CLEAR CHANNEL MOBILE TERMS OF SERVICE ("Terms")

WELCOME TO CLEAR CHANNEL MOBILE!  This mobile website is owned or managed by Clear Channel Broadcasting, Inc. (“Clear Channel”) and is part of the Clear Channel family of companies, which includes other quality entertainment brands such as broadcast and Internet radio stations, television stations, Clear Channel Outdoor, and the Premiere Radio Networks. 

Clear Channel Mobile (the “Service”) consists of content located on “http://wap.” plus the participating Clear Channel radio station website (i.e., http://wap.z100.com).  The Service is operated by this Clear Channel radio station in conjunction with m-Qube, Inc. (“m-Qube”).  In order to use the Service, you must have a mobile communications subscription with a wireless carrier (or otherwise have access to a mobile communications network for which Clear Channel makes the Service available) as well as any carrier services necessary to download content to your mobile device.  We make no representations regarding the compatibility or noncompatibility of the Service with your mobile device.  There may be service fees associated with certain carrier services necessary to use the Service.  Please contact your participating carrier for details.   

Legal Effect of this Agreement

Clear Channel provides this Clear Channel Service for your personal non-commercial use only and subject to your compliance with this Terms of Use Agreement (the “Agreement”).  These Terms constitute a legal agreement (the “Agreement”).  Please read this Agreement carefully before using this Service. Clear Channel reserves the right, in its sole discretion, to modify, alter, or otherwise change this Agreement at any time.

Your use of this Clear Channel Service constitutes your acceptance to be bound by this Agreement. If at any time you do not accept all the terms and conditions of this Agreement, you must immediately discontinue use of this Clear Channel Service.

YOU MAY NOT USE THIS SERVICE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT.  YOUR ACCESS TO THIS SERVICE MAY BE TERMINATED IMMEDIATELY IN OUR SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT, OR FOR ANY OTHER REASON, OR NO REASON.

Privacy and Protection of Personal Information
Clear Channel has developed a Privacy Statement in order to inform you of its practices with respect to the collection, use, and disclosure of personal information. You can find this Statement by clicking here

Accounts, Security, Passwords
If this Clear Channel Service requires you to open an account, you must complete the specified registration process by providing 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 completed the registration form, you may be asked to choose a password and a user name.  It is your responsibility to maintain the confidentiality of your password and account.

Additionally, you are responsible for any and all activities that occur under your account. You agree to notify Clear Channel immediately of any unauthorized use of your account. Clear Channel 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 sending the text message "STOP" from your mobile telephone number associated with your account.

Fees
Except where otherwise provided, access to and use of this Clear Channel Service are currently available without charge. Clear Channel reserves the right to charge a fee for access to or use of this Service at any time in the future. Your access to or use of this Service before such time does not entitle you to use of this Service without charge in the future.

In the event that charges or fees apply, you agree to pay your carrier the fee that corresponds to the Service or Downloads or other content in accordance with the fees in effect at the time of your order.  Unless otherwise indicated, the charges shall be invoiced on the bill from your carrier.  All fees, as applicable, are subject to change upon notice from Clear Channel.  Clear Channel will provide you with reasonable notice of such change.  All fees are due immediately and are non-refundable, except as otherwise expressly noted.

Intellectual Property Rights In Downloads Available Through This Service
Any software that is made available to view and/or download in connection with this Clear Channel Service is owned or controlled by Clear Channel and/or licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions.  We grant you a limited, non-exclusive, non-transferable, revocable license to download and use the object code version of the downloaded content on your mobile device solely for your own private, non-commercial use. Clear Channel accepts no responsibility or liability in connection with any content owned or controlled by third parties.

You further acknowledge and agree that you may not reproduce, modify, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the content provided by this Service except as expressly provided in this Agreement.  No rights are granted to you by this Agreement in any patents, copyrights, trade secrets, trademarks or any other rights in respect of the mobile entertainment content downloaded on your mobile device.

Disclaimer of Warranties
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS CLEAR CHANNEL SERVICE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS CLEAR CHANNEL SERVICE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. CLEAR CHANNEL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SERVICE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS SERVICE.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CLEAR CHANNEL 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. CLEAR CHANNEL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS SERVICE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SERVICE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. CLEAR CHANNEL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS SERVICE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.

CLEAR CHANNEL IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, E-MAILS OR MOBILE MESSAGES, ILLEGIBLE MESSAGES, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR CLEAR CHANNEL INTERACTIVE SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.

Links
This Clear Channel Service may contain links content owned or provided by third parties. Clear Channel does not monitor or control the linked sites and makes no representations regarding, and 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 these sites. If you choose to access any third party site, you do so at your own risk. The presence of a link to a third-party site does not constitute or imply Clear Channel's endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the site.

Limitations on Liability
In no event shall Clear Channel, its subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available this Clear Channel Service 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 the Clear Channel Service; (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 the Clear Channel Service or any information, software, products, services, and related graphics obtained through the Clear Channel Service; (vi) any transactions entered into through this Clear Channel Service; (vii) any property damage including damage to your mobile device caused by viruses or other harmful components, during or on account of access to or use of this Clear Channel Service or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of the Clear Channel Service. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if Clear Channel has been advised of the possibility of damages.

Indemnification
You agree to indemnify, defend, and hold harmless Clear Channel, 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 or any warranty you provide herein, or otherwise arising in any way out of your use of this Clear Channel Service. Clear Channel reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with Clear Channel in asserting any available defenses.

Modification/Termination by Clear Channel
Clear Channel reserves the right, in its sole discretion, to modify, suspend, or terminate this Clear Channel Service, and/or your account, password, or use of any Clear Channel Service, or any portion thereof, at any time for any reason with or without notice to you.

Termination of your account for this Service removes your authorization to use the Service. In the event of termination, you will still be bound by your obligations under this Agreement, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, Clear Channel shall not be liable to you or any third-party for any termination of your access to this Clear Channel Service.

Contests/Sweepstakes
For Additional Terms applying to all contests or sweepstakes conducted by this Clear Channel Service, refer to the contest or sweepstakes information.

Objectionable or Explicit Content

You and the owner of the mobile device acknowledge and agree that the Clear Channel  is not liable to anyone for any content or materials or any other aspect of the Service that anyone might find objectionable or contain explicit sexual content, and you and the owner of the mobile device release Clear Channel from any and all liability related thereto.

International Use/U.S. Export Controls
This Clear Channel Service is governed by and operated in accordance with the laws of United States and is intended for enjoyment of residents of the United States.  Clear Channel makes no representation that this Service is governed by or operated in accordance with the laws of other nations.

Accessing materials on this Clear Channel Service by certain persons in certain countries may not be lawful.  If you choose to access this Service 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 Clear Channel Service. No software or any other materials associated with this Service 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 this Service, you represent and warrant that you are no 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.

Notices

Except as expressly provided otherwise herein, all notices to Clear Channel  shall be in writing and delivered to:

C. Cain
Legal Department
Clear Channel Communications, Inc.
200 E. Basse Road
San Antonio, Texas 78209

legal@internal.clearchannel.com

Clear Channel shall serve notices related to this Agreement by posting them on the Service or by sending them to the postal address or e-mail address you have provided or as a text message to your mobile telephone number associated with your account.  Notices sent by mail shall be deemed received seven days after they were sent. Notices posted on the Service or sent by e-mail or as a text message shall be deemed received on the first business day following the day when they were posted or sent.

General Information
This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Texas, 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 cause of action you or Clear Channel brings to enforce this Agreement, or in connection with any matters related to this Clear Channel Service and/or the Privacy Statement, shall be brought only in either the state or Federal courts located in San Antonio, Texas. You agree to submit to the personal jurisdiction of the courts of the State of Texas 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 Clear Channel with respect to the use of this Clear Channel Service and shall not be modified except in writing, signed by an authorized representative of Clear Channel.

Questions or Inquiries.

If you have any questions concerning this Agreement, you may send them by email to wirelesslegal@clearchannel.com.  You must send any official correspondence via postal mail to:

Effective Date:             May 21, 2007