CLEAR CHANNEL
WELCOME TO CLEAR CHANNEL
Clear Channel Mobile (the “Service”) consists of content
located on “http://wap.” plus the participating Clear
Channel radio station website. The Service is operated by this Clear
Channel radio station in conjunction with m-Qube,
Inc. (“m-Qube”). In order to use the Service,
you must have a mobile communications subscription with a wireless carrier (or
otherwise have access to a mobile communications network for which Clear
Channel makes the Service available) as well as any carrier services necessary
to download content to your mobile device. We make no representations
regarding the compatibility or noncompatibility of
the Service with your mobile device. There may be service fees associated
with certain carrier services necessary to use the Service. Please
contact your participating carrier for details.
Legal Effect of this Agreement
Clear
Channel provides this Clear Channel Service for your personal non-commercial
use only and subject to your compliance with this Terms of Use Agreement (the
“Agreement”). These Terms constitute a legal agreement (the
“Agreement”). Please read this Agreement carefully before using this
Service. Clear Channel reserves the right, in its sole discretion, to modify,
alter, or otherwise change this Agreement at any time.
Your use of this Clear Channel Service constitutes your
acceptance to be bound by this Agreement. If at any time you do not accept all
the terms and conditions of this Agreement, you must immediately discontinue
use of this Clear Channel Service.
YOU MAY NOT USE THIS
SERVICE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT.
YOUR ACCESS TO THIS SERVICE MAY BE TERMINATED IMMEDIATELY IN OUR SOLE
DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS
OF THIS AGREEMENT, OR FOR ANY OTHER REASON, OR NO REASON.
Privacy and
Protection of Personal Information
Clear Channel has
developed a Privacy Statement in order to inform you of its practices with
respect to the collection, use, and disclosure of personal information. You can
find this Statement by clicking here
Accounts, Security, Passwords
If this Clear Channel Service requires you to open an account, you must
complete the specified registration process by providing current, complete, and
accurate information as requested by the applicable online registration form.
It is your responsibility to maintain the currency, completeness, and accuracy
of your registration data and any loss caused by your failure to do so is your
responsibility. After you have completed the registration form, you may be
asked to choose a password and a user name. It is your responsibility to
maintain the confidentiality of your password and account.
Additionally, you are responsible for any and all activities that occur under
your account. You agree to notify Clear Channel immediately of any unauthorized
use of your account. Clear Channel is not liable for any loss that you may
incur as a result of someone else using your password or account, either with
or without your knowledge. You may cancel your account by sending the
text message "STOP" from your mobile telephone number associated with
your account.
Fees
Except where otherwise provided, access to
and use of this Clear Channel Service are currently available without charge.
Clear Channel reserves the right to charge a fee for access to or use of this
Service at any time in the future. Your access to or use of
this Service before such time does not entitle you to use of this Service
without charge in the future.
In the event that charges
or fees apply, you agree to pay your carrier the fee that corresponds to the
Service or Downloads or other content in accordance with the fees in effect at
the time of your order. Unless otherwise indicated, the charges shall be
invoiced on the bill from your carrier. All fees, as applicable, are
subject to change upon notice from Clear Channel. Clear Channel will
provide you with reasonable notice of such change. All fees are due
immediately and are non-refundable, except as otherwise expressly noted.
Intellectual Property Rights In Downloads Available
Through This Service
Any software that is made available to view and/or download in connection with
this Clear Channel Service is owned or controlled by Clear Channel and/or
licensors, affiliates and suppliers and is protected by copyright laws and
international treaty provisions. We grant you a limited, non-exclusive,
non-transferable, revocable license to download and use the object code version
of the downloaded content on your mobile device solely for your own private,
non-commercial use. Clear Channel accepts no responsibility or liability in
connection with any content owned or controlled by third parties.
You further acknowledge and
agree that you may not reproduce, modify, perform, transfer, distribute, sell, create
derivative works of or otherwise use or make available the content provided by
this Service except as expressly provided in this Agreement. No rights
are granted to you by this Agreement in any patents, copyrights, trade secrets,
trademarks or any other rights in respect of the mobile entertainment content
downloaded on your mobile device.
Disclaimer of Warranties
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR
INFORMATION OBTAINED FROM OR THROUGH THIS CLEAR CHANNEL SERVICE IS AT YOUR OWN
RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT
AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS CLEAR CHANNEL
SERVICE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. CLEAR CHANNEL
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
AS TO THE OPERATION OF THIS SERVICE OR THE INFORMATION, CONTENT OR MATERIALS
INCLUDED ON THIS SERVICE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, CLEAR CHANNEL DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR
PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT
OF THE RIGHTS OF THIRD PARTIES. CLEAR CHANNEL DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS THAT THIS SERVICE WILL OPERATE ERROR-FREE OR UNINTERRUPTED,
THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SERVICE AND/OR ITS SERVER WILL BE
FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. CLEAR CHANNEL DOES NOT WARRANT
OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY,
RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED
WITHIN THIS SERVICE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES,
INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.
CLEAR CHANNEL IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS,
MISDIRECTED OR REDIRECTED TRANSMISSIONS, E-MAILS OR MOBILE MESSAGES, ILLEGIBLE
MESSAGES, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR
RECEIPT OF TICKET ORDERS OR CLEAR CHANNEL INTERACTIVE SERVICES, OR ANY COMPUTER
VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
Links
This Clear Channel
Service may contain links content owned or provided by third parties. Clear
Channel does not monitor or control the linked sites and makes no
representations regarding, and is not liable or responsible for the accuracy,
completeness, timeliness, reliability or availability of, any of the content
uploaded, displayed, or distributed, or products, or services available at
these sites. If you choose to access any third party site, you do so at your
own risk. The presence of a link to a third-party site does not constitute or
imply Clear Channel's endorsement, sponsorship, or recommendation of the third
party or of the content, products, or services contained on, or available
through, the site.
Limitations on Liability
In no event shall Clear Channel, its subsidiaries, affiliates, distributors,
suppliers, licensors, agents or others involved in creating, sponsoring,
promoting, or otherwise making available this Clear Channel Service and its
contents, be liable to any person or entity whatsoever for any direct,
indirect, incidental, special, compensatory, consequential, or punitive damages
or any damages whatsoever, including but not limited to: (i) loss of goodwill,
profits, business interruption, data or other intangible losses; (ii) your
inability to use, unauthorized use of, performance or non-performance of the
Clear Channel Service; (iii) unauthorized access to or tampering with your
personal information or transmissions; (iv) the provision or failure to provide
any service; (v) errors or inaccuracies contained on the Clear Channel Service
or any information, software, products, services, and related graphics obtained
through the Clear Channel Service; (vi) any transactions entered into through
this Clear Channel Service; (vii) any property damage including damage to your
mobile device caused by viruses or other harmful components, during or on
account of access to or use of this Clear Channel Service or any site to which
it provides hyperlinks; or (viii) damages otherwise arising out of the use of
the Clear Channel Service. The limitations of liability shall apply regardless
of the form of action, whether based on contract, tort, negligence, strict
liability or otherwise, even if Clear Channel has been advised of the
possibility of damages.
Indemnification
You agree to indemnify, defend, and hold harmless Clear Channel, its
subsidiaries, agents, distributors and affiliates, and their officers,
directors and employees from and against any and all claims, actions, demands,
liabilities, costs and expenses, including, without limitation, reasonable
attorneys’ fees, resulting from your breach of any provision of this Agreement
or any warranty you provide herein, or otherwise arising in any way out of your
use of this Clear Channel Service. Clear Channel reserves the right to take
exclusive control and defense of any such claim otherwise subject to
indemnification by you, in which event you will cooperate fully with Clear
Channel in asserting any available defenses.
Modification/Termination by Clear
Channel
Clear Channel
reserves the right, in its sole discretion, to modify, suspend, or terminate
this Clear Channel Service, and/or your account, password, or use of any Clear
Channel Service, or any portion thereof, at any time for any reason with or
without notice to you.
Termination of your account for this Service removes your authorization to use
the Service. In the event of termination, you will still be bound by your
obligations under this Agreement, including the warranties made by you, and by
the disclaimers and limitations of liability. Additionally, Clear Channel shall
not be liable to you or any third-party for any termination of your access to
this Clear Channel Service.
Contests/Sweepstakes
For Additional
Terms applying to all contests or sweepstakes conducted by this Clear Channel Service,
refer to the contest or sweepstakes information.
Objectionable or Explicit Content
You and the owner of the mobile device acknowledge and agree
that the Clear Channel is not liable to anyone
for any content or materials or any other aspect of the Service that anyone
might find objectionable or contain explicit sexual content, and you and the
owner of the mobile device release Clear Channel from any and all liability
related thereto.
International Use/U.S. Export Controls
This Clear Channel Service is governed by and operated in accordance with the
laws of United States and is intended for enjoyment of residents of the United
States. Clear Channel makes no representation that this Service is
governed by or operated in accordance with the laws of other nations.
Accessing materials on this
Clear Channel Service by certain persons in certain countries may not be
lawful. If you choose to access this Service from outside the
The
Notices
Except as expressly
provided otherwise herein, all notices to Clear Channel
shall be in writing and delivered to:
C. Cain
Legal Department
Clear Channel Communications, Inc.
legal@internal.clearchannel.com
Clear Channel shall serve notices related to this Agreement by posting them on
the Service or by sending them to the postal address or e-mail address you have
provided or as a text message to your mobile telephone number associated with
your account. Notices sent by mail shall be deemed received seven days
after they were sent. Notices posted on the Service or sent by e-mail or as a
text message shall be deemed received on the first business day following the
day when they were posted or sent.
General Information
This Agreement shall be governed by, construed and enforced in accordance with
the laws of the State of Texas, as it is applied to agreements entered into and
to be performed entirely within such state, without regard to conflict of law
principles. You agree that any cause of action you or Clear Channel brings to
enforce this Agreement, or in connection with any matters related to this Clear
Channel Service and/or the Privacy Statement, shall be brought only in either
the state or Federal courts located in
If any provision of this Agreement, or the application thereof to any person or
circumstances, is held invalid or for any reason, unenforceable including, but
not limited to, the warranty disclaimers and liability limitations, then such
provision shall be deemed superseded by a valid, enforceable provision that matches,
as closely as possible, the original provision, and the other provisions of
this Agreement shall remain in full force and effect. The failure of either
party to insist upon strict performance of any provision of this Agreement
shall not be construed as a waiver of any provision or right.
Unless expressly provided otherwise, this Agreement is the
entire agreement between you and Clear Channel with respect to the use of this
Clear Channel Service and shall not be modified except in writing, signed by an
authorized representative of Clear Channel.
Questions or
Inquiries.
If you have any questions concerning this Agreement, you may
send them by email to wirelesslegal@clearchannel.com.
You must send any official correspondence via postal mail to:
Distribution Services
Effective
Date:
May 21, 2007