and related graphics obtained through
the Clear Channel Website; (vi) any transactions entered into through
this Clear Channel Website; (vii) any property damage including
damage to your computer or computer system caused by viruses or
other harmful components, during or on account of access to or use
of this Clear Channel Website or any site to which it provides hyperlinks;
or (viii) damages otherwise arising out of the use of the Clear
Channel Website and Clear Channel Internet Services. The limitations
of liability shall apply regardless of the form of action, whether
based on contract, tort, negligence, strict liability or otherwise,
even if Clear Channel has been advised of the possibility of damages.
Indemnification
You agree to indemnify, defend, and hold harmless Clear Channel,
its subsidiaries, agents, distributors and affiliates, and their
officers, directors and employees from and against any and all claims,
actions, demands, liabilities, costs and expenses, including, without
limitation, reasonable attorneys' fees, resulting from your breach
of any provision of this Agreement, the Additional Terms, or any
warranty you provide herein, or otherwise arising in any way out
of your use of this Clear Channel Website and any related Clear
Channel Internet Service and/or software. Clear Channel reserves
the right to take exclusive control and defense of any such claim
otherwise subject to indemnification by you, in which event you
will cooperate fully with Clear Channel in asserting any available
defenses.
International
Use/U.S. Export Controls
Accessing materials on this Clear Channel Website by certain
persons in certain countries may not be lawful, and Clear Channel
makes no representation that materials on this Clear Channel Website
are appropriate or available for use in locations outside the United
States. If you choose to access this Clear Channel Website from
outside the United States, you do so at your own risk and initiative,
and are responsible for compliance with any applicable local laws.
The United States controls the export of any software downloadable
from this Clear Channel Website. No software or any other materials
associated with this Clear Channel Website may be downloaded or
otherwise exported or re-exported to countries or persons prohibited
under export control laws, including but not limited to countries
against which the United States has embargoed goods, or to anyone
on the U.S. Treasury Department list of Specially Designated Nationals
and Blocked Persons or the U.S. Commerce Department's Table of Deny
Orders. You are responsible for compliance with the laws of your
local jurisdiction regarding the import, export, or re-export of
any such materials. By using and/or downloading any such materials
from a Clear Channel Website, you represent and warrant that you
are no located in, under the control of, or a national or resident
of any such country to which such import, export, or re-export is
prohibited or are not a person or entity to which such export is
prohibited.
PRIVACY
STATEMENT
This
statement informs you of Clear Channel's practices with respect
to the online collection, use, and disclosure of personal information
from this Clear Channel Website. Personal information is information
that allows us to contact you (such as email address, home address,
or telephone number) or other information that, when linked to your
name or contact information, allows us to personalize your visit
to our site by providing you with information that suits your interests.
Clear Channel is the owner of this website and retains all ownership
rights to the information collected at this site. Clear Channel
reserves the right to change, modify, add, or remove provisions
of this Privacy Statement. Any changes to this Privacy Statement
will be posted here, and we encourage you to check back from time
to time.
Personalization
Although you may use many features of this site without completing
a registration or sign-up form, visitors who do register and/or
sign up for special services may have access to additional features
of the site and are more likely to receive information suited to
their interests. For example, a registered user is eligible for
additional services provided by this website such as listener clubs
and personalized content. Our registration and special services
sign-up forms may ask you for contact information (like name or
email address) and demographic information (like zip code or age).
You must provide the information in order to receive the benefits
of registration or of the special service.
We may use the contact information you give us to better tailor
your website experience to your interests, and to send you information
about Clear Channel and its services as well as promotional material
on behalf of some of our partners. We use other information that
you provide to us to show you content in which you may be interested
and to display the content according to your preferences. We will
also share this information within the Clear Channel family in order
to enhance your experience on this and other Clear Channel Websites.
In
addition, we may share this information with advertisers or other
third parties that are not part of the Clear Channel family on an
aggregate or other basis that does not disclose your identity or
contact information.
Online
Surveys/Contests
From time to time, we may conduct online surveys and contests. These
ask you for contact information (like name or email address) and
demographic information (like zip code or age). We may use this
contact information from our surveys and contests to provide you
with information about our company and promotional material on behalf
of some of our partners, and to contact you when necessary.
Supplemental Information
To enhance Clear Channel's ability to tailor this site to your preferences,
we may combine information that you provide us on registration and
other online sign-up forms with other information about you that
we may obtain. We do not share that information with any other party.
Shopping/Commercial
Services
This Clear Channel site may offer shopping services, which may
be offered by us or by a firm that operates a store under contract
with us. If our site offers shopping or other commercial services,
you will use a customer order form to request information, products,
and services. The order form will ask you to give us contact information
(like name or email address), financial information (like account
or credit card numbers), and demographic information (like zip code
or age).
We
will use the financial information that you provide to bill you
for products and services. By giving our site your credit card and
related personal information, you are authorizing our store to give
that information to the merchant and credit card company in order
to confirm and fulfill your order.
We will use contact information from the order form to fulfill your
orders. We may also use contact data to get in touch with you when
necessary. We will not otherwise use or distribute your financial
information without your prior approval.
Public
Forums
This site may make available chat rooms, forums, message boards,
and news groups. Please remember that any information that you disclose
in these areas becomes public information and you should exercise
caution when deciding to disclose your personal information.
Information
Sharing With Third Parties
From time to time we may enter into a special relationship with
another company that is not owned by Clear Channel to provide additional
features at this site. These special relationships may include "powered
by" partners, business partners, sponsors, and co-branded sites
(referred to here as "co-branded pages"). These might
include, for example, pages that share our name and that of another
entity, such as TicketMaster. You should look for a specific privacy
statement on any such co-branded page. Any personal information
that you provide when signing up at one of those co-branded pages
may be shared with our third party partner. You should also check
our partner's website for information regarding its privacy policies.
Also,
the nature of some features of our site may require that we share
personal information about you with persons or companies outside
of the Clear Channel family. For example, this may occur at a feature
that enables you, via our site, to ask questions of persons or entities
that are not part of the Clear Channel family. By responding to
those features of the site, whether by email or direct entry of
information on our Website, you are consenting to our transferring
that information to such persons or entities.
With
respect to specific registration modules, like contests, we may
disclose personal information collected, and we will post a conspicuous
statement on the registration module to the effect that we will
be disclosing the information collected with third parties
Finally, we may share any of the information collected from you
with these other non-Clear Channel companies in an aggregate basis.
The aggregated information is not linked to any information that
can identify you.
IP
Address and Log Files
We may use your IP address to administer our Website, to help
diagnose problems with our server, to analyze trends, to track users'
webpage movements, to help identify you and your shopping cart,
and to gather broad demographic information for aggregate use.
Cookies
This Clear Channel site may use a standard technology called
a "cookie" to collect information about how you use the
site. Cookies reside on your computer and help our website to recognize
your computer's browser as a previous visitor. This information
allows us to customize delivery of information. For example, our
site may use cookies to save and remember registration information
or preferences that you may have set while browsing the site, to
keep track of your shopping cart, to ensure you don't see the same
ad content repeatedly, to deliver content specific to your interests,
and to save your password so you don't have to re-enter it each
time you visit our site. We use cookies only to gather information
as indicated in this policy.
In
addition, on occasion our site may also set a "session cookie"
which helps us administer the site. The session cookie expires when
you close your browser and does not retain any information about
you after it expires.
Banner
Advertising
We license ad-server software from another company to place
banner advertising on our sites. All of the data provided and generated
by the ad-server software remains in our possession and no data
is transferred to the licensor of the software. This feature of
our site may, on occasion, set "cookies" on your computer.
Any information collected or stored by the ad-service or the cookies
is treated in the same manner as other information as described
in this statement.
Children's
Personal Information
Consistent with the Children's Online Privacy Protection Act:
·
This site does NOT collect, use, or disclose personal information
(including online contact information) of children under the age
of 13.
· In the event that a child under the age of 13 attempts
to register on our site, we will NOT accept the registration and
will delete information received from the child.
· In the event that a child posts personal information in
a public forum such as a chat room, we will attempt to delete that
information once we become aware of it.
Your
Choices
This Clear Channel site provides you the opportunity to opt-out
of receiving email communications from us and our special relationship
partners. To opt-out of receiving email communications, you:
·
Modify your registered user information on our website; or
· Send an email to Clear
Channel Radio Interactive Support.
Access
to Personal Information
Clear Channel gives you the opportunity to modify or remove
personal information that you have provided to us. You may do so
by modifying your password-protected registered user information
on our website.
Security
of Your Personal Information
Clear Channel employs reasonable security measures consistent
with standard industry practice, for information collected through
this website. We believe that we have adequate security measures
in place in our physical facilities to protect against the loss,
misuse, or alteration of the information we collect on our website.
We also use internal protections to limit access to users' personal
information to only those employees who need the information to
perform a specific job.
Sale
or Merger
If this site is sold to, or merges with, another company not
owned by Clear Channel, you should expect that some or all of the
information collected from this website may be transferred to the
buyer/surviving company. If so, Clear Channel will seek to obligate
the acquiring company to use any personal information transferred
by this site in a manner consistent with this statement, but cannot
guarantee that it will be able to impose that requirement or that
the acquiring company will comply.
Legal
Process
You should be aware that Clear Channel may be required to disclose
your personal information to the government or third parties under
certain circumstances, such as in court or regulatory proceedings.
Contacting
the Website
If you have any questions about this privacy statement, the
practices of this site, or your dealings with this website, you
can contact Clear Channel
Radio Interactive Support.
Leased
Content
Neither Standard & Poor nor any third-party licensor shall
have any liability for the accuracy or completeness of this service
or any component thereof or for delays, unauthenticity, omissions,
or other defects therein nor for any claims or losses arising therefrom
or occasioned thereby, including, without limitation, any lost profits,
indirect, special, or consequential damages. Either Standard &
Poor or third party licensors have exclusive proprietary rights
from the information received via the service. Customer, end-user,
or visitor, as applicable, shall not use or permit anyone to use
the information provided through the service for any unlawful or
unauthorized purpose. Customer, end-user, or visitor, as applicable,
is not authorized or permitted to furnish such information to any
person or firm for reuse or retransmission without prior written
approval of the source of such information. Provision of the information
on the service is subject to termination in the event that any agreement
between a third party licensor and a provider of information distributed
through the service is terminated in accordance with its terms.
Third party licensor and its subsidiaries, affiliates, information
providers and content partners shall have no liability for investment
decisions based on the information provided hereby.
General
Information
This Agreement and the Additional Terms shall be governed by,
construed and enforced in accordance with the laws of the State
of Texas, as it is applied to agreements entered into and to be
performed entirely within such state, without regard to conflict
of law principles. You agree that any cause of action you or Clear
Channel brings to enforce this Agreement and/or the Additional Terms,
or in connection with any matters related to this Clear Channel
Website and/or the Privacy Statement, shall be brought only in either
the state or Federal courts located in San Antonio, Texas. You agree
to submit to the personal jurisdiction of the courts of the State
of Texas for any cause of action arising out of this Agreement.
You agree to file any cause of action with respect to this Agreement
within one year after the cause of action arises. You agree that
a cause of action filed after this date is barred.
If
any provision of this Agreement, or the application thereof to any
person or circumstances, is held invalid or for any reason, unenforceable
including, but not limited to, the warranty disclaimers and liability
limitations, then such provision shall be deemed superseded by a
valid, enforceable provision that matches, as closely as possible,
the original provision, and the other provisions of this Agreement
shall remain in full force and effect. The failure of either party
to insist upon strict performance of any provision of this Agreement
shall not be construed as a waiver of any provision or right. Unless
expressly provided otherwise, this Agreement is the entire agreement
between you and Clear Channel with respect to the use of this Clear
Channel Website and shall not be modified except in writing, signed
by an authorized representative of Clear Channel.
If
you have any questions concerning this Agreement, you may send them
by email to LegalDepartment-SanAntonio@clearchannel.com.
You must send any official correspondence via postal mail to:
H.
Newsom
Legal Department
Clear Channel Communications, Inc.
200 E. Basse Road
San Antonio, Texas 78209
European
Union and Other Foreign Nations
This Clear Channel website is governed by and operated in accordance
with the laws of United States of America and is intended for enjoyment
of residents of the United States. Clear Channel makes no representation
that this website is governed by or operated in accordance with
the laws of other nations. By using this site and submitting any
personal information, visitors from outside of the United States
acknowledge the this site is subject to U.S. law, consent to the
transfer of personal data to the U.S., and waive any claims that
may arise under their own national laws.
COPYRIGHT
& TRADEMARK NOTICE
Use
of Intellectual Property
The Clear Channel Website, and all of its contents, including
but not limited to articles, other text, photographs, images, illustrations,
graphics, video material, audio material, including musical compositions
and sound recordings, software, Clear Channel logos, titles, characters,
names, graphics and button icons (collectively "Intellectual
Property"), are protected by copyright, trademark and other
laws of the United States, as well as international conventions
and the laws of other countries. The Intellectual Property is owned
or controlled by Clear Channel or by other parties that have provided
rights thereto to Clear Channel.
You
may not, and agree that you will not, reproduce, download, license,
publish, enter into a database, display, modify, create derivative
works from, transmit, post, distribute or perform publicly by any
means, method, or process now known or later developed, decompile,
reverse engineer, disassemble, use on another computer-related environment,
transfer or sell any Intellectual Property, information, software
or products obtained from or through this Clear Channel Website,
in whole or in part, without the express written permission of Clear
Channel.
Other
trademarks, service marks, product names and company names or logos
appearing on this Clear Channel Website that are not owned by Clear
Channel may not be used without express permission from their owners.
Additionally,
unless otherwise expressly permitted, websites may not hyperlink
to any page beyond the homepage of this Clear Channel Website, or
frame this Clear Channel Website, or any web page or material herein,
nor may any entity include a hyperlink to any aspect of the Clear
Channel Website in an email for commercial purposes, without the
express written permission of Clear Channel.
You may inquire about obtaining permission by writing:
H.
Newsom
Legal Department
Clear Channel Communications, Inc.
200 East Basse Road
San Antonio, TX 78209
By Facsimile: (210)832-3428
By Email: IPPermission@clearchannel.com
Copyright
Infringement
Clear Channel respects the intellectual property rights of third
parties, and complies with the terms of the Digital Millennium Copyright
Act (DMCA) regarding such rights. By submitting any material or
photographs through this Clear Channel Website, you are granting
permission to have this material posted on this Clear Channel Website,
and are representing that you are the rightful owner of the submitted
material, and that no one else may claim rights to this material.
Clear Channel reserves the right to remove access to infringing
material. Such actions do not affect or modify any other rights
Clear Channel may have under law or contract. You can find our procedures
for providing notice of alleged copyright infringement here.
Procedure
for Making Claim of Copyright Infringement
If you believe that your work has been copied in a way that constitutes
copyright infringement, you should send written notification thereof,
in accordance with the provisions of the Digital Millennium Copyright
Act, to our Designated Agent, who can be reached as follows:
By mail:
H.
Newsom
DMCA Designated Agent
c/o Legal Department
Clear Channel Communications, Inc.
200 East Basse Road
San Antonio, TX 78209
By Facsimile: (210) 832-3428
By Email: dmca@clearchannel.com
Pursuant
to 17 U.S.C. § 512(c), to be effective, the Notification must
include the following:
(i)
A physical or electronic signature of a person authorized to act
on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works at a single online
site are covered by a single notification, a representative list
of such works at that site.
(iii) Identification of the material that is claimed to be infringing
or to be the subject of infringing activity and that is to be removed
or access to which is to be disabled, and information reasonably
sufficient to permit Clear Channel to locate the material.
(iv) Information reasonably sufficient to permit Clear Channel to
contact the complaining party, such as an address, telephone number,
and, if available, an email address.
(v) A statement that the complaining party has a good faith belief
that use of the material in the manner complained of is not authorized
by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate,
and under penalty of perjury, that the complaining party is authorized
to act on behalf of the owner of an exclusive right that is allegedly
infringed.
This process only relates to reporting a claim of copyright infringement.
Messages related to other matters will not receive a response through
this process.
INTERACTIVE SERVICE ADDITIONAL TERMS
You may participate in the Clear Channel Interactive Service
by reading and agreeing to the Terms of Use Agreement and these
Interactive Service Additional Terms, and by completing the registration
form. If you do not agree to abide by the Terms of Use Agreement
and these Interactive Service Additional Terms, you may not participate
in the Clear Channel Interactive Service.
You
agree that you will not:
·
Deliver any unsolicited advertisement, promotional materials, junk
email, bulk email (also known as "spam"), chain letters,
surveys or contests, or solicit participation in any pyramid schemes
(unless it is on a page that explicitly states that such postings
are allowed on that page).
· Deliver any unlawful (according to local, state, federal,
or international law or regulation) postings to or through the Clear
Channel Website, or any postings which advocate illegal activity.
· Deliver, or provide links to, any postings containing material
that could be considered harmful, obscene, pornographic, indecent,
lewd, violent, abusive, profane, insulting, threatening, tortuous,
harassing, hateful or otherwise objectionable.
· Deliver, or provide links to, any postings containing material
that harasses, victimizes, degrades, or intimidates an individual
or group of individuals on the basis of religion, race, ethnicity,
sexual orientation, gender, age, or disability.
· Deliver, or provide links to, any postings containing defamatory,
false or libelous material.
· Deliver any posting that infringes or violates any intellectual
property or other right of any entity or person, including, without
limitation, copyrights, patents, trademarks, laws governing trade
secrets, rights to privacy, or publicity.
· Deliver any posting to that you do not have a right to
make available under law or contractual or fiduciary relationships.
· Impersonate another person or entity or falsely state or
otherwise misrepresent your affiliation with a person or entity,
or adopt a false identity if the purpose of doing so is to mislead,
deceive, or defraud another.
· Manipulate identifiers, including by forging headers, in
order to disguise the origin of any posting that you deliver.
· Use this Clear Channel service in any manner which could
damage, disable, overburden, or impair or otherwise interfere with
the use of the Clear Channel Website or other users' computer equipment,
or cause damage, disruption or limit the functioning of any software,
hardware, or telecommunications equipment.
· Attempt to gain unauthorized access to this Clear Channel
Website, any related website, other accounts, computer system, or
networks connected to this Clear Channel Website, through hacking,
password mining, or any other means.
· Obtain or attempt to obtain any materials or information
through any means not intentionally made available through this
Clear Channel Website, including harvesting or otherwise collecting
information about others such as email addresses.
You
are solely responsible and liable for postings delivered to the
Clear Channel Website using your account. Any violation of these
provisions can subject your Clear Channel account to immediate termination
and, possibly, further legal action.
Clear
Channel does not control and is not responsible for any notes, messages,
billboard postings, ideas, suggestions, concepts or other material,
or files delivered to a Clear Channel interactive website by you
or other users. Clear Channel is not obligated to and does not regularly
review, monitor, delete, or edit postings. However, Clear Channel
reserves the right to do so at any time in its sole discretion,
for any reason or no reason, and to delete or edit any posting with
or without notice. Clear Channel is not responsible or liable for
damages of any kind arising from any postings even when Clear Channel
is advised of the possibility of such damages, or from Clear Channel's
alteration or deletion of any posting.
The
information and opinions expressed in postings on this Clear Channel
Website are not necessarily those of Clear Channel or its content
providers, advertisers, sponsors, affiliated or related entities,
and Clear Channel makes no representations or warranties regarding
that information or those opinions. Clear Channel does not represent
or guarantee the truthfulness, accuracy, or reliability of any postings
or determine whether the postings violate the rights of others.
You acknowledge that any reliance on material posted by other users
will be at your own risk.
Unless
otherwise provided, all postings to the Clear Channel Website automatically
and immediately become the property of Clear Channel without any
obligation of confidentiality. Clear Channel shall be entitled to
use the material for any type of use forever including in any media
whether now known or later devised. If any court determines that
Clear Channel does not retain exclusive ownership of any posting,
then you hereby expressly grant to Clear Channel a royalty-free,
perpetual, irrevocable right to use, reproduce, adapt, modify, publish,
edit, translate, perform, transmit, sell, sublicense or otherwise
distribute and display the Posting for any reason, including for
promotional and advertising purposes, alone or as a part of other
works in any form, medium or technology now known or later developed,
and you waive all moral rights in all such postings.
PREMIUM SERVICE ADDITIONAL TERMS
You may register for a Clear Channel Premium Service by reading
and agreeing to the Terms of Use Agreement and these Premium Service
Additional Terms, and by completing the registration form. If you
do not agree to abide by the Terms of Use Agreement and these Premium
Service Additional Terms, you may not register for the Clear Channel
Premium Service.
Member
Account and Password
You are responsible for any membership name and password that is
associated with your account during registration. If this premium
service does not recognize your device from a previous sign-in,
you will be asked for information that will help us to identify
your registration. It is your responsibility to maintain the confidentiality
of your password, if one is established. You are entirely responsible
for any and all activities that occur under your account, and agree
to notify us immediately of any unauthorized use of your account.
Charges
for Premium Service
Clear Channel will provide notice of any charges, or extra charges,
before you register for or enter a premium area. You are responsible
for any charges for premium content incurred by your account. We
are not liable for any loss that you may incur as a result of someone
else using your password or account, whether with or without your
knowledge.
In
the event that you pay for a premium service by credit card, you
authorize us to charge your credit card account by registering for
the service and providing us with your credit card information.
You warrant to us that the credit card information that you provide
us is correct and is your account.
Limited
to Personal and Non-Commercial Use
This premium service is for your personal and non-commercial use
only. You may not modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from, transfer,
or sell any information, software, products obtained from this premium
service without our prior written consent. You may inquire about
obtaining written permission from us to display or reproduce material
from this site by writing:
H.
Newsom
Legal Department
Clear Channel Communications, Inc.
200 East Basse Road
San Antonio, TX 78209
By
Facsimile: (210) 832-3428
By Email: IPPermission@clearchannel.com
Cancellation
You may cancel your membership in this premium service at any time
by contacting us using the contact information provided on this
premium service. In the event that you have paid a fee to register
on this site, we will return the unused portion of your membership
fee on a 52-week pro-rated basis within ninety (90) days of your
cancellation of your membership.
We
reserve the right to terminate your access to this premium service
or any portion thereof at any time, without notice. Upon such termination,
we shall return the unused pro-rata portion of your membership fee
on a 52-week pro-rated basis to you within ninety (90) days of the
termination of your access to this service.
Modification
of these Terms of Use
Clear Channel may from time to time change the terms and conditions
governing this premium service. It is important that you regularly
review these terms and conditions to stay informed with regard to
any changes in the terms and conditions governing your use of this
premium service. Your continued use of this premium service constitutes
your agreement to all such terms and conditions.
Submissions
Unless otherwise stated, we will not review or consider any unsolicited
submissions to this premium service. All submissions to this premium
service become our property. No submission will be subject to any
reimbursement or other payment by us.
Service
Contact
You may email your requests for customer service through the contact
information provided on the home page of this premium service.
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