UPDATED AS OF: January 26, 2026
Quick Guide to Contents
- CHANGES TO THESE TERMS
- MOBILE DEVICES
- PRIVACY AND PROTECTION OF PERSONAL INFORMATION
- ACCOUNTS, SECURITY, PASSWORDS
- USER CODE OF CONDUCT
- FEES
- DISCLAIMER OF WARRANTIES
- NON-EXCLUDABLE EXCEPTIONS
- LIMITATIONS ON LIABILITY
- MODIFICATION/TERMINATION OF IHEARTMEDIA SITES OR IHEART INTERNET SERVICES
- LINKS
- SOFTWARE AND DOWNLOADS AVAILABLE THROUGH THIS SITE
- NO INTERNATIONAL USE
- OFFERINGS FROM THIRD-PARTY MERCHANTS
- ADVERTISEMENTS, SPONSORSHIPS, CO-PROMOTIONS AND OTHER PARTNERSHIPS
- USER MATERIALS; UNSOLICITED SUBMISSIONS OF WORKS AND ENGAGEMENT WITH A SITE
- ADDITIONAL SERVICES
- ARTIFICIAL INTELLIGENCE
- INTELLECTUAL PROPERTY
- DISPUTE RESOLUTION; GOVERNING LAW; VENUE
- GENERAL
This site or application (“iHeart Site”, “Site” and collectively “Sites”) is owned or managed by iHeartMedia, Inc. and our affiliates and subsidiaries, including iHeartRadio, iHeartMedia, and Premiere Networks (collectively “iHeartMedia,” “we,” “us,” or “our”). iHeart provides quality entertainment brands such as broadcast and Internet radio stations and podcasts.
iHeartMedia provides this iHeart Site and related services for your personal non-commercial use only which is subject to your compliance with this Terms of Use (the “Agreement”). Please read this Agreement carefully before using this iHeart Site. Your use of the Sites constitutes your acceptance to be bound by this Agreement without limitation, qualification or change. If at any time you do not accept all the terms and conditions of this Agreement, you must immediately discontinue use of this iHeartMedia Site. This Agreement sets forth iHeartMedia’s policies with respect to its operation of the iHeartMedia Site. Other policies govern iHeartMedia’s non-Internet operations.
Certain products or services offered by the iHeart Sites (each an “iHeart Internet Service,” and collectively “iHeart Internet Services”), and certain areas within this and/or other iHeart Sites may be governed by additional terms (“Additional Terms”) which will be presented in conjunction with those products or services at the time offered. You will need to agree to those Additional Terms before using those areas or iHeart Internet Services. The Additional Terms and this Agreement, taken together, will apply to your use of those areas or iHeart 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 IHEART SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO ANY IHEART SITE MAY BE TERMINATED IMMEDIATELY IN IHEARTMEDIA’S SOLE DISCRETION, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS.
Termination of your account for an iHeart Internet Service removes your authorisation to use the iHeart Internet Service. In the event of termination, you will still be bound by your obligations under this Agreement and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, iHeartMedia shall not be liable to you or any third party for any termination of your access to an iHeart Internet Service in accordance with this Agreement or any applicable Additional Terms.
By using this iHeart Site, you are representing and warranting that: (a) you are at or above the age of thirteen (13) or the equivalent minimum age in your jurisdiction of residence; (b) you have parent or guardian consent to use this iHeart Site if you are a minor in your jurisdiction of residence; (c) you have the capacity to accept this Agreement and any Additional Terms and are not barred from doing so under any applicable laws,(d) you own or have sufficient authorisation to use the computer, mobile device, technology or other device you use to access this iHeart Site (collectively, "Device"); and (e) you will access and use this iHeart Site in accordance with this Agreement and any applicable Additional Terms. [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.] Filtering software may be commercially available to exclude content that is not acceptable to you. This software may prevent the display of all or portions of the iHeart Site content.
1. CHANGES TO THESE TERMS
iHeartMedia reserves the right, in its sole discretion, to modify, alter, or otherwise change this Agreement and/or the Additional Terms at any time. iHeartMedia will directly notify you of material changes to this Agreement and/or Additional Terms. We will update the “Effective Date” at the top of the page after any minor or material changes. Please review this Agreement periodically for changes.
Your continued use of this iHeart Site and/or iHeart Internet Service after being notified of any changes to this Agreement and/or the Additional Terms 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 terminate and discontinue use of this 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.
3. PRIVACY AND PROTECTION OF PERSONAL INFORMATION
There are locations on the Sites where iHeartMedia collects personal information and/or you may be asked to provide your personal information. iHeartMedia has a Privacy Policy in order to inform you of its practices with respect to the collection, use, disclosure and protection of personal information. You can find the current Privacy Policy, which is incorporated into these Terms, by going to https://www.iheart.com/content/privacy-and-cookie-notice-nz/ (for New Zealand) and https://www.iheart.com/content/privacy-and-cookie-notice-au/ (for Australia). You acknowledge and agree that iHeartMedia will handle your personal information as set forth in the respective Privacy Policy.
We have authorised Australian Radio Network Pty Limited (ACN 065 986 987) (“ARN”) to be the exclusive authorised licensee of iHeartMedia in Australia. We may share any information we have about you, including your personal information, with ARN for ARN's own purposes. ARN may also use your information as set forth in its privacy policy which may be found on its website at https://www.arn.com.au/about-us/privacy-policy/. We have authorised NZME Holdings Limited (“NZME”) to be the exclusive authorised licensee of iHeartMedia in New Zealand. We may share any information we have about you, including your personal information, with NZME for NZME’S own purposes. NZME may also use your information as set forth in its privacy policy which may be found on its website at https://www.nzme.co.nz/about-nzme/privacy-policy.
We supplement personal information we have collected with such information from third parties to generate insights about you to provide targeted advertisements.
You can update your privacy preferences any time as set forth in our iHeartMedia Privacy Policy by going to our webform or by clicking on “Your Privacy Choices” in the footer below.
4. ACCOUNTS, SECURITY, PASSWORDS
If this iHeart Site or iHeart 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 registration form. It is your responsibility to maintain current, complete, and accurate registration data. After you have fully completed the registration process, you may be asked to choose a password and a username. It is entirely your responsibility to maintain the confidentiality of your password, if any. Additionally, you are entirely responsible for any and all activities that occur under your account and agree to notify us immediately of any unauthorised use of your account. You may delete your account by emailing customer service or by following instructions in any applicable Additional Terms or as set forth in the Privacy Policy.
5. USER CODE OF CONDUCT
In accessing and using this iHeart Site and/or the iHeart 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.
- Deliver any unlawful (according to applicable law or regulation) postings to or through this iHeart 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, victimises, 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, or impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another.
- Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver.
- Deliver any posting containing personal information, such as phone numbers, social security numbers, account numbers, addresses or employer references.
- Use this iHeartMedia service in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of this iHeart Site or other users' Devices, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment.
- Attempt to gain unauthorised access to this iHeart Site, any related website, other accounts, computer system, or networks connected to this iHeart 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 iHeart Site, including harvesting or otherwise collecting information about others such as email addresses.
6. FEES
Except where otherwise provided, access to and use of this iHeart Site and the iHeart Internet Services offered through it are currently available without charge. iHeartMedia reserves the right to charge a fee for access to or use of this iHeart Site, or any iHeart Internet Service available on this iHeart Site at any time in the future. iHeartMedia will provide you notice in advance of the introduction of any fees for access to or use of the iHeart Site or any iHeart Internet Service. Once fees have been introduced, your continued access to our use of the iHeart Site or any iHeart Internet Service will be conditional on acceptance of those fees. Your access to or use of this iHeart Site before such time does not entitle you to use of this iHeart Site without charge in the future. If you do not accept the fees, you should immediately terminate and discontinue use of this iHeart Site and/or the iHeart Internet Service to which the fees may apply.
7. DISCLAIMER OF WARRANTIES
THIS CLAUSE IS SUBJECT TO THE NON-EXCLUDABLE CONDITIONS DESCRIBED IN CLAUSE 8. YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS SITE AND/OR IHEARTMEDIA INTERACTIVE SERVICE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS IHEART SITE OR IHEARTMEDIA INTERACTIVE SERVICE ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. IHEARTMEDIA EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES.
IHEARTMEDIA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS IHEART SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS IHEART SITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. IHEARTMEDIA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS IHEART SITE FOR ANY PURPOSE.
IHEARTMEDIA IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR IHEARTMEDIA INTERACTIVE SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
8. NON-EXCLUDABLE EXCEPTIONS
SOME JURISDICTIONS, SUCH AS AUSTRALIA AND NEW ZEALAND, DO NOT ALLOW THE SECTION 7 DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, GUARANTEES, LIABILITIES AND DAMAGES, FOR CERTAIN TYPES OF CUSTOMERS AND/OR AGREEMENTS. YOU MAY HAVE RIGHTS UNDER THE AUSTRALIAN CONSUMER LAW UNDER SCHEDULE 2 OF THE COMPETITION AND CONSUMER ACT 2010 AND EQUIVALENT LEGISLATION IN EACH AUSTRALIAN STATE AND TERRITORY OR, IN THE CASE OF NEW ZEALAND, UNDER THE FAIR TRADING ACT 1986 AND CONSUMER GUARANTEES ACT 1993 ("NON-EXCLUDABLE CONDITIONS"). ACCORDINGLY, IN SUCH JURISDICTIONS, IHEARTMEDIA LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
9. LIMITATIONS ON LIABILITY
Subject to the Non-Excludable Conditions described in Clause 8 above and the specific provisions relating to Australia and New Zealand below, in no event shall iHeartMedia, its subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available this iHeart 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: (1) loss of goodwill, profits, business interruption, data or other intangible losses; (2) your inability to use, unauthorised use of, performance or non-performance of this iHeart Site; (3) unauthorised access to or tampering with your personal information or transmissions; (4) the provision or failure to provide any service; (5) errors or inaccuracies contained on this iHeart Site or any information, software, products, services, and related graphics obtained through this iHeart Site; (6) any transactions entered into through this iHeart Site; (7) 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 iHeart Site or any site to which it provides hyperlinks; or (8) damages otherwise arising out of the use of this iHeart Site and iHeart Internet Services, except to the extent that any such damages or otherwise arise from any fraud, wilful misconduct or negligence by iHeartMedia. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if iHeartMedia has been advised of the possibility of damages.
Australia: If you are accessing the service from Australia and the Australian Consumer Law under the Competition and Consumer Act 2010 and equivalent legislation in each Australian state and territory applies, our total liability for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited only to the extent permitted by the Australian Consumer Law. Goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund, if a fee was paid, for a major failure and for compensation for any other reasonably foreseeable loss or damage. If we supply any goods to you, you are also entitled to have the goods repaired, or replaced if the goods cannot be repaired, if the goods fail to meet the consumer guarantees in the ACL and the failure does not amount to a major failure.
New Zealand: If you are accessing the service from New Zealand and the Fair Trading Act 1986 (FTA) and Consumer Guarantees Act 1993 (CGA) apply, our total liability for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited only to the extent permitted by the CGA and FTA. Goods and services come with guarantees that cannot be excluded under the CGA. You are entitled to a replacement or refund, if a fee was paid, for failures that cannot be remedied or that are of a substantial character and for compensation for any reduction in the value of the goods or services and reasonably foreseeable loss or damage. If we supply any goods to you, you are also entitled to have the goods repaired, or replaced if the goods cannot be repaired, if the goods fail to meet the consumer guarantees in the CGA.
10. MODIFICATION/TERMINATION OF iHEART SITES or IHEART INTERNET SERVICE
iHeartMedia reserves the right, in its sole discretion, to modify, suspend, or terminate this iHeart Site and/or any portion thereof, including any iHeart Internet Service. If at any time you do not accept any modifications to the iHeart Site, you must immediately terminate and discontinue use of this iHeart Site and/or the iHeart Internet Service to which the modifications may apply.
11. LINKS
This iHeart Site may contain links to websites, applications or other services operated by third parties (the “Linked Sites”). iHeartMedia does not monitor or control the Linked Sites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at the Linked Sites. If you choose to access any third-party site (including any Linked Site), you do so at your own risk, and your use of that site is subject to its own terms of use and its privacy policy, which you should review. The presence of a link to a third-party site does not constitute or imply iHeartMedia’s endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the site. Your use of Linked Sites is at your own risk.
12. SOFTWARE AND DOWNLOADS AVAILABLE THROUGH THIS SITE AND APP STORES
Any software that is made available to access, use, view and/or download in connection with an iHeart Site or iHeart Internet Service ("iHeart Software"), including applications, podcasts, audio streaming, or video streaming, is owned or controlled by iHeartMedia and/or licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of the iHeart Software is subject to a limited and revocable license for your private, non-commercial use. Subject to the Non-excludable Conditions, iHeartMedia accepts no responsibility or liability in connection with any Software owned or controlled by third parties.
Mobile Apps
iHeartMedia mobile applications (“Apps”) are designed to work on compatible iOS and Android mobile devices and are generally available through third-party mobile stores (i.e., “App Stores”). If you are accessing the Site through an App, you agree that you will read the relevant App Store’s 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.
Your download of any iHeartMedia mobile application from an App Store is governed by the applicable App Store terms below.
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. (“Apple”) is not a party to these Terms other than as a third-party beneficiary as contemplated below.
iHeartMedia 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 iHeartMedia 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 12 are also subject to the Apple Media Services Terms and Conditions located at http://www.apple.com/legal/itunes/us/terms.html, including the "Usage Rules" therein, and any third party terms of agreement applicable to the Apps. You acknowledge that you have had the opportunity to review these terms.
You acknowledge that iHeart, and not Apple, is responsible for providing the Apps and content thereof.
As between iHeartMedia and Apple, iHeartMedia is solely responsible for providing any maintenance and support services with respect to the Apps that iHeartMedia may offer (which, if provided, is provided at iHeartMedia’s sole discretion). You acknowledge that Apple has no obligation whatsoever to furnish maintenance or support services with respect to the Apps.
You and iHeartMedia 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 party’s 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 12 only, you acknowledge and agree that Apple, and Apple’s 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 IHEARTMEDIA’ S SOLE RESPONSIBILITY.
Terms Specific to Android Mobile Devices.
If the Apps are provided to you through Google, Inc.’s (Google, Inc. together with all of its affiliates, “Google”) 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 Google’s Google Play Developer Distribution Agreement will apply to the extent of such inconsistency or conflict.
13. NO INTERNATIONAL USE/U.S. EXPORT CONTROLS
The iHeartMedia Sites are intended only for individuals and businesses in Australia and New Zealand. Although Sites may be accessed from around the world, the Sites have been designed to comply with the laws of Australia and New Zealand. If any material on this 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.
14. OFFERINGS FROM THIRD-PARTY MERCHANTS
This iHeart Site may enable you to order and receive products, information and services from businesses that are not owned or operated by iHeartMedia (“Third Party Goods”). The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning Third Party Goods are solely between you and such businesses. iHeartMedia does not endorse, warrant, or guarantee Third Party Goods. iHeartMedia will not be a party to or in any way responsible for monitoring any transaction between you and third-party for Third Party Goods. Any fees for Third Party Goods are charged by the third parties and are your responsibility.
15. ADVERTISEMENTS, SPONSORSHIPS, CO-PROMOTIONS, AND OTHER PARTNERSHIPS
iHeartMedia may display advertisements for Third Party Goods on the iHeart Sites, including in connection with co-promotions, sponsorships and other similar partnership arrangements. iHeartMedia bears no responsibility for any Third Party Goods advertised on the Sites.
16. USER MATERIALS; UNSOLICITED SUBMISSIONS OF WORK AND ENGAGEMENT WITH A SITE
User Materials
iHeartMedia does not control and is not responsible for any notes, messages, billboard postings, ideas, suggestions, concepts or other material, or files delivered to iHeartMedia or ARN by you or other users (collectively, “User Materials”). iHeartMedia is not obligated to and does not regularly review, prescreen, monitor, delete, preserve or edit User Materials. However, iHeartMedia reserves the right to do so at any time in its sole discretion, for any reason or no reason, and to refuse, delete, move or edit any User Materials, in whole or in part, with or without notice. Subject to any Non-excludable Conditions, iHeartMedia is not responsible or liable for damages of any kind arising from any User Materials even when iHeartMedia is advised of the possibility of such damages, or from iHeartMedia’s alteration or deletion of any User Materials.
You are solely responsible and liable for all User Materials delivered to iHeartMedia, whether via your account, this iHeart Site, email, or any other method. Any violation of these provisions can subject your iHeartMedia account to immediate termination and, possibly, further legal action. You represent and warrant that you own or otherwise control any and all rights in and to the User Materials and that public posting and use of the User Materials by iHeartMedia will not infringe or violate the rights of any third party in any manner.
You grant to iHeartMedia a worldwide, perpetual, unrestricted, irrevocable, royalty-free, sublicensable, and transferable license to (and allow other to) use, copy, reproduce, process, adapt, modify, publish, transmit, display, perform, distribute, create derivative works from, and perform your User Materials for any and all commercial and non-commercial purposes. No credit, attribution, approval or compensation is due to you for any such use of User Materials you may submit and you consent to the use of User Material that would otherwise breach any of your moral rights including the right to be attributed as the author, right for the User Material not to be falsely attributed and the right to integrity of the User Material. Please note that any User Material you submit is and will be treated as non-confidential and non-proprietary as to you.
Furthermore, iHeartMedia may disclose User Materials if iHeartMedia 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 iHeartMedia, its users, and the public; or (ii) appropriate legal process requires disclosure. Without limiting the generality of the foregoing, you authorize iHeartMedia to include User Materials in a searchable format that may be accessed by users of the Site. iHeartMedia 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 iHeartMedia.
Unsolicited Submissions; Feedback
We do not accept or consider unsolicited creative materials, ideas or suggestions either via this iHeartMedia Site, email or other means. If you do still transmit any unsolicited communication or material, to us via this iHeartMedia Site, email or otherwise, 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 iHeartMedia is 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.
17. ADDITIONAL SERVICES
This iHeart Site may offer certain services such as newsletters and Real Simple Syndication (“RSS”) feeds. By registering for any such service, you may be subject to any charges and rules set forth in the Additional Terms communicated to you at or during the registration process for these services.
18. 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 “iHeart Data” and together with the Intellectual Property, the “iHeart IP & Data”): (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.) (“AI Technology”); (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 (“GAIS”) 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 iHeart’s 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.
19. INTELLECTUAL PROPERTY
Use of Intellectual Property
The iHeart Site, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, iHeartMedia logos, titles, characters, names, graphics and button icons (collectively “Intellectual Property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by iHeartMedia or by other parties that have provided rights thereto to iHeartMedia.
You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through this iHeart Site, in whole or in part, without the express written permission of iHeartMedia.
Additionally, you may not link any Site, whether by hyperlink or otherwise, to any page beyond the homepage of this iHeart Site, or frame this iHeart Site, or any web page or material herein, nor may you include a link to any aspect of this iHeart Site in an email for commercial purposes, without the express written permission of iHeartMedia. Further, unless otherwise expressly permitted, you agree not to link to iHeartMedia’s Intellectual Property so as to cause you or anyone else to access iHeartMedia’s Intellectual Property other than through this iHeart Site.
You may inquire about obtaining permission by writing:
IP Permission
Legal Department
iHeartMedia, Inc.
20880 Stone Oak Pkwy
San Antonio, TX 78258
United States
By Facsimile: +1 (210) 832-3149
By Email: IPPermission@iheartmedia.com
Copyright Infringement
iHeartMedia respects the intellectual property rights of third parties. By submitting any material or photographs through this iHeart Site, you are granting permission to have this material posted on this iHeart Site and are representing that you are the rightful owner of the submitted material, and that no one else may claim rights to this material. iHeartMedia reserves the right to remove access to infringing material. Such actions do not affect or modify any other rights iHeartMedia may have under law or contract. You can find our procedures for providing notice of alleged copyright infringement below.
Procedure for Making Claim of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof 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
United States
By Facsimile: +1 (210) 832-3149
By Email: dmca@iHeartMedia.com
Pursuant to 17 U.S.C. § 512(c), the Notification must include the following:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(2) 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.
(3) 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 iHeart to locate the material.
(4) Information reasonably sufficient to permit iHeart to contact the complaining party, such as an address, telephone number, and, if available, an email address.
(5) 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.
(6) 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.
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 attorneys’ fees) under Section 512(f) of the DMCA.
It is our policy to disable and/or terminate, in appropriate circumstances, any user’s 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 “Counter-Notice”) by submitting written notification to the e-mail address listed in “Contact Information” 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 attorneys’ 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:
By Mail:
DMCA Designated Agent
c/o Legal Department
iHeartMedia, Inc.
20880 Stone Oak Pkwy
San Antonio, TX 78258
Facsimile: (210) 832-3149
Email: dmca@iheartmedia.com
20. DISPUTE RESOLUTION
APPLICABILITY. YOU UNDERSTAND AND AGREE THAT THESE DISPUTE RESOLUTION TERMS APPLY TO ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND IHEARTMEDIA (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 ANY IHEART SITE, APP, ADDITIONAL SERVICES, EVENTS, PROMOTIONS AND/OR IHEART INTERNET SERVICES.
DISPUTE NOTICE AND INFORMAL DISPUTE RESOLUTION. If a dispute should arise between you and iHeartMedia, we want to provide you with a resolution that is efficient and cost effective. Before initiating an action, you and iHeartMedia each agree to first provide the other a written notice (“Notice of Dispute”), 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, United States of America, Attention: Legal, or (2) emailed to help@iheartradio.com. You and iHeartMedia 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 iHeartMedia may commence a lawsuit.
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 New South Wales in Australia and the laws of New Zealand in New Zealand, without regard to its conflict of law principles. You consent to the exclusive jurisdiction of the federal and state courts located in New South Wales in Australia and Auckland in New Zealand, and waive any jurisdictional, venue, or inconvenient forum objections thereto.
21. GENERAL
The iHeart IP & 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 iHeartMedia or are personal information you provide to iHeartMedia under the terms of the Privacy Notice while using the Site (“Data Assets”). 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 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 iHeartMedia 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, you may send them by email to help@iheartradio.com. You must send any official correspondence via postal mail to:
Legal Department
ATTN: iHeart Site Terms of Use
iHeartMedia, Inc.
20880 Stone Oak Pkwy
San Antonio, TX 78258
United States