Terms of Use - Canada

Effective Date: January 26, 2026


Version en Français: https://www.iheart.com/content/terms-fr-ca/

QUICK GUIDE TO CONTENTS

      1. CHANGES TO THESE TERMS
      2. MOBILE DEVICES
      3. PRIVACY AND PROTECTION OF PERSONAL INFORMATION
      4. ACCOUNTS, SECURITY, PASSWORDS
      5. USER CODE OF CONDUCT
      6. FEES
      7. PREMIUM SERVICES
      8. EXCEPTIONS
      9. DISCLAIMER OF WARRANTIES
      10. LIMITATIONS ON LIABILITY
      11. INDEMNIFICATION
      12. MODIFICATION/TERMINATION BY IHEART
      13. LINKS
      14. SOFTWARE AND DOWNLOADS AVAILABLE THROUGH THE SITE
      15. NO INTERNATIONAL USE
      16. PURCHASES FROM THIRD-PARTY MERCHANTS
      17. ADVERTISEMENTS, SPONSORSHIPS, CO-PROMOTIONS AND OTHER PARTNERSHIPS
      18. USER MATERIALS; UNSOLICITED SUBMISSIONS OF WORKS AND ENGAGEMENT WITH THE SITE
      19. ADDITIONAL SERVICES
      20. CONTESTS/SWEEPSTAKES
      21. ARTIFICIAL INTELLIGENCE
      22. INTELLECTUAL PROPERTY
      23. DISPUTE RESOLUTION
      24. GENERAL

The Sites are intended only for individuals or businesses in Canada. Although the Sites may be accessed from around the world, they have been designed to comply with the laws of Canada. If any material on the Sites, or your use of the Sites, is contrary to the laws of the country where you are when you access it/them, the Site is not intended for you, and you should not access or use them. See Section 15.

Your use of the Sites is personal to you and subject to your compliance with these Terms. Please read these Terms carefully before using the Sites. Your use of the Sites constitutes your acceptance to be bound by these Terms without limitation, qualification or change. If at any time you do not accept all the terms and conditions of these Terms, you must not use the Sites. These Terms set forth iHeart’s policies solely with respect to its operation of the iHeart Sites. Other terms and policies may govern iHeart’s non-Internet operations. 

If you are entering into these Terms on behalf of a company, business, or other legal entity, by using the Sites you represent that you: (a) are of the age of majority in your province or territory of residence, and (b) have the authority to bind such entity to these Terms. In this case ‘you’ means the company, business, or other legal entity on whose behalf you are proceeding.

If you are entering into these Terms for your personal, non-business use of the Site, you represent that: (a) you are a legal resident of Canada; (b) you are at or above the legal age of majority in your jurisdiction of residence or if you are not, that you are 14 years or older and have obtained parental or guardian consent to enter into these Terms; and (c) you own or have sufficient authorization to use the computer, mobile device, technology or other device you use to access this iHeart Site (collectively, “Device”). YOU MAY NOT USE ANY IHEART SITE OR SERVICE IF YOU ARE UNDER THE AGE OF 14.

Some parts of this iHeart Site may contain adult content intended for people who are at or above the legal age of majority in their jurisdiction of residence. By viewing this adult content, you are representing that you are at or above such legal age of majority and that the content is acceptable to you.

Certain products or services offered by the Sites (each an “iHeart Internet Service,” and collectively “iHeart Internet Services”) may be governed by additional terms (“Additional Terms”) presented to you in conjunction with those products or services. You agree to these Additional Terms when using those areas or iHeart Internet Services. The Additional Terms and these Terms taken together, shall apply to your use of the iHeart Internet Services. In the event of an inconsistency between the Additional Terms and these Terms, the Additional Terms shall control. 

YOU MAY NOT USE ANY IHEART SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS, AND/OR ANY ADDITIONAL TERMS. YOUR ACCESS TO ANY IHEART SITE MAY BE TERMINATED IMMEDIATELY IN IHEART’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THESE TERMS AND/OR ANY APPLICABLE ADDITIONAL TERMS, OR FOR ANY OTHER REASON IN OUR SOLE DISCRETION, OR FOR NO REASON AT ALL. 

1. CHANGES TO THESE TERMS

iHeart reserves the right, in its sole discretion, to modify, alter, or otherwise change these Terms and/or the Additional Terms at any time. iHeart will notify you of any changes to these Terms and/or the Additional Terms by updating the “Effective Date” at the top of the page where such terms are posted and by sending you written notice of material changes to your email address setting out the new or amended clauses, and the date on which the change(s) come into effect. Your continued use of this iHeart Site constitutes your acceptance and agreement to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue use of this iHeart Site and/or the iHeart Internet Service to which the changes may apply. 

2. MOBILE DEVICES

You are responsible for obtaining and maintaining at your own expense all equipment, hardware, software, and telephone, cable, mobile, wireless, Internet and other services necessary to access, visit and/or use the iHeart Internet Service. If you are accessing the iHeart Internet Service via a mobile device, your mobile carrier may charge you fees for data, text messaging, and other mobile access or communications services.

3. PRIVACY AND PROTECTION OF PERSONAL INFORMATION

For information on how personal information is collected, used, disclosed and protected by iHeart in connection with your use of the iHeart Site, please consult the iHeart Privacy Notice and, for iHeart.com, both the iHeart Privacy Notice and the  Bell Media Privacy Policy. By using this iHeart Site you agree to the terms of the applicable Policy or Policies.

4. ACCOUNTS, SECURITY, PASSWORDS

If this iHeart Site or iHeart Internet Service requires you to open an account, you must complete the specified registration process by providing us with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to maintain current, complete, and accurate registration data. After you have fully completed the registration, you may be asked to choose a password and a username. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You may cancel your account by contacting customer service or by following the instructions in any applicable Additional Terms. 

You are responsible for any username and password that is associated with your account. It is your responsibility to maintain the confidentiality of your password, if one is established. You are entirely responsible for any and all activities that occur under your account, and agree to notify us immediately of any unauthorized use of your account. 

5. USER CODE OF CONDUCT

In accessing and using this iHeart Site and/or the iHeart Internet Services, you agree that you will not: 

  • Deliver any unsolicited advertisement, promotional materials, junk email, bulk email (also known as “spam”), chain letters, surveys or contests, or solicit participation in any pyramid schemes.
  • Deliver any unlawful (according to applicable law or regulation) postings to or through this iHeart Site, or any postings which advocate illegal activity.
  • Deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable.
  • Deliver, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability.
  • Deliver, or provide links to, any postings containing defamatory, false or libelous material.
  • Deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity.
  • Deliver any posting to that you do not have a right to make available under law or contractual or fiduciary relationships. Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another.
  • Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver.
  • Deliver any posting containing personal information, such as phone numbers, social security numbers, account numbers, addresses or employer references.
  • Use this iHeart service in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of this iHeart Site or other users’ Devices, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment.
  • Attempt to gain unauthorized access to this iHeart Site, any related website, other accounts, computer system, or networks connected to this iHeart Site, through hacking, password mining, or any other means.
  • Obtain or attempt to obtain any materials or information through any means not intentionally made available through this iHeart Site, including harvesting or otherwise collecting information about others such as email addresses. 

6. FEES

Except where otherwise provided, access to and use of this iHeart Site and the iHeart Internet Services are currently available without charge. iHeart reserves the right at any time in the future to charge a fee for access to or use of any iHeart Site or iHeart Internet Service that is currently available without charge. Your access to or use of any iHeart Site while it is available at no charge does not entitle you to use of that iHeart Site without charge in the future.

7. PREMIUM SERVICES

Some iHeart subscription services, may be offered to you conditioned on your payment of a fee (each, an “iHeart Premium Service”). By using the iHeart Premium Service, you agree that in addition to these Terms, you will be subject to any charges and rules set forth in the Additional Terms for that service. The Additional Terms may include automatic renewals and periodic recurring charges (e.g., monthly, quarterly, or annually), and details about our third-party payment processor and any terms and conditions that it may have in order for you to use its services. Your payment method will be charged until you cancel the iHeart Premium Service.

Terms and Conditions for any Subscription to an iHeart site are available here.


8. EXCEPTIONS

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES, EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES AND DAMAGES, SO SOME OF THE FOLLOWING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, IHEART’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. 

9. DISCLAIMER OF WARRANTIES

IF YOU ARE A RESIDENT OF QUEBEC, NOTHING IN THIS SECTION 8 MODIFIES OR DISCLAIMS ANY LEGAL WARRANTY UNDER QUEBEC LAW. YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS SITE AND/OR IHEART INTERNET SERVICE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS ARE PROVIDED TO YOU ON AN “AS IS/AS AVAILABLE” BASIS. IHEART EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES.

IHEART DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS IHEART SITE (OR ANY SERVICES AVAILABLE ON THE SITE) WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS IHEART SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IHEART DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS IHEART SITE FOR ANY PURPOSE. 

IHEART IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE. 

10. LIMITATIONS ON LIABILITY

(a) NOT APPLICABLE TO RESIDENTS OF QUEBEC: TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IHEART DISCLAIMS ALL LIABILITY. IHEART, ITS SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THIS IHEART SITE AND ITS CONTENTS AND/OR IHEART INTERNET SERVICE, DO NOT ACCEPT ANY LIABILITY TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR LOSS OF GOODWILL, PROFITS, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO: (1) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, PERFORMANCE OR NON-PERFORMANCE OF THIS IHEART SITE, IHEART INTERNET SERVICE, THE CONTENT, THIRD PARTY SOFTWARE, THIRD PARTY PLATFORMS, OR OTHER MATERIALS IN OR ASSOCIATED WITH THE IHEART INTERNET SERVICE; (2) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR ACCOUNT OR PERSONAL INFORMATION OR TRANSMISSIONS; (3) THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE; (4) ERRORS OR INACCURACIES CONTAINED ON THIS IHEART SITE AND/OR IHEART INTERNET SERVICE OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THIS IHEART SITE AND/OR IHEART INTERNET SERVICE; (5) ANY TRANSACTIONS ENTERED INTO THROUGH THIS IHEART SITE AND/OR IHEART INTERNET SERVICE; (6) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THIS IHEART SITE OR ANY SITE TO WHICH IT PROVIDES HYPERLINKS AND/OR IHEART INTERNET SERVICE; OR (7) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THIS IHEART SITE AND/OR IHEART INTERNET SERVICES. THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF IHEART HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. WITHOUT LIMITATION. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE. 

 

(b) APPLICABLE ONLY TO RESIDENTS OF QUEBEC: TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW AND EXCEPT FOR DAMAGES RESULTING FROM IHEART PROVIDERS’ OWN ACTS, IHEART WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES, RESULTING FROM OR IN CONNECTION WITH: (1) ANY USE OF, OR INABILITY TO USE, THE IHEART SITE AND/OR IHEART INTERNET SERVICE, THE SOFTWARE, THE CONTENT, THIRD PARTY SOFTWARE, THIRD PARTY PLATFORMS, OR OTHER MATERIALS IN OR ASSOCIATED WITH THE IHEART SITE AND/OR IHEART INTERNET SERVICE; (2) ANY UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ASSOCIATED PROFILES; OR (3) ANY OTHER MATTER RELATING TO THE IHEART SITE AND/OR IHEART INTERNET SERVICE, THE SOFTWARE, THE CONTENT, THIRD PARTY SOFTWARE, THIRD PARTY PLATFORMS OR OTHER MATERIALS IN OR ASSOCIATED WITH THE IHEART SITE AND/OR IHEART INTERNET SERVICE. WITHOUT LIMITATION, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE.

(c) You expressly acknowledge that we make the iHeart Site and iHeart Internet Service, software and content available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth in this Agreement, and that these form an essential basis of the bargain between you and us. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and, subject to applicable laws, continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this Agreement.

11. INDEMNIFICATION

You agree to indemnify and hold harmless iHeart, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of these Terms, the Additional Terms, if any, or otherwise arising in any way out of your use of this iHeart Site or any iHeart Internet Service, or iHeart Software (as defined in Section 14). You agree to cooperate fully with iHeart in asserting any available defenses in connection with a claim subject to indemnification by you under these Terms. 

12. MODIFICATION/TERMINATION BY IHEART

iHeart reserves the right, in its sole discretion, to modify, suspend, or terminate this iHeart Site and/or any portion thereof, including any iHeart Internet Service, and/or your account, password, or use of any iHeart Internet Service, or any portion thereof, at any time for any reason with or without notice to you. 

Termination of your account for an iHeart Internet Service removes your authorization to use the iHeart Internet Service. In the event of termination, you will still be bound by your obligations under these Terms and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability for your use prior to termination. Additionally, iHeart shall not be liable to you or any third party for any termination of your access to an iHeart Internet Service. 

13. LINKS

This iHeart Site may contain links to websites, applications or other services operated by third parties (the “Linked Sites”). iHeart does not monitor or control the Linked Sites and makes no representations regarding the Linked Sites. iHeart is not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at the Linked Sites. If you choose to access any Linked Site, you do so at your own risk. Your use of the Linked Site is subject to its terms of use and privacy policy, which you should review. The presence of a link to a third-party site does not constitute or imply iHeart’s endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the site. You use Linked Sites at your own risk.

14. SOFTWARE AND DOWNLOADS AVAILABLE THROUGH THE SITE

Any software that is made available to access, use, view and/or download in connection with an iHeart Site or iHeart Internet Service, including applications, podcasts, audio streaming, or video streaming (“iHeart Software”), is owned by iHeart and/or its licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of the iHeart Software is subject to a limited, revocable, license to use the iHeart Software for your private, non-commercial use. iHeart accepts no responsibility or liability in connection with any iHeart Software owned or controlled by third parties. 

Mobile Apps

Your download of any iHeart mobile application from the Apple App Store or Google Play Store is governed by these terms below:

Our mobile applications (“Apps”) are designed to work on compatible iOS and Android mobile devices and are generally available through third-party mobile stores (i.e., Apple’s App Store or the Google Play Store (each an “App Store”)). If you are accessing the Site through an App, you agree that you will read each App Store’s terms and conditions that apply to your use of the App. You agree that your mobile service carrier or Internet service provider is responsible for its products and services. Accordingly, you agree to resolve any problems with your mobile device directly with your carrier or provider without involving us.

Terms Specific to Apple Mobile Devices

If you are accessing or using the Apps on any Apple mobile device, the following additional terms and conditions are applicable to you and are incorporated into these Terms by this reference.

To the extent that you are accessing the Apps through an Apple mobile device, you acknowledge that these Terms are entered into between you and iHeart, and that Apple, Inc. (“Apple”) is not a party to these Terms other than as a third-party beneficiary as contemplated below.

iHeart in its sole discretion will determine when the Apps will be available on any Apple mobile device, and reference to any device in these Terms shall not guarantee that iHeart will launch the Apps on any or all of the Apple mobile devices.

When accessing and/or using the Site via the Apps, the rights granted to you in this Section are also subject to the permitted “Usage Rules” set forth in the App Store Terms of Service located at https://www.apple.com/ca/legal/internet-services/itunes/ca/terms.html  and any third party terms of agreement applicable to the Apps. You are also subject to the Apple App Store Terms of Services, which you also acknowledge that you have had the opportunity to review.

You acknowledge that iHeart, and not Apple, is responsible for providing the Apps and content thereof.

As between iHeart and Apple, iHeart is solely responsible for providing any maintenance and support services with respect to the Apps that iHeart may offer (which, if provided, is provided at iHeart’s sole discretion). You acknowledge that Apple has no obligation whatsoever to furnish maintenance or support services with respect to the Apps.

You and iHeart acknowledge that iHeart, not Apple, is responsible for addressing any of your claims or any third-party claims relating to the Apps or your possession and/or use of the Apps, including, but not limited to, (1) product liability claims; (2) any claim that the Apps fail to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.

Further, you agree that if the Apps or your possession and use of the Apps infringes a third party’s intellectual property rights, iHeart, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim, but only to the extent it relates to your use of the Apps.

With respect to this Section only, you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

When using the Apps, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology, or service that interacts with the Apps. You may not use the Apps on a device that has firmware or software configuration that has not been authorized by Apple.

TO THE EXTENT ANY WARRANTY REGARDING THE APPS ARISES BY LAW OR HAS NOT BEEN DISCLAIMED UNDER THESE TERMS, IHEART, AND NOT APPLE, IS SOLELY RESPONSIBLE FOR SUCH WARRANTY. IF YOU ARE A CUSTOMER OF THE SITE AND IF THE APPS FAIL TO CONFORM TO SUCH WARRANTY, YOU MAY NOTIFY APPLE, AND APPLE WILL REFUND THE PURCHASE PRICE (IF ANY) PAID FOR THE LICENSE TO THE APPS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APPS, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO THE WARRANTY IS IHEART’S SOLE RESPONSIBILITY.

Terms Specific to Android Mobile Devices.  

If the Apps are provided to you through Google, Inc.’s (Google, Inc. together with all of its affiliates, “Google”) Google Play Store, the following terms and conditions are applicable to you and are incorporated into these Terms by reference.

You acknowledge that Google is not responsible for providing support services for the Apps.

If any of the terms and conditions in this Agreement are inconsistent with the Google Play Development Distribution Agreement (the current version as of the date of these Terms is located at: https://play.google/developer-distribution-agreement.html. The terms and conditions of Google’s Google Play Developer Distribution Agreement will apply to the extent of such inconsistency or conflict.

15. NO INTERNATIONAL USE

THE SITES ARE INTENDED ONLY FOR INDIVIDUALS RESIDING IN CANADA AND BUSINESSES LOCATED IN CANADA. ALTHOUGH THE SITES MAY BE ACCESSED FROM AROUND THE WORLD, THEY HAVE BEEN DESIGNED TO COMPLY WITH THE LAWS OF CANADA. IF ANY MATERIAL ON THE SITE, OR YOUR USE OF THE SITE, IS CONTRARY TO THE LAWS OF THE COUNTRY WHERE YOU ARE WHEN YOU ACCESS IT, THE SITE IS NOT INTENDED FOR YOU, AND YOU SHOULD NOT ACCESS OR USE IT. YOU ARE RESPONSIBLE FOR INFORMING YOURSELF OF THE LAWS OF YOUR JURISDICTION AND COMPLYING WITH THEM. 

16. PURCHASES FROM THIRD-PARTY MERCHANTS

This iHeart Site may enable you to order and receive products, information and services from businesses that are not owned or operated by iHeart (“Third Party Goods”). The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning Third Party Goods are solely between you and such businesses. iHeart does not endorse, warrant, or guarantee Third Party Goods and is not liable for the quality, availability, accuracy, completeness, or usefulness of Third Party Goods. iHeart will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party for Third Party Goods. 

17. ADVERTISEMENTS, SPONSORSHIPS, CO-PROMOTIONS AND OTHER PARTNERSHIPS

iHeart may display advertisements for Third Party Goods on the iHeart Sites, including in connection with co-promotions, sponsorships and other similar partnership arrangements. iHeart bears no responsibility for any Third Party Good advertised on the Sites. 

18. USER MATERIALS; UNSOLICITED SUBMISSIONS OF WORKS AND ENGAGEMENT WITH THE SITE

User Materials 

iHeart does not control and is not responsible for any notes, messages, billboard postings, ideas, suggestions, concepts or other material, or files delivered to iHeart by you through the Site or iHeart Internet Service (collectively, “User Materials”). iHeart is not obligated to and does not regularly review, prescreen, monitor, delete, or edit User Materials. However, iHeart reserves the right to do so at any time in its sole discretion, for any reason or no reason, and to refuse, delete, move or edit any User Materials, in whole or in part, with or without notice. 

You are solely responsible and liable for all User Materials you deliver to iHeart. Any violation of these Terms can subject your iHeart account to immediate termination, and possible further legal action. You represent and warrant that you own or otherwise control any and all rights in and to the User Materials and that public posting and use of the User Materials by iHeart will not infringe or violate the rights of any third party in any manner. 

You grant to iHeart an unrestricted, irrevocable, royalty-free license to display, use, modify, perform, reproduce, transmit, and distribute any User Materials for any and all commercial and noncommercial purposes. Further to the foregoing, if any ownership in User Materials remains with you, you hereby grant iHeart a worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to (and to allow others to) use, copy, reproduce, process, adapt, modify, publish, transmit, display, distribute, create derivative works from, and perform your User Materials. You acknowledge and agree that iHeart may preserve or delete User Materials at any time and for any purpose. In addition, you hereby irrevocably waive all “moral rights” in any such User Material. No credit, approval or compensation is due to you for any such use of such User Materials. iHeart also has the right, but not the obligation, to use your username (and real name, image, likeness or other identifying information, if provided in connection with User Materials), city, province or territory in connection with broadcast, print, online or other use or publication of your User Materials. Please note that any User Material you submit is and will be treated as non-confidential and non-proprietary as to you, unless specifically stated otherwise in our Privacy Notice.

You also acknowledge and agree that you are not guaranteed access to User Materials at any time. Furthermore, iHeart may disclose User Materials if iHeart determines that: (i) disclosure is necessary to enforce these Terms, respond to claims that any User Materials violates the rights of third parties, or protect the rights, property, or personal safety of iHeart, its users, and the public; or (ii) appropriate legal process requires disclosure. Without limiting the generality of the foregoing, you authorize iHeart to include User Materials in a searchable format that may be accessed by users of the Site. iHeart shall have no liability for User Materials that are public and visible on the Site, or search engines, including after deletion of such User Materials by you or iHeart.

If you are aware of any User Material on this iHeart Site which violates this Agreement, please contact us at support@iheartradio.com. Please provide as much detail as possible, including a copy of the underlying material, the location where iHeart may find it, and the reason such User Material should be removed. Please note that filing a complaint will not guarantee its removal, iHeart will only remove User Materials if iHeart believe the measure is necessary, in our sole discretion. To the extent any notice is based on an alleged copyright violation, please follow the instructions set forth in the section entitled “Copyright Infringement.” Other than those we specifically request, we do not accept or consider unsolicited creative materials, ideas or suggestions either via this iHeart Site, email or other means. This is to avoid any misunderstandings if your ideas are similar to those we have developed or obtained independently. However, if you do still transmit to us, via this iHeart Site, email or otherwise, any unsolicited communication or material, you will be deemed to have granted to us the same rights and waivers as are set out in this section with respect to User Materials. Without limitation thereof, you agree that iHeart, our affiliates and our licensees are free to use any ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products, services and content using such information, without any credit, notice, approval or compensation to you.

Unsolicited Submissions; Feedback

We do not accept or consider unsolicited creative materials, ideas or suggestions either via this iHeart Site, email or other means. However, if you do still transmit to us, via this iHeart Site, email or otherwise, any unsolicited communication or material, you will be deemed to have granted to us the same rights as are set out in this section with respect to User Materials. You agree that iHeart, our affiliates and our licensees are free to use any ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products, services and content using such information, without any credit, notice, approval or compensation to you. 

19. ADDITIONAL SERVICES

This iHeart Site may offer certain services such as newsletters and Real Simple Syndication ("RSS") feeds. By registering for any such service, you will be subject to any charges and rules set forth in the description of that service which may or may not be reflected in Additional Terms. 

20. CONTESTS/SWEEPSTAKES

Any sweepstakes, contests, games and/or promotional offers accessible on an iHeart Site (“Promotion”) are governed by specific rules and/or terms and conditions made available at the time of entry. By entering a Promotion, you will be subject to those rules and/or terms and conditions (“Promotion Rules”). It is critical to read the Promotion Rules. To the extent of any conflict between the Promotion Rules and these Terms, the Promotion Rules will govern, but only to the extent of the conflict. Any Promotions made available on, or advertised on third party sites accessible from this iHeart Site (such as Facebook, Instagram and X), in addition to being subject to the Promotion Rules, you will also be subject to any rules and/or terms and conditions on those third-party sites.

21. ARTIFICIAL INTELLIGENCE

You also agree not to use, nor to authorize the use of, any Intellectual Property (as defined in the next Section) or contact details, personal identifiers, metadata processes, source codes, algorithms or other data on the iHeart Site, iHeart Internet Services (the “iHeart Data” and together with the Intellectual Property, the “iHeart IP & Data”): (i) to create, train (whether directly or indirectly) and/or improve any generative or other artificial intelligence and/or machine learning models, applications, systems or technologies and any datasets therefor, whether now existing or hereafter created, in any manner, means or media and/or for any purpose whatsoever (e.g., machine learning, generative technology, data mining, cognitive computing, natural language processing, natural learning processes, computer vision, etc.) (“AI Technology”); (ii)  to create, generate, edit, reproduce, translate, copy, publicly perform, distribute, transmit, adapt, modify, create any simulations and/or derivative works of, and/or manipulate, any iHeart IP & Data nor (iii) to design, enable and/or otherwise be utilized for any AI Technology mimicking, replicating and/or simulating human appearance, thought processes, speech, emotions or actions; (iv) to extract, scrape, harvest or collect any iHeart IP & Data for use in connection with AI Technology; nor (v) to discover, reverse engineer, decompile, disassemble, or attempt to derive iHeart IP & Data source code or algorithms(vi) to process, collect, arrange or otherwise use iHeart IP & Data into or in connection with datasets that are or may be used to train or otherwise in connection with AI Technology.

Generative AI Services

We may provide additional generative AI services (“GAIS”) on the Site or as part of the iHeart Internet Services. (i) Our GAIS is experimental, unsupervised technology and may sometimes provide inaccurate or offensive content that does not represent iHeart’s views; (ii) information you provide to our GAIS may be used to continuously train the GAIS; (iii) submission of confidential or proprietary information could be compromised if submitted to the GAIS; (iv) our GAIS may at times reproduce copyrighted material used as training data in response to an inquiry, and care should be taken in copying and further distributing content created by any GAIS; (v) if you use the GAIS, you assume all responsibilities and obligations with respect to the results, any decisions or advice made or given, and any materials retrieved therefrom, including those to any third party, for the content, accuracy, and review of such results, and you should use discretion before relying on, publishing, or otherwise using content provided by the GAIS; and (vi) you will not rely on the GAIS for medical, legal, financial, or other professional advice, and any content regarding those topics is unintentional, provided for informational purposes only, and is not a substitute for advice from a qualified professional.

22. INTELLECTUAL PROPERTY

The iHeart Site, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, iHeart logos, titles, characters, names, graphics and button icons (collectively “Intellectual Property”), are protected by copyright, trademark and other laws of the United States and Canada, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by iHeart or by other parties that have provided rights thereto to iHeart. 

You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, in whole or in part, without the express written permission of iHeart. 

Additionally, websites may not link, whether by hyperlink or otherwise, to any page beyond the homepage of this iHeart Site, or frame this iHeart Site, or any web page or material herein, nor may any entity include a link to any aspect of this iHeart Site in an email for commercial purposes, without the express written permission of iHeart. Further, unless otherwise expressly permitted, you agree not to link to iHeart’s Intellectual Property so as to cause you or anyone else to access iHeart’s Intellectual Property other than through this iHeart Site. 

You may inquire about obtaining permission by writing using the following contact information: 

IP Permission 

Legal Department 

iHeartMedia, Inc. 

20880 Stone Oak Pkwy 

San Antonio, TX 78258 

By Facsimile: (210) 832-3149 

By Email: IPPermission@iheartmedia.com [SB1] 

Copyright Infringement 

iHeart respects the intellectual property rights of third parties. By submitting any material or photographs through this iHeart Site, you are granting permission to have this material posted on this iHeart Site, and are representing that you are the rightful owner of the submitted material, and that no one else may claim rights to this material. iHeart reserves the right to remove access to infringing material. Such actions do not affect or modify any other rights iHeart may have under law or contract. You can find our procedures for providing notice of alleged copyright infringement below. 

Procedure for Making Claim of Copyright Infringement 

If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof to iHeart at the following contact information: 

By mail: 

DMCA Designated Agent 

c/o Legal Department 

iHeartMedia, Inc. 

20880 Stone Oak Pkwy 

San Antonio, TX 78258 

By Facsimile: (210) 832-3149 

By Email: dmca@iheartmedia.com

23. DISPUTE RESOLUTION

Governing Law, Forum Selection, and Venue.

If you are not a resident of Quebec, this Agreement and any Additional Terms shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. You hereby irrevocably agree to submit to the exclusive jurisdiction of the courts of the Province of Ontario for any cause of action arising out of this Agreement and waive any objections based upon venue.

If you are a resident of Quebec, this Agreement and any Additional Terms shall be interpreted, construed and governed by the laws in force in the Province of Quebec, Canada, without reference to its conflict of laws principles. You hereby irrevocably agree to submit to the exclusive jurisdiction of the courts of the Province of Quebec and to waive any objections based upon venue.

Arbitration

This paragraph does not apply to individuals who reside in Quebec, Ontario or Saskatchewan. Subject to applicable laws if in effect in your Province, any controversy or claim arising out of or relating to the iHeart Site, Internet Service or this Agreement, or any alleged breach hereof, shall be settled at the request of either party by binding arbitration in the city in which you reside pursuant to the current laws relating to commercial arbitration in the Province in which you reside. One arbitrator specializing in the resolution of commercial disputes shall hear the arbitration and determine a final and binding resolution of the dispute. In the event the parties cannot agree to the appointment of a single arbitrator, the request for such appointment shall be referred to court and such appointment shall be decided by a Master or Judge, as applicable. The prevailing party shall be entitled to out-of-pocket reasonable costs and expenses incurred by such party, including reasonable lawyers' fees. You expressly waive the right to resolve any dispute through any other means, including by trial. By agreeing to arbitration, the parties do not intend to deprive any court of its jurisdiction to grant pre-arbitral injunction or other temporary or interim relief.

24. GENERAL

 

Assignment

This Agreement is personal to you, and you may not assign your rights or obligations, in whole or in part, to anyone. iHeart each, without prior notice and without your consent, assign this Agreement and upon such assignment the assignee shall assume all of such iHeart’s rights and obligations under this Agreement and iHeart shall be released. If any provision of this Agreement, or the application thereof to any person or circumstances, is held invalid or for any reason, unenforceable including, but not limited to, the warranty disclaimers and liability limitations, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Agreement shall remain in full force and effect. Our failure to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. No waiver of any breach of any provision of this Agreement by us shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof. Unless expressly provided otherwise, this Agreement is the entire agreement between you and iHeart with respect to the use of this Site and shall not be modified except in writing, signed by an authorized representative of iHeart. 

English/French

You and we have requested that this Agreement and all correspondence and all documentation relating to this Agreement be written in the English language. Les parties aux présentes ont exigé que la présente entente, de même que toute la correspondance et la documentation relative à cette entente, soient rédigées en langue anglaise.

Questions

If you have any questions concerning this Agreement, you may contact us at:

 

iHeartMedia, Inc. 

Attn: Privacy 

20880 Stone Oak Pkwy 

San Antonio, TX 78258 

E-Mail: privacy@iheartmedia.com 


Bell Media

1 Carrefour Alexander-Graham-Bell
Building A, 7th Floor
Verdun, Québec
H3E 3B3

E-Mail: privacy@bell.ca.


Related: Privacy Policy


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