CUMULUS MEDIA, INC
TERMS OF SERVICE
TERMS OF SERVICE CURRENT AS OF JUNE 15, 2020
AGREEMENT BETWEEN USER AND CUMULUS
This site or application is owned or managed by Cumulus Media Inc. (“Cumulus “) and is part of the Cumulus family of companies, which includes other quality entertainment brands such as broadcast and Internet radio stations, Westwood One, Inc., NASH, Modern Luxury, SweetJack and Incent‐Rev/Radio‐Half Off, each of which operates or manages one or more websites or applications (each a “Cumulus Site,” and collectively the “Cumulus Sites”).
Certain products or services offered by this and/or other Cumulus Sites (each a “Cumulus Internet Service,” and collectively “Cumulus Internet Services”), and certain areas within this and/or other Cumulus 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 Cumulus Internet Services. The Additional Terms and this Agreement, taken together, shall apply to your use of those areas or Cumulus Internet Services. In the event of an irreconcilable inconsistency between the Additional Terms and this Agreement, the Additional Terms shall control.
By using this Cumulus 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 Cumulus Site (collectively, “Device”); and (d) you will access and use this Cumulus Site in accordance with this Agreement.
Some parts of this Cumulus Site may contain adult content intended for people who are at or above the legal age of majority in their jurisdiction of residence. By viewing this adult content, you are representing that you are at or above such legal age of majority and that the content is acceptable to you. Filtering software is commercially available which can be used to exclude content that is not acceptable to you. This software may prevent the display of all or portions of the Cumulus Site content.
If permitted or available through the applicable Cumulus Internet Service, to (a) upload content to this Cumulus 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 Cumulus 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 Cumulus makes the Cumulus Internet Service 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 Cumulus Internet Service, including, but not limited to, if this Cumulus 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 Cumulus Internet Service 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 Cumulus’s or this Cumulus Site’s operations or the Cumulus Internet Service. Any equipment or software causing interference will be immediately disconnected from the Cumulus Internet Service and Cumulus will have the right to immediately terminate this Agreement. If any upgrade in or to the Cumulus Internet Service 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 Cumulus Internet Service, 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 Cumulus Internet Service.
USE OF CONTENT
All information, materials, functions and other content (including Submissions, as defined in below) (“Content”) contained on any Cumulus Site are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. We may change the Cumulus Site or delete Content or features at any time, in any way, for any or no reason.
Except as we specifically agree in writing, no Content from any Cumulus Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Cumulus Site, except that where a Cumulus Site is configured to enable the download of particular Content, you may download one copy of such Content to a single Device for your personal, noncommercial use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services or brands. Any business use, “re‐mailing” or high‐volume or automated use of any Cumulus Site is prohibited.
Any and all rights not expressly granted herein are reserved.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Cumulus Site, you warrant to us that you will not use the Cumulus Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Cumulus Site in any manner which could damage, disable, overburden, or impair the Cumulus Site or interfere with any other party’s use and enjoyment of the Cumulus Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Cumulus Sites.
YOU MAY NOT USE ANY CUMULUS SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO ANY CUMULUS SITE MAY BE TERMINATED IMMEDIATELY IN CUMULUS’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.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
ACCOUNTS, SECURITY, PASSWORDS
If a particular Cumulus Site or Cumulus Internet Service 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 Cumulus immediately of any unauthorized use of your account. Cumulus is not liable for any loss that you may incur as a result of someone else using your password or account, e