Quick Guide To Contents
I. MOBILE DEVICES
II. CHANGES TO THIS AGREEMENT
III. PRIVACY AND PROTECTION OF PERSONAL INFORMATION
IV. ACCOUNTS, SECURITY, REWARDS
V. USER CODE OF CONDUCT
VII. DISCLAIMER OF WARRANTIES
IX. LIMITATIONS ON LIABILITY
XI. MODIFICATION/TERMINATION BY CMM
XIII. SOFTWARE AND DOWNLOADS AVAILABLE THROUGH THIS SITE
XIV. INTERNATIONAL USE/U.S. EXPORT CONTROLS
XV. THIRD-PARTY MERCHANTS
XVI. ADVERTISEMENTS, SPONSORSHIPS, CO-PROMOTIONS AND OTHER PARTNERSHIPS XVII. REFERRAL PROGRAMS AND "FORWARD TO A FRIEND" OPPORTUNITIES
XX. COPYRIGHT AND TRADEMARK NOTICE
Certain products or services offered by this and/or other CMM Sites (each a "CMM Internet Service," and collectively "CMM Internet Services"), and certain areas within this and/or other CMM Sites may be governed by additional terms ("Additional Terms") presented in conjunction with those products or services. You must agree to those Additional Terms before using those areas or CMM Internet Services. The Additional Terms and this Agreement, taken together, shall apply to your use of those areas or CMM Internet Services. In the event of an irreconcilable inconsistency between the Additional Terms and this Agreement, the Additional Terms shall control.
YOU MAY NOT USE ANY CMM SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO ANY CMM SITE MAY BE TERMINATED IMMEDIATELY AT CMM'S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.
By using this CMM Site, you are representing and warranting that: (a) you are a legal resident of the United States; (b) you are at or above the legal age of majority in your jurisdiction of residence; (c) you own or have sufficient authorization to use the computer, mobile device, technology or other device you use to access this CMM Site (collectively, "Device"); and (c) you will access and use this CMM Site in accordance with this Agreement.
I. Mobile Devices
If permitted or available through the applicable CMM Site to (a) upload content to this CMM Site via your mobile device and/or tablet, (b) receive and reply to messages, or to access or make posts using text messaging, (c) browse this CMM Site from your mobile device and/or (d) to access certain features through a mobile application you have downloaded and installed on your mobile device (collectively the "Mobile Services"), you must have a mobile communications subscription (or have the consent of the applicable subscriber) with a participating carrier or otherwise have access to a mobile communications network for which CMM makes the CMM Site available as well as any carrier services necessary to download content, and pay any service fees associated with any such access (including text messaging charges for each text message you send and receive on your mobile device). In addition, you must provide all equipment and software necessary to connect to the CMM Site, including, but not limited to, if this CMM Site contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the CMM Site and to use any part of that Service. You are responsible for ensuring that your equipment and/or software does not disturb or interfere with CMM or this CMM Site's operations or the CMM Site. Any equipment or software causing interference will be immediately disconnected from the CMM Site and CMM will have the right to immediately terminate this Agreement. If any upgrade in or to the CMM Site requires changes in your equipment or software (including the operating system for your Device), you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current CMM Site, including the release of new products and services, will be subject to the terms and conditions of this Agreement. You agree to follow and comply with any applicable laws in your use of the CMM Site.
II. Changes to This Agreement
CMM reserves the right, in its sole discretion, to modify, alter, or otherwise change this Agreement and/or the Additional Terms at any time. CMM will provide notice of such change on this CMM Site. Please review this Agreement and/or Additional Terms periodically for changes. Your continued use of this CMM 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 CMM Site and/or the CMM Site to which the changes may apply.
III. Privacy and Protection of Personal Information
CMM has developed a Privacy Statement in order to inform you of its practices with respect to the collection, use, disclosure and protection of personal information. You can find the Privacy Statement, which is incorporated into this Agreement, by clicking here
, and by using this CMM Site you agree to the terms of the Privacy Statement.
IV. Accounts, Security, Rewards Passwords
If a particular CMM Site or CMM Site 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 online registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. After you have fully completed the registration form, you may be asked to choose a password and a user name. 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 agree to notify CMM immediately of any unauthorized use of your account. CMM is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may cancel your account by delivering notice in the manner provided in the Additional Terms governing the particular CMM Site.
When you complete a study offered to you on the CMM Site, we may provide you with a gift card redeemable at Amazon.com. In order to receive a gift card, you must meet the applicable study requirements (requirements (which include but are not limited to: age, race, sex, specific radio station listening, TSL) and fully complete all questions in the survey. Gift card codes will be assigned to your account. You may log into your account and claim the reward code after completing the study requirements. REWARDS EXPIRE 1 YEAR AFTER THE DATE EARNED.
V. User Code of Conduct
In accessing and using this CMM Site and/or the CMM Sites, 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 (unless it is on a page that explicitly states that such postings are allowed on that page).
- Deliver any unlawful (according to local, state, federal, or international law or regulation) postings to or through this CMM 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 CMM service in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of this CMM 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 CMM Site, any related website, other accounts, computer system, or networks connected to this CMM 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 CMM Site, including harvesting or otherwise collecting information about others such as email addresses.
Except where otherwise provided, access to and use of this CMM Site and the CMM Sites offered through it are currently available without charge. CMM reserves the right to charge a fee for access to or use of this CMM Site, or any CMM Site available on this CMM Site at any time in the future. Your access to or use of this CMM Site before such time does not entitle you to use of this CMM Site without charge in the future.
VII. Disclaimer of Warranties
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS CMM SITE AND/OR CMM INTERACTIVE SERVICE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS CMM SITE OR CMM INTERACTIVE SERVICE ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. CMM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS CMM SITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS CMM SITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CMM DISCLAIMS ALL REPRESENTATIONS AND 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. CMM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS CMM SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS CMM SITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. CMM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS CMM SITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.
CMM IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR CMM INTERACTIVE SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, CMM'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
IX. Limitations on Liability
In no event shall CMM, its subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available this CMM Site and its contents, be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of this CMM Site; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained on this CMM Site or any information, software, products, services, and related graphics obtained through this CMM Site; (vi) any transactions entered into through this CMM Site; (vii) 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 CMM Site or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of this CMM Site. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if CMM has been advised of the possibility of damages.
You agree to indemnify and hold harmless CMM, 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 this Agreement, the Additional Terms, or any warranty you provide herein, or otherwise arising in any way out of your use of this CMM Site and any related CMM Internet Service and/or software. You agree to cooperate fully with CMM in asserting any available defenses in connection with a claim subject to indemnification by you under this Agreement.
XI. Modification/Termination by CMM
reserves the right, in its sole discretion, to modify, suspend, or terminate this CMM Site and/or any portion thereof, including your account, password, or use of any CMM Site, or any portion thereof, at any time for any reason with or without notice to you.
Termination of your account for the CMM Site removes your authorization to use the CMM Site. In the event of termination, you will still be bound by your obligations under this Agreement and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, CMM shall not be liable to you or any third party for any termination of your access to a CMM Internet Service.
XIII. Software and Downloads Available Through This Site
Any software that is made available to access, use, view and/or download in connection with a CMM Site or CMM Internet Service ("Software"), including applications, audio streaming, or video streaming, is owned or controlled by CMM and/or its licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is limited to private, non-commercial use and is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software. CMM accepts no responsibility or liability in connection with any Software owned or controlled by third parties.
XIV. International Use/U.S. Export Controls
Accessing materials on this CMM Site by certain persons in certain countries may not be lawful, and CMM makes no representation that materials on this CMM Site are appropriate or available for use in locations outside the United States. If you choose to access this CMM Site from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.
The United States controls the export of any software downloadable from this CMM Site. No software or any other materials associated with this CMM Site may be downloaded or otherwise exported or re-exported to countries or persons prohibited under export control laws, including but not limited to countries against which the United States has embargoed goods, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from a CMM Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.
XV. Third-Party Merchants
This CMM Site may enable you to order and receive products, information and services from businesses that are not owned or operated by CMM. 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. CMM 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. CMM will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for the CMM Site.
XVI. Advertisements, Sponsorships, Co-Promotions and Other Partnerships
CMM may display advertisements for the goods and services of a third party on the CMM Sites, including in connection with co-promotions, sponsorships and other similar partnership arrangements. CMM 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 this CMM Site.
XVII. Referral Programs and "Forward to a Friend" Opportunities
The CMM Site may offer referral programs that permit you to submit information about other persons (each, a "Referred Person"), including, without limitation, U.S.-based email addresses, mobile telephone numbers, names, street addresses and other contact information so they may receive information and/or promotional offers concerning the CMM Site. You may only refer persons with whom you have a personal relationship. You must have obtained the consent of the Referred Person prior to providing us with his or her contact information. We reserve the right to limit the number of Referred Persons you can submit. We reserve the right to limit the number of transmissions to any particular Referred Person from time to time. You may not withdraw the contact information you provide for a Referred Person once it has been submitted. A Referred Person must be a permanent, legal resident of the continental United States, at least 18 years old (or 19 years old if a resident of Alabama or Nebraska, or 21 years old if a resident of Mississippi), and be able to register for the CMM Site, or otherwise use the CMM Site. The contact information for a Referred Person must be valid and functioning in order for us to contact him or her about the CMM Site. We will not be responsible for validating the contact information you provide. We may elect NOT to communicate with any Referred Person and/or e-mail address if he/she/it appears to be on any of our "do not contact" or "do not e-mail" lists. In addition, we reserve the right to reject the participation of any Referred Person if (a) the contact information provided by you is incorrect or not valid, (b) such individual has violated any provision of these terms or conditions, or (c) we determine in our sole discretion that the participation of such individual might be harmful to us, this CMM Site or any third party for any reason. We specifically disclaim any liability for exercising such right.
We may, at our discretion, send you a confirmation using any means available through the CMM Site, including email, text and other forms of messaging, to inform you that the Referred Person has registered for the CMM Site. If we send the confirmation to you via the carrier service with which you have a mobile communications subscription or otherwise have access, you understand you will pay any service fees associated with any such access (including text messaging charges in connection with messages to your mobile device). If you misuse any referral program or otherwise engage in improper behavior with respect to a referral program, as we determine in our sole discretion, we reserve the right to discontinue the CMM Site to you. We may from time to time offer incentives or rewards in connection with a referral program, and any such incentive or reward programs shall be subject to Additional Terms which will be posted at the time such programs become available and will be deemed incorporated into, and subject to, this Agreement. We reserve the right, in our sole discretion, to suspend, temporarily or permanently, or cease to provide any and all referral programs without notice, reason or liability.
If you are using the CMM Site to communicate to a Referred Person (or any third party), you agree not to use such CMM Site to harm the Referred Person or any other third party, and/or use such CMM Site in violation of any applicable laws, rules or regulations or the terms and conditions of this Agreement.
Any sweepstakes, contests, games and/or promotional offers accessible on this CMM Site are governed by specific rules and/or terms and conditions. By entering a sweepstakes or contests or participating in such games or promotional offers available on this CMM Site, 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, which are linked from the particular page or activity. To the extent of any conflict between those rules and/or terms and conditions and these Terms, the rules and/or terms and conditions for the sweepstakes, game or promotional offer will govern, but only to the extent of the conflict. Any sweepstakes, contests, games and/or promotional offers made available or advertised on third party sites accessible from this CMM Site (such as those of social media partners like Facebook and Twitter), in addition to being subject to the specific rules and/or terms and conditions applicable to your participation in such feature(s) on this CMM Site, will also be subject to the rules and/or terms and conditions applicable to your participation in such feature(s) on those third party sites.
This Agreement and any Additional Terms shall be governed by, construed and enforced in accordance with the laws of the State of New York, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles. You agree that any and all disputes, claims and causes of action arising out of, or connected with, this Agreement and/or the Additional Terms, or in connection with any matters related to this CMM Site and/or the Privacy Statement, shall be resolved individually, without resort to any form of class action, exclusively in either the state or Federal courts located in New York County, New York. You agree to submit to the personal jurisdiction of the courts of the State of New York for any cause of action arising out of this Agreement. You agree to file any cause of action with respect to this Agreement within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.
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. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Unless expressly provided otherwise, this Agreement is the entire agreement between you and CMM with respect to the use of this CMM Site and shall not be modified except in writing, signed by an authorized representative of CMM.
If you have any questions concerning this Agreement, you may send them by email to firstname.lastname@example.org. You must send any official correspondence via postal mail to:
Critical Mass Media
200 East Basse Road, Suite 100
San Antonio, TX 78209
By Facsimile: (210) 832-3149
By Email: IPPermission@iheartmedia.com
XX. Copyright & Trademark Notice Use of Intellectual Property
The CMM 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, CMM logos, titles, characters, names, graphics and button icons (collectively "Intellectual Property"), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by CMM or by other parties that have provided rights thereto to CMM.
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, information, software or products obtained from or through this CMM Site, in whole or in part, without the express written permission of CMM.
Other trademarks, service marks, product names and company names or logos appearing on this CMM Site that are not owned by CMM may not be used without express permission from their owners.
Additionally, unless otherwise expressly permitted, websites may not link, whether by hyperlink or otherwise, to any page beyond the homepage of this CMM Site, or frame this CMM Site, or any web page or material herein, nor may any entity include a link to any aspect of this CMM Site in an email for commercial purposes, without the express written permission of CMM. Further, unless otherwise expressly permitted, you agree not to link to CMM's Intellectual Property so as to cause you or anyone else to access CMM's Intellectual Property other than through this CMM Site.
You may inquire about obtaining permission by writing:
IP Permission Legal Department Attention: Critical Mass Media, Inc. 200 East Basse Road, Suite 100 San Antonio, TX 78209
By Facsimile: (210) 832-3149
By Email: IPPermission@iheartmedia.com
CMM respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. By submitting any material or photographs through this CMM Site, you are granting permission to have this material posted on this CMM 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. CMM reserves the right to remove access to infringing material. Such actions do not affect or modify any other rights CMM 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, in accordance with the provisions of the Digital Millennium Copyright Act, to our Designated Agent, who can be reached as follows:
DMCA Designated Agent Critical Mass Media, Inc.
c/o Legal Department
200 East Basse Road, Suite 100 San Antonio, TX 78209
By Facsimile: (210) 832-3149
By Email: email@example.com
Pursuant to 17 U.S.C. Â§ 512(c), to be effective, the Notification must include the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit CMM to locate the material.
(iv) Information reasonably sufficient to permit CMM to contact the complaining party, such as an address, telephone number, and, if available, an email address.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.
This Agreement was last modified on May 12, 2017.
PRIVACY & COOKIE NOTICE
UPDATED AS OF: May 12, 2017
Critical Mass Media, Inc. ("CMM", "we", "us", or "our") is committed to maintaining your confidence and trust as it relates to the privacy of your information. Please read below and learn how we collect, protect, share and use your information as part of our technology platforms, including, without limitation, our websites, web pages, interactive features, applications, Twitter and Facebook pages, and Mobile Application ("Platforms").
QUICK GUIDE TO CONTENTS
1. INFORMATION COLLECTED ON OUR PLATFORMS
2. HOW WE USE THE INFORMATION WE COLLECT
3. SHARING OF INFORMATION
4. INFORMATION WE RECEIVE FROM THIRD PARTIES
5. YOUR PRIVACY RIGHTS, CHOICE AND ACCESS
6. ADVERTISING/BEHAVIORAL TARGETING; HOW TO OPT-OUT
8. SECURITY OF YOUR INFORMATION
9. OTHER SITES
10. CONSENT TO PROCESSING AND TRANSFER OF INFORMATION
12. CONTACT US
1. INFORMATION COLLECTED ON OUR PLATFORMS
Information You Provide To Us
We or our service providers may collect Personal Information (information that can be used to identify you as an individual) such as your name, email, telephone number, home address, demographic information (such as zip code, age and gender), location information, or payment information (such as account or credit card number). The types of Personal Information collected may vary depending on your use of the features of the Platforms. For example, your credit card number and other payment related information may be collected in connection with your purchase of products and/or services through the Platforms. We post customer testimonials/video testimonials on our Platforms which may contain personally identifiable information. If we want to post a customer's name along with their testimonial, we obtain the customer's consent via email prior to posting the testimonial.
Information Collected Automatically Usage Information. Whenever you visit or interact with the Platforms, we, as well as any third-party advertisers and/or service providers, may use a variety of technologies that automatically or passively collect information about how the Platforms are accessed and used ("Usage Information"). Usage Information may include Device Identifiers (as defined below), browser type, device type, operating system, application version, the page served, the time, the preceding page views, and your use of features or applications on the Platforms, such as song history, interaction with friends and group activities. This information helps us keep our Platforms fresh and interesting to our visitors and allows us to tailor content to a visitor's interests.
Device Identifier. We or our service providers automatically collect your IP address or other unique identifier ("Device Identifier") for the Device (computer, mobile phone, tablet or other device) you use to access the Platforms. A Device Identifier is a number such as a mobile advertising identifier (Android AAID or Apple IDFA) that is assigned to your Device when you access a website or its servers, and our computers identify your Device by its Device Identifier. We may use a Device Identifier to, among other things, administer the Platforms, help diagnose problems with our servers, analyze trends, provide attribution metrics to our advertisers and partners, track users' web page movements, help identify you and your shopping cart, and gather broad demographic information for aggregate use.
Location Information. We may collect or infer information about the general location of your Device when you access or use the Platform; or if you choose to turn on your Bluetooth, Wi-Fi or other geolocation functionality when you use the App, subject to your consent, the App may collect, infer, and use more precise geolocation information. We may use and share your location with certain third-parties for analytics, attribution and advertising purposes (currently advertising use is restricted to CMM properties only). Cookies; Pixel Tags. The technologies used on the Platforms to collect Usage Information, including Device Identifiers, include but are not limited to: cookies (data files placed on a Device when it is used to visit the Platforms), mobile analytics software and pixel tags (transparent graphic image, sometimes called a web beacon or tracking beacon, placed on a web page or in an email, which indicates that a page or email has been viewed). Cookies may also be used to associate you with social networking sites like Facebook and Twitter and, if you so choose, enable interaction between your activities on the Platforms and your activities on such social networking sites. We, or our vendors and third party partners, may place cookies or similar files on your Device for security purposes, to facilitate site navigation and to personalize your experience while visiting our Platforms (such as to select which ads or offers are most likely to appeal to you, based on your interests, preferences, location, or demographic information), as well as for market research related purposes. A pixel tag may tell your browser to get content from another server.
To learn how you may be able to reduce the number of cookies you receive from us, or delete cookies that have already been installed in your browser's cookie folder, please refer to your browser's help menu or other instructions related to your browser. You can also learn more about cookies by visiting www.allaboutcookies.org which includes additional useful information on cookies and how to block cookies using different types of browsers. To learn how to change your Device Identifier, please refer to your device's help menu or other instructions. If you do disable or opt out of receiving cookies or change your Device Identifier, we will honor your request, however please be aware that some features and services on our Platforms may not work properly because we may not be able to recognize and associate you with your CMM account(s). In addition, the offers we provide when you visit us may not be as relevant to you or tailored to your interests.
For more information on advertising using cookies and how to opt out of advertising cookies specifically, please see Advertising; How To Opt-Out below
2. HOW WE USE THE INFORMATION WE COLLECT
We use the information we collect about and from you for a variety of business purposes such as to respond to your questions and requests; provide you with access to certain areas and features of the Platforms such as your favorite stations, your musical preferences, songs you have listened to, shared playlists and your interaction with other users; verify your identity; communicate with you about your account and activities on the Platforms and, in our discretion, changes to any CMM policy; market research, Platform analytics and operations; curate content, advertisements, and offers that are served to you; improve the Platforms; comply with license obligations; and for purposes disclosed at the time you provide your Personal Information or otherwise with your consent. We may collect location based information about you to provide you with radio stations in your area and to customize advertisements and offers we serve to you.
3. SHARING OF INFORMATION
We may share non-Personal Information, such as aggregate data and Usage Information such as Device Identifiers and general geographic data with third parties. We may also share your information as disclosed at the time you provide your information, as set forth in this Privacy Notice and in the following circumstances:
Business Transfers. We may share your Personal Information with other entities and our affiliates primarily for business and operational purposes. In the event that CMM is involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that process or transaction.
4. INFORMATION WE RECEIVE FROM THIRD PARTIES
We may receive information about you from third parties. For example, if you are on another website and you opt-in to receive information from CMM, that website will submit to us your email address and other information about you so that we may contact you as requested. You may also choose to participate in a third party application or feature (such as one of our Facebook or Twitter applications or a similar application or feature on a third party website) through which you allow us to collect (or the third party to share) information about you, including Usage Information, Device Identifiers, and Personal Information such as lists of your friends, "likes", comments you have shared, groups and location. Services like Facebook Connect give you the option to post information about your activities on our Platform to your profile page to share with others within your network. In addition, we may receive information about you if other users of a third party website give us access to their profiles and you are one of their "connections" or information about you is otherwise accessible through your "connections'" web page, profile page, or similar page on a social networking or other third party website or interactive service. We may also receive information about you from third party data providers. We may supplement the information we collect about you through the Platforms with such information from third parties in order to enhance our ability to serve you, to tailor our content to you and/or to offer you opportunities to purchase products or services that we believe may be of interest to you.
5. YOUR PRIVACY RIGHTS, CHOICE AND ACCESS
You may always direct us not to share your Personal Information with third parties (other than our service providers), not to use your Personal Information to provide you with information or offers, or not to send you newsletters, emails or other communications by: (i) modifying your registered user information on the Platforms; (ii) sending us an email at firstname.lastname@example.org; (iii) contacting us by mail at CMM Customer Service, 200 E. Basse Road Suite 100, San Antonio, TX 78209; or (iv) following the removal instructions in the communication that you receive. Your opt-out request will be processed within 30 days of the date on which we receive it.
If you wish to modify, verify, correct, or delete any of your Personal Information collected through the Platforms, you may edit your registered user information or contact us at the above address or email. In accordance with our routine record keeping, we may delete certain records that contain Personal Information you have submitted through the Platforms. We are under no obligation to store such Personal Information indefinitely and disclaim any liability arising out of, or related to, the destruction of such Personal Information. It may not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons. We will retain your information (including geo-location data) for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services contact us at email@example.com.Â We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We do not control certain privacy settings and preferences maintained by our social media partners like Facebook and Twitter. If you wish to make changes to those settings and preferences, you may do so by visiting the settings page of the appropriate social media site.
Location Information: By downloading our App or using the Platform, you consent to our collection and use of your Device location information and sharing of location information with third parties for analytics and advertising purposes (currently advertising use is exclusively within CMM properties). If you initially consent to our collection of precise location information, you can subsequently stop the collection of precise location information at any time by going to the setting feature on your Device and changing your preferences. If you do so, certain features of our App may no longer function. You also may stop our collection of location information by following the standard uninstall process to remove our App from your device.
6. ADVERTISING/BEHAVIORAL TARGETING; HOW TO OPT-OUT
If you do not want to receive the benefits of targeted advertising, you may opt out of some network advertising programs that use your information by visiting the NAI Opt-Out Page http://www.networkadvertising.org/choices/. Please note that even if you choose to remove your information (opt out), you will still see advertisements while you're browsing online. However, the advertisements you see may be less relevant to you and your interests. Additionally, many network advertising programs allow you to view and manage the interest categories they have compiled from your online browsing activities. These interest categories help determine the types of targeted advertisements you may receive. The NAI Opt-Out Page provides a tool that identifies its member companies that have cookies on your browser and provides a mechanism to opt out of receiving cookies from those companies. Please note that if you opt-out of targeted advertising, we may still track your visits to the Platforms for our own analytics, operations and security purposes. Your browser may offer you a "Do Not Track" option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and/or across different websites. Our Platforms do not support Do Not Track requests at this time, which means that we collect information about your online activity both while you are using the Platforms and after you leave our Platforms.
We do not knowingly collect, use or disclose personally identifiable information from anyone under 13 years of age. If we determine upon collection that a user is under this age, we will not use or maintain his/her Personal Information without the parent/guardian's consent. If we become aware that we have unknowingly collected personally identifiable information from a child under the age of 13, we will make reasonable efforts to delete such information from our records.
8. SECURITY OF YOUR INFORMATION
We Take Information Security Seriously; However, No Electronic Data Transmission Or Storage Of Information Can Be Guaranteed To Be 100% Secure. Please Note That We Cannot Ensure Or Warrant The Security Of Any Information You Transmit To Us, And You Use The Platforms And Provide Us With Your Information At Your Own Risk.
9. OTHER SITES
The Platforms may contain links to other sites that we do not own or operate. This includes links from advertisers, sponsors and/or partners that may use our logo(s) as part of a co-branding or co-marketing agreement. We do not control, recommend or endorse and are not responsible for these sites or their content, products, services or privacy policies or practices. These other sites may send their own cookies to your Device, they may independently collect data or solicit Personal Information and may or may not have their own published privacy policies. You should also independently assess the authenticity of any site which appears or claims that it is one of our Platforms (including those linked to through an email or social networking page).
The Platforms may make available chat rooms, forums, message boards, and news groups. Remember that any information that you disclose in these areas becomes public information and is not subject to the provisions of this Privacy Notice.
10. CONSENT TO PROCESSING AND TRANSFER OF INFORMATION
The Platforms are governed by and operated in, and in accordance with the laws of, the United States, and are intended for the enjoyment of residents of the United States. CMM makes no representation that the Platforms are governed by or operated in accordance with the laws of any other nation. Given that we are an international business, our use of your information necessarily involves the transmission of data on an international basis. If you are located in the European Union, Canada or elsewhere outside of the United States, please be aware that information we collect may be transferred to and processed in the United States. By using the Platforms, or providing us with any information, you (a) acknowledge that the Platforms are subject to the laws of the United States, (b) consent to the collection, processing, maintenance and transfer of such information in and to the United States and other applicable territories in which the privacy laws may not be as comprehensive as or equivalent to those in the country where you reside and/or are a citizen, and (c) waive any claims that may arise under those laws.
We may update this Privacy Notice from time to time to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on our Platforms prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.
12. CONTACT US
If you have any questions or concerns about this Privacy Statement, the practices of the Platforms, or your experiences with the Platforms, please contact us at:
Attn: Privacy Questions
Attention: Critical Mass Media, Inc.
200 E. Basse Road, Suite 100
San Antonio, TX 78209
Re: iHeartMedia Privacy Statement