MUSIC CHOICE
TERMS AND CONDITIONS
TERMS OF USE AGREEMENT
Updated as of May 2013
INTRODUCTION
Music
Choice offers its music-related programming, including the MUSIC CHOICE® audio service, the MUSIC CHOICE®
video-on-demand service, and SWRV® (collectively, the
"Services"), through its third party affiliates
(collectively, “Distributors”) as part of their digital television and
broadband internet services. This is the website associated with the Services
(the “Site”) and it includes all websites and webpages that are associated with
www.musicchoice.com. These are the official Terms of Use that
govern the content, features, and activities related to the Site and the
Services. These Terms of Use constitute a legally binding agreement (the
“Agreement”) between you and Music Choice, so please read them carefully before
using the Site or the Services. By browsing the Site or participating in any of
the Services, you agree to be bound by the terms and conditions of this
Agreement and any applicable laws. The Distributors are third party
beneficiaries of this Agreement.
Music
Choice reserves the right, in its sole discretion, to change the terms of this
Agreement at any time by updating the Site. You should check back frequently
and review these terms of use 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 Site 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, 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 NOT AT LEAST 18 YEARS OLD, YOU MUST HAVE YOUR PARENT’S OR LEGAL
GUARDIAN’S PERMISSION BEFORE YOU SUBMIT ANY CONTENT FOR DISPLAY ON ANY OF THE
SERVICES. IN NO EVENT MAY YOU USE THE SITE, SUBMIT CONTENT OR PARTICIPATE IN
THE SERVICES IN ANY WAY IF YOU ARE UNDER 13 YEARS OF AGE. YOU MUST BE A
RESIDENT OF THE UNITED STATES TO PARTICIPATE IN THE SERVICES.
THIRD-PARTY SOCIAL NETWORKING SITES
You
acknowledge and agree that your use of the Services is also subject to the
terms of social media websites that you engage with through the Services or
whose data you receive through your use of the Services, including, without
limitation, the Twitter Terms of Service http://twitter.com/tos, Facebook Terms http://www.facebook.com/policies/?ref=pf, YouTube Terms Of Use http://www.youtube.com/t/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 look at 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 provides various opportunities to interact with the Services and for
viewers to submit user content, which may include text, 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 Service include SHOWOFFTM,
where selected music channels will display polls, trivia questions, viewer
generated text messages and photos during designated time periods; and SWRV®,
the 24 hour interactive video network that will incorporate viewer generated
content into the programming. User Content submissions may occur directly
through the Site or via external websites such as Twitter.com, Facebook.com, or
other third-party sites.
You
can submit User Content by sending SMS text messages to the short codes
indicated on the screen of the Services (message and data rates may apply),
email, or by uploading it on certain pages of the Site, including http://www.musicchoice.com/showoff/, www.musicchoice.com
and swrv.tv. The terms and conditions of this Agreement apply to all
User Content you submit. Each time you submit (or attempt to submit) any User
Content to Music Choice, directly or indirectly, in connection with the
Services, you will be confirming your acceptance of, and agreement to be bound
by, all the terms and conditions of this Agreement.
You
can also submit User Content through external sites and applications.
User Content submitted, posted, or displayed through external sites and
applications will 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, 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 and
Twitter.com. Users should only provide User Content they are comfortable
sharing with others.
Each
time you submit User Content, you grant to Music Choice, its Distributors,
partners ,subsidiaries, assigns, licensees, the non-exclusive, royalty-free,
sub-licensable, perpetual, worldwide license to use, reproduce, edit, publicly
perform, transmit, publicly display and distribute all or any portion of such
User Content and to create derivative works of, or incorporate it into other
works, in any and all media, 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 if you are not at least 18 years old, then you
have the express permission of your parent or legal guardian to submit 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) 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, (iv) 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 (v)
the User Content is not defamatory, pornographic, obscene, and all factual
assertions made therein are true and complete.
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 Site or Services. You are solely responsible for the User
Content (and the consequences of its transmission and display on the Site 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 Site 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 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 User Content
will appear on the Site or in the Services. Music Choice does not guaranty that
any User Content will be displayed, hosted or used on the Site or in the
Services. To be considered for display or use on the Site 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 Site or use in the Services and (ii) remove or refuse to
distribute any User Content on the Site or Services.
Notwithstanding
the foregoing, you agree that you will not submit User Content that:
You
agree that you will not use the Services or submit any User Content for any
commercial purpose, including without limitation, 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 Site and participation in the Services are subject to all applicable
local, state 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 forward User Content you have
submitted to your friends via email. 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 forward any such messages 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 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.
MOBILE TEXT MESSAGE ADMINISTRATION
AND THIRD PARTY PROMOTIONS
Music
Choice contracts with third parties to receive and administer the mobile text
messages in connection with the Services. To interact with the Services via
your mobile device you must use a wireless device that is capable of two-way
messaging and be a wireless service subscriber with text messaging service. The
following services currently allow interaction with the Services: Alltel,
Appalachian Wireless, AT&T, Bluegrass Cellular, Boost, Cellcom,
Cellular One, Cellular One of East Central Illinois, Cellular South, Centennial
Wireless, Cincinnati Bell, Cricket, Immix Wireless, Nextel, Revol
Wireless, Sprint, Unicel, T-Mobile, U.S. Cellular,
Verizon Wireless, Virgin Mobile, West Central
Wireless. Message and data rates may apply and you understand and agree that
you will be charged these rates by your wireless carrier for all messages
(including bounce back messages) sent by or to your mobile device. Bounce back
messages 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 or 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. User receives one
(1) message per request. To get
help in connection with mobile text messaging relating to the Service at any
time call 888-782-2180 or text HELP to 79787 for help with SWRV or text HELP to
898262 for help with ShowOff, or go to www.musicchoice.com. To stop receiving any future text messages in connection
with the Service send STOP, QUIT, CANCEL, END or UNSUBSCRIBE to 79787 to stop messages
from SWRV or send STOP, QUIT, CANCEL, END or UNSUBSCRIBE to 898262 to stop
messages from ShowOff.
USERNAME/PASSWORD
To
obtain access to certain services on the Site, you may be given an opportunity
to register with the Site. 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 user name of another person
with the intention of impersonating that person; (ii) use a user name of anyone
else without authorization; (iii) use a user name in violation of the
intellectual property rights of any person; or (iv) use a user name that Music
Choice considers to be offensive. Music Choice reserves the right to reject or
terminate any user name or password that, in its judgment, it deems offensive.
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 password is 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 in our chat rooms, forums,
blogs and other public posting areas. You may not gather these e-mail addresses
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 Site, or incorporate any intellectual property of the Site, Music Choice
or any of their licensors into another website or other service.
DISCLAIMER OF WARRANTY
The Site 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 OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES 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
(INCLUDING USER CONTENT) WILL BE ACCURATE, RELIABLE OR CORRECT; THAT The
Services WILL MEET YOUR REQUIREMENTS, THAT The Services 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 messages; 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 Site and
the Services. For general information concerning the collection and use of
information by Music Choice, please refer to our Privacy Policy at http://www.musicchoice.com/PrivacyPolicy.htm, the terms of which are incorporated herein by reference.
INDEMNIFICATION
You
agree to indemnify, defend and hold harmless, Music Choice and its
Distributors, and their respective partners, affiliates, subsidiaries,
officers, directors, employees, agents, licensors and representatives, from and
against any and all losses, expenses, damages and costs, including reasonable
attorneys' fees, resulting from violation of any terms this Agreement by you
(including, without limitation, any breach or alleged breach of any of your
representations, warranties or undertakings hereunder). Music Choice reserves
the right to assume, at its sole expense, the exclusive defense and control of
any matter subject to indemnification by you, in which event you will fully
cooperate with Music Choice in asserting any available defenses.
LIMITATION OF LIABILITY
UNDER
NO CIRCUMSTANCES WILL MUSIC CHOICE, ITS DISTRIBUTORS, GENERAL PARTNERS,
PARENTS, AFFILIATES, SUBSIDIARIES, PARTNERS, OR ANY OF THEIR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES BE LIABLE TO
YOU OR ANY OTHER PARTY FOR ANY MONEY DAMAGES OR ANY OTHER LIABILITY ARISING OUT
OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, INCLUDING WITHOUT
LIMITATION, LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES,
HOWEVER ARISING, INCLUDING NEGLIGENCE. 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.
GOVERNING LAW
This
Agreement shall be governed by and construed in accordance with the laws of the
State of New York, without giving effect to any principles of conflicts of law.
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 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, constitutes the entire agreement between you,
the end-user, and Music Choice with respect to the Services and it supersedes
all prior or contemporaneous communications and proposals, whether electronic,
oral or written, between you and Music Choice with respect to the Services. Any
rights not expressly granted herein are reserved.
CONTACT US
Please contact us with questions,
comments, or to have data that you have submitted to Music Choice deleted:
Music Choice
650 Dresher Road
Horsham, PA 19044
Attn: SVP & General Counsel