iHeartRadio Destination / Content License Agreement

iHeartMedia +  Entertainment, Inc. (“IHM”) owns, operates, and publishes an audio  content delivery service currently known as “iHeartRadio”, which  includes websites, widgets, Internet domains, audio and video content,  and applications—operated on first party or third party platforms.

I authorize iHeartRadio to create a registration account located at  www.iheart.com and to use the destination URL and RSS feed provided by  me into the registration account so as to allow the inclusion of my  audio and/or video content, including, without limitation, any  associated creative materials, intellectual property, metadata, images  or other associated content (the “Podcast”), in iHeartRadio.  By  providing this destination URL and RSS feed and publishing my Podcast to  this destination I hereby acknowledge and agree as follows:

  1. I hereby grant IHM a worldwide, non-exclusive, sublicensable,  royalty-free license  to (i) use and distribute the Podcast in  conjunction with iHeartRadio, (ii) display the Podcast through  iHeartRadio to end users of iHeartRadio; and (iii) reproduce, transcode,  copy, split into shorter tracks, and process the Podcast.
  2. IHM may present advertisements to end users in connection with the  Podcast, including, without limitation (i) before the Podcast is  displayed or provided (e.g. a “Pre-Roll Advertisement”); (ii) after the  Podcast is displayed or provided (e.g. a “Post-Roll Advertisement”); and  (iii) contemporaneously while the Podcast is played (e.g. a “Display  Advertisement”).  I acknowledge and agree that I will not receive any  revenue associated with the sale by IHM of any such advertisements.
  3. I am providing the Podcast at no cost to IHM and IHM shall not be  required to pay me any fee in connection with its use of the Podcast.
  4. I understand that iHeartRadio shall be under no obligation to make  the Podcast available via iHeartRadio and may remove the Podcast from  iHeartRadio at any time without notice to me or liability to  iHeartRadio.
  5. iHeartRadio may use the Podcast, at no cost, in connection with any aspect of iHeartRadio including any paid tiers.
  6. I grant IHM a worldwide, non-exclusive, sublicensable, royalty-free  license to use, reproduce, publish, and distribute the registered and  unregistered trademarks, service marks, logos and trade names as used in  any Podcast.  
  7. I have all necessary rights, title, and interest in and to the  Podcast; I shall procure and maintain all necessary public performance  rights, music publishing and performance rights, consents, licenses, and  clearances with respect to its offering of the Podcast; and the Podcast  and any portion thereof (including any third party content included in  the Podcast) do not and will not (a) infringe, violate, or  misappropriate any third-party right, including any copyright,  trademark, patent, trade secret, moral rights, privacy rights, rights of  publicity, or any other intellectual property or proprietary right, (b)  slander, defame, libel or invade the right of privacy, publicity or  other property rights of any person, or (c) generate spam, phish or  violate any law. I shall immediately notify IHM if I become aware that  any of the foregoing is untrue.
  8. IHM may enter into similar agreements with any other person.
  9. I will not make any oral or written statements, press releases,  advertisements or other marketing statements regarding IHM’s inclusion  of the Podcast in iHeartRadio without IHM’s prior written consent.  IHM  may advertise the Podcast’s presence in IHM.
  10. I understand that the iHeartRadio may at any time delete this  destination from my registration account temporarily or permanently at  IHM’s sole discretion.
  11. I understand that IHM does not endorse any Podcast content submitted  to iHeartRadio by any user or other licensor, or any opinion,  recommendation, or advice expressed therein, and IHM expressly disclaims  any and all liability in connection with such content. IHM does not  permit copyright infringing activities and infringement of intellectual  property rights on iHeartRadio, and IHM will remove all content if  properly notified that such content infringes on another's intellectual  property rights. IHM reserves the right to remove content without prior  notice.If I believe that any work has been copied in a way that  constitutes copyright infringement, I should send written notification  thereof, in accordance with the provisions of the Digital Millennium  Copyright Act, to IHM’s Designated Agent, who can be reached as follows:  

    By mail: 
    DMCA Designated Agent
    c/o Legal Department
    iHeartMedia, Inc.
    20880 Stone Oak Pkwy
    San Antonio, TX 78258

    By Email:
    dmca@iheartmedia.com

    Pursuant  to 17 U.S.C. § 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 Clear Channel to locate the  material; (iv) Information reasonably sufficient to permit Clear Channel  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; and (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.
  12. As between me and IHM, I retain all right, title and interest in and  to the Podcast, and all right, title and interest in and to the  intellectual property rights embodied in the Podcast.  
  13. As between me and IHM, IHM retains all right, title and interest in  and to iHeartRadio, and all right, title and interest in and to the  intellectual property rights embodied in iHeartRadio.
  14. xIHM hereby grants to you, for so long as you have a Podcast in  iHeartRadio, a non-exclusive, non-transferable, non-sublicensable,  royalty-free, limited license throughout the world to: (1) use and  display solely the “Listen On iHeartRadio” button and logo (“Podcast  Mark”) (accessible via brand.iheart.com)  solely on your website and with a hyperlink to your Podcast in  iHeartRadio; (2) use of @iHeartRadio handle in connection with social  media posts promoting your Podcast in iHeartRadio and with a hyperlink  to your Podcast in iHeartRadio; and (3) reference iHeartMedia name in  pre-approved press releases.  It is understood and agreed that IHM shall  retain exclusive title to and ownership of its names, logos, handles,  hashtags, and the Podcast Mark (“IHM IP”) and that no title or ownership  is hereby transferred to you.  All use by you shall inure solely to the  benefit of IHM.
  15. You agree that any use of the IHM IP shall be rendered in accordance  with such specifications and standards as may be communicated by IHM to  you from time to time; provided that you shall be given five (5) days  time after notice to (i) comply with IHM’s request with respect to usage  of the IHM IP; or (ii) cease use of IHM IP.  All uses of the IHM IP  will be in good taste and in such manner as will maintain and enhance  the value of the IHM IP and the reputation for high quality associated  with the IHM IP.  IHM shall have the right, through its employees or  designated representatives, to verify your compliance with the quality  standards established by IHM with respect to your usage of the IHM IP.   You recognize and acknowledge IHM’s rights in and to the IHM IP, that  IHM has significant goodwill associated with the IHM IP, and that it is  critical to IHM that such goodwill be protected and enhanced.  You agree  that you will not attack or contest the validity, title, and/or any  rights of IHM in or to the IHM IP; use any colorable imitation, apply to  register or maintain any application or registration of the IHM IP or  any other mark confusingly similar thereto in any jurisdiction; take any  action that would tend to destroy or diminish the goodwill of the IHM  IP; misuse the IHM IP, which shall mean use inconsistent with these  terms and conditions; or take any action that would bring the IHM IP  into public disrepute.

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