En español: https://iheartradio.com/legal/cla-es
En français: https://iheartradio.com/legal/cla-fr
1. iHeartMedia + Entertainment, Inc. (“iHeart”) owns, operates, and publishes an audio and video 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. This Content License Agreement (this “Agreement”) governs your provision of podcast content to iHeartRadio. By entering into this Agreement, you also agree to the iHeart and Content Policy, which are incorporated by reference.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE SUBMITTING PODCAST CONTENT. THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS, INCLUDING BY LIMITING IHEART’S LIABILITY, WAIVING THE RIGHT TO A JURY TRIAL, AND REQUIRING THE RESOLUTION OF DISPUTES ON AN INDIVIDUAL, NON-CLASS BASIS. SEE SECTION 7 AND SECTION
2. Your Provision of Content
I authorize iHeartRadio to use the destination URL and RSS feed provided by me, through any means (including, but not limited to through my registered account or through iHeart-designated partner hosting platforms), (the “Podcast Destination”) 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, through any means, I hereby acknowledge and agree as follows:
- I hereby grant iHeart a worldwide, non-exclusive, sublicensable, royalty-free license to (i) use and distribute the Podcast in conjunction with, or to otherwise improve, 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.
- I hereby grant iHeart 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.
- I am providing the Podcast at no cost to iHeart, and iHeart shall not be required to pay me any fee in connection with its use of the Podcast. iHeartRadio may use the Podcast, at no cost, in connection with any aspect of iHeartRadio including any paid tiers.
- iHeart 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 iHeart of any such advertisements.
- I guarantee that any Podcast I submit featuring promotional content, including advertisements, product placements, sponsorships, or endorsements read by myself or others, shall be clearly identified as such. I agree to include only promotional content that adheres to all relevant laws and regulations. I will not embed promotional content that advertises or promotes iHeart’s competitors or conflicts with iHeart and its interests.
- I understand that if I violate this Agreement, the Content Policy, or any other iHeart terms, policies, guidelines, or rules applicable to the Podcast, iHeart, at its own discretion, may take any action to address my violation. This includes deleting the Podcast and/or suspending or terminating my access to iHeart or my iHeart account. I acknowledge that if the Podcast violates the law, iHeart may be required to report it to authorities. I acknowledge that if the Podcast was submitted through an iHeart-designated partner hosting platform, iHeart may be required to report violations to that platform.
- I will neither gather nor retain information on Podcast listeners or viewers, and I will not use any data mining, scraping, or similar tools to collect data associated with the Podcast or from iHeart.
- If iHeart provides data about Podcast listeners or viewers to me, I agree to solely use it for purposes incident to the ordinary course of business of processing the request for access to or functionality of the Podcast. I agree to not to use the data for targeted advertising or to create or enhance profiles. I agree not to try to re-identify specific individuals from data provided to me in de-identified form.
- 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. iHeart may advertise the Podcast’s presence in iHeartRadio.
- I will not make any oral or written statements, press releases, advertisements or other marketing statements regarding iHeart’s inclusion of the Podcast in iHeartRadio without iHeart’s prior written consent.
- I hereby certify that (i) the Podcast’s RSS feed includes metadata that accurately and appropriately describes the content of Podcast using Apple’s podcasting categories; and (ii) if the Podcast is directed toward children or anyone under the age of 13, the metadata includes at least one of the following tags: Kids & Family; Kids & Family—Education for Kids; Kids & Family—Pets & Animals; and Kids & Family—Stories for Kids.
- 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 offering of the Podcast or otherwise using the Podcast as contemplated by this Agreement; and I guarantee 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, or (b) otherwise violate iHeart’s Content Policy or any law. I shall immediately notify iHeart if I become aware that any of the foregoing is untrue.
- I understand that iHeart does not endorse any Podcast content submitted to iHeartRadio by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and iHeart expressly disclaims any and all liability in connection with such content.
- I understand that iHeartRadio may at any time delete this Podcast from the iHeart platform, including from my registration account, temporarily or permanently at iHeart’s sole discretion.
- iHeart may enter into similar agreements with any other person.
3. Infringing Content and DMCA Notices
I am aware that iHeart does not permit copyright infringing activities and infringement of intellectual property rights on iHeartRadio, and iHeart will remove all content if properly notified that such content infringes on another’s intellectual property rights. iHeart 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 iHeart’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:
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 iHeart to locate the material; (iv) Information reasonably sufficient to permit iHeart 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.
4. Intellectual Property Rights
As between me and iHeart, 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. As between me and iHeart, iHeart 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. iHeart 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 https://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 iHeart name in pre-approved press releases. It is understood and agreed that iHeart shall retain exclusive title to and ownership of its names, logos, handles, hashtags, and the Podcast Mark (“iHeart IP”) and that no title or ownership is hereby transferred to you. All use by you shall inure solely to the benefit of iHeart. You agree that any use of the iHeart IP shall be rendered in accordance with such specifications and standards as may be communicated by iHeart to you from time to time; provided that you shall be given five (5) days’ time after notice to (i) comply with iHeart’s request with respect to usage of the iHeart IP; or (ii) cease use of iHeart IP. All uses of the iHeart IP will be in good taste and in such manner as will maintain and enhance the value of the iHeart IP and the reputation for high quality associated with the iHeart IP. iHeart shall have the right, through its employees or designated representatives, to verify your compliance with the quality standards established by iHeart with respect to your usage of the iHeart IP. You recognize and acknowledge iHeart’s rights in and to the iHeart IP, that iHeart has significant goodwill associated with the iHeart IP, and that it is critical to iHeart that such goodwill be protected and enhanced. You agree that you will not attack or contest the validity, title, and/or any rights of iHeart in or to the iHeart IP; use any colorable imitation, apply to register or maintain any application or registration of the iHeart 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 iHeart IP; misuse the iHeart IP, which shall mean use inconsistent with this Agreement; or take any action that would bring the iHeart IP into public disrepute.
5. This Agreement shall commence on the date the Podcast Destination is provided to iHeart and shall continue in effect unless and until terminated in writing by either party. Either party may terminate this Agreement for any reason or no reason upon not less than five (5) days’ prior written notice to the other party. Sections 6-8 shall survive termination of this Agreement. Upon termination, iHeart will remove the Podcast from iHeartRadio.
6. I agree to defend, indemnify, and hold harmless iHeart, and its parents, subsidiaries, affiliates, officers, directors, employees, agents, successors, and assigns (collectively, the “iHeart Indemnified Parties”) from and against any and all claims, demands, actions, suits, proceedings, investigations, damages, losses, liabilities, judgments, settlements, penalties, fines, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of or related to: (i) the Podcast or any portion thereof, including all content, materials, metadata, artwork, music, endorsements, advertisements, sponsorships, or other elements included in or associated with the Podcast; (ii) any actual or alleged breach of this Agreement, including any representation, warranty, or covenant made by me herein; (iii) any claim that the Podcast infringes, violates, or misappropriates any intellectual property right, privacy right, right of publicity, or other proprietary or personal right of any third party; (iv) any violation or alleged violation of potentially applicable laws, rules, or regulations, including, without limitation, the Video Privacy Protection Act (VPPA), the Children’s Online Privacy Protection Act (COPPA), the Federal Trade Commission Act, FTC endorsement, advertising, or sponsorship disclosure guidelines, state unfair or deceptive acts and practices laws, Federal and state wiretapping or trap-and-trace laws, or any other advertising, privacy, or consumer‑protection laws; or (v) my acts or omissions in connection with the Podcast or my performance under this Agreement.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IHEART, OR ITS PARENTS, SUBSIDIARIES, OR AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY, THE “IHEART PARTIES”) BE LIABLE TO ME FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PODCAST, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IHEARTRADIO IS PROVIDED ON AN AS-IS BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AND AGGREGATE LIABILITY OF THE IHEART PARTIES FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PODCAST, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED ONE THOUSAND DOLLARS (US $1,000) IN THE AGGREGATE.
8. DISPUTE NOTICE AND INFORMAL DISPUTE RESOLUTION.
YOU UNDERSTAND AND AGREE THAT THESE DISPUTE RESOLUTION TERMS APPLY TO ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND THE IHEART PARTIES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PODCAST.
If a dispute should arise between you and the iHeart Parties we want to provide you with a resolution that is efficient and cost effective. Before initiating an action, you and the iHeart Parties each agree to first provide the other a written notice (“Notice of Dispute”), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute can be (1) mailed to iHeart, Inc. 20880 Stone Pkwy, San Antonio, TX 78248, Attention: Legal, or (2) emailed to help@iheartradio.com. You and the iHeart Parties agree to make attempts to resolve the dispute prior to commencing any legal action, including the filing of a lawsuit, until a 45-day post-notice resolution period expires. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or the iHeart Parties may commence a lawsuit.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT ANY AND ALL DISPUTES (WHETHER BASED IN CONTRACT, STATUTE, TORT OR ANY OTHER THEORY) WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION. ALL CLAIMS MUST BE BROUGHT SOLELY IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, REPRESENTATIVE ACTION OR PROCEEDING.
ANY ACTION MUST BE COMMENCED WITHIN ONE (1) YEAR OF THE DATE THAT THE CAUSE OF ACTION OR CLAIM ARISES.
EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL RIGHTS THEY MAY HAVE (INCLUDING BUT NOT LIMITED TO, THEIR CONSTITUTIONAL OR STATUTORY RIGHT) TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING FOR ANY DISPUTE, INCLUDING BUT NOT LIMITED TO DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE RELATIONSHIP OF THE PARTIES.
You hereby agree that this Agreement (and any claim or dispute arising in connection with this Agreement) are governed by and shall be construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law principles. You consent to the exclusive jurisdiction of the federal and state courts located in New York City, New York, United States, and waive any jurisdictional, venue, or inconvenient forum objections thereto.