IHEARTRADIO TERMS AND CONDITIONS
(Last Updated on October 1, 2016)
THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS. PLEASE READ THEM CAREFULLY BEFORE USING THE SERVICE.
Welcome to iHeartRadio, Canada’s Internet radio station platform, which is made available to you by Bell Media Inc. and its affiliates (together, “Bell Media”) through one or more websites or applications over the Internet at iheartradio.ca or through certain Internet-connected computers and other compatible devices (the “Service”).
By using the Service, or any of the products or services which may be made available to you via the Service, you agree to be bound by these terms and conditions, which may be modified by Bell Media from time to time (collectively, the “Terms and Conditions”). We suggest that you print a copy of these Terms and Conditions for your records. If you do not agree with these Terms and Conditions, you may not use the Service or any of the products or services which may be made available to you via the Service.
Certain products or services which may be made available to you via the Service are governed by additional terms (“Additional Terms”) that are presented in conjunction with those products or services. You must agree to those Additional Terms before using those products or services. The Additional Terms and these Terms and Conditions, taken together, shall apply to your use of those products or services. In the event of any conflict between the Additional Terms and these Terms and Conditions, the Additional Terms will govern.
References to “you” and “your” in these Terms and Conditions are to you and, if you register for the Service, anyone who uses the Service through your account.
References to “we”, “us” and “our” in these Terms and Conditions are to Bell Media.
2. AVAILABILITY AND ACCESS
Certain features of the Service may require you to register in order to access those features, as described in Section 4. In addition, in order to access the Service you must comply with the Technical Requirements set out in Section 9.
The Service is intended for use in Canada. Please consult the iHeartRadio FAQ (also available on our website at iheartradio.ca) for detailed information about the Service.
3. CUSTOMER SERVICE
To reach Customer Service, please consult the iHeartRadio FAQ (also available on our website at iheartradio.ca) for the applicable coordinates.
You may need to register with us in order to access certain features of the Service. During the registration process, you will be asked to provide an email address, choose a password, and may be asked to provide other information. You certify that the information that you provide during the registration process will be complete and accurate, and you will not provide a false e-mail address, impersonate any person or entity, or otherwise mislead us with respect to any information that you provide. You will promptly update any of the information that you have provided so that the information that you have provided to us remains complete and accurate at all times. You may not be able to access certain features of the Service if the information that you provide is incorrect or if you do not update that information when necessary. Upon completing your registration for certain features of the Service, you will receive an email confirming your registration that contains a copy of these Terms and Conditions.
You are solely responsible and liable for any use and misuse of your account by you, and must promptly notify us of any unauthorized use of your account, whether known or suspected. For security reasons, you must keep your password confidential and not disclose it to any person or permit any other person to use it. Bell Media recommends that you choose a password that is unique to you and not easily guessed by others. You should change your password on a regular basis.
Subject to applicable law, we reserve the right, in our sole and absolute discretion, to modify all or any portion of these Terms and Conditions at any time without incurring any liability or obligation whatsoever to you or any other person or entity. If we do this, we will post the changes to these Terms and Conditions at least thirty (30) days before the modification comes into effect, and will indicate at the top of this page the date these Terms and Conditions were last modified.
In addition, if you have registered for the Service, we will provide you notice using email and/or any other contact information we have for you in our discretion, and setting out the new clause, or the modified clause and how it read formerly, and the date on which the change will come into effect. You may refuse the modification and rescind, or cancel the Service by providing us with notice to that effect no later than thirty (30) days after the modification comes into force, using the information in the notice. To the fullest extent permitted by applicable law, your continued access to and/or use of the Service after the date specified in such notice constitutes your full acceptance of, and agreement to be legally bound by, these Terms and Conditions, as modified.
Subject to our right to make modifications, no other statements (written or verbal) will change these Terms and Conditions.
You may not make any changes to these Terms and Conditions.
Except where otherwise provided, access to and use of the Service is currently available without charge. Bell Media may charge a fee for access to or use of the Service or features within the Service at any time in the future. Your access to or use of the Service or those features within the Service before such time does not entitle you to use of the Service without charge in the future.
Bell Media may offer certain subscription services such as newsletters and Real Simple Syndication (“RSS”) feeds (collectively “Subscription Services”). By registering for a Subscription 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.
Some elements of the Service, including Subscription Services, may be offered to you conditioned on your payment of a fee (each, a “Premium Service”). By using a Premium Service, you will be subject to any charges and rules set forth in the Additional Terms for that service, in addition to these Terms and Conditions. You may register for a Premium Service by completing the applicable registration form.
Bell Media will provide notice of any charges, or extra charges, before you register for or enter an area relating to a Premium Service. You are responsible for any charges for premium Content incurred by you. We are not liable for any loss that you may incur as a result of someone else using your password, whether with or without your knowledge.
In the event that you pay for a Premium Service by credit card, you authorize us to charge your credit card account by registering for the Premium Service and providing us with your credit card information. You warrant to us that the credit card information that you provide to us is correct.
8. iHeartRadio FAQ
Please consult the iHeartRadio FAQ (also available on our website at iheartradio.ca) for detailed information about the Service including:
(a) platform and device related information;
(b) features and functionality;
(c) Technical Requirements (as described in Section 9); and
(d) troubleshooting guidance.
9. TECHNICAL REQUIREMENTS
Your use of the Service will require your device to be connected to the Internet. Additionally, you may choose to access the Service using a mobile service. In all such cases, you are solely responsible for the cost and maintenance of any such Internet or mobile connection, including any data usage, roaming or other charges that you incur. You acknowledge that listening and viewing quality, and the time it takes to begin listening to or viewing the Content, may vary depending on the quality of your Internet or mobile connection and device capabilities. Further, you acknowledge that, from time to time, you may be unable to access the Service or you may experience audio and/or video re-buffering or drop-outs.
Your use of the Service is subject to certain minimum technical requirements (the “Technical Requirements”) set out in the iHeartRadio FAQ (also available on our website at iheartradio.ca), which Technical Requirements are incorporated by reference.
It is your responsibility to ensure that you have access to the hardware and/or software platforms required to access and use the Service. These are described in the Technical Requirements. We reserve the right to change or cease support of any hardware or software platforms at any time. Any such change or cessation of support will be addressed in the Technical Requirements.
We may change the Technical Requirements from time to time at our sole discretion and, unless we specify otherwise, you are responsible for updating or maintaining your devices, Internet or mobile connection, and hardware and software platforms as necessary to meet the Technical Requirements.
The Service allows you to stream digitized versions of certain radio stations and other content (the “Content”). You may consult the directory of currently available Content on our website at iheartradio.ca.
The availability of the Content will be determined in our sole discretion. We reserve the right to modify or discontinue, temporarily or permanently, all or any part of the Service or access to the Content.
While we will attempt to keep the Content descriptions up-to-date, we do not warrant that they will be complete, current or accurate. Bell Media and its service providers, suppliers, and licensors, and each of their respective directors, officers, employees and agents do not accept any liability whatsoever for any issues related to your use of the Service, your access to the Content, or the suspension or termination thereof.
11. RIGHT TO USE
Provided you continue to comply with these Terms and Conditions, you are hereby granted a limited, non-exclusive and non-transferable right and license to use, access and/or install the Service solely for your personal, non-commercial and entertainment use. Except for the foregoing limited license, no right, title or interest shall be transferred to you.
12. PROHIBITED ACTIVITIES
You agree to comply with all applicable laws and regulations (including laws relating to copyright), as well as these Terms and Conditions, when using the Service. Except as specifically permitted in the iHeartRadio FAQ (also available on our website at iheartradio.ca), you acknowledge and agree that you may not:
(a) use the Service for anything other than your own personal, non-commercial and entertainment purposes;
(b) copy, reproduce, distribute, transfer, sell, license, publish, enter into a database, publicly perform or display, modify, create derivative works, upload, edit, post, link to, frame, transmit, rent, lease or sublicense, or in any way exploit, any part of the Service or Content;
(c) use the Service to share or distribute any Content, including via wireless streaming between devices, second-screen video playback, over-the-air streaming, or any similar processes, except directly in connection with your own personal, non-commercial use of the Service for entertainment purposes;
(d) use the Service to engage in any activities that infringe intellectual property rights (e.g., peer-to-peer (P2P) file-sharing, posting, unauthorized streaming, making available, uploading, downloading, or any other distribution of content protected by intellectual property laws) or facilitate any such activities;
(e) interfere or attempt to interfere with the operation of the Service, the Content, or the servers or networks connected to the Service including, through denial of service attacks, overloading a service, improperly seizing or abusing operator privileges (“hacking”), or attempting to “crash” a host;
(f) circumvent, remove, alter, deactivate, or degrade any of the Content protections in the Service;
(g) copy, reproduce, distribute, adapt, translate, modify, decompile, disassemble, or reverse engineer any Software, applications or programs used in connection with the Service or the Content;
(h) copy, modify, alter, remove, or deface any trademarks, service marks, or other intellectual property displayed or made available through the Service, or use any of the foregoing for any purpose other than the purpose for which such intellectual property is made available to users of the Service;
(i) use or attempt to use the Service in a manner to avoid incurring any applicable charges for usage;
(j) use any data mining, robots, or similar data gathering and extraction tools on the Service, the Content or on any portion thereof, or frame any portion of the Service or Content, it being agreed that should we become aware that your device has been jail broken or rooted or has undergone any other similar process you will not be permitted to access the Service on your device;
(k) use the Service to access any computer, software, data or any confidential, copyright-protected or patent-protected material of any other person, without the knowledge and consent of that person, or use any tools designed to facilitate access such as ‘packet sniffers’;
(l) use the Service to post, upload, e-mail, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offence or give rise to civil liability, or otherwise use the Service in a manner that is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Service or the Internet;
(m) use the Service to defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including rights relating to privacy and publicity; or
(n) use the Service to invade another person's privacy, or to collect or store personal data about other users.
13. RESPONSIBILITY FOR MINORS
You must be the age of majority in the Canadian province or territory in which you reside in order to register for certain features of the Service. In cases where you have authorized a minor to use the Service, you recognize that you are fully responsible for: (a) the online conduct of such minor; (b) controlling the minor’s access to and use of the Service; and (c) the consequences of any use or misuse of the Service by the minor. You acknowledge that Content displayed or accessed through the Service may contain mature content that may be inappropriate for minors.
14. CONTENT SUPPLIERS
You acknowledge and agree that our content suppliers are third party beneficiaries of these Terms and Conditions. This means that, upon your acceptance of these Terms and Conditions, such suppliers will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions directly against you.
15. THIRD PARTY SOFTWARE
There are software programs and technology contained within, or available through, the Service that have been licensed to Bell Media by third parties (collectively, “Third Party Software”). Third Party Software is subject to the proprietary rights of its respective owner. You acknowledge and agree that the owners of Third Party Software will not be held liable for the removal or other unavailability of such Third Party Software in the Service. In addition, the same terms and conditions, including all limitations and restrictions, set forth in these Terms and Conditions apply to the Third Party Software contained in the Service.
16. THIRD PARTY APPLICATIONS
Your use of the Service and/or access to the Content may be provided to you through third party websites, platforms and portals including social networking sites and digital storefronts (collectively, “Third Party Platforms”). Other terms and conditions may apply to you with respect to your use of those Third Party Platforms. Bell Media does not monitor or control the Third Party Platforms and does not assume any responsibility or liability for your use of such Third Party Platforms. You access these Third Party Platforms at your own risk. The presence of a link to Third Party Platforms does not constitute or imply Bell Media’s endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the Third Party Platforms.
17. THIRD PARTY EVENTS
You may be invited or asked to attend Bell Media-sponsored events or events held by other members and users of this Service which are not in any way associated with Bell Media at various locations throughout Canada (collectively, “Events”). Your participation in any Events is at your own risk. Bell Media does not monitor or control the Events and does not assume any responsibility or liability for your use of such Events.
18. THIRD PARTY CONTESTS/SWEEPSTAKES AND GOODS/ADVERTISING
(a) Any sweepstakes, contests, games and/or promotional offers accessible through the Service or advertised on third party sites accessible from the Service (such as Facebook or Twitter) are governed by specific rules and/or terms and conditions. By entering any sweepstakes or contests or participating in such games or promotional offers available, you will be subject to those rules and/or terms and conditions. It is critical that you read the applicable rules and/or or terms and conditions that apply to each sweepstake, contest, game and/or promotional offer.
(b)The Service may enable you to order and receive products, information and services from businesses that are not owned or operated by Bell Media. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. Bell Media does not endorse, warrant, or guarantee such products, information, or services, and is not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services.
(c) Bell Media may display advertisements for the goods and services of a third party on or through the Service, including in connection with co-promotions, sponsorships and other similar partnership arrangements. Bell Media does not endorse or represent and is not responsible for the safety, quality, accuracy, reliability, integrity or legality of any such goods or services advertised, promoted or displayed on or through the Service.
19. MATURE CONTENT
Content displayed or accessed by, through or in the Service may contain mature content, which may not be appropriate for all users. Where possible, Content is rated according to guidelines established by the appropriate Canadian governing authority. Adult and mature Content is only intended for users who are the age of majority in the Canadian province or territory in which they reside, or users who have received consent from a parent or guardian.
You acknowledge and agree that you may have access to adult or mature content. You agree that access to and use of the Service and the Content is at your sole risk, and that we have no liability to you or anyone who uses the Service for the type of Content accessed.
20. INTELLECTUAL PROPERTY RIGHTS
The Service and the Content (including all components thereof) are the property of their respective owners and are protected by copyright, trademark, patent, or other proprietary rights. You acknowledge and agree that you have no ownership rights in the Service or the Content, and you only have a limited license to access for private, non-commercial use, and use the Service and, in certain cases, a limited right to view or listen to the Content.
Except as expressly provided, nothing in these Terms and Conditions or within the Service, including any Content, will be construed as conferring any license or other right or entitlement under any intellectual property right, whether by estoppel, implication, waiver, or otherwise.
21. TRADEMARKS AND OTHER INTELLECTUAL PROPERTY
iHeartRadio and related names, logos and images, as well as some of the characters, logos or other images incorporated by us into the Service and/or the Content are protected as registered or unregistered trademarks or trade names owned by or licensed to Bell Media (collectively, the “Trademarks”). The Trademarks and all other trademarks included in or accessible through the Service or Content are the property of their respective owners and use of them is not authorized in any manner other than as required for you to use the Service and view or listen to the Content in accordance with these Terms and Conditions.
22. SERVICE UPDATES
Bell Media may choose to make available updates, upgrades or other changes or enhancements to the Service (“Service Updates”). Service Updates may: (a) be optional, in which case you will receive information and instructions to authorize Service Updates; or (b) be mandatory, in which case you must consent to the Service Update for continued access to the Service. In addition, we reserve the right to test features and functions of the Service, including user interfaces, service levels, promotional features, and availability and delivery of Content. By using the Service, you agree that we may include you in or exclude you from these tests without notice.
(a) General: You may be required to download software applications or other forms of content including files, images or data (“Software”) in order to access or use the Service. The Software is made available to you by us or third parties subject to the following terms and conditions, and any terms and conditions made available to you during the installation process.
(b) License Grant: Bell Media and such third parties grant you a non-exclusive, limited, personal and non-transferable, revocable, license, subject to your compliance with these Terms and Conditions, to install and use the Software in executable form solely in connection with the Service on such number of Internet-connected computers and other compatible devices as specified in the Technical Requirements.
(c) Limitations: You agree that the Software is licensed to you by us or third parties for your personal and non-commercial use only, and you must:
- not modify the Software;
- maintain all copyright and other proprietary notices contained with or displayed on the Software;
- not create any derivative works of the Software;
- not transmit or make the Software available over a network where it could be used by multiple computers or devices at the same time;
- not make any Third Party Software contained in the Software a standalone product;
- not take any action that will infringe on the intellectual property or other proprietary rights of Bell Media or third party licensors; or
- not copy, redistribute, sell, rent, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form
(d) All Rights Retained: Bell Media or the applicable third party shall retain full and complete title to the Software and all intellectual property rights therein. You agree that it is your responsibility to review and evaluate the Software and any terms and conditions presented to you during the installation process, and that all risk associated with the use of, or reliance on, the Software rests with you.
(e) Support: We may elect to provide you with customer support and/or Software upgrades, enhancements or modifications (collectively, "Support"), in our sole discretion, and may terminate this Support at any time without notice to you. In addition:
- we may change, suspend or discontinue any aspect of the Software at any time, including the availability of any Software feature or function;
- we may impose limits on certain features and functions or restrict your access to parts or all of the Software or the Service without notice or liability;
- we, our licensors, and other third party suppliers reserve the right to delete data from their servers, or prevent access to their servers or to change data categories for any reason that we or third parties deem sufficient in their sole discretion at any time, without notice; and
- nothing in these Terms and Conditions imposes upon us or our licensors any obligation to provide you with new, enhanced or additional Support at any time.
(f) No Liability: You agree that Bell Media, including our suppliers, shall not be, to the extent permitted by applicable law, responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, the Software, including the failure of the Software to meet your needs, standards, expectations or specifications.
(g) Apple: If you have downloaded Software from the Apple iTunes Application Store, the following additional terms apply to such Software:
You agree and acknowledge that Apple is not responsible for the Software and its content. In addition, your use of such Software downloaded from such location is limited to a non-transferable license to use the Software on any Apple branded products running iOS (including but not limited to iPad, iPhone, and iPod touch) ("iOS Devices") or Mac OS X ("Mac Computers"), as applicable (collectively "Apple Device(s)") that you own or control and as permitted by the Usage Rules set forth in the Apple iTunes Application Store Terms of Service. Moreover, we hereby inform you and you acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software.
Apple has no warranty obligation with respect to the Software and any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty set forth in these Terms and Conditions. Please note that to the extent permitted by applicable law, Bell Media has disclaimed all warranties.
Apple is not responsible for addressing any claims relating to the Software or your possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Apple is not responsible for any third-party infringement claims that the Software or your possession and use of the Software infringe a third party's intellectual property rights.
You acknowledge and agree that Apple, and its subsidiaries, are third party beneficiaries of these Terms and Conditions and that, upon your acceptance of these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary hereof.
(h) Microsoft: The following additional terms apply in relation to certain Microsoft Corporation products and content-protection technology:
If you are accessing the Service through a Microsoft product, including a Microsoft Xbox 360, Xbox One, or other game console, or a Windows 8.1 device, you acknowledge and agree that the Service and the Content are provided to you solely by Bell Media and not the Microsoft Corporation. Further, you acknowledge and agree that the Microsoft Corporation shall not be held liable under any theory of liability for any claims related to the Service, the Content, or these Terms and Conditions.
Content owners use Microsoft PlayReady™ content access technology to protect their intellectual property, including copyrighted content. The Service uses PlayReady technology to protect certain PlayReady-protected Content. If the PlayReady technology fails to protect such Content, the Content owners may require the Service to restrict or prevent the delivery of their Content to specified digital devices and/or software applications. In certain cases, Content owners may require you to upgrade PlayReady to continue to access their Content. If you decline an upgrade, you will not be able to access the Content that requires the upgrade and you may not be able to install other operating system updates or upgrades.
24. Voting/Rating Features
For any voting/rating features that are available on this Service, you must follow the applicable instructions in order to submit your votes/ratings. Votes/ratings received from you in excess of any stated limitation will be disqualified. Payment or other consideration in exchange for votes/ratings is prohibited. Votes/ratings generated by script, macro or other automated means or any other means intended to impact the integrity of the voting/rating process as determined by us may be void. Bell Media assumes no responsibility for incorrect/inaccurate voting/rating information or for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, votes/ratings. We may, at our discretion, modify, terminate, or suspend the voting/rating or void any vote/rating should a virus, bug, non-authorized human intervention, action of voter/rater, or other cause corrupt or impair the administration, security, or fairness of the voting/rating. We reserve the right, in our sole discretion, to disqualify any individual we find to be violating these Terms and Conditions, tampering with the voting/rating process, or acting in an unsportsmanlike or improper manner and void all associated votes/ratings. Our decisions with respect to all aspects of any voting/rating element are final and binding, including but not limited to, with respect to the tallying of votes/ratings and the invalidation or disqualification of any suspected votes/ratings or voters/raters. You may also be given the opportunity to participate in voting/rating features in a third party application or feature (such as one of our social media partners like Facebook or Twitter), in which case your participation in such features will be subject to the terms and conditions governing that third party application or feature.
25. SUSPENSION AND TERMINATION
In addition to Bell Media’s termination rights for cause under Section 25, Bell Media may cancel your use of and/or subscription to the Service upon no less than thirty (30) days’ (if you are a resident of Québec, sixty (60) days’) advance written notice to you. If you have registered for the Service, you may cancel your subscription by contacting us using the contact information in the iHeartRadio FAQ or by cancelling your subscription online on our website at iheartradio.ca.
27. INFORMATION ACCESS
The Service may provide us with limited access to your device to provide us with information related to your use of the Service, including Content viewed or listened to, amount of time viewed or listened to, and general information regarding your device (such as a unique device identifier, your operating system, existing software, amount of available storage space and connectivity and your interaction with the Service). This information, together with any other information you provide to us through your registration with, or subscription to, the Service, as applicable, and/or your use of any of its features, will, among other things, enable us to:
- enforce these Terms and Conditions,
- manage rights associated with the Content,
- generate usage and performance data concerning your use of the Content and the Service,
- deliver interest-based advertising to you,
- collect information for security purposes,
- help you use the Service more effectively, and
- otherwise help us to enhance and improve the Content and the Service.
28. COOKIES AND SIMILAR TECHNOLOGIES
By default, most browsers will automatically accept cookies. However, you can disable cookies completely, or be prompted prior to a cookie being loaded, by adjusting your browser’s settings. Please note that disabling cookies may impair the functionality of the website, either fully or in part, and may prevent you from using certain website features, services or applications. Consult each individual browser’s “help” feature for more information.
29. DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE CONTENT, THE SOFTWARE, AND ALL MATERIALS ON THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE REGARDING MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, THE ABSENCE OF VIRUSES, OR THE CORRECTNESS, ACCURACY, QUALITY OR RELIABILITY OF THE CONTENT, THE SOFTWARE, OR THE SERVICE. IN ADDITION, WE DO NOT WARRANT THAT THE SERVICE, THE SOFTWARE, OR THE CONTENT WILL BE NON-INFRINGING, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT DEFECTS WILL BE FOUND OR CORRECTED. WE ALSO PROVIDE NO REPRESENTATION, WARRANTY OR CONDITION REGARDING THE ACCURACY, TIMELINESS, AUTHENTICITY, COMPLETENESS OR RELIABILITY OF THE SOFTWARE, ANY CONTENT, INFORMATION, MATERIALS, OR THE SERVICE.
You agree to defend, indemnify and hold harmless each of Bell Media and its service providers, suppliers, and licensors, and each of their respective officers, directors, employees and agents, including all third parties mentioned on, or included in, the Service, from and against any and all claims, liability, losses, actions, proceedings, suits, damages, settlements, penalties, fines, costs, or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of any provision of these Terms and Conditions; (b) your use of the Software; (c) your violation, alleged violation or misappropriation of any intellectual property right; or (d) any content submissions, including Contributions, made through the Service by you.
You shall use your best efforts to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
31. LIMITATION OF LIABILITY
(a) NOT APPLICABLE TO RESIDENTS OF QUEBEC: TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BELL MEDIA DISCLAIMS ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. BELL MEDIA DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE, INCLUDING DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES, RESULTING FROM OR IN CONNECTION WITH: (A) ANY USE OF, OR INABILITY TO USE, THE SERVICE, THE SOFTWARE, THE CONTENT, THIRD PARTY SOFTWARE, THIRD PARTY PLATFORMS, OR OTHER MATERIALS IN OR ASSOCIATED WITH THE SERVICE; (B) ANY UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ASSOCIATED PROFILES; OR (C) ANY OTHER MATTER RELATING TO THE SERVICE, THE SOFTWARE, THE CONTENT, THIRD PARTY SOFTWARE, THIRD PARTY PLATFORMS OR OTHER MATERIALS IN OR ASSOCIATED WITH THE SERVICE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF BELL MEDIA HAS BEEN ADVISED OF, OR COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH LOSS OR DAMAGE. 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: EXCEPT FOR DAMAGES RESULTING FROM BELL MEDIA’S OWN ACTS, BELL MEDIA 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: (A) ANY USE OF, OR INABILITY TO USE, THE SERVICE, THE SOFTWARE, THE CONTENT, THIRD PARTY SOFTWARE, THIRD PARTY PLATFORMS, OR OTHER MATERIALS IN OR ASSOCIATED WITH THE SERVICE; (B) ANY UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ASSOCIATED PROFILES; OR (C) ANY OTHER MATTER RELATING TO THE SERVICE, THE SOFTWARE, THE CONTENT, THIRD PARTY SOFTWARE, THIRD PARTY PLATFORMS OR OTHER MATERIALS IN OR ASSOCIATED WITH THE 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 Service, Software and Content available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth in these Terms and Conditions, 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 these Terms and Conditions.
32. SUBMISSION OF CONTRIBUTIONS
In regard to any comments, information, photographs, ideas, concepts, reviews, or techniques or any other material contained in any communication that you may post, upload or submit to us (“Contributions”), you automatically grant us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, create derivative works from, publish, translate, license, transmit, distribute and otherwise exploit any or all portions of such Contributions in any manner and media and by means of any technology now known or hereafter developed. In addition, you hereby irrevocably waive all “moral rights” in any such Contributions posted, uploaded or submitted by you. You also confirm to us that: (a) the Contributions are wholly original to you; (b) no one else has any rights in the Contributions; (c) the Contributions do not contain confidential or proprietary information; and (d) we are free to implement the Contributions, if we so desire, as provided by you or as modified by us, without obtaining permission or a license from you or any third party and without any additional consideration of any kind.
Bell Media is not obligated to and does not regularly review, prescreen, monitor, delete, or edit Contributions. However, Bell Media 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 Contributions, in whole or in part, with or without notice. Bell Media is not responsible or liable for damages of any kind arising from any Contributions even when Bell Media is advised of the possibility of such damages, or from Bell Media’s alteration or deletion of any Contributions.
33. INVESTIGATIONS AND VIOLATIONS
BY ACCEPTING THESE TERMS AND CONDITIONS, YOU WAIVE AND HOLD HARMLESS BELL MEDIA FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY BELL MEDIA DURING OR AS A RESULT OF ITS INVESTIGATIONS OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER BELL MEDIA OR LAW ENFORCEMENT AUTHORITIES.
34. GOVERNING LAW AND JURISDICTION
If you are not a resident of Quebec, these Terms and Conditions shall be interpreted, construed and governed by the laws in force in the Province of Ontario, 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 Ontario and to waive any objections based upon venue.
If you are a resident of Quebec, these Terms and Conditions 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.
35. GENERAL PROVISIONS
36. Binding Arbitration
This Section 36 does not apply to individuals who reside in Quebec, Ontario, or Saskatchewan. Subject to applicable laws, any controversy or claim arising out of or relating to the Service or these Terms and Conditions, 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.
37. CONTACT US
If you have comments or questions about the Service, contact us using the contact information in the iHeartRadio FAQ or mail us at Bell Media Inc., 299 Queen Street West, Toronto, Ontario M5V 2Z5, Attention: Bell Media Communications.