Effective Date: March 12, 2025
Versión en Español: https://www.iheartradio.com/terms-es-us
Quick Guide to Contents
- CHANGES TO THESE TERMS
- MOBILE DEVICES
- PRIVACY AND PROTECTION OF PERSONAL INFORMATION
- ACCOUNTS, SECURITY, PASSWORDS
- USER CODE OF CONDUCT
- FEES
- PREMIUM SERVICES
- DISCLAIMER OF WARRANTIES
- EXCEPTIONS
- LIMITATIONS ON LIABILITY
- INDEMNIFICATION
- MODIFICATION/TERMINATION BY IHEART
- LINKS
- SOFTWARE AND DOWNLOADS AVAILABLE THROUGH THE SITE
- NO INTERNATIONAL USE
- PURCHASES FROM THIRD-PARTY MERCHANTS
- ADVERTISEMENTS, SPONSORSHIPS, CO-PROMOTIONS AND OTHER PARTNERSHIPS
- EVENTS
- USER MATERIALS; UNSOLICTED SUBMISSIONS OF WORKS AND ENGAGEMENT WITH THE SITE
- ADDITIONAL SERVICES
- CONTESTS/SWEEPSTAKES
- ARTIFICIAL INTELLIGENCE
- INTELLECTUAL PROPERTY
- DISPUTE RESOLUTION; CLASS ACTION WAIVER; JURY TRIAL WAIVER
- GENERAL
This site or application (āiHeart Siteā or āSiteā) is owned or managed by iHeartMedia, Inc. and our affiliates and subsidiaries, including iHeartRadio, iHeartMedia, Premiere Networks, and TTWN (collectively āiHeart,ā āwe,ā āus,ā or āourā). iHeart provides quality entertainment brands such as broadcast and Internet radio stations. These Terms of Use (āTermsā) cover all iHeart Sites that link to these Terms.
To the extent the functionality or service described in these Terms does not appear on the iHeart Site with which you are interacting, the terms and conditions related to such functionality or service does not apply to your use of the iHeart Site.
PLEASE READ THESE TERMS CAREFULLY BEFORE CONTINUING TO ACCESS, BROWSE, OR USE THIS SITE. THESE TERMS AFFECT YOUR LEGAL RIGHTS, INCLUDING BY LIMITING IHEARTāS LIABILITY, WAIVING THE RIGHT TO A JURY TRIAL, AND REQUIRING THE RESOLUTION OF DISPUTES ON AN INDIVIDUAL, NON-CLASS BASIS. SEE SECTION 10 AND SECTION 24.
The Sites are intended only for individuals or businesses in the United States. Although the Sites may be accessed from around the world, they have been designed to comply with the laws of the United States. If any material on the Sites, or your use of the Sites, is contrary to the laws of the country where you are when you access it/them, the Site is not intended for you, and you should not access or use them. See Section 15.
Your use of the Sites is personal to you and subject to your compliance with these Terms. Please read these Terms carefully before usingāÆthe Sites. Your use of the Sites constitutesāÆyour acceptance to be bound by these Terms without limitation, qualification or change. If at any time you do not accept all the termsāÆand conditions of these Terms, you must not useāÆthe Sites. These Terms set forth iHeartāsāÆpolicies solely with respect to its operation of the iHeart Sites. Other terms and policies may govern iHeartās non-Internet operations.
If you are entering into these Terms on behalf of a company, business, or other legal entity, by using the Sites you represent that you: (a) are of the age of majority in your jurisdiction, and (b) have the authority to bind such entity to these Terms. In this case āyouā means the company, business, or other legal entity on whose behalf you are proceeding.
If you are entering into these Terms for your personal, non-business use of the Site, you represent 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 or if you are not, that you are 13 years or older and have obtained parental or guardian consent to enter into these Terms; and (c) you own or have sufficient authorization to use the computer, mobile device, technology or other device you use to access this iHeart Site (collectively, āDeviceā).
Some parts of this iHeart 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.
Certain products orāÆservices offered by the Sites (each an āiHeart Internet Service,ā and collectively āiHeart Internet Servicesā)āÆmay be governed by additional terms (āAdditional Termsā) presented to you ināÆconjunction with those products or services. You agree to theseāÆAdditional Terms when using those areas or iHeart InternetāÆServices. The Additional Terms and these Terms taken together, shallāÆapply to your use of the iHeart Internet Services. InāÆthe event of an inconsistency between the AdditionalāÆTerms and these Terms, the Additional Terms shall control.
YOU MAY NOT USE ANYāÆIHEART SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS, AND/OR ANY ADDITIONAL TERMS. YOUR ACCESS TO ANYāÆIHEART SITE MAY BE TERMINATED IMMEDIATELY IN IHEARTāS SOLEāÆDISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANYāÆPROVISIONS OF THESE TERMS AND/OR ANY APPLICABLE ADDITIONAL TERMS,āÆOR FOR ANY OTHER REASON IN OUR SOLE DISCRETION, OR FOR NO REASON AT ALL.
1. CHANGES TO THESE TERMS
iHeart reserves theāÆright, in its sole discretion, to modify, alter, or otherwise changeāÆthese Terms and/or the Additional Terms at any time. iHeart will notify you of any changes to these Terms and/or the Additional Terms by updating the āEffective Dateā at the top of the page where such terms are posted. Please reviewāÆthese Terms and/or Additional Terms periodically for changes. YourāÆcontinued use of this iHeart Site constitutes your acceptance and agreement to be bound by theseāÆchanges without limitation, qualification or change. If at any time youāÆdo not accept these changes, you must immediately discontinue use ofāÆthis iHeart Site and/or the iHeart Internet Service to which the changes may apply.
2. MOBILE DEVICES
You are responsible for obtaining and maintaining at your own expense all equipment, hardware, software, and telephone, cable, mobile, wireless, Internet and other services necessary to access, visit and/or use the iHeart Internet Service. If you are accessing the iHeart Internet Service via a mobile device, your mobile carrier may charge you fees for data, text messaging, and other mobile access or communications services.
āÆ3. PRIVACY AND PROTECTION OF PERSONAL INFORMATION
There are locations on the Site where you may be asked to provide your personal information. iHeart has a Privacy Notice that describes its practices with respect to the collection, use, disclosure and protection of personal information. You can find the Privacy Notice, which is incorporated into these Terms, here:āÆhttps://www.iheartradio.com/legal/privacy. By using this iHeart Site you acknowledge the disclosures set forth in the Privacy Notice.
āÆ4. ACCOUNTS, SECURITY, PASSWORDS
If thisāÆiHeart Site or iHeart Internet Service requires you to open anāÆaccount, you must complete the specified registration process byāÆproviding us with current, complete, and accurate information asāÆrequested by the applicable registration form. It is yourāÆresponsibility to maintain current, complete, and accurate registration data. After you have fully completed the registration, you may be asked to choose a password and a username. It isāÆentirely your responsibility to maintain the confidentiality of yourāÆpassword and account. Additionally, you are entirely responsible for anyāÆand all activities that occur under your account. You may cancel your account by contacting customer service or by following the instructions in any applicable Additional Terms.
You are responsible for any username and password that isāÆassociated with your account. It is your responsibility to maintain the confidentialityāÆof your password, if one is established. You are entirely responsibleāÆfor any and all activities that occur under your account, and agree toāÆnotify us immediately of any unauthorized use of your account.
āÆ5. USER CODE OF CONDUCT
In accessing and using this iHeart Site and/or the iHeart Internet Services, you agree that you will not:
- DeliverāÆany unsolicited advertisement, promotional materials, junk email, bulkāÆemail (also known as āspamā), chain letters, surveys or contests, or solicit participation in any pyramid schemes.
- Deliver any unlawfulāÆ(according to applicable law or regulation)āÆpostings to or through this iHeart Site, or any postings whichāÆadvocate illegal activity.
- Deliver, or provide linksāÆto, any postings containing material that could be considered harmful,āÆobscene, pornographic, indecent, lewd, violent, abusive, profane,āÆinsulting, threatening, harassing, hateful or otherwise objectionable.
- Deliver, or provide linksāÆto, any postings containing material that harasses, victimizes,āÆdegrades, or intimidates an individual or group of individuals on theāÆbasis of religion, race, ethnicity, sexual orientation, gender, age, orāÆdisability.
- Deliver, or provide links to, any postings containing defamatory, false or libelous material.
- Deliver any posting thatāÆinfringes or violates any intellectual property or other right of anyāÆentity or person, including, without limitation, copyrights, patents,āÆtrademarks, laws governing trade secrets, rights to privacy, orāÆpublicity.
- Deliver any posting to that you do not have a right to make available under law or contractual or fiduciary relationships. Impersonate anotherāÆperson or entity or falsely state or otherwise misrepresent yourāÆaffiliation with a person or entity, or adopt a false identity if theāÆpurpose 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 postingāÆcontaining personal information, such as phone numbers, social securityāÆnumbers, account numbers, addresses or employer references.
- Use this iHeartāÆservice in any manner which could damage, disable, overburden, or impairāÆor otherwise interfere with the use of this iHeart Site or otherāÆusersā Devices, or cause damage, disruption or limit the functioning ofāÆany software, hardware, or telecommunications equipment.
- Attempt to gaināÆunauthorized access to this iHeart Site, any related website, other accounts, computer system, or networks connected to this iHeartāÆSite, through hacking, password mining, or any other means.
- Obtain or attempt toāÆobtain any materials or information through any means not intentionallyāÆmade available through this iHeart Site, including harvesting orāÆotherwise collecting information about others such as email addresses.
āÆ6. FEES
Except where otherwise provided, access to and use of thisāÆiHeart Site and the iHeart Internet Services are currently available without charge. iHeart reserves theāÆright to charge a fee for access to or use of this iHeart Site, orāÆany iHeart Internet Service atāÆany time in the future. Your access to or use of this iHeart SiteāÆwhile it is available at no charge does not entitle you to use of this iHeart SiteāÆwithout charge in the future.
7. PREMIUM SERVICES
Some iHeart subscription services, mayāÆbe offered to you conditioned on your payment of a fee (each, anāÆāiHeart Premium Serviceā). By using the iHeart PremiumāÆService, you agree that in addition to these Terms, you will be subject to any charges and rules set forth in the Additional Terms for that service. The Additional Terms may include automatic renewals and periodic recurring charges (e.g., monthly, quarterly, or annually), and details about our third-party payment processor and any terms and conditions that it may have in order for you to use its services. Your payment method will be charged until you cancel the iHeart Premium Service.
Terms and Conditions for iHeartRadio subscriptions are available here.
8. DISCLAIMER OF WARRANTIES
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROMāÆOR THROUGH THIS SITE AND/OR IHEART INTERNET SERVICEāÆIS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS,āÆSERVICES, INFORMATION, TEXT AND RELATED GRAPHICS ARE PROVIDED TO YOU ON AN āAS IS/AS AVAILABLEā BASIS.āÆIHEART EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHERāÆEXPRESS 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.
IHEART DOES NOTāÆWARRANT OR MAKE ANY REPRESENTATIONS THAT THIS IHEART SITE (OR ANY SERVICES AVAILABLE ON THE SITE) WILLāÆOPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, ORāÆTHAT THIS IHEART SITE WILL BE FREE OF VIRUSESāÆOR OTHER HARMFUL COMPONENTS. IHEART DOES NOT WARRANT OR MAKEāÆANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY,āÆRELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KINDāÆCONTAINED WITHIN THIS IHEART SITE FOR ANY PURPOSE.
IHEART IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, OR ANY COMPUTER VIRUS ORāÆOTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
9. EXCEPTIONS
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. āÆIN SUCH JURISDICTIONS, IHEARTāS LIABILITY WILL BE LIMITED TO THEāÆFULLEST EXTENT PERMITTED BY APPLICABLE LAW.
10. LIMITATIONS ON LIABILITY
IN NO EVENT SHALL IHEART, ITS SUBSIDIARIES, AFFILIATES,āÆDISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED INāÆCREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THISāÆIHEART SITE AND ITS CONTENTS, BE LIABLE TO ANY PERSON OR ENTITYāÆWHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, COMPENSATORY,āÆCONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDINGāÆBUT NOT LIMITED TO: (1) LOSS OF GOODWILL, PROFITS, BUSINESSāÆINTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (2) YOUR INABILITY TOāÆUSE THEāÆIHEART SITE; (3) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOURāÆPERSONAL INFORMATION OR TRANSMISSIONS; (4) THE PROVISION OR FAILURE TOāÆPROVIDE ANY SERVICE; (5) ERRORS OR INACCURACIES CONTAINED ON THISāÆIHEART SITE; (6) ANYāÆTRANSACTIONS ENTERED INTO THROUGH THIS IHEART SITE; (7) ANYāÆPROPERTY DAMAGE INCLUDING DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEMāÆCAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OFāÆACCESS TO OR USE OF THIS IHEART SITE OR ANY SITE TO WHICH ITāÆPROVIDES HYPERLINKS; OR (8) DAMAGES OTHERWISE ARISING OUT OF THE USEāÆOF THIS IHEART SITE AND IHEART INTERNET SERVICES. THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION,āÆWHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY ORāÆOTHERWISE, EVEN IF IHEART HAS BEEN ADVISED OF THE POSSIBILITY OFāÆDAMAGES.
11. INDEMNIFICATION
You agree to indemnify and hold harmless iHeart, itsāÆsubsidiaries, agents, distributors and affiliates, and their officers,āÆdirectors and employees from and against any and all claims, actions,āÆdemands, liabilities, costs and expenses, including, without limitation,āÆreasonable attorneysā fees, resulting from your breach of any provision of these Terms, the Additional Terms, if any, or otherwise arising in any way out of your use of this iHeart Site or any iHeart Internet Service, or iHeartāÆSoftware (as defined in Section 14). You agree to cooperate fully with iHeart in asserting anyāÆavailable defenses in connection with a claim subject to indemnification by you under these Terms.
12. MODIFICATION/TERMINATION BY IHEART
iHeart reserves the right, in its sole discretion, to modify,āÆsuspend, or terminate this iHeart Site and/or any portion thereof,āÆincluding any iHeart Internet Service, and/or your account,āÆpassword, or use of any iHeart Internet Service, or any portionāÆthereof, at any time for any reason with or without notice to you.
Termination of your account for an iHeart Internet ServiceāÆremoves your authorization to use the iHeart Internet Service. InāÆthe event of termination, you will still be bound by your obligationsāÆunder these Terms and any Additional Terms, including the warrantiesāÆmade by you, and by the disclaimers and limitations of liability for your use prior to termination. Additionally, iHeart shall not be liable to you or any third partyāÆfor any termination of your access to an iHeart Internet Service.
13. LINKS
This iHeart Site may contain links to websites, applications orāÆother services operated by third parties (the āLinked Sitesā).āÆiHeart does not monitor or control the Linked Sites and makes noāÆrepresentations regarding the Linked Sites. iHeart is not liable or responsible for theāÆaccuracy, completeness, timeliness, reliability or availability of, anyāÆof the content uploaded, displayed, or distributed, or products, orāÆservices available at the Linked Sites. If you choose to access any Linked Site, you do so at your ownāÆrisk. Your use of the Linked Site is subject to its terms of use andāÆprivacy policy, which you should review. The presence of a link to a third-party site does not constitute or imply iHeartās endorsement,āÆsponsorship, or recommendation of the third party or of the content,āÆproducts, or services contained on, or available through, the site. You use Linked Sites at your own risk.
14. SOFTWARE AND DOWNLOADS AVAILABLE THROUGH THE SITE
Any software that is made available to access, use, view and/orāÆdownload in connection with an iHeart Site or iHeart InternetāÆService, including applications, podcasts, audio streaming,āÆor video streaming (āiHeart Softwareā), is owned by iHeart and/orāÆits licensors, affiliates and suppliers and is protected by copyright lawsāÆand international treaty provisions. Your use of the iHeart Software is subject to a limited, revocable, license to use the iHeart Software for your private, non-commercial use. iHeart accepts no responsibility or liability ināÆconnection with any iHeart Software owned or controlled by third parties.
Mobile Apps
Your download of any iHeart mobile application from the Apple App Store or Google Play Store is governed by these terms below:
Our mobile applications (āAppsā) are designed to work on compatible iOS and Android mobile devices and are generally available through third-party mobile stores (i.e., Appleās App Store or the Google Play Store (each an āApp Storeā)). If you are accessing the Site through an App, you agree that you will read each App Storeās terms and conditions that apply to your use of the App. You agree that your mobile service carrier or Internet service provider is responsible for its products and services. Accordingly, you agree to resolve any problems with your mobile device directly with your carrier or provider without involving us.
Terms Specific to Apple Mobile Devices.
If you are accessing or using the Apps on any Apple mobile device, the following additional terms and conditions are applicable to you and are incorporated into these Terms by this reference:
To the extent that you are accessing the Apps through an Apple mobile device, you acknowledge that these Terms are entered into between you and iHeart, and that Apple, Inc. (āAppleā) is not a party to these Terms other than as a third-party beneficiary as contemplated below.
iHeart in its sole discretion will determine when the Apps will be available on any Apple mobile device, and reference to any device in these Terms shall not guarantee that iHeart will launch the Apps on any or all of the Apple mobile devices.
When accessing and/or using the Site via the Apps, the rights granted to you in this Section 14 are also subject to the permitted āUsage Rulesā set forth in the App Store Terms of Service located at http://www.apple.com/legal/itunes/us/terms.html and any third party terms of agreement applicable to the Apps. You are also subject to the Apple App Store Terms of Services, which you also acknowledge that you have had the opportunity to review.
You acknowledge that iHeart, and not Apple, is responsible for providing the Apps and content thereof.
As between iHeart and Apple, iHeart is solely responsible for providing any maintenance and support services with respect to the Apps that iHeart may offer (which, if provided, is provided at iHeartās sole discretion). You acknowledge that Apple has no obligation whatsoever to furnish maintenance or support services with respect to the Apps.
You and iHeart acknowledge that iHeart, not Apple, is responsible for addressing any of your claims or any third-party claims relating to the Apps or your possession and/or use of the Apps, including, but not limited to, (1) product liability claims; (2) any claim that the Apps fail to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
Further, you agree that if the Apps or your possession and use of the Apps infringes a third partyās intellectual property rights, iHeart, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim, but only to the extent it relates to your use of the Apps.
With respect to this Section 14 only, you acknowledge and agree that Apple, and Appleās subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
When using the Apps, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology, or service that interacts with the Apps. You may not use the Apps on a device that has firmware or software configuration that has not been authorized by Apple.
TO THE EXTENT ANY WARRANTY REGARDING THE APPS ARISES BY LAW OR HAS NOT BEEN DISCLAIMED UNDER THESE TERMS, IHEART, AND NOT APPLE, IS SOLELY RESPONSIBLE FOR SUCH WARRANTY. IF YOU ARE A CUSTOMER OF THE SITE AND IF THE APPS FAIL TO CONFORM TO SUCH WARRANTY, YOU MAY NOTIFY APPLE, AND APPLE WILL REFUND THE PURCHASE PRICE (IF ANY) PAID FOR THE LICENSE TO THE APPS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APPS, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO THE WARRANTY IS IHEARTāS SOLE RESPONSIBILITY.
Terms Specific to Android Mobile Devices.
If the Apps are provided to you through Google, Inc.ās (Google, Inc. together with all of its affiliates, āGoogleā) Google Play Store, the following terms and conditions are applicable to you and are incorporated into these Terms by reference.
You acknowledge that Google is not responsible for providing support services for the Apps.
If any of the terms and conditions in this Agreement are inconsistent with the Google Play Development Distribution Agreement (the current version as of the date of these Terms is located at: https://play.google.com/about/developer-distribution-agreement.html). The terms and conditions of Googleās Google Play Developer Distribution Agreement will apply to the extent of such inconsistency or conflict.
15. NO INTERNATIONAL USE
THE SITES ARE INTENDED ONLY FOR INDIVIDUALS RESIDING IN THE UNITED STATES AND BUSINESSES LOCATED IN THE UNITED STATES. ALTHOUGH THE SITES MAY BE ACCESSED FROM AROUND THE WORLD, THEY HAVE BEEN DESIGNED TO COMPLY WITH THE LAWS OF THE UNITED STATES. IF ANY MATERIAL ON THE SITE, OR YOUR USE OF THE SITE, IS CONTRARY TO THE LAWS OF THE COUNTRY WHERE YOU ARE WHEN YOU ACCESS IT, THE SITE IS NOT INTENDED FOR YOU, AND YOU SHOULD NOT ACCESS OR USE IT. YOU ARE RESPONSIBLE FOR INFORMING YOURSELF OF THE LAWS OF YOUR JURISDICTION AND COMPLYING WITH THEM.āÆ
16. PURCHASES FROM THIRD-PARTY MERCHANTS
This iHeart Site may enable you to order and receive products,āÆinformation and services from businesses that are not owned or operatedāÆby iHeart (āThird Party Goodsā). The purchase, payment, warranty, guarantee, delivery,āÆmaintenance, and all other matters concerning Third Party Goods are solely between you and such businesses. iHeart doesāÆnot endorse, warrant, or guarantee Third Party Goods and is not liable for the quality, availability, accuracy, completeness, orāÆusefulness of Third Party Goods. iHeart will not be a party to or in any wayāÆbe responsible for monitoring any transaction between you and any third-partyāÆfor Third Party Goods.
17. ADVERTISEMENTS, SPONSORSHIPS, CO-PROMOTIONS AND OTHER PARTNERSHIPS
iHeart may display advertisements for Third Party Goods on the iHeart Sites, including in connection withāÆco-promotions, sponsorships and other similar partnership arrangements.āÆiHeart bears no responsibility for any Third Party Good advertised on the Sites.
18. EVENTS
YourāÆparticipation in any iHeart-sponsored or promoted events (āEventsā) is at your own risk and you agree to releaseāÆand hold iHeart, its subsidiaries, agents, distributors andāÆaffiliates, and their officers, directors and employees harmless fromāÆand against any and all claims, actions, demands, liabilities, costs andāÆexpenses, including, without limitation, any injury or death to you orāÆyour minor children, resulting from attending the Events orāÆparticipation in any activities available at the Events. You also agreeāÆthat we may film and record any of the Events sponsored by iHeartāÆin which you or your minor children participate and you herebyāÆagree that such films and recordings shall be owned by iHeart andāÆwe may use your or your minor childrenās name, likeness, voice,āÆperformance and other activities in which you or your minor children engage for any advertising, promotional or other lawful purpose ināÆany and all media now or hereafter known throughout the world ināÆperpetuity without notice, approval or compensation to you or any thirdāÆparty.
19. USER MATERIALS; UNSOLICTED SUBMISSIONS OF WORKS AND ENGAGEMENT WITH THE SITE
User Materials
iHeart does not control and is not responsible for any notes,āÆmessages, billboard postings, ideas, suggestions, concepts or otherāÆmaterial, or files delivered to iHeart by youāÆthrough the Site or iHeart Internet Service (collectively, āUser Materialsā). iHeart is not obligated to andāÆdoes not regularly review, prescreen, monitor, delete, or edit UserāÆMaterials. However, iHeart reserves the right to do so at any timeāÆin its sole discretion, for any reason or no reason, and to refuse,āÆdelete, move or edit any User Materials, in whole or in part, with orāÆwithout notice.
You are solely responsible and liable for all User MaterialsāÆyou deliver to iHeart. Any violation of these Terms canāÆsubject your iHeart account to immediate termination, and possibleāÆfurther legal action. You represent and warrant that you own orāÆotherwise control any and all rights in and to the User Materials andāÆthat public posting and use of the User Materials by iHeart willāÆnot infringe or violate the rights of any third party in any manner.
You grant to iHeart an unrestricted, irrevocable, royalty-free license to display, use, modify, perform, reproduce, transmit, and distribute any User Materials for any and all commercial and noncommercial purposes. Further to the foregoing, if any ownership in User Materials remains with you, you hereby grant iHeart a worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to (and to allow others to) use, copy, reproduce, process, adapt, modify, publish, transmit, display, distribute, create derivative works from, and perform your User Materials. You acknowledge and agree that iHeart may preserve or delete User Materials at any time and for any purpose. You also acknowledge and agree that you are not guaranteed access to User Materials at any time. Furthermore, iHeart may disclose User Materials if iHeart determines that: (i) disclosure is necessary to enforce these Terms, respond to claims that any User Materials violates the rights of third parties, or protect the rights, property, or personal safety of iHeart, its users, and the public; or (ii) appropriate legal process requires disclosure. Without limiting the generality of the foregoing, you authorize iHeart to include User Materials in a searchable format that may be accessed by users of the Site. iHeart shall have no liability for User Materials that are public and visible on the Site, or search engines, including after deletion of such User Materials by you or iHeart.
Unsolicited Submissions; Feedback
We do not accept or consider unsolicited creative materials, ideas or suggestions either via this iHeart Site, email or other means. However, if you do still transmit to us, via this iHeart 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. You agree that iHeart, 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 āForward to a Friendā Opportunities
The Sites may offer referral programs that permit you toāÆsubmit information about other persons (each, a āReferred Personā),āÆincluding, without limitation, U.S.-based email addresses, mobileāÆtelephone numbers, names, street addresses and other contact informationāÆso they may receive information and/or promotional offers concerning iHeart. You agree that you have obtained the consent ofāÆthe Referred Person prior to providing us with their contactāÆinformation. There is no mechanism for you to withdraw or delete a ReferredāÆPerson once the information has been submitted. A Referred Person must be aāÆpermanent, legal resident of the continental United States, at least 18āÆyears old (or 19 years old if a resident of Alabama or Nebraska, or 21āÆyears old if a resident of Mississippi). The contact information for a Referred Person must be valid and functioning in order for us to contact them about iHeart. We will not be responsible for validatingāÆthe contact information you provide. We may elect not to communicateāÆwith any Referred Person if: (a) they appear on any of our ādo not contactā or ādo not e-mailā lists. In addition,āÆwe reserve the right to reject the participation of any Referred PersonāÆif (a) the contact information provided by you is incorrect or notāÆvalid, or (b) for any other reason, or no reason at all, in our sole discretion. We specifically disclaim any liability for exercisingāÆsuch right.
We may, at our discretion, and your expense, send you a confirmation using any meansāÆavailable through the iHeart Internet Service or Site, including email,āÆtext and other forms of messaging, to inform you and provide whatever benefit, if any, that was offered to you when you provided information on the Referred Person. If you misuse any referral program or otherwise engageāÆin improper behavior with respect to a referral program, as we determineāÆin our sole discretion, we reserve the right to discontinue making theāÆiHeart Site available to you. We may from time to time offer incentives or rewards in connection with a referral program, and anyāÆsuch incentive or reward programs shall be subject to Additional TermsāÆwhich will be posted at the time such programs become available and willāÆbe deemed incorporated into, and subject to, these Terms. We reserveāÆthe right, in our sole discretion, to suspend, temporarily orāÆpermanently, or cease to provide any and all referral programs withoutāÆnotice, reason or liability.
Voting/Rating Features
For any voting/rating features that are available on this iHeartāÆSite, you must follow instructions on this iHeart Site to submitāÆyour votes/ratings, including any restrictions set forth with respect toāÆlimitations on voting/rating. Votes/ratings received from you in excessāÆof any stated limitation will be disqualified. We do not offer payment or other consideration in exchange for votes/ratings. We may void any votes/ratingsāÆgenerated by script, macro or other automated means or any other meansāÆintended to impact the integrity of the voting/rating process in our discretion. iHeart assumes no responsibility for incorrect/inaccurate voting/rating information or for any error,āÆomission, interruption, deletion, defect, delay in operation orāÆtransmission, communications line failure, theft or destruction orāÆunauthorized access to, or alteration of any votes/ratings. We may, at ourāÆdiscretion, modify, terminate, or suspend the voting/rating or void anyāÆvote/rating should a virus, bug, non-authorized human intervention,āÆaction of voter/rater, or other cause corrupt or impair theāÆadministration, security, or fairness of the voting/rating. We reserve the right, in our sole discretion, to disqualify (and void all votes/ratings) any individual we findāÆto be violating these Terms, tampering with the voting/rating process,āÆor acting in an unsportsmanlike or improper manner. Our decisions with respect to all aspects ofāÆany voting/rating element are final and binding. YouāÆmay also be given the opportunity to participate in voting/rating features in a third-party application or feature (such as one of ourāÆsocial media partners like Facebook or Twitter), in which case yourāÆparticipation in such features will be subject to the terms andāÆconditions governing that third party application or feature.
20. ADDITIONAL SERVICES
This iHeart Site may offer certaināÆservices such as newsletters and Real Simple Syndication ("RSS") feeds. By registering for any suchāÆservice, you will be subject to any chargesāÆand rules set forth in the description of that service which may or mayāÆnot be reflected in Additional Terms.
21. CONTESTS/SWEEPSTAKES
Any sweepstakes, contests, games and/or promotional offers accessibleāÆon a Site (āPromotionā) are governed by specific rules and/or termsāÆand conditions made available at the time of entry. By entering a Promotion,āÆyou will be subject to those rules and/or terms and conditions (āPromotion Rulesā). ToāÆthe extent of any conflict between the Promotion Rules and these Terms, the Promotion Rules will govern, but only to theāÆextent of the conflict. Any Promotions made available on, or advertised on third party sitesāÆaccessible from this iHeart Site (such as Facebook and X), in addition to being subject to theāÆPromotion Rules, you will also beāÆsubject to any rules and/or terms and conditions on those third party sites.
22. ARTIFICIAL INTELLIGENCE
You also agree not to use, nor to authorize the use of, any Intellectual Property (as defined in the next Section) or contact details, personal identifiers, metadata processes, source codes, algorithms or other data on the iHeart Site, iHeart Internet Services (the āiHeart Dataā and together with the Intellectual Property, the āiHeart IP & Dataā): (i) to create, train (whether directly or indirectly) and/or improve any generative or other artificial intelligence and/or machine learning models, applications, systems or technologies and any datasets therefor, whether now existing or hereafter created, in any manner, means or media and/or for any purpose whatsoever (e.g., machine learning, generative technology, data mining, cognitive computing, natural language processing, natural learning processes, computer vision, etc.) (āAI Technologyā); (ii)⯠to create, generate, edit, reproduce, translate, copy, publicly perform, distribute, transmit, adapt, modify, create any simulations and/or derivative works of, and/or manipulate, any iHeart IP & Data nor (iii) to design, enable and/or otherwise be utilized for any AI Technology mimicking, replicating and/or simulating human appearance, thought processes, speech, emotions or actions; (iv) to extract, scrape, harvest or collect any iHeart IP & Data for use in connection with AI Technology; nor (v) to discover, reverse engineer, decompile, disassemble, or attempt to derive iHeart IP & Data source code or algorithms; (vi) to process, collect, arrange or otherwise use iHeart IP & Data into or in connection with datasets that are or may be used to train or otherwise in connection with AI Technology.
Generative AI Services
We may provide additional generative AI services (āGAISā) on the Site or as part of the iHeart Internet Services. (i) Our GAIS is experimental, unsupervised technology and may sometimes provide inaccurate or offensive content that does not represent iHeartās views; (ii) information you provide to our GAIS may be used to continuously train the GAIS; (iii) submission of confidential or proprietary information could be compromised if submitted to the GAIS; (iv) our GAIS may at times reproduce copyrighted material used as training data in response to an inquiry, and care should be taken in copying and further distributing content created by any GAIS; (v) if you use the GAIS, you assume all responsibilities and obligations with respect to the results, any decisions or advice made or given, and any materials retrieved therefrom, including those to any third party, for the content, accuracy, and review of such results, and you should use discretion before relying on, publishing, or otherwise using content provided by the GAIS; and (vi) you will not rely on the GAIS for medical, legal, financial, or other professional advice, and any content regarding those topics is unintentional, provided for informational purposes only, and is not a substitute for advice from a qualified professional.
23. INTELLECTUAL PROPERTY
Use of Intellectual Property
The iHeart Site, and all of its contents, including but notāÆlimited to articles, other text, photographs, images, illustrations,āÆgraphics, video material, audio material, including musical compositionsāÆand sound recordings, software, iHeart logos, titles, characters,āÆnames, graphics and button icons (collectively āIntellectual Propertyā),āÆare protected by copyright, trademark and other laws of the UnitedāÆStates, as well as international conventions and the laws of otherāÆcountries. The Intellectual Property is owned or controlled byāÆiHeart or by other parties that have provided rights thereto toāÆiHeart.
You may not, and agree that you will not, reproduce, download,āÆlicense, publish, enter into a database, display, modify, createāÆderivative works from, transmit, post, distribute or perform publicly byāÆany means, method, or process now known or later developed, decompile,āÆreverse engineer, disassemble, use on another computer-relatedāÆenvironment, transfer or sell any Intellectual Property, ināÆwhole or in part, without the express written permission of iHeart.
Additionally, websites may notāÆlink, whether by hyperlink or otherwise, to any page beyond the homepageāÆof this iHeart Site, or frame this iHeart Site, or any webāÆpage or material herein, nor may any entity include a link to any aspectāÆof this iHeart Site in an email for commercial purposes, withoutāÆthe express written permission of iHeart. Further, unless otherwiseāÆexpressly permitted, you agree not to link to iHeartāsāÆIntellectual Property so as to cause you or anyone else to accessāÆiHeartās Intellectual Property other than through this iHeartāÆSite.
You may inquire about obtaining permission by writing:
IP Permission
Legal Department
iHeartMedia, Inc.
20880 Stone Oak Pkwy
San Antonio, TX 78258
By Facsimile: (210) 832-3149
By Email:āÆIPPermission@iheartmedia.com
Copyright Infringement
iHeart respects the intellectual property rights of thirdāÆparties, and complies with the terms of the Digital Millennium CopyrightāÆAct (DMCA) regarding such rights. By submitting any material orāÆphotographs through this iHeart Site, you are granting permissionāÆto have this material posted on this iHeart Site, and are representing that you are the rightful owner of the submitted material,āÆand that no one else may claim rights to this material. iHeartāÆreserves the right to remove access to infringing material. Such actionsāÆdo not affect or modify any other rights iHeart may have under lawāÆor contract. You can find our procedures for providing notice ofāÆalleged copyright infringement below.
Procedure for Making Claim of Copyright Infringement
If you believe that your work has been copied in a way thatāÆconstitutes copyright infringement, you should send written notificationāÆthereof, in accordance with the provisions of the Digital MillenniumāÆCopyright Act (āDMCAā), to our Designated Agent, who can be reached as follows:
By mail:
DMCA Designated Agent
c/o Legal Department
iHeartMedia, Inc.
20880 Stone Oak Pkwy
San Antonio, TX 78258
By Facsimile: (210) 832-3149
By Email:āÆdmca@iheartmedia.com
āÆPursuant to 17 U.S.C. § 512(c), to be effective, the notification must include the following:
(1) A physical or electronic signature of a person authorized to actāÆon behalf of the owner of an exclusive right that is allegedlyāÆinfringed.
(2) Identification of the copyrighted work claimed to have beenāÆinfringed, or, if multiple copyrighted works at a single online site areāÆcovered by a single notification, a representative list of such worksāÆat that site.
(3) Identification of the material that is claimed to be infringingāÆor to be the subject of infringing activity and that is to be removedāÆor access to which is to be disabled, and information reasonablyāÆsufficient to permit iHeart to locate the material.
(4) Information reasonably sufficient to permit iHeart toāÆcontact the complaining party, such as an address, telephone number,āÆand, if available, an email address.
(5) A statement that the complaining party has a good faith beliefāÆthat use of the material in the manner complained of is not authorizedāÆby the copyright owner, its agent, or the law.
(6) A statement that the information in the notification isāÆaccurate, and under penalty of perjury, that the complaining party isāÆauthorized to act on behalf of the owner of an exclusive right that isāÆallegedly infringed.
This process only relates to reporting a claim of copyrightāÆinfringement. Messages related to other matters will not receive aāÆresponse through this process.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA set forth above, your notification may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneysā fees) under Section 512(f) of the DMCA.
It is our policy to disable and/or terminate, in appropriate circumstances, any userās access to the Services and/or Account in the event of repeated infringing activity, and iHeart reserves such rights.
Counter-Notification Procedures
. If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a āCounter-Noticeā) by submitting written notification to the e-mail address listed in āContact Informationā below. Pursuant to the DMCA, the Counter-Notice must include substantially the following:
- Your physical or electronic signature.
- An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
- Adequate and current information by which we can contact you (including your name, postal address, telephone number, and, if available, e-mail address).
- A statement by you, under penalty of perjury, that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States, for any judicial district in which the Services may be found) and that you will accept service from the person (or an agent of that person) who provided the Services with the complaint at issue.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten (10) to fourteen (14) days of receiving the copy of your Counter-Notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneysā fees) under Section 512(f) of the DMCA.
DMCA Contact Information. If you believe your copyright material is being used on the Services without permission, send DMCA Notice and Counter-Notices to our designated agent for notice of alleged copyright infringement at:
Email: dmca@iheartmedia.com
By Mail:
DMCA Designated Agent
c/o Legal Department
iHeartMedia, Inc.
20880 Stone Oak Pkwy
San Antonio, TX 78258
Facsimile: (210) 832-3149
24. DISPUTE RESOLUTION; CLASS ACTION WAIVER; JURY TRIAL WAIVER
APPLICABILITY. YOU UNDERSTAND AND AGREE THAT THESE DISPUTE RESOLUTION TERMS APPLY TO ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND IHEART (AND ANY OTHER RELEASED PARTY), AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, AFFILIATES, SUBSIDIARIES AND/OR RELATED COMPANIES ARISING OUT OF OR RELATING TO YOUR USE OF OR ACCESS TO THE SITE, APP, IHEART PREMIUM SERVICES, AND IHEART INTERNET SERVICES.
DISPUTE NOTICE AND INFORMAL DISPUTE RESOLUTION. If a dispute should arise between you and iHeart we want to provide you with a resolution that is efficient and cost effective. Before initiating an action, you and iHeart each agree to first provide the other a written notice (āNotice of Disputeā), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute can be (1) mailed to iHeartMedia, Inc. 20880 Stone Pkwy, San Antonio, TX 78248, Attention: Legal, or (2) emailed to help@iheartradio.com. You and iHeart agree to make attempts to resolve the dispute prior to commencing any legal action, including the filing of a lawsuit, until a 45-day post-notice resolution period expires. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or iHeart may commence a lawsuit.
NO CLASS ACTIONS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT ANY AND ALL DISPUTES (WHETHER BASED IN CONTRACT, STATUTE, TORT OR ANY OTHER THEORY) WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION. ALL CLAIMS MUST BE BROUGHT SOLELY IN A PARTYāS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, REPRESENTATIVE ACTION OR PROCEEDING.
ANY ACTION MUST BE COMMENCED WITHIN ONE (1) YEAR OF THE DATE THAT THE CAUSE OF ACTION OR CLAIM ARISES.
WAIVER OF JURY TRIAL. EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL RIGHTS THEY MAY HAVE (INCLUDING BUT NOT LIMITED TO, THEIR CONSTITUTIONAL OR STATUTORY RIGHT) TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING FOR ANY DISPUTE, INCLUDING BUT NOT LIMITED TO DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS OR THE RELATIONSHIP OF THE PARTIES.
Governing Law, Forum Selection, and Venue. You hereby agree that these Terms (and any claim or dispute arising in connection with these Terms) are governed by and shall be construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law principles. You consent to the exclusive jurisdiction of the federal and state courts located in New York City, New York, United States, and waive any jurisdictional, venue, or inconvenient forum objections thereto.
āÆ25. GENERAL
The iHeart Data, and any other data we collect and store on this Site or through the iHeart Internet Services or iHeart Software are assets of iHeart and are either owned by iHeart or are personal information you provide to iHeart under the terms of the Privacy Notice while using the Site (āData Assetsā). In the event iHeart engages in a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of our assets, the Data Assets (including personal information) will be among the assets transferred.
If any provision of these Terms, or the application thereof to any person or circumstances, is held invalid or unenforceable for any reason including, but not limited to, the class action waiver, warranty disclaimers and liability limitations, then such provision shall be deemed stricken or superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of these Terms shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Unless expressly provided otherwise, these Terms are the entire agreement between you and iHeart with respect to the use of the iHeart Sites and shall not be modified except in writing, signed by an authorized representative of iHeart. If you have any questions concerning these Terms, you may send them by email to help@iheartradio.com. You must send any official correspondence via postal mail to:
Legal Department
ATTN: iHeart Sites Terms of Use
iHeartMedia, Inc.
20880 Stone Oak Pkwy
San Antonio, TX 78258