MUSIC CHOICE®
TERMS OF USE
Updated as of October 31, 2023
INTRODUCTION
Music Choice (“Music Choice”, “we” or “us”) offers its music-related programming and content, including the MUSIC CHOICE® audio channels service, the video-on-demand service, and “Subscription Services” (for example, Music Choice’s audio only music application available on certain Smart TVs, Music Choice Karaoke, Music Choice Relax, Music Choice PLUS, Music Choice Holiday, Music Choice Lo-Fi) through certain third-party affiliate video programming distributors and on certain Smart TV manufacturer platforms (collectively, “Distributors”) as part of such Distributors’ digital television and broadband internet and other services. Example of Distributors are Comcast, Mediacom, Verizon FiOS, DIRECTV, Vizio, Samsung, etc. These are the official Terms of Use that govern the content, features, and activities related to the Music Choice services available on the Music Choice website, https://musicchoice.com/, mobile and television applications (including the MUSIC CHOICE® Enhanced Television Application) and via the Subscription Services (collectively, the “Products”). These Terms of Use constitute a legally binding agreement (the “Agreement”) between you and Music Choice, so please read them carefully before using any of the Products. The Distributors and our third party “Content Providers” (such as record labels and music publishers (e.g., Universal Music Group and Warner Chappell)) may be third party beneficiaries of this Agreement and so pursuant to any right available under local legislation, if applicable each may enforce Music Choice’s rights under this Agreement directly against you.
By accessing and using the Products or participating in any of the services related thereto, you acknowledge that you have read and understand this Agreement, and agree to be bound by it and any applicable laws. If you do not agree (or cannot comply with) the terms and conditions of this Agreement, do not access or use the Products or any Content (defined in the COPYRIGHT OWNERSHIP AND USE OF MUSIC CHOICE CONTENTsection of this Agreement) available through the Products. In particular, please note the arbitration provision set forth below, which requires you to arbitrate any claims you may have against Music Choice on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
In addition, your use of the Music Choice mobile applications means you also agree as follows: (i) if you use Music Choice’s iOS mobile application, you agree to be legally bound by Apple’s standard Licensed Application End User License Agreement (EULA) (https://www.apple.com/legal/internet-services/itunes/dev/stdeula/), which is part of the Apple App Store Terms of Service, (ii) if you use Music Choice’s Android mobile application, you agree to be legally bound by Music Choice’s End User License Agreement (EULA) for Android (http://www.musicchoice.com/content/legal/MC-Android-EULA.htm), and (iii) if you use Music Choice’s Enhanced Television Application, you agree to be legally bound by Music Choice’s End User License Agreement (EULA) for the Music Choice Enhanced Television Application (http://www.musicchoice.com/content/legal/MC-ETV-EULA.htm).
Music Choice reserves the right, in its sole discretion, to change the terms of this Agreement at any time by updating these Terms of Use on our website or in our Products. You should check back frequently and review these terms regularly so that you are aware of your most current rights and obligations and the terms and conditions of your Agreement with us. If you use the Products after the posting of any such changes, you signify your agreement to be bound by the changes.
You agree to abide by the rules and policies governing use of the Products and the Content contained therein as established by Music Choice from time to time. Such rules and policies will be applied generally in a non-discriminatory manner to users of the Products and may include, for example, required or automated updates, modifications, and/or reinstallation of certain mobile and television applications and obtaining available patches to address security, interoperability, and/or performance issues.
Music Choice reserves the right, in its sole discretion, to add, change, modify or discontinue, temporarily or permanently, any of the Products, any of the related services, or any Content with or without notice. Neither Music Choice nor its Distributors nor Content Providers will be liable to you or any other party for any such changes, modifications or discontinuances.
IF YOU ARE BETWEEN THE AGES OF 13 AND 18 YEARS OLD, MUSIC CHOICE RECOMMENDS THAT YOU OBTAIN YOUR PARENT’S OR LEGAL GUARDIAN’S PERMISSION BEFORE YOU CREATE PROFILES OR USE ANY OF THE COMMUNITY FEATURES OF THE PRODUCTS. IF YOU ARE UNDER 13 YEARS OF AGE, ONLY YOUR PARENT OR LEGAL GUARDIAN MAY CREATE A PROFILE FOR YOU AFTER FIRST CREATING AN ADULT PROFILE.
COLLECTION OF YOUR PERSONAL INFORMATION, IF ANY, IS SUBJECT TO THE MUSIC CHOICE PRIVACY POLICY FOUND HERE: https://musicchoice.com/legal/privacy-policy/ .
YOUMUST BE A RESIDENT OF THE UNITED STATES, ITS TERRITORIES AND POSSESSIONS TO USE THE PRODUCTS AND RELATED SERVICES.
EXCEPT FOR CERTAIN AUDIO SERVICES AVAILABLE FOR COMMERCIAL ESTABLISHMENTS THROUGH CABLE/TELCO TV PROVIDERS, OUR PRODUCTS MAY ONLY BE USED BY RESIDENTIAL CONSUMERS AND USE BY COMMERCIAL ESTABLISHMENTS IS PROHIBITED.
SUBSCRIPTION SERVICES TERMS
In addition to the other terms and conditions set forth in this Agreement, the terms set forth in this Subscription Services Terms section apply to subscribers who trial and/or purchase Music Choice Subscription Services (for example, the Music Choice audio-only application available on certain Smart TV platforms, Music Choice Karaoke, Music Choice Relax, Music Choice PLUS, Music Choice Holiday and/or Music Choice Lo-Fi). A subscription to any one or more of such Subscription Services is a “Subscription”:
Creating a SubscriptionAccount
To access the Subscription Services, you must have an active Subscription account (“MC Subscription Account”) with a valid payment method (“Payment Method”) either 1) directly through Music Choice or 2) through a third party (e.g., an app store, or your internet, mobile or TV provider or Smart TV platform (each a “Third Party Provider”) authorized to provide one or more of the Subscription Services. As used in this Agreement, “Subscription Provider” refers to Music Choice or a Third Party Provider, both individually and collectively. In addition, for certain Subscription Services (such as Music Choice PLUS and the audio only music application available on certain Smart TVs), you may be required to create a Music Choice authorized user profile to establish an account.
Steps to Create a Subscription Account
If you purchase your Subscription directly through Music Choice, you will create your MC Subscription Account at the same time you make your initial purchase. If you purchase your Subscription through a Third Party Provider, you may need to take additional steps to set up your MC Subscription Account, including leaving your Third Party Provider’s platform to confirm your information directly with Music Choice.
Your Subscription will be automatically validated each time you sign-in to the applicable Subscription Service(s). However, if you purchased your Subscription through a particular Third Party Provider and then change your Third Party Provider, your current Subscription will terminate. To re-subscribe, you must visit https://dashboard.musicchoice.com/signin to update your Third Party Provider or contact your new Third Party Provider for assistance. Depending on the Subscription Service and whether it is available directly from Music Choice, you may also choose to instead purchase your Subscription directly from Music Choice.
It is a condition of use of any of the Subscription Services that all the details you provide will be correct, current, and complete and will not violate any law. If a Third Party Provider or Music Choice believes the details you provided are not correct, current or complete or do not meet eligibility criteria as established by Music Choice or your Third Party Provider from time to time, or that you have otherwise violated these Terms of Use or any law, Music Choice and your Third Party Provider each have the right at our sole discretion to suspend, terminate or refuse you access to the Subscription Services, your MC Subscription Account and/or any other features or resources related thereto.
Purchasing a Subscription Directly Through Music Choice
You may purchase certain Subscriptions directly through us (currently only the Music Choice audio only app available on certain Smart TV platforms). Either we or our authorized vendor(s) (the “Payment Service”) will process the Payment Method. You should address any payment questions to Music Choice Customer Support as described in the Customer Support section below. After your original Subscription ends, it will automatically renew at the then-current rates unless you cancel before the renewal. Renewal charges will be applied to the Payment Method associated with your MC Subscription Account. By providing a Payment Method to us, you agree that we and/or our Payment Service are authorized to periodically charge the applicable Subscription fee together with any applicable taxes and service fees (collectively, the “Subscription Fee”) on a recurring basis until you duly cancel your Subscription. We and/or our Payment Service will attempt to verify the Payment Method you provide, and may do this by processing an authorization hold, which is a standard practice. If your Payment Method expires and you do not update your Payment Method or duly cancel your Subscription before it automatically renews, you authorize us and/or our Payment Service to continue billing, and you will remain responsible for any uncollected amounts. If a valid Payment Method is not activated on your MC Subscription Account when a payment becomes due, we may restrict, suspend or cancel your Subscription.
Purchasing a Subscription Through a Third Party Provider
If you purchase your Subscription through a Third Party, your Payment Method will be processed by such Third Party Provider and the Third Party will give you further details on how to sign in or create your MC Subscription account. Any inquiries related to payments through your Third Party Provider should be directed to your Third Party Provider directly. You are responsible for all charges incurred in connection with your Subscription. For the avoidance of doubt, Music Choice bears no responsibility or liability whatsoever with regard to any payment, billing or other disputes between you and the Third Party Provider arising out of any of the Subscription Services.
Multiple Plans and Plan Switching
For some Subscription Services (for example, Music Choice PLUS), you may be offered multiple Subscription plans (“Plans”) to access the Subscription Services. The pricing and offers for Subscriptions to the Subscription Services may vary by Subscription Provider and may change over time without notice (except as may be required by applicable law). Each Plan may offer different Content availability, functionality, features, device compatibility or have certain conditions or limitations, which will be disclosed during your sign-up or in other materials available for the Subscription Services. Subject to availability with your Subscription Provider, you may be able to change your Subscription from one Plan to another. Additional terms applicable to the switching of a Plan (such as the applicable charges and changes to billing dates) will be provided by your Subscription Provider. If your Subscription Provider is Music Choice, please see the FAQs for the relevant Subscription Service for assistance: https://musicchoice.com/help/
Authorized Users and Additional Profiles
Once you have created an MC Subscription Account, you may be given, for certain Subscription Services (currently only the Music Choice PLUS Subscription Service and the Music Choice audio only app available on certain Smart TV platforms) the option to add authorized users (the "Authorized Users") tied to your MC Subscription Account depending on the Music Choice Plan to which you have subscribed. Music Choice reserves the right to limit the maximum number of Authorized Users (and devices) that you can set up or that can simultaneously access the applicable Subscription Service, in its sole discretion. Authorized Users are limited to members of your immediate family or household only. Currently, with regard to the Subscription Services, multiple Authorized Users are only available for certain of the Music Choice PLUS Plans and Music Choice’s audio only music app available on certain Smart TVs as follows:
SINGLE Plan: Access to Music Choice PLUS for one (1) profile - 1 Authorized User can access Music Choice PLUS on a single device at a time
FAMILY Plan: Access to Music Choice PLUS for three (3) profiles + two (2) Kid’s profiles for children 8 and under with access restricted to a gated area of youth appropriate content(see PROFILES AND USERNAME/PASSWORD section of this Agreement below for additional information regarding Kid’s profiles)
LARGE FAMILY Plan: Access to Music Choice PLUS for six (6) profiles – 6 Authorized Users can access Music Choice PLUS on 6 different devices at the same time
Music Choice Audio Only App: Access to the Audio Only App for five (5) profiles + five (5) Kid’s profiles for children 8 and under with access restricted to a gated area of youth appropriate content (see PROFILES AND USERNAME/PASSWORD section of this Agreement below for additional information regarding Kid’s profiles) – each Authorized User can access the app on five (5) different devices at the same time
The MC Subscription Account will function as the "main account" for all Authorized Users. EACH AUTHORIZED USER'S VIEWING ACTIVITY MAY BE ACCESSIBLE TO THE MC SUBSCRIPTION ACCOUNT HOLDER, INCLUDING STREAMS BY TITLE, PARENTAL CONTROLS, AND ANY CHANGES TO THE AUTHORIZED USER SETTINGS. IT IS YOUR RESPONSIBILITY TO INFORM EACH AUTHORIZED USER OF THIS FEATURE.
You are responsible for all activity by each Authorized User or otherwise occurring under your MC Subscription Account, including the devices that are used to access the Subscription Services. You understand and agree that Music Choice and/or its Content Providers may impose certain restrictions on the ability of each Authorized User to access Content from different devices and/or simultaneously with other Authorized Users, may require certain reauthorizations, including the need to stream PLUS content from an in-home or in-network IP address every 30 days, and may require that an Authorized User present certain identification (for example, and without limitation, college student(s) may be asked to verify a .edu email for inclusion as an Authorized User for a limited time period (e.g. 4 consecutive years) in Music Choice PLUS Large Family plans), in each case for digital security and other reasons. You and each Authorized User are solely responsible for maintaining the confidentiality of your username and password. In addition, to prevent unauthorized access to your MC Subscription Account or the Subscription Services, you and each Authorized User must maintain control over the devices used to access the Subscription Services and not reveal your username and password or Payment Method to any third party. Music Choice and its Subscription Providers shall not be liable for any loss or damage arising from the use or misuse of your MC Subscription Account.
Payment and Billing - Ongoing Subscription
By creating an account with a Subscription Provider and providing such Subscription Provider with a Payment Method, you agree to pay the Subscription Provider a subscription fee and any applicable taxes and service fees on a designated cycle for the applicable Subscriptions (collectively, the "Subscription Fee"). Subject to the Free Trials, Discounts, and Promotional Offers section below, the first Subscription Fee will be charged to your Payment Method on the date the Subscription Provider confirms your Subscription purchase. Thereafter, the Subscription Fee will be charged to your Payment Method by your Subscription Provider on a recurring basis in accordance with your designated cycle.
Billing Cycle
Your Subscription billing will be processed by your Subscription Provider or its authorized vendor(s). The Subscription Fee will be billed at the time you establish your Subscription and on an ongoing, regular monthly basis unless you cancel your Subscription. Please note that billing cycles may vary. Note that the timing of your billing may change (i.e., in the event of a problem with your Payment Method, such as an expired credit card). You should confirm the applicable billing policies prior to establishing your Subscription.
Unpaid Amounts
Your Subscription Provider reserves the right to retry billing your Payment Method after failed attempts (e.g., if your Payment Method is rejected). Your Subscription Provider also reserve the right to pursue or permit or another third party to pursue any amounts you fail to pay in connection with your Subscription. Except as specified in any agreement between you and your Subscription Provider, you will remain liable for all such amounts and all costs incurred in connection with the collection of these amounts, including, without limitation, bank overdraft fees, collection agency fees, reasonable attorneys' fees, and arbitration costs. For the avoidance of doubt, Music Choice bears no responsibility or liability whatsoever with regard to any payment, billing or other disputes between you and the Third Party Provider arising out of any of the Subscription Services.
Subscription Price Changes
Each Subscription Provider reserves the right to change the price for a Subscription for any Subscription Service in its sole discretion and will be responsible for communicating any price changes to you in accordance with applicable law.
Updating Payment Method
You may update your Payment Method with your Subscription Provider at any time by accessing your account with such Subscription Provider as allowed by your Subscription Provider.
If at any time your Subscription Provider is unable to charge your Payment Method for the Subscription Fee due to insufficient funds, expired or invalid account details, or otherwise, you remain responsible for the cost of such Subscription Fee.
A change in your Payment Method may result in changes to your prior billing cycle. It is your responsibility to update and maintain the Payment Method associated with your Subscription Fee. In the event your Payment Method is unable to cover the Subscription Fee, each of Third Party Provider and Music Choice reserve the right to suspend your access to the applicable Subscription Service, until such time as the Payment Method has been updated and the Subscription Fee is duly paid.
Cancellation
YOU CAN CANCEL YOUR SUBSCRIPTION AT ANY TIME. PLEASE NOTE THAT YOU MUST CANCEL YOUR SUBSCRIPTION BEFORE IT RENEWS IN ORDER TO AVOID BEING CHARGED FOR THE CYCLE'S SUBSCRIPTION FEE, SUBJECT TO YOUR SUBSCRIPTION PROVIDER’S APPLICABLE REFUND POLICY, IF ANY. If you cancel your Subscription, the cancellation will become effective as your Subscription Provider determines. You will continue to have access to your Subscription only through the cancellation date as determined by your Subscription Provider. Since you purchased your Subscription through your Subscription Provider, you need to cancel your Subscription directly with such Subscription Provider.
No Music Choice Refunds
REFUNDS WILL NOT BE PROVIDED BY MUSIC CHOICE FOR ANY SUBSCRIPTION WHETHER PURCHASED THROUGH MUSIC CHOICE OR A THIRD PARTY PROVIDER. MUSIC CHOICE DOES NOT PROVIDE CREDIT, REFUNDS, OR PRORATED BILLING FOR SUBSCRIPTIONS THAT ARE CANCELLED. Each Subscription Provider reserves the right to offer refunds, discounts or other consideration in select circumstances at its sole discretion. Please note that each circumstance is unique and election to make such an offer in one instance does not create the obligation to do so in another.
Free Trials, Discounts, and Promotional Offers:
The Subscription Services may be made available to you on a free trial basis for a limited time ("Trial Subscription"). The specific duration of the Trial Subscription will be specified in the applicable offer at sign-up. Trial Subscriptions may be limited to new Subscription Services subscribers who have not participated in a trial within a certain period, as specified. Your status as a new subscriber to the applicable Subscription Service(s) will be determined by Music Choice or the applicable Third Party Provider, in their sole discretion. These Terms of Use apply to any Trial Subscription, unless otherwise specified.
At the time of signing up for a Trial Subscription, you must provide a valid Payment Method in order to use the applicable Subscription Services during the Trial Subscription period. Your Payment Method will not be charged during the Trial Subscription period.
UNLESS YOU TIMELY CANCEL THE TRIAL SUBSCRIPTION BEFORE THE RENEWAL DATE, UPON THE EXPIRATION OF THE TRIAL SUBSCRIPTION THE SUBSCRIPTION FEE FOR THE SUBSCRIPTION SERVICE(S) WILL BE CHARGED TO YOUR PAYMENT METHOD.
If your Subscription Provider offers you a Trial Subscription or other promotion (e.g., a promotional price) for your Subscription, the specific terms of the promotion will be disclosed during your sign-up or in other materials describing the particular promotion. In the case of promotional pricing, after your promotion period ends, the Subscription Provider will begin billing your Payment Method for your Subscription at the regular Subscription Fee unless you duly cancel before the promotion period ends. You will not receive notice from Music Choice or your Third Party Provider that your Trial Subscription is about to end unless required by applicable law.
To find additional details about your Trial Subscription, including the date the Trial Subscription ends, please visit dashboard.musicchoice.com for the latest information contained in our records or if applicable, contact your Third Party Provider directly. This information may also be available on the checkout page before you complete the purchase of your Subscription.
Customer Support
Music Choice - Billed: For Customer Support inquiries related to the Subscription Services or your Subscription purchased directly through Music Choice (including Subscription Fee and Payment Method), please visit our MC Help Center at https://musicchoice.com/help/
If you are unable to resolve your question by visiting our MC Help Center at https://musicchoice.com/help/ or if you have reason to believe that your MC Subscription Account credentials have been compromised or misappropriated in some way, please contact Music Choice Customer Support toll-free at 877-869-7599 or send us an email at mcsupport@musicchoice.com
Third Party Provider - Billed: For Customer Support matters related to your Subscription billed through a Third Party Provider (including Subscription Fee and Payment Method) or other matters relating to billing through your Third Party Provider, please contact your Third Party Provider directly.
COPYRIGHT OWNERSHIP AND USE OF MUSIC CHOICE CONTENT
The Products contain copyrighted material, trademarks and other proprietary information, including videos, music, images, comments, articles, information, catalogs, brochures, data, text, software, photos, and graphics ("Content"). This Content is subject to copyrights owned by Music Choice and/or other individuals or entities, including Content Providers, and is protected by United States copyright laws.
YOU REPRESENT, WARRANT AND AGREE THAT YOU WILL USE THE PRODUCTS, AND THE CONTENT OFFERED THEREIN, ONLY FOR YOUR OWN PERSONAL PURPOSES AND NON-COMMERCIAL USE AND NOT FOR REDISTRIBUTION OR TRANSFER OF ANY KIND. Music Choice authorizes you to view a single copy of the material and Content in the Products solely for your personal, noncommercial entertainment use and such authorization does not extend to any third party (which third party use is expressly prohibited). You agree not to make any use of the Content that would infringe the copyright(s) therein, and in all circumstances, you understand and acknowledge that your rights with respect to the Content are limited by copyright law. You may not either directly or through the use of any device, software, internet site, web-based service, or other means, modify (including for the purpose of disguising or changing any indications of the ownership or source of the Content), publish, transmit, stream, upload, display, participate in the transfer, sale, rental or other redistribution, create derivative works of, or in any way exploit the Content (or any portion thereof) in the Products except as expressly provided herein. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of the Products or Content, or reproduce, reprint, copy, store, publicly display, broadcast, stream, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without Music Choice’s prior written consent. You may not, for any reason whatsoever, reverse engineer, decompile, disassemble, or circumvent any mechanisms included in the Products or Content for preventing the unauthorized reproduction or distribution of the Content or otherwise tamper with any security components, usage rules or other protection measures applicable to the Products or Content. You may not introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or damage, disable, overburden, impair, or gain unauthorized access to the Products, including Music Choice’s servers, computer network, or user accounts. You are expressly prohibited from directly or indirectly engaging in any unlawful activity in respect of any Content and the use of any Content in whole or in part for any unlawful purpose.
Any use of the Products or Content not expressly permitted by this Agreement is a breach of this Agreement and may violate U.S. copyright, trademark, and/or other laws. If you violate this Agreement, your permission to use the Products and the Content automatically terminates.
TRADEMARK RIGHTS
The names, trademarks, service marks, and logos of Music Choice belong exclusively to Music Choice and are protected from reproduction, imitation, dilution or confusing or misleading uses under trademark and copyright laws. All other trademarks, service marks, and logos (including third-party product names) are the property of their respective owners. The use or misuse of these trademarks is expressly prohibited and nothing stated or implied in the Products or related services confers on you any license or right under any copyright, patent, or trademark of Music Choice or any third party.
THIRD-PARTY SOCIAL NETWORKING SITES
You acknowledge and agree that your use of the Products is also subject to the terms of social media websites that you engage with through the Products or whose data you receive through your use of the Products, including, without limitation, the Twitter Terms of Service (http://twitter.com/tos) , Facebook Statement of Rights and Responsibilities (http://www.facebook.com/policies/?ref=pf), YouTube Terms Of Service http://www.youtube.com/t/terms ; if and when available, the Instagram Terms of Use, http://instagram.com/about/legal/terms/# ; and any other applicable terms and conditions or terms of service. Music Choice is not responsible for any content or activities offered by third party sites because we do not have any control over these sites and such sites are not governed by this Agreement. You should exercise caution and carefully review the privacy policy and terms of use applicable to these sites.
Music Choice does delete content received from external social networks when we receive notification that the content should be deleted. You also agree that Music Choice has no liability for such deletion or the failure to store or transmit any such content.
SUBMITTING USER CONTENT
Music Choice may provide various opportunities to interact with the Products and for viewers to submit user content, which may include messages, comments, information, thoughts, opinions, ideas, blogs, vlogs, still photographs, audiovisual recordings, sound recordings, animated works, likenesses, images, spoken word or other vocal sounds or recordings (the “User Content”). Some of the interactive features of the Products may include the display of polls, trivia questions, viewer generated messages and photos on certain music and video channels. User Content submissions may occur directly through the Products or via external websites such as Twitter.com, Facebook.com, or other third-party sites. You may also have the opportunity to submit User Content by sending email, or by uploading it on certain pages of the Products.
The terms and conditions of this Agreement apply to all User Content you submit. Further, all User Content submitted as described above will be collected and used in accordance with the terms of Music Choice’s Privacy Policy, which can be found at https://musicchoice.com/legal/privacy-policy/ .Each time you submit (or attempt to submit) any User Content to Music Choice, directly or indirectly, in connection with the Products, you will be confirming your acceptance of, and agreement to be bound by, all the terms and conditions of this Agreement and our Privacy Policy.
You may also have the opportunity to submit User Content through external sites and Music Choice (and other) applications. For any User Content submitted via a mobile device, certain message and data rates may apply; see your mobile carrier for details. User Content submitted, posted, or displayed through external sites and applications may be able to be viewed by other users and through third-party services and sites worldwide. Users also acknowledge that some information maintained by third-party sites such as name, username, handle, profile picture, and network may also be publicly available when content is submitted to Music Choice through a third-party site such as Facebook.com, Twitter.com and other social media sites. Users should only provide User Content they are comfortable sharing with others. For User Content submitted through external sites or applications, please carefully review the terms of use/service and privacy policy applicable to such sites or applications. In addition to this Agreement and Music Choice’s Privacy Policy, User Content you submit may also be governed by such third-party agreements.
Each time you submit User Content, you grant to Music Choice, its Distributors, partners, subsidiaries, assigns, and licensees (or warrant that the owner of such content has expressly granted such parties) a non-exclusive, royalty-free, sub-licensable, perpetual, irrevocable, worldwide, unlimited license to use, reproduce, edit, adapt, modify, publicly perform, transmit, publicly display and distribute all or any portion of such User Content, and to create derivative works of such user Content or incorporate it into other works, in any and all media or any form, format, or forum, now known or hereafter devised, for any purpose whatsoever (including, without limitation, for any promotional purposes). You understand that your User Content may be rebroadcast by Music Choice, its Distributors and partners and if you do not have the right to submit User Content for such use, it may subject you to liability. Each time you submit User Content, you represent and warrant that (i) you are at least 13 years old, and you understand that if you are not at least 18 years old, Music Choice recommends that you obtain your parent’s or legal guardian’s permission before submitting User Content, (ii) you have all necessary rights, consents and authority to grant the rights and licenses described herein, including without limitation, all copyrights and other related rights of any person or entity, including any right of privacy or publicity (e.g., you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content), (iii) waive any and all moral rights that you have in and to the User Content; (iv) neither Music Choice nor any of its Distributors, partners or sub-licensees shall be obligated to make any payments to you, third parties claiming through you or otherwise, music publishers, mechanical rights agents, performance rights societies, persons who contributed to or appear in the User Content or any unions or guilds in connection with the use of any User Content as contemplated herein, (v) the User Content does not and shall not when used as authorized herein, infringe any copyright or any other third-party right (e.g., does not contain “samples” of any third party’s video or sound recording or musical composition), or violate any applicable law or regulation, and (vi) the User Content does not violate the User Content Standards and Rules of Conduct provided below.
Each time you submit User Content, you agree to indemnify, defend and hold Music Choice and its Distributors and partners harmless from and against any third party claim arising from use of the User Content. Each time you submit User Content, you waive any right of privacy or publicity you may have with respect to the use of the User Content. You understand and agree that no use of your User Content, nor any commercial, advertisement, promotional, marketing or other material associated with your User Content, need be submitted to you for approval. You acknowledge that you are not entitled to any monetary payment or other consideration in connection with Music Choice’s (or its Distributors’ or partners’) use of the User Content as contemplated herein.
Music Choice does not assert ownership of any User Content and you are entirely responsible for everything you upload, post, email or otherwise make available for display in the Products. You are solely responsible for the User Content (and the consequences of its transmission and display in the Products) submitted in your name, via your mobile device or your email address.
USER CONTENT STANDARDS AND RULES OF CONDUCT
All viewers of the Products acknowledge that User Content does not reflect the views of Music Choice, its Distributors, Content Providers, licensors, advertisers, contractors/agents, vendors or partners (collectively, “Music Choice Related Parties”). In no event will Music Choice or Music Choice Related Parties assume or have any responsibility or liability for any User Content (including without limitation, for failure to monitor or edit any User Content) or for any claims, damages or losses resulting from the use of User Content in the Products. Music Choice makes no warranties, express or implied, as to the accuracy or reliability of any User Content.
Music Choice reserves the right, in its sole discretion, to choose which, if any, User Content will appear in the Products. Music Choice does not guarantee that any User Content will be displayed, hosted or used in the Products. To be considered for display or use in the Products, User Content must meet all specifications and requirements relating to content, formatting, compatibility, etc. as described herein or as otherwise determined by Music Choice. Music Choice will have the right to (i) edit, modify or change the User Content in any manner in connection with its use or display in the Products and (ii) remove or refuse to distribute any User Content in the Products.
Notwithstanding the foregoing, you agree that you will not submit User Content that:
You agree that you will not use the Products or submit any User Content for any commercial purpose, including without limitation, submitting User Content containing statements or materials that constitute commercial electronic messages, such as junk mail or spam, for the advertising or offering of goods or services or commercial solicitation of any kind without the prior written consent of Music Choice.
Your use of the Products and participation in the related services are subject to all applicable local, state, provincial/territorial and federal laws and regulations. Music Choice reserves the right, in its sole discretion, to revoke the privileges of users who do not comply with all applicable terms of this Agreement, including without limitation, by blocking specific IP addresses or mobile phone numbers. You are responsible for maintaining the confidentiality of your identity and for all activities that occur from your mobile device account or email address.
Music Choice may provide the technical means for you to share User Content you have submitted to your friends. You acknowledge and agree that such communications will not be monitored or screened by Music Choice. We reserve the right, but not the obligation, to monitor or screen the content of such messages and to refuse to permit the sharing of any messages or other content that Music Choice, in its sole discretion, determines to be in violation of the terms of this Agreement or otherwise objectionable. Neither Music Choice nor the Music Choice Related Parties will have any responsibility or liability for the content of such communications.
If you believe any User Content violates any terms of this Agreement or the rights of any third party, please send an email to policy@musicchoice.com. We have no obligation to respond or reply to any notifications you send us and we reserve the right to take any action or no action in our sole discretion.
USING THE PRODUCTS VIA YOUR MOBILE DEVICE; THIRD PARTY PROMOTIONS
To interact with the Products via your mobile device you must use a wireless device that has internet capability and be a wireless service subscriber. Message and data rates may apply and you understand and agree that you will be charged these rates by your wireless carrier for all interaction (including messages and posts) sent by or to your mobile device. You may also be required to have access to the Apple App Store, the Android Market, or similar application “markets”, or be a Distributor subscriber, to access some of our Products.
The Products with which you interact may contain promotional messages relating to Music Choice services or promoting the products and services of third-party advertisers. If you choose to register for or subscribe to any such third-party product or service, any further correspondence between you and such third party including, without limitation, any resulting contractual agreements, are solely between you and the advertiser/third party and, as such, neither Music Choice nor any of the Music Choice Related Parties shall be responsible for upholding any applicable terms, conditions, representations or warranties made by such advertiser/third party in connection therewith and shall otherwise have no liability associated with your interaction with such advertiser/third party.
UPDATES AND UPGRADES
As a user of the Products, you are entitled to receive software updates or upgrades for your device(s), and you may be required to install or allow installation as a condition of continued use of the Products. Updates or upgrades can be necessary for reasons such as enabling new features or enhancing security. You consent to receive updates and upgrades automatically through the Internet without obtaining further consent each time. The Products may: (i) cause your device to automatically communicate with Music Choice’s servers to deliver the functionality described in the product description or through new features as they are introduced, and to record usage metrics; (ii) affect preferences or data stored on your device; and (iii) collect personal information as set out in our Privacy Policy ( https://musicchoice.com/legal/privacy-policy/ ). You can withdraw your consent at any time under certain conditions by contacting us at policy@musicchoice.com or as provided in our Privacy Policy. We will not be responsible if an update or upgrade affects how your device works if this is caused by your own equipment – such as your mobile device or broadband not supporting the update or upgrade.
PROFILES AND USERNAME/PASSWORD
Certain aspects of the Products may permit or require you to register or create an Authorized User profile. Currently, you may create an Authorized User profile(s) if you have access to Music Choice’s mobile application or television application commonly known as the Music Choice Enhanced Television Application, or you are subscribing to the Music Choice PLUS and/or the Music Choice audio only app Subscription Services. You agree that the information you supply during that registration/profile creation process will be accurate and complete. In the event you are asked to select a username, you also agree not to (i) select, create or attempt to create, or use a username with the intention of impersonating another person; (ii) use a username of anyone else without authorization; (iii) use a username in violation of the intellectual property rights of any person; or (iv) use a username that Music Choice considers to be offensive. Music Choice reserves the right to reject or terminate any username or password that, in its sole discretion, it deems offensive or in any way a violation of this Agreement. You will be responsible for preserving the confidentiality of your password and will notify Music Choice of any known or suspected unauthorized use of your account. Further, you agree that you are responsible for all statements made and acts or omissions that occur on your account while your username and password are being used. If you believe someone has used your password or account without your authorization, you must notify Music Choice immediately. Music Choice reserves the right to access and disclose any information including, without limitation, user names of accounts and other information to comply with applicable laws and lawful government requests.
If you are a parent or legal guardian and wish to make your minor child an Authorized User you can create a profile for that minor child ("Kid's Profile"), where you will be required to create a "PIN" and set a Maximum Content Rating (similar to parental controls) in order to control what Content each Authorized User of a Kid’s Profile is allowed to view on the Products. You are responsible for monitoring whether your minor child uses the Kid's Profile. In order to customize the viewable Content for each Authorized User of a Kid's Profile, please visit the Kid’s Profile on the Music Choice mobile application, the Music Choice Enhanced Television Application, or at dashboard.musicchoice.com. By adding a Kid's Profile, you represent and warrant that you are the parent or legal guardian of each minor child affiliated with the Kid's Profile and that you have legal capacity to provide legally binding consent and authorizations as provided in these Terms of Use and our Privacy Policy, both individually and as parent or legal guardian on behalf of each Authorized User. See also our Privacy Policy for additional information regarding how Music Choice manages information related to children ( https://musicchoice.com/legal/privacy-policy/ ).
FEEDBACK
From time to time Music Choice may invite you to provide us with feedback, comments or other information (“Feedback”). We welcome your Feedback, as it helps us to make our Products even better for you and all our subscribers. By submitting Feedback, you agree that we are free to use the Feedback to improve the Products or for any other purpose permitted by applicable law.
NO SPAMMING OR SPIMMING
From time to time, users post their e-mail addresses or usernames and handles utilized on third-party social media sites such as Twitter and Facebook in our chat rooms, forums, blogs and other public posting areas. You may not harvest or otherwise collect or store any information (including personal information) about other users, including e-mail addresses or user names and handles for commercial or illegal purposes, such as sending unsolicited or unrequested e-mail or instant messages.
NO FRAMING
Without the prior written permission of Music Choice, you may not frame, or make it appear that a third-party site is presenting or endorsing, any of the Content of the Products, or incorporate any intellectual property of the Products, Music Choice or any of their licensors into another website or other service.
DISCLAIMER OF WARRANTY
EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW, THE PRODUCTS AND THE RELATED SERVICES (INCLUDING ANY USER CONTENT TRANSMITTED OR DISPLAYED IN THE PRODUCTS) ARE PROVIDED “AS IS” AND YOUR PARTICIPATION IN OR USE OF THE PRODUCTS IS AT YOUR OWN RISK. MUSIC CHOICE AND EACH MUSIC CHOICE RELATED PARTY EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, MUSIC CHOICE AND THE MUSIC CHOICE RELATED PARTIES DO NOT WARRANT THAT ANY CONTENT DISPLAYED IN THE PRODUCTS (INCLUDING USER CONTENT) WILL BE ACCURATE, RELIABLE OR CORRECT; THAT THE PRODUCTS AND RELATED SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE PRODUCTS AND RELATED SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRRUPTED OR SECURE OR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, MUSIC CHOICE AND THE MUSIC CHOICE RELATED PARTIES ARE NOT RESPONSIBLE FOR LOST, INCOMPLETE, LATE, DAMAGED OR MISDIRECTED TEXT OR OTHER MESSAGES, POSTS OR USER CONTENT SUBMISSIONS; FAILURES OR MALFUNCTIONS OF WIRELESS HANDSETS OR OTHER EQUIPMENT, TELEPHONE SYSTEMS, WIRELESS SERVICES OR OTHER COMMUNICATION MALFUNCTIONS; OR ANY OTHER ERROR, OMISSION, INTERRUPTION, DEFECT OR DELAY IN TRANSMISSION OR COMMUNICATION.
PRIVACY POLICY
Music Choice respects the privacy concerns of our viewers and users of the Products. For general information concerning the collection and use of information by Music Choice, please refer to our Privacy Policy at https://musicchoice.com/legal/privacy-policy/ , the terms of which are incorporated herein by reference. Please be aware that subject to applicable law, Music Choice shares certain of your data and information with third parties (including Content Providers), all as set forth in and subject to our Privacy Policy.
LIMITATION OF LIABILITY
EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES WILL MUSIC CHOICE, ANY OF THE MUSIC CHOICE RELATED PARTIES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PARTY FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR OTHER INDIRECT DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, OR ANY OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE PRODUCTS, THE CONTENT OR ANY COMMUNICATIONS OF THE PRODUCTS OR RELATED SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MUSIC CHOICE OR ANY MUSIC CHOICE RELATED PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, WHEN USING THE PRODUCTS AND SERVICES, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM WHICH IS BEYOND THE CONTROL AND JURISDICTION OF MUSIC CHOICE AND THE MUSIC CHOICE RELATED PARTIES OR ANY OTHER THIRD PARTY MENTIONED ON THE PRODUCTS. ACCORDINGLY, MUSIC CHOICE ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE PRODUCTS.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH MUSIC CHOICE IS TO DISCONTINUE YOUR USE OF THE PRODUCTS. IN NO EVENT SHALL MUSIC CHOICE’S LIABILITY, OR THE LIABILITY OF ANY MUSIC CHOICE RELATED PARTY, FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE PRODUCTS OR CONTENT CONTAINED THEREIN, EXCEED THE LESSER OF (1) THE TOTAL AMOUNT OF FEES THAT YOU PAID DURING A ONE-YEAR PERIOD FOR THE SPECIFIC PRODUCT AT ISSUE, OR (2) THE AMOUNT PAID FOR THE SPECIFIC ITEM OF CONTENT GIVING RISE TO THE APPLICABLE CLAIM FOR DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTE THAT THIS SECTION DOES NOT APPLY TO NEW JERSEY RESIDENTS.
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to any principles of conflicts of law.
DISPUTES
BY USING THE PRODUCTS, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR ANY CONTROVERSY, CLAIM, ACTION OR DISPUTE ARISING OUT OF OR RELATED TO YOUR USE OF THE PRODUCTS AND RELATED SERVICES (EXCLUDING DISPUTES RELATED TO OR INVOLVING MUSIC CHOICE’S INTELLECTUAL PROPERTY), OR THE BREACH, ENFORCEMENT, INTERPRETATION, OR VALIDITY OF THIS AGREEMENT (EACH, A “DISPUTE”) WILL BE DECIDED BY BINDING ARBITRATION, AND NOT IN COURT, ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. Any Dispute shall be exclusively resolved by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. The arbitration will be held in Montgomery County, Pennsylvania or Philadelphia, Pennsylvania (as Music Choice may elect) before a sole arbitrator mutually agreed upon by both parties who is a licensed attorney with at least 15 years of experience in commercial law. Any award or order rendered by the arbitrator shall be binding with no right of appeal, and may be confirmed as a judgment or order in a court with competent jurisdiction.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including any claim that all or any part of this Agreement is void or voidable.
Nothing herein will be construed to prevent or limit the right of any party to seek injunctive or similar relief in any court having jurisdiction over the parties, and such action or remedy will not waive such moving party’s right to compel arbitration of any Dispute.
MISCELLANEOUS PROVISIONS
Music Choice's performance of its obligations under this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Music Choice's right to comply with governmental, court and law enforcement requests or requirements relating to User Content or your use of the Products and related services or information provided to or gathered by Music Choice with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions of this Agreement shall continue in full force and effect. This Agreement, together with our Privacy Policy and any applicable End User License Agreement (“EULA”) if you are using a Music Choice mobile or television application, constitutes the entire agreement between you, the end-user, and Music Choice with respect to the Products and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Music Choice with respect to the Products. Any rights not expressly granted herein are reserved.
CONTACT US
Thank you for taking the time to read our Terms of Use! Please contact us with any questions or comments at:
Music Choice
650 Dresher Road
Horsham, PA 19044
Attn: Legal Department