Music Choice

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About
Mobile
Privacy
Terms
Support

About
Mobile
Privacy
Terms
Support

Music Choice

Music Choice, the multi-platform video and music network, delivers its music programming to millions of consumers nationwide through their televisions, online and mobile devices. MC programs dozens of uninterrupted music channels; produces MC Originals that feature today’s hottest established and emerging artists; and offers thousands of music videos. MC is a partnership among subsidiaries of Microsoft Corporation, Motorola, Inc., Sony Corporation of America, EMI Music and several leading U.S. cable providers: Comcast Cable Communications, Cox Communications and Time Warner Cable.

Mobile

COMING SOON...

Take MC with you on the go... where ever you go thanks to the all new MC app for the iPhone.

The app will give you access to all 46 music channels that you know and love with one tap of your iPhone! And soon, you'll be able to watch your favorite music videos as well as MC Originals like "Live Undefined," "Cosigned" and the "The F Word." The best part, if that's not enough, is that its all FREE through participating television providers.

Privacy Policy

Updated as of January 2010

This is the privacy policy for the websites affiliated with the services operated by Music Choice, including SHOW OFF and SWRV (collectively, the “Site”). This is the place where we to tell you up front what types of information we collect from you through your interaction with the Music Choice services, and how we may use it, our rights to share and disclose such information to third parties and how you can review and modify information that you provide. This privacy policy applies whether you provide information to Music Choice via a personal computer, a mobile device or any other technology or device and whether or not you are a registered user of the Music Choice services.

When we use the term “Personal Information” we mean information we may collect that allows others to identify or contact you, including your first and last name, home address, email address, telephone number, instant messenger nickname, blog or other personal website URL. When we use the term “Other Information” we mean any information other than Personal Information that we may collect on the Site or in connection with your use of interactive features or functions of the Music Choice services. Personal Information and Other Information will be collectively referred to as “Information.”

Please read this document carefully before you provide any Information or use any of the interactive features or functions offered through the Music Choice services. By visiting the Site or using or participating in any of the features or functions or activities offered through the Music Choice services, you are accepting the practices described in this privacy policy. We reserve the right to modify this privacy policy as the Music Choice services grow and improve or to respond to changing legal regulations or business concerns. So please check back from time to time. You should also read the Terms and Conditions that govern your interaction with the Music Choice services.

Children Under Age 13

Music Choice does not knowingly collect or solicit Personal Information from anyone under the age of 13 or knowingly allow such persons to register on the Site. If you are under 13 please do not attempt to register on the Site or send us any Personal Information.

Children Between the Ages of 13 and 18

We recommend that minors 13 years or older ask their parents for permission before registering on the Site or using any of the community features of the Music Choice services.

What Information About You is Collected?

If you elect to become a registered user of the Site, you will be required to provide your first and last name, your email address, a password, your date of birth, your gender, your state and your zip code. You may also provide your mobile phone number to receive text messages (in accordance with the terms herein) when you interact with the Music Choice services. Thereafter, each time you access or participate in interactive features or functions through the Site, Music Choice may ask for certain Other Information from you, such as your music preferences. While you're under no obligation to provide the Information requested, if you decline to do so, Music Choice may be unable to provide you with certain services.

There may be certain features and functions of the Music Choice services that allow you to submit information, feedback, post content, etc. by email, text message, instant message or other similar technology. For example, you could vote in a poll or send a shout out from your mobile phone or send us your picture or video for broadcast by email. In those instances, we may retain your emails and other Information and content you submit to us for our internal purposes and to help us serve you better. You may also have the opportunity to register to receive newsletters, special promotions and other communications that promote Music Choice, the availability of certain content on our channels, or other products or services offered by us or our business partners. To sign up for or participate in these features or functions, you may be required to provide certain Information in order for us to fulfill your requests, personalize your participation, and/or enable you to use such features or functions.

When you access the Site, Music Choice will also place a "cookie" on your computer. A cookie is a small text file that is stored on your computer and enables our servers to recognize your computer when you return. We use cookies to store Information, such as your user ID, so that we can avoid burdensome and repetitive requests for information.

We may also use cookies or other similar tracking technology to collect Other Information regarding the usage of our services, such as data regarding the number of users of a service, and the number of times a service is accessed. For more information on cookies, including instructions on how to disable them, please refer to your browser's website. But please be advised, disabling cookies will prevent Music Choice from providing certain services to you.

Music Choice will use third party contractors (each a “Mobile Administrator”) to facilitate consumer interaction with our services via mobile devices, including sending and receiving text messages. For each mobile text message received, Music Choice and the Mobile Administrator will automatically collect the mobile phone number and wireless carrier it came from. If you submit a text message via your mobile device you may receive a bounceback message thanking you for your participation and/or providing further instructions. You understand and agree that you will be charged standard text messaging rates by your wireless carrier for all such messages. Some bounceback messages may contain a promotional message or advertising that promotes Music Choice or third party products or services. You must provide your consent to receive any further mobile communications from Music Choice or its contractors or affiliates, including the Mobile Administrator. Neither Music Choice nor the Mobile Administrators will use your mobile telephone number for any purpose but to provide the service requested unless you have consented to such use.

How Do We Use Information?

Music Choice and its authorized affiliates may use your Information in a variety of ways, including:

contacting you regarding the administration of your account or any features or functions you have registered to use;
verifying your email address or mobile phone number;
enabling you to participate in various interactive features or functions at your request;
answering your questions or other requests;
sending you marketing or promotional emails unless you have requested not to receive such information;
sending you bounceback text messages with information regarding your requested transaction and that may include a text advertisement for products or services;
contacting you regarding your use of the Site or Music Choice services;
tailoring your experience on the Site and/or otherwise customizing what you see on the Site or the Music Choice services;
saving your user ID or other Personal Information so that you don’t need to re-enter it every time you visit the Site;
otherwise to administer the Site or your interaction with the Music Choice service; and
for any other purpose disclosed at the time you provide your Personal Information.

Music Choice and its authorized affiliates may use Other Information and usage data to (i) create marketing analyses and reports showing how Music Choice users, as collective groups, interact with our services, (ii) develop reports that help us and other strategic third parties determine what interests Music Choice users, as a group, or (iii) generally improve our product and service offerings. Such reports will not contain any Personal Information about you.

Disclosure of Information to Third Parties

Generally we don’t sell, rent, lease or disclose your Personal Information to third parties, except if you consent to such disclosure or as described in this privacy policy. We will disclose, and permit authorized third parties to use, aggregate data (including Other Information and usage data) and reports regarding the Site and other Music Choice services for marketing and other business purposes. Such data and the reports derived therefrom do not contain any Personal information.

You acknowledge, consent and agree that we may access, preserve and disclose your Information and content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (a) comply with legal processes; (b) enforce our Terms of Use, Privacy Policy, or other contracts with you; (c) respond to claims that any content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Music Choice and its affiliates and distributors, its users and the public. Also, in the event that we, or substantially all of our assets, are acquired, all such Information will be transferred to the successor entity.

If you respond to any interactive advertisement or text message offer by a third party, or if you request information about a product or service offered by a third party, then your Personal Information will be disclosed to such third party. Music Choice cannot control, and makes no representations about, the collection or use of your Information by such third parties. If you choose to register for or subscribe to any such third party product or service, any further correspondence between you and such third party including, without limitation, any resulting contractual agreements, are solely between you and the advertiser/third party. Neither Music Choice nor its distributors will be responsible for upholding any applicable terms, conditions, representations or warranties made by the advertiser/third party in connection therewith and shall otherwise have no liability associated with your interaction with such advertiser/third party.

Disclosure of Certain Information in User Postings Intended to Be Disclosed. Certain Information associated with user postings may be intended for disclosure, such as your first name and city. We will disclose any such Information in connection with the display of, and other services relating to, user postings of content. By submitting such user postings to Music Choice you affirmatively consent to the distribution of your Information as described herein.

What Choices are Available to You Regarding the Collection, Use, and Distribution of Your Personal Information? You may opt-out of receiving marketing or promotional emails from Music Choice or strategic third parties at any time by going to the link provided at the bottom of any email you receive from Music Choice and opting out of receiving information from Music Choice or by texting STOP in response to any text message you receive from Music Choice.

How Can You Correct Any Inaccuracies in Your Personal Information?

You can keep the Information that you provide to us accurate, current and complete by visiting the Site subscription page to update your Information. If user ID and password are required to access the feature, you will need to provide such information to update your registration information.

How Is Your Information Protected?

Music Choice operates secure data networks utilizing firewalls, encryption and password protection systems. Only authorized individuals have access to the Personal Information provided by you. Despite these practices, no communication network can be 100% secure. Your communications with us will travel through third party networks and systems and Music Choice assumes no responsibility for the security of such networks or systems.

For inquiries regarding this Privacy Policy, please send an email to comments@musicchoice.com.

Terms of Service

Terms OF USE AGREEMENT

Updated as of July 2011

Introduction

Music Choice offers its music-related programming, including the MUSIC CHOICE® music channels, the MUSIC CHOICE® music video channels, the MUSIC CHOICE® video-on-demand service, and SWRV® (collectively, the "Services"), through its third party affiliates (collectively, “Distributors”) as part of their digital television and broadband internet services. This is the website associated with the Services (the “Site”) and it includes all websites and webpages that are associated with www.musicchoice.com.These are the official Terms of Use that govern the content, features, and activities related to the Site and the Services. These Terms of Use constitute a legally binding agreement (the “Agreement”) between you and Music Choice, so please read them carefully before using the Site or the Services. By browsing the Site or participating in any of the Services, you agree to be bound by the terms and conditions of this Agreement and any applicable laws. The Distributors are third party beneficiaries of this Agreement.

Music Choice respects the privacy concerns of our viewers and users of the Site and the Services. For general information concerning the collection and use of information by Music Choice, please refer to our Privacy Policy at http://www.musicchoice.com/PrivacyPolicy.htm, the terms of which are incorporated herein by reference.

Music Choice reserves the right, in its sole discretion, to change the terms of this Agreement at any time by updating the Site. You should check back frequently and review these Terms of Use regularly so that you are aware of your most current rights and obligations and the terms and conditions of your Agreement with us. If you use the Site or the Services after the posting of any such changes, you signify your agreement to be bound by the changes.

IF YOU ARE NOT AT LEAST 18 YEARS OLD, YOU MUST HAVE YOUR PARENT’S OR LEGAL GUARDIAN’S PERMISSION BEFORE YOU SUBMIT ANY CONTENT FOR DISPLAY ON ANY OF THE SERVICES. IN NO EVENT MAY YOU USE THE SITE, SUBMIT CONTENT OR PARTICIPATE IN THE SERVICES IN ANY WAY IF YOU ARE UNDER 13 YEARS OF AGE. YOU MUST BE A RESIDENT OF THE UNITED STATES TO PARTICIPATE IN THE SERVICES.

Intellectual Property Rights

All text, images, graphics, multimedia content or other material (including, without limitation, musical compositions, sound or video recordings and all other copyrightable elements, and the selection and arrangement thereof) on the Site or transmitted through the Services, and all related code (the “Materials”) are owned or being used with permission by Music Choice. Except as expressly permitted in this Agreement, access to the Services does not grant you the right to copy, modify, distribute, perform publicly, display or transmit any of the Materials.

MUSIC CHOICE®, SHOWOFF®, and SWRV® are federally registered trademarks of Music Choice. Other marks that appear on the Site or as part of the Services are the service and trademarks of Music Choice. All other trademarks, service marks and logos that appear on the Site or as part of the Services are the trademarks, service marks and logos of their respective owners.

Submitting User Content

Music Choice provides various opportunities to interact with the Services and for viewers to submit their thoughts, ideas and opinions, as well as photos and short-form video content. Some of the interactive features of the Service include SHOWOFF®, where selected music channels will display polls, trivia questions, viewer generated text messages and photos during designated time periods; and SWRV®, the 24 hour interactive video network that will incorporate viewer generated content into the programming.^** Music Choice reserves the right, in its sole discretion, to add, change, modify or discontinue, temporarily or permanently, any of the Services with or without notice. Neither Music Choice nor its Distributors will be liable to you or any other party for any such changes, modifications or discontinuances.

The term “User Content” refers to any content, media and materials you submit to Music Choice, including without limitation, text, information, ideas, blogs, vlogs, still photographs, audiovisual recordings, sound recordings, animated works, likenesses, images, spoken word or other vocal sounds or recordings. You can submit User Content by sending SMS text messages to the short codes indicated on the screen of the Services (standard text messaging rates will apply), email, or by uploading it on certain pages of the Site, including http://www.musicchoice.com/showoff/, www.musicchoice.com and swrv.tv. The terms and conditions of this Agreement apply to all User Content you submit. Each time you submit (or attempt to submit) any User Content to Music Choice, directly or indirectly, in connection with the Services, you will be confirming your acceptance of, and agreement to be bound by, all the terms and conditions of this Agreement.

Each time you submit User Content, you grant to Music Choice, its Distributors, subsidiaries, assigns and licensees, the non-exclusive, royalty-free, sub-licenseable, perpetual, worldwide license to use, reproduce, edit, publicly perform, transmit, publicly display and distribute all or any portion of such User Content and to create derivative works of, or incorporate it into other works, in any and all media, now known or hereafter devised, for any purpose whatsoever (including without limitation, for any promotional purposes). Each time you submit User Content, you represent and warrant that (i) you are at least 13 years old, and if you are not at least 18 years old, then you have the express permission of your parent or legal guardian to submit User Content, (ii) you have all necessary rights, consents and authority to grant the rights and licenses described herein, including without limitation, all copyrights and other related rights of any person or entity, including any right of privacy or publicity (e.g., you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content), (iii) neither Music Choice nor any of its Distributors or sub-licensees shall be obligated to make any payments to you, third parties claiming through you or otherwise, music publishers, mechanical rights agents, performance rights societies, persons who contributed to or appear in the User Content or any unions or guilds in connection with the use of any User Content as contemplated herein, (iv) the User Content does not and shall not when used as authorized herein, infringe any copyright or any other third party right (e.g., does not contain “samples” of any third party’s video or sound recording or musical composition), or violate any applicable law or regulation, and (v) the User Content is not defamatory, pornographic, obscene, and all factual assertions made therein are true and complete.

Each time you submit User Content, you agree to indemnify, defend and hold Music Choice and its Distributors harmless from and against any third party claim arising from use of the User Content. Each time you submit User Content, you waive any right of privacy or publicity you may have with respect to the use of the User Content. You understand and agree that no use of your User Content, nor any commercial, advertisement, promotional, marketing or other material associated with your User Content, need be submitted to you for approval. You acknowledge that you are not entitled to any monetary payment or other consideration in connection with Music Choice’s (or its Distributors’) use of the User Content as contemplated herein.

Music Choice does not assert ownership of any User Content and you are entirely responsible for everything you upload, post, email or otherwise make available for display on the Site or Services. You are solely responsible for the User Content (and the consequences of its transmission and display on the Site or Services) submitted in your name, via your mobile device or your email address.

User Content Standards and Rules of Conduct

All viewers of the Site and the Services acknowledge that User Content does not reflect the views of Music Choice or its Distributors. In no event will Music Choice or its Distributors assume or have any responsibility or liability for any User Content (including without limitation, for failure to monitor or edit any User Content) or for any claims, damages or losses resulting from the use of User Content on the any of the Services. Music Choice makes no warranties, express or implied, as to the accuracy or reliability of any User Content.

Music Choice reserves the right, in its sole discretion, to choose which User Content will appear on the Site or in the Services. Music Choice does not guaranty that any User Content will be displayed, hosted or used on the Site or in the Services. To be considered for display or use on the Site or in the Services, User Content must meet all specifications and requirements relating to content, formatting, compatibility, etc. as described herein or as otherwise determined by Music Choice. Music Choice will have the right to edit, modify or change the User Content in any manner in connection with its display on the Site or use in the Services.

Notwithstanding the foregoing, you agree that you will not submit User Content that:

contains private or personal information that might identify a user;
is intended to harass, abuse, threaten, impersonate or personally attack another individual or any entity;
contains profanity or obscenities;
reflects negatively on Music Choice, any of its Distributors, content owners, sponsors or advertisers; or
is defamatory, obscene, indecent, pornographic, unlawful and/or otherwise objectionable in the sole judgment of Music Choice.

You agree that you will not use the Services or submit any User Content for any commercial purpose, including without limitation, for the advertising or offering of goods or services or commercial solicitation of any kind without the prior written consent of Music Choice.

Your use of the Site and participation in the Services are subject to all applicable local, state and federal laws and regulations. Music Choice reserves the right, in its sole discretion, to revoke the privileges of users who do not comply with all applicable terms of this Agreement, including without limitation, by blocking specific IP addresses or mobile phone numbers. You are responsible for maintaining the confidentiality of your identity and for all activities that occur from your mobile device account or email address.

Music Choice may provide the technical means for you to forward User Content you have submitted to your friends via email. You acknowledge and agree that such communications will not be monitored or screened by Music Choice. We reserve the right, but not the obligation, to monitor or screen the content of such messages and to refuse to forward any such messages that Music Choice, in its sole discretion, determines to be in violation of the terms of this Agreement or otherwise objectionable. Neither Music Choice nor its Distributors will have any responsibility or liability for the content of such communications.

If you believe any User Content violates any terms of this Agreement or the rights of any third party, please send an email to policy@musicchoice.com. We have no obligation to respond or reply to any notifications you send us and we reserve the right to take any action or no action in our sole discretion.

Mobile Text Message Administration and Third Party Promotions

Music Choice contracts with third parties to receive and administer the mobile text messages in connection with the Services. To interact with the Services via your mobile device you must use a wireless device that is capable of two-way messaging and be a wireless service subscriber with text messaging service. The following services currently allow interaction with the Services: Alltel, Appalachian Wireless, AT&T, Bluegrass Cellular, Boost, Cellcom, Cellular One, Cellular One of East Central Illinois, Cellular South, Centennial Wireless, Cincinnati Bell, Cricket, Immix Wireless, Nextel, Revol Wireless, Sprint, Unicel, T-Mobile, U.S. Cellular, Verizon Wireless, Virgin Mobile, West Central Wireless. Message and data rates may apply and you understand and agree that you will be charged standard applicable text messaging rates and data rates by your wireless carrier for all messages (including bounceback messages) sent by or to your mobile device. Bounceback messages may contain promotional messages relating to Music Choice services or promoting the products and services of third party advertisers. If you choose to register for or subscribe to any such third party product or service, any further correspondence between you and such third party including, without limitation, any resulting contractual agreements, are solely between you and the advertiser/third party and, as such, neither Music Choice nor its Distributors shall be responsible for upholding any applicable terms, conditions, representations or warranties made by the advertiser/third party in connection therewith and shall otherwise have no liability associated with your interaction with such advertiser/third party. To get help in connection with mobile text messaging relating to the Service at any time call 888-782-2180 or text HELP to 79787 for help with SWRV or text HELP to 898262 for help with Show Off, or go to www.musicchoice.com. To stop receiving any future text messages in connection with the Service send STOP, QUIT, CANCEL, END or UNSUBSCRIBE to 79787 to stop messages from SWRV or send STOP, QUIT, CANCEL, END or UNSUBSCRIBE to 898262 to stop messages from Show Off.

Disclaimer of Warranty

The Site and the Services (INCLUDING ANY USER CONTENT TRANSMITTED OR DISPLAYED ON the Services) ARE PROVIDED “AS IS” AND YOUR PARTICIPATION IN OR USE OF THE SITE AND THE SERVICES IS AT YOUR OWN RISK. MUSIC CHOICE AND ITS DISTRIBUTORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, MUSIC CHOICE AND ITS DISTRIBUTORS, LICENSORS AND ADVERTISERS DO NOT WARRANT THAT ANY CONTENT DISPLAYED ON The Services (INCLUDING USER CONTENT) WILL BE ACCURATE, RELIABLE OR CORRECT; THAT The Services WILL MEET YOUR REQUIREMENTS, THAT The Services WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRRUPTED OR SECURE. WITHOUT LIMITING THE FOREGOING, MUSIC CHOICE AND ITS affiliates are not responsible for lost, incomplete, late, damaged or misdirected text messages; failures or malfunctions of wireless handsets or other equipment, telephone systems, wireless services or other communication malfunctions; or any other error, omission, interruption, defect or delay in transmission or communication.

Indemnification

You agree to indemnify, defend and hold harmless, Music Choice and its Distributors, and their respective partners, affiliates, subsidiaries, officers, directors, employees, agents, licensors and representatives, from and against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from violation of any terms this Agreement by you (including, without limitation, any breach or alleged breach of any of your representations, warranties or undertakings hereunder). Music Choice reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Music Choice in asserting any available defenses.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL MUSIC CHOICE, ITS DISTRIBUTORS, GENERAL PARTNERS, PARENTS, AFFILIATES, SUBSIDIARIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY MONEY DAMAGES OR ANY OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER ARISING, INCLUDING NEGLIGENCE. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law.

Miscellaneous Provisions

Music Choice's performance of its obligations under this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Music Choice's right to comply with governmental, court and law enforcement requests or requirements relating to User Content or your use of the Services or information provided to or gathered by Music Choice with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superceded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions of this Agreement shall continue in full force and effect. This Agreement, together with our Privacy Policy, constitutes the entire agreement between you, the end-user, and Music Choice with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Music Choice with respect to the Services. Any rights not expressly granted herein are reserved.

Support

Not sure if your television provider carries MC? Can't hear one of our audio channels? Want to know the meaning of life? We can help you with all of that right here (well, two out of three ain't bad). Just head over to our Contact Us page to have all your questions and comments regarding MC heard. Click here.

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