MUSIC CHOICE ®
Updated as of June 2018
By accessing the Sites or participating in any of the Services, you agree to be bound by the terms and conditions of this Agreement and any applicable laws. 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 the Sites. 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 Sites or the Services after the posting of any such changes, you signify your agreement to be bound by the changes.
Music Choice reserves the right, in its sole discretion, to add, change, modify or discontinue, temporarily or permanently, the Sites or any of the Services with or without notice. Neither Music Choice nor its Distributors 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 SUBMIT ANY CONTENT FOR DISPLAY ON ANY OF THE SITES OR SERVICES. IF YOU ARE UNDER 13 YEARS OF AGE, IN NO EVENT MAY YOU REGISTER ON OR USE THE SITES, SUBMIT CONTENT OR PARTICIPATE IN THE SITES OR SERVICES IN ANY WAY THAT COULD RESULT IN YOU SHARING ANY OF YOUR PERSONAL INFORMATION . YOU MUST BE A RESIDENT OF THE UNITED STATES TO PARTICIPATE IN THE SITES AND SERVICES.
COPYRIGHT OWNERSHIP AND USE OF MUSIC CHOICE CONTENT
The Sites and Services contain copyrighted material, trademarks and other proprietary information, including videos, music, comments, articles, information, catalogs, brochures, data, text, software, photos, and graphics ("Content"). This Content is subject to copyrights owned by Music Choice and other individuals or entities and is protected by United States copyright laws.
YOU MAY USE THE SITES AND SERVICES, AND THE CONTENT OFFERED ON THEREON, ONLY FOR PERSONAL PURPOSES. Music Choice authorizes you to view a single copy of the material on the Sites solely for your personal, noncommercial use. You may not either directly or through the use of any device, software, internet site, web-based service, or other means, modify, publish, transmit, stream, upload, display, participate in the transfer or sale, create derivative works of, or in any way exploit the Content of the Sites or Services or any portion of such Content 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 Sites 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 our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the 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 Sites or Services, including Music Choice's servers, computer network, or user accounts.
Any use of the 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 Content automatically terminates.
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 on the Sites or 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
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 Sites and Services 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 Sites and Services 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 Sites 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 Sites.
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 on the Sites or Services. You are solely responsible for the User Content (and the consequences of its transmission and display on the Sites or Services) submitted in your name, via your mobile device or your email address.
USER CONTENT STANDARDS AND RULES OF CONDUCT
All viewers of the Sites and the Services acknowledge that User Content does not reflect the views of Music Choice, its Distributors or partners. In no event will Music Choice, its Distributors or partners 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 on the Sites or any of the Services. 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 on the Sites or in the Services. Music Choice does not guarantee that any User Content will be displayed, hosted or used on the Sites or in the Services. To be considered for display or use on the Sites or in the Services, 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 display on the Sites or use in the Services and (ii) remove or refuse to distribute any User Content on the Sites or Services.
Notwithstanding the foregoing, you agree that you will not submit User Content that:
You agree that you will not use the Sites or Services 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 Sites and participation in the 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 its Distributors or partners 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 firstname.lastname@example.org. 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 SERVICES OR SITES VIA YOUR MOBILE DEVICE; THIRD PARTY PROMOTIONS
To interact with the Services or Sites 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 Sites or Services.
The Services or Sites 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 its Distributors nor partners shall be responsible for upholding any applicable terms, conditions, representations or warranties made by the advertiser/third party in connection therewith and shall otherwise have no liability associated with your interaction with such advertiser/third party.
UPDATES AND UPGRADES
Certain aspects of the Services and Sites may require you to register. You agree that the information you supply during that registration process will be accurate and complete. In the event you are asked to select a username, you also agree not to (i) select, register or attempt to register, 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.
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.
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 Sites, or incorporate any intellectual property of the Sites, 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 Sites and the Services (INCLUDING ANY USER CONTENT TRANSMITTED OR DISPLAYED ON the Services) ARE PROVIDED "AS IS" AND YOUR PARTICIPATION IN OR USE OF THE SITE AND THE SERVICES IS AT YOUR OWN RISK. MUSIC CHOICE, ITS DISTRIBUTORS AND PARTNERS 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 ITS DISTRIBUTORS, partners, LICENSORS AND ADVERTISERS DO NOT WARRANT THAT ANY CONTENT DISPLAYED ON The Services OR SITES (INCLUDING USER CONTENT) WILL BE ACCURATE, RELIABLE OR CORRECT; THAT The Services AND SITES WILL MEET YOUR REQUIREMENTS, THAT The Services AND SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRRUPTED OR SECURE. WITHOUT LIMITING THE FOREGOING, MUSIC CHOICE AND ITS affiliates 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.
LIMITATION OF LIABILITY
IN THIS SECTION, EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES WILL MUSIC CHOICE, ITS DISTRIBUTORS, GENERAL PARTNERS, PARENTS, AFFILIATES, SUBSIDIARIES, PARTNERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY MONEY DAMAGES (including, without limitation, incidental, consequential 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 SITES OR SERVICES, the Content or any communications of the Sites or services, whether based on warranty, contract, tort, or any other legal theory, and whether or not Music Choice is advised of the possibility of such damages.
In addition, when using the Sites AND SERVICES, information will be transmitted over a medium which is beyond the control and jurisdiction of MUSIC CHOICE, its partners, advertisers, and sponsors or any other third party mentioned on the Sites. 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 Sites.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH Music Choice IS TO DISCONTINUE YOUR USE OF THE SITES OR SERVICES. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES AND SUBSIDIARIES, FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITES OR SERVICES EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE.
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.
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.
BY USING THE SITES OR SERVICES, 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 SITES OR SERVICE (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.
Please contact us with questions, comments, or to have data that you have submitted to Music Choice deleted:
650 Dresher Road
Horsham, PA 19044
Attn: EVP & General Counsel