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2. RESTRICTIONS ON USE, TRADEMARKS AND COPYRIGHTS
2.1 Material on this Site, including, but not limited to images, illustrations, audio and/or video files (whether available for download or streaming), may be protected by copyright which is owned and controlled by ARN or by other parties that have licensed their material to ARN.
2.3 Unless granted permission by ARN, material from the Site or any website owned, operated, licensed or controlled by ARN, or from any ARN Internet Service, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way.
2.4 Modification of the materials including, but not limited to, removal of copyright, trademark or other notice of proprietary rights, or use of the materials for any other purpose is a violation of this Termsof Use Agreement, as well as laws protecting copyrights and other proprietary rights.
2.6 The ARN logo and other product and service names used on the Site and by ARN Internet Services, including marks associated with iHeartRadio are registered trademarks or may be marks with a protectable reputation under common law. You must not display or use the marks in any manner without the prior written consent of ARN. Some of these trademarks may be available to you to place on your own website as a hyperlink to the station’s homepage or ancillary pages but such use requires the express written authorisation of ARN.
3.1 By using this Site, or an ARN Internet Service, you represent that you:
- Are within Australia;
- Own the computer, smartphone, tablet or other device (collectively, the “Device”) with which you access the Site or ARN Internet Service or are duly authorised to use the Device; and
3.2 The owner or the authorised user is responsible for the Device. ARN provides no indemnity for costs associated with the Device including, amongst other things, internet plans and excess data costs, the acquisition or repair of hardware or costs as a result of malware or virus.
3.3 The user acknowledges that by accessing this Site or any ARN Internet Service over a WiFi connection the Device and any downloaded software or stored information may be vulnerable to security breach.
3.4 ARN reserves the right to charge a fee for any ARN Internet Service.
4. ACCOUNTS AND SECURITY
4.1 If a particular ARN Site or ARN Internet Service requires an account to be opened, the information provided and maintained must be current, complete, and accurate. Any loss caused by a failure to provide and maintain such information is the user’s responsibility.
4.2 It is the user’s responsibility to maintain the confidentiality of their password and account details.
4.3 Additionally, the user is entirely responsible for any and all activities that occur under the account. ARN must be notified immediately of any unauthorized use of the account. ARN is not liable for any loss that you may incur as a result of someone else using the password or account, either with or without your knowledge.
4.4 An account may be cancelled by delivering notice in the manner provided in the Additional Terms governing the particular ARN Internet Service.
5. LINKED SITES
5.1 This Site may contain links to websites operated by third parties (“Linked sites”). The Linked sites are provided for your convenience or on a paid advertising basis only and are not an endorsement by ARN of the content of such Linked sites. ARN makes no representation regarding, and is not responsible for, the content or accuracy of the materials on such Linked sites. If you decide to access any Linked sites, you do so at your own risk. You further acknowledge and agree that ARN shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any Linked sites.
6.3 Use of the iHeartRadio service will, from time to time, necessitate the transfer of data from ARN to a third party, including Clear Channel as the operator of iHeartRadio. .
7. ADVERTISERS AND ON-LINE SHOPPING
7.1 Your relations and dealings with, or participation in promotions of, advertisers and vendors located on or contacted through the Site (but not including purchases made through iHeartRadio functions including the payment for and delivery of goods and services and any other terms, conditions, warranties or representations associated with such dealings are solely between you and the relevant vendor or advertiser. You agree that ARN shall not be responsible or liable, either directly or indirectly, for any loss or damage caused or alleged to be caused by or in relation to any such dealings or as the result of the presence of such advertisers on the Site.
8.1 This Site and the materials associated with the Site are provided on an “as is” basis without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, ARN disclaims all warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement of third parties’ rights.
8.2 ARN does not warrant that the Site or the ARN Internet Services will operate error-free or uninterrupted, that defects will be corrected, or that this Site and/or its server will be free of viruses and/or other harmful components.
8.3 ARN does not warrant or make any representations regarding availability, accuracy, reliability, completeness, or timeliness of the materials, services, text, graphics, user contributions including reviews or other commentary provided by ARN or third parties and or links associated with this Site.
9. LIMITATION OF LIABILITY
9.1 In no event shall ARN or its content providers be responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data/materials or to whom such data/materials may be furnished) for any loss, damage, injury, claim, liability or other cause whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting, directly or indirectly, from lost data or business interruption) resulting from the use or inability to use this Site or ARN Internet Service and/or the material associated with the Site, or resulting from any information or opinions provided on this Site and/or the material associated with the Site, whether based on warranty, contract, tort or any other legal theory, and whether or not ARN is advised of the possibility of such damages.
10. SUBMISSIONS AND VOTING FEATURES
10.1 Any interaction, communication or other material submitted or posted to bulletin boards, chat rooms, or other forums conducted on this Site (“Forums”), the Site or ARN Internet Service will be considered non-confidential and by posting or otherwise submitting any communication or other material, you automatically grant ARN a royalty-free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication or material alone or as a part of other works in any form, media, or technology whether now known or hereafter developed, and to sub-license such rights through multiple tiers of sub-licences.
10.3 In accessing and using this ARN Site and/or the ARN Internet Services, you agree that you will not:
- Post, or provide links to, content that is obscene, pornographic, violent, harassing, hateful or threatening or which defames or invades privacy;
- Interfere with this Site or any ARN Internet Service or cause damage or disruption to, or limit the functioning of, any software, hardware, or telecommunications equipment;
- Manipulate any features provided by ARN, including Forums or voting features, manually or by use of code;
- Impersonate another person or entity;
- Gain unauthorised access to the Site or ARN computer systems, networks or the ARN Internet Services;
- Post any personal information; or
- Use ARN Sites or ARN Internet Services to deliver any unsolicited, junk or bulk materials.
- Voting in excess of any stated limitation;
- Accepting payment or other consideration in exchange for votes/ratings;
- Generating votes or ratings by script, macro or other automated means or any other means intended to impact the integrity of the voting/rating process as determined by ARN; or
- Otherwise corrupting or impairing the administration, security, or fairness of the voting/rating.
10.5 Participation in voting/rating features via a third party application or feature (such as one of our social media partners like Facebook or Twitter), may be subject to the terms and conditions governing that third party application or feature.