TERMS AND CONDITIONS
Updated as of May 2013
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
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 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.
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.
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.
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.
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.
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.
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: SVP & General Counsel