- AGREEMENT TO ARBITRATE DISPUTES; CLASS ACTION WAIVER; CHOICE OF LAW
- 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 CLEAR CHANNEL
- 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
- COPYRIGHT AND TRADEMARK NOTICE
Please read this Agreement carefully before using this Clear Channel Site. TO THE FULLEST EXTENT PERMITTED UNDER LAW, BY ACCESSING THIS CLEAR CHANNEL SITE, SUCH AS BY BROWSING, USING ANY INFORMATION OR CONTENT FROM, SUBMITTING INFORMATION THROUGH, AND/OR USING ANY SERVICES ON THIS CLEAR CHANNEL SITE, YOU AGREE TO BE BOUND BY THE TERMS, CONDITIONS, POLICIES AND NOTICES CONTAINED IN THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, TERMS RELATED TO DISCLAIMERS OF WARRANTIES, DAMAGE AND REMEDY EXCLUSIONS AND LIMITATIONS, BINDING ARBITRATION ON AN INDIVIDUAL (NON-CLASS) BASIS, AND A CHOICE OF NEW YORK LAW (EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY SET FORTH HEREIN). 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 Site.
This Agreement sets forth Clear Channel’s policies with respect to its operation of the Clear Channel Sites. Other policies govern Clear Channel’s non-Internet operations. Certain products or services offered by this and/or other Clear Channel Sites (each a “Clear Channel Internet Service,” and collectively “Clear Channel Internet Services”), and certain areas within this and/or other Clear Channel 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 Clear Channel Internet Services. The Additional Terms and this Agreement, taken together, shall apply to your use of those areas or Clear Channel 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 CLEAR CHANNEL SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO ANY CLEAR CHANNEL SITE 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 ANY APPLICABLE ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.
You may only access and use this Clear Channel if you are eligible as set forth in the following sentence. By using this Clear Channel 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 (18 years or older in most states); (c) you own or have sufficient authorization to use the computer, mobile device, technology or other device you use to access this Clear Channel Site (collectively, “Device”); and (d) you will access and use this Clear Channel Site in accordance with this Agreement. No one under the age of 18 is allowed to use or access this Clear Channel Site.
Agreement to Arbitrate Disputes; Class Action Waiver; Choice of Law.
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. DO NOT USE THIS CLEAR CHANNEL SITE IF YOU DO NOT AGREE TO THE FOLLOWING BINDING ARBITRATION TERMS AND CLASS ACTION WAIVER TERMS (the “Agreement to Arbitrate Disputes”).
We Both Agree to Arbitrate
You and Clear Channel agree to resolve any claims relating to this Agreement, any Additional Terms, the Clear Channel Site, our services, or our Privacy Statement through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate Clear Channel’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights), Clear Channel may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the same, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights), without first engaging in arbitration.
You are entitled to opt-out of the arbitration provisions of the Agreement to Arbitrate Disputes. You may do so by emailing firstname.lastname@example.org within thirty (30) days of your first visit to or use of this Clear Channel Site, with the subject line “Arbitration opt-out”. If you opt-out of the arbitration provisions, you may bring claims against Clear Channel in a court of law on an individual (non-class) basis as set forth in the “Choice of Law / Forum Selection” section below.
What is Arbitration
Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this Agreement to Arbitrate Disputes is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to this Agreement, the Clear Channel Site, our services, or our Privacy Statement shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“Arbitration Rules”) in front of one arbitrator. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at www.jamsadr.com/rules-streamlined-arbitration/ or 1-800-352-5267. To initiate arbitration, you or Clear Channel must do the following things:
- Write a demand for Arbitration. The demand must include a description of the claim and the amount of damages sought to be recovered. You can find a copy of a demand for arbitration at www.jamsadr.com/submit/.
- Send three copies of the demand for arbitration, plus the appropriate filing fee to: JAMS to your local JAMS office or to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA 94111.
- Send one copy of the demand for arbitration to the other party.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If travelling to New York is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden, and in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). Arbitration under this agreement shall be held in the United States in New York, NY under New York law without regard to its conflict of laws provisions. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Authority of Arbitrator
The arbitrator will decide the rights and liabilities, if any, of you and Clear Channel, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and this Agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Clear Channel.
No Class Actions
YOU AGREE THAT YOU MAY ONLY RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS. You may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
Waiver of Jury Trial
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Clear Channel in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND CLEAR CHANNEL WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
Choice of Law/Forum Selection
In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, this Agreement shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a federal or state court of competent jurisdiction located in New York, NY.
If permitted or available through the applicable Clear Channel Internet Service, to (a) upload content to this Clear Channel 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 Clear Channel 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 Clear Channel makes the Clear Channel 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 Clear Channel Internet Service, including, but not limited to, if this Clear Channel 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 Clear Channel 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 Clear Channel’s or this Clear Channel Site’s operations or the Clear Channel Internet Service. Any equipment or software causing interference will be immediately disconnected from the Clear Channel Internet Service, and Clear Channel will have the right to immediately terminate this Agreement. If any upgrade in or to the Clear Channel 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 Clear Channel 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 Clear Channel Internet Service.
Changes to This Agreement
Clear Channel reserves the right, in its sole discretion, to modify, alter, or otherwise change this Agreement and/or the Additional Terms at any time. Clear Channel will provide notice of such change on this Clear Channel Site. Please review this Agreement and/or Additional Terms periodically for changes. Your continued use of this Clear Channel Site 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 Site 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, disclosure and protection of personal information. You can find the Privacy Statement by clicking here.
Accounts, Security, Passwords
If a particular Clear Channel Site 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.
User Code of Conduct
When accessing and using this Clear Channel Site and/or the Clear Channel 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 Clear Channel 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 Clear Channel service in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of this Clear Channel 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 Clear Channel Site, any related website, other accounts, computer system, or networks connected to this Clear Channel 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 Clear Channel Site, including harvesting or otherwise collecting information about others such as email addresses.
- Develop, support, or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape this Clear Channel Site or otherwise copy any data from the Clear Channel Internet Services.
- Override any security feature or bypass or circumvent any access controls or use limits of this Clear Channel Site or the Clear Channel Internet Services.
- Use, disclose, or distribute any information obtained from this Clear Channel Site or the Clear Channel Internet Services outside of the permitted uses expressly granted to you, without the consent of Clear Channel.
Except where otherwise provided, access to and use of this Clear Channel Site and the Clear Channel Internet Services offered through it are currently available without charge. Clear Channel reserves the right to charge a fee for access to or use of this Clear Channel Site, or any Clear Channel Internet Service available on this Clear Channel Site at any time in the future. Your access to or use of this Clear Channel Site before such time does not entitle you to use of this Clear Channel Site without charge in the future. If you provide us with payment information – such as a credit card number, CVV, and expiration date – you represent and warrant that you are the rightful owner of such payment method and that you are authorized to lawfully use such payment method.
Disclaimer of Warranties
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS CLEAR CHANNEL SITE AND/OR CLEAR CHANNEL INTERNET 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 SITE OR CLEAR CHANNEL INTERNET 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 CLEAR CHANNEL SITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS CLEAR CHANNEL SITE. 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 SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS CLEAR CHANNEL SITE 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 SITE 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 INTERNET SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
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 this Clear Channel 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 Clear Channel 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 Clear Channel Site or any information, software, products, services, and related graphics obtained through this Clear Channel Site; (vi) any transactions entered into through this Clear Channel 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 Clear Channel Site or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of this Clear Channel Site 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. Notwithstanding the foregoing, these disclaimers do not exclude any product liability claims, statutory consumer rights, or personal injury damages resulting from Clear Channel’s intentional misconduct, recklessness, fraud, or gross negligence.
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, CLEAR CHANNEL’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to indemnify 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 Site and any related Clear Channel Internet Service and/or software. You agree to cooperate fully with Clear Channel in asserting any available defenses in connection with a claim subject to indemnification by you under this Agreement. This provision does not require you to indemnify us for any unconscionable commercial practice by us, or for our fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with this Clear Channel Site.
Modification/Termination of this Clear Channel Site by Clear Channel
Clear Channel reserves the right, in its sole discretion, to modify, suspend, or terminate this Clear Channel Site 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.
Software and Downloads Available Through This Site
Any software that is made available to access, use, view and/or download in connection with a Clear Channel Site or Clear Channel Internet Service (“Software”), including applications, podcasts, audio streaming, or video streaming, 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 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. Clear Channel accepts no responsibility or liability in connection with, and disclaims any responsibility for, any Software owned or controlled by third parties.
International Use/U.S. Export Controls
Accessing materials on this Clear Channel Site by certain persons in certain countries may not be lawful, and Clear Channel makes no representation that materials on this Clear Channel Site are appropriate or available for use in locations outside the United States. If you choose to access this Clear Channel 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 Clear Channel Site. No software or any other materials associated with this Clear Channel 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 Clear Channel 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.
This Clear Channel Site 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.
Advertisements, Sponsorships, Co-Promotions and Other Partnerships
Clear Channel may display advertisements for the goods and services of a third party on the Clear Channel Sites, including in connection with co-promotions, sponsorships and other similar partnership arrangements. Clear Channel 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 Clear Channel Site.
You may be invited or asked to attend Clear Channel-sponsored events or events held by other members and users of this Clear Channel Site which are not in any way associated with Clear Channel 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 Clear Channel, 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 Clear Channel in which you or your minor children or wards participate, and you hereby agree that such films and recordings shall be owned by Clear Channel and that 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. You shall have no approval rights in or to any materials or content that include your name, likeness, voice, performance, or other activities.
Interactive Services and User Materials
This Clear Channel Site may offer certain Clear Channel Internet Services having interactive components such as bulletin boards, blogs, and forums (collectively, “Clear Channel Interactive Services”). Additional Terms may cover Clear Channel Interactive Services, which appear on the pages where these services are available, in addition to the general terms provided below. The selection of available Clear Channel Interactive Services may change from time to time in Clear Channel’s sole discretion. You may participate in the Clear Channel Interactive Service by completing the registration form where one is provided.
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 Clear Channel by you or other users (collectively, “User Materials”). Clear Channel is not obligated to and does not regularly review, prescreen, monitor, delete, or edit User Materials. However, Clear Channel 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. Clear Channel is not responsible or liable for damages of any kind arising from any User Materials even when Clear Channel is advised of the possibility of such damages, or from Clear Channel’s alteration or deletion of any User Materials.
You are solely responsible and liable for all User Materials delivered to Clear Channel, whether via your account, this Clear Channel Site, email, or any other method. Any violation of these provisions can subject your Clear Channel 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 Clear Channel will not infringe, misappropriate, 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 Clear Channel, whether solicited or unsolicited, you are granting Clear Channel 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. You agree to waive any right of approval for Clear Channel’s use of the rights granted herein, and you agree to waive any moral rights that you may have in any User Materials, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights in a manner that interferes with any exercise of the granted rights. No credit, approval or compensation is due to you for any such use of User Materials you may submit. Clear Channel 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 Clear Channel Site 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, and expressly disclaims any responsibility for User Materials. Clear Channel 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 Clear Channel 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 Clear Channel Site is “public,” and in addition to the license granted to Clear Channel, 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 Clear Channel Site which violates these Terms, please contact us at email@example.com. Please provide as much detail as possible, including a copy of the underlying material, the location where Clear Channel may find it, and the reason such User Material should be removed. Please note that filing a complaint will not guarantee its removal, Clear Channel will only remove User Materials if Clear Channel believes the measure is necessary, in our sole discretion. To the extent any notice is based on an alleged copyright violation, please follow the instructions set forth in the section titled “Copyright Infringement.” Other than those we specifically request in writing, we do not accept or consider unsolicited creative materials, ideas or suggestions either via this Clear Channel 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 Clear Channel 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 Clear Channel, 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.
For any voting/rating features that are available on this Clear Channel Site, you must follow instructions on this Clear Channel 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. Clear Channel 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 we find or reasonably suspect 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.
Any sweepstakes, contests, games and/or promotional offers accessible on this Clear Channel 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 Clear Channel Site, you will be subject to those rules and/or terms and conditions. It is critical that you read the applicable rules and/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 Clear Channel 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 Clear Channel 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 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 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 Site 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 firstname.lastname@example.org. You must send any official correspondence via postal mail to:
Clear Channel Outdoor Holdings, Inc.
200 Park Avenue, Ste. 701
New York, NY 10166
Copyright & Trademark Notice
Use of Intellectual Property
The Clear Channel 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, 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 Site, 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 Site that are not owned by Clear Channel may not be used without express permission from their owners.
Additionally, unless otherwise expressly permitted by Clear Channel, websites may not link, whether by hyperlink or otherwise, to any page beyond the homepage of this Clear Channel Site, or frame this Clear Channel Site, or any web page or material herein, nor may any entity include a link to any aspect of this Clear Channel Site in an email for commercial purposes, without the express written permission of Clear Channel. Further, unless otherwise expressly permitted by Clear Channel, you agree not to link to Clear Channel’s Intellectual Property so as to cause you or anyone else to access Clear Channel’s Intellectual Property other than through this Clear Channel Site.
You may inquire about obtaining permission by writing:
Clear Channel Outdoor Holdings, Inc.
200 Park Avenue, Ste. 701
New York, NY 10166
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, images, content, or photographs through this Clear Channel Site, you are granting permission to have this material posted on this Clear Channel 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. Clear Channel reserves the right to remove access to infringing or allegedly infringing material at any time in our sole discretion. 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 below, including how to give us notice if you believe user-provided content on this Clear Channel Site infringes your rights under copyright law.
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
Clear Channel Outdoor Holdings, Inc.
200 Park Avenue, Ste. 701
New York, NY 10166
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.
This Agreement was last modified on December 20, 2023.