This is the official privacy policy ("Privacy Policy") for VH1.com ("Site," "we," "us," or "our"), an Internet website offered in cooperation with the VH1 Television channel ("VH1 Channel"). The VH1 Channel and VH1.com are provided by MTV Networks ("MTVN"), a division of Viacom International Inc. (collectively "Parent Companies"). This Privacy Policy governs only the personally identifiable information ("Personal Information") collected by this Site and does not cover any such information collected in any other manner or for any other purpose, any other MTVN programming channel, MTVN's "Jobhunt" website, by VH1's Parent Companies, corporate affiliates, or any other company, unless specifically stated

Overview: This Privacy Statement is intended to explain our privacy practices and inform you as to:

• The kinds of Personal Information we collect from users of the Site and how that information is collected;
• How we use your Personal Information;
• The circumstances under which we disclose Personal Information to third parties;
• How you can access, update or delete any Personal Information collected about you by us; and
• The mechanisms we have implemented to protect your Personal Information.

This Site is offered and made available only to users 13 years of age or older who reside in the United States of America, its territories and possessions ("U.S"). If you are not yet 13 years old, or do not reside in the U.S., please discontinue using the Site immediately, or if, for any reason, you do not agree with this Privacy Policy, please do not participate in the features, activities and services that require you to provide your Personal Information. This Privacy Policy is a part of the terms and conditions which are set forth in our Terms of Use Agreement. Both the Privacy Policy and Terms of Use Agreement are legally binding on all users.

We reserve the right to revise this Privacy Policy at any time by updating this posting without advance notice to you. Such revisions shall be effective to you immediately upon posting. Notice of material changes to either document will be posted on the Site's homepage. However, we encourage you to check this Privacy Policy and Terms of Use Agreement often for updates. We may also e-mail you about these changes.

We are committed to protecting our users' privacy. Keeping the Personal Information you share with us on the Site secure and ensuring your understanding of how we collect, use, disclose and maintain your Personal Information is important to us. We maintain reasonable physical, electronic and procedural safeguards to protect your information and while no data transmission over the Internet is 100% secure from intrusion, we have used and will continue to use commercially reasonable efforts to ensure the protection of your Personal Information.

YOUR CALIFORNIA PRIVACY RIGHTS
Residents of the State of California, under a new provision of the California Civil Code, have the right to request from companies conducting business in California a list of all third parties to which the company has disclosed Personal Information during the preceding year for direct marketing purposes. Alternatively, the law provides that if the company has a privacy policy that gives either an Opt-out or Opt-in choice for use of your Personal Information by third parties (such as advertisers or affiliated companies) for marketing purposes, the company may instead provide you with information on how to exercise your disclosure choice options.

VH1 qualifies for the alternative option; it has a comprehensive privacy policy and provides you with details on how you may either Opt-out or Opt-in to the use of your Personal Information by third parties for direct marketing purposes. Therefore, we are not required to maintain or disclose a list of the third parties that received your Personal Information for marketing purposes during the preceding year.

If you are a California resident and request information about how to exercise your third party disclosure choices you must send a request to the following address with a preference on how our response to your request should be sent (email or postal mail). Send an email to the Privacy Administrator at privacyadmin@vh1.com, or you may contact us via postal mail at:


VH1
VH1.com
1515 Broadway
NY, NY 10036
Attn: Your California Privacy Rights
c/o Privacy Administrator

All requests sent via postal mail must be labeled "Your California Privacy Rights" on the envelope or post card and clearly stated on the actual request. For all requests, please include your name, street address, city, state, and zip code. (Your street address is optional if you wish to receive a response to your request via email. Please include your zip code for our own recordkeeping.) We will not accept requests via the telephone or by facsimile. We are not responsible for notices that are not labeled or sent properly, or do not have complete information. To all other users of this Site, if you have other questions about this Privacy Policy, please contact our Privacy Administrator at privacyadmin@vh1.com or:
VH1
VH1.com
1515 Broadway
NY, NY 10036
c/o Privacy Administrator

GENERAL PRIVACY INFORMATION

This Site is designed and targeted to U.S. audiences and is governed by and operated in accordance with the laws of the U.S. We make no representation that this Site is operated in accordance with the laws or governed by other nations. By your participation in our Site activities, you certify that you are at least 13 years of age and a resident of the U.S. If you are located in the European Union or elsewhere outside of the U.S. and you participate in activities on this Site contrary to our policy that only U.S. residents are eligible for certain activities, you do so at your own risk and initiative, and are responsible for compliance with any applicable local and national laws. Please be aware that any Personal Information you transfer to us will be transferred to the U.S and subject to U.S. law. By using this Site, participating in any Site activities, and/or providing us with your Personal Information, you consent to this transfer of Personal Information to the U.S., and waive any claims that may arise under your own local and national laws. All users of the Site are required to provide true, current, complete and accurate Personal Information when prompted and we will reject and delete any entry that we believe in good faith to be false, fraudulent, or inconsistent with this Privacy Policy.

Your continued participation on this Site indicates your acceptance of this Privacy Policy and of the collection, use, disclosure, management and storage of your Personal Information as described below. We may from time to time, transfer or merge any Personal Information collected off-line to our online databases or store off-line information in an electronic format. We may also combine Personal Information we collect online with information available from other sources, including information received from our corporate affiliates, marketing companies, or advertisers, promotional partners, and sponsors (collectively, "Advertisers"). This Privacy Policy covers all such Personal Information and will remain in full force and effect as long as you are a user of the Site or a participant in our features and activities.

Collection and Use of Personal Information: When we use the term "Personal Information" we mean information such as your first/middle initial or name and last name, street address, town or city, state, zip code, telephone number, instant-messenger nickname, blog or other personal website URL, date of birth, e-mail address and any other information that would allow someone to identify you or contact you. Personal Information also includes information about your personal preferences, survey responses and your transactions or relationship with us, if you have been a customer or you have provided this type of information to any of the MTVN family of companies. For example, if you order any of our various merchandise or goods ("Products"), in addition to your name and contact information, we will also collect and maintain your billing address, shipping address, Product selections, your credit card or other payment instrument information, your order number, and information about your computer's internet address and web site which may have referred or directed you to the Site (e.g., the referring URL). Your credit card or debit card number is classified as Sensitive Personal Information and is collected via a secure transmission.

We collect Personal Information about you when you visit the Site and input information, whether you are registering to use the Site, enrolling or signing up for features and functions, participating in promotions, ordering or purchasing Products or in the course of any other exchanges of information, transactions and activities. We may use the information we obtain from you, including Personal Information, to tailor your experience on the Site, to display content we think may be of interest to you, or to let us customize what you see when you visit the Site according to your preferences.

1. Member Registration
   To register as member of VH1.com, you are required to select a user name and password, plus email address, first and last name, gender, date of birth and zip code. Additional Personal Information requested during the registration process (but not required) may include, but is not limited to, cable/satellite provider, ethnic information, and annual income. We will allow you to change your password, as well as any Personal Information or Sensitive Personal Information you have given us in order to keep this information current. Among other things, this information helps us identify you as a registered or permitted user of those features and functions.
   
   All member benefits are free. You will also have an option to subscribe to a selection of free email newsletters by opting-in on the registration page. By becoming a member of VH1.com, you agree to this Privacy Policy and our Terms of Use Agreement. As a registered user, you acknowledge, understand and hereby agree that you are giving us your consent to track your activities and your use of the Site and its functions and features, in connection with your registration.
   
   During registration (and possibly at certain other times to enable your use of other features or functions or for security purposes), you will be required to provide us with certain information about you in order for us to allow you to use the features and functions of the Site, including VH1's "Media Kit," chat rooms, message boards, electronic mail services, messaging services, auctions, shopping, registration and member profile pages.
   
   
2. Other Events and Activities and Use of Personal Information
   VH1 Save the Music Foundation: The VH1 Save The Music Foundation is featured as sub-site of this Site and can be accessed via the banner link on the Site's home page or via direct link by clicking here. The VH1 Save The Music Foundation ("STM") is a nonprofit organization dedicated to improving the quality of education in America's public schools by restoring music programs in cities across the country, and raising public awareness about the importance of music participation for our nation's youth.
   
   This Site's Privacy Policy governs the STM sub-site, as well as the Site's Terms of Use Agreement. There are several features on the STM sub-site that collect Personal Information. For our "Contact Us" page, we request your email address. You may register to receive STM's email newsletter by submitting your email address to the "Mailing List." You may also unsubscribe ("Opt-out") to the newsletter by accessing the Mailing List page, clicking the unsubscribe button and submitting your email address.
   
   The Site also provides information regarding the various ways you can support the VH1 Save The Music Foundation program, including online auctions managed by eBay and online donations on this Site. An individual or organization is requested to submit the following Personal Information to make an online donation: First and last name, company name, street address, city, state, zip, phone number, fax number, credit card type, number, and expiration date. Submission of your fax number is optional. By submitting your fax number, you consent to us sending information regarding VH1 Save The Music via facsimile to this designated number. You may unsubscribe at any time by contacting this Site's Privacy Administrator at privacyadmin@vh1.com
   
   Contests and Sweepstakes: Membership in VH1.com is not always required to enter contests and sweepstakes. There may be a separate registration process which will require the submission of your first and last name, street address, city, state and zip code, email address, telephone number and date of birth. Additional Personal Information may be requested depending on the specific contest or sweepstakes, but submission of such information may be optional. The contest or sweepstakes entry page will provide the specific requirements. You may also have the opportunity to opt-in to special promotions or offers from our generous Advertisers.
   
   We may contact website users that have registered for or participated in various events by email or text messaging to promote the VH1 Channel, the Site, or send offers for the purchase of goods or services that may of interest to users of this Site.
   
   You may "opt out" of receiving marketing and promotional e-mails or text messages from us by going to the vh1.com home page, clicking the "Your Account" link, and changing your newsletter subscription choices via the "Your Newsletters" link. You may also use the opt-out mechanism that is contained in an email or text message. However, we may continue to contact you via email for administrative or informational purposes, including follow-up messages regarding the administration of your account, contests you have entered or other transactions you have undertaken.
   
   In the event that VH1 unknowingly sends an email or text message to a child (a person under the age of 13 years) who has registered on the Site in violation of the Site's Terms of Use Agreement, the child or the child's parent or legal guardian always have the right to unsubscribe from receiving future emails or text messages via the unsubscribe (opt-out) mechanism contained in the email or message, or to request termination of the child's registration on the Site. The same is true for the parent or legal guardian of a minor (a person under the age of 18 years old). Please see the "Review or Update Your Personal Information; Parental Termination of Membership" Section for details.
   
   
3. Wireless Marketing Services and Promotional Opportunities:
   VH1 provides its valued website users and viewers with the opportunity to register for special promotions, services, news, programming and information delivered via text messaging and other wireless devices such as mobile phones. Users are required to provide their consent to receive such information from VH1, either by registering on this Site or via their wireless device. Such services and promotional opportunities are provided by MTVN affiliates for VH1. The information requested as part of the online registration process is a user's telephone number or a wireless email address, but only if specifically requested, and the carrier's name. Optional information may be requested for specific promotions, such as a user's preferences regarding goods or services, choices of music or artists, or other similar survey information. Depending on the promotion, we may also collect an Internet email address or other information and, depending on the information collected, the user may also be required to confirm his or her agreement to the Site's Privacy Policy and Terms of Use Agreement.
   
   We caution that most wireless transmissions are not secured and there is a greater risk of an unknown third party's interception of messages or a user's Personal Information when using a wireless communications device.
   
   Users that register for VH1's wireless marketing services acknowledge, understand and agree that they will be charged by the user's wireless carrier for all messages sent to the user from VH1. Standard messaging rates will apply, unless noted otherwise. Under no circumstances will VH1, its Parent Companies, or corporate affiliates be responsible for any wireless email or text messaging charges incurred by a user or by a person that has access to a user's wireless device, telephone number, or email address.
   
   
   1. Registration There are two registration methods provided for VH1's wireless marketing services. Standard rate promotions will be subject to either the "single opt-in" or the "double-opt-in (Site/SMS)" method, at the discretion of VH1 depending on the type of promotion. Premium rate services will require the "double opt-in" (Site/SMS or SMS/SMS) method.
      
      1. Single Opt-in Method: In response to a print, radio, television, Internet, or other promotional message, users will be directed to send a specific word or code via a text message to a designated telephone number to register for the service promoted. The user's voluntary submission of the designated word or code to VH1 will mean that the user has freely and affirmatively granted permission to VH1to send text messages to him or her. VH1 will thank the user for his or her registration by sending a "Thank you" message. The user may terminate the service at any time by using the unsubscribe command in any text message from VH1 or by sending a text message to VH1 that says "STOP", "END", "CANCEL", "REMOVE", "UNSUBSCRIBE" or "QUIT".
      2. Double Opt-in (Site/SMS) Method: In response to a print, radio, television, Internet, or other promotional message, users will be directed to this Site to start the registration process. The user must affirmatively consent to VH1's sending of wireless messages to his or her designated wireless device by submitting a telephone number (or wireless email address, only if requested by VH1) and by clicking the consent statement on the Site's registration page. The user must also agree to the Site's Privacy Policy and Terms of Use Agreement before the online registration process is completed. VH1 will then send a "Confirmation" message to the user's designated wireless device and will request that the user confirm that he or she has agreed to receive messages from VH1 to that particular telephone number (or wireless domain name when appropriate). The user must respond to the "Confirmation" message with a text message that states "YES" or "Y" that will indicate the user's acceptance of VH1's wireless marketing service. Until the user responds to the "Confirmation" message, the user is not registered for the specific wireless marketing service subject to the promotion. A user may respond to the "Confirmation" message at any time provided that VH1 may choose to terminate offering wireless marketing service at any time and the user's response to the "Confirmation" is only valid if the response is received while VH1 continues to offer the specific wireless marketing service.
      3. Double Opt-in (SMS/SMS) Method: In response to a print, radio, television, Internet, or other promotional message, users will be directed to send a specific word or code via a text message to a designated telephone number to register for the service promoted. VH1 will then send a "Confirmation" message to the user's designated wireless device and will request that the user confirm that he or she has agreed to receive messages from VH1 to that particular telephone number (or wireless domain name when appropriate). The user must respond to the "Confirmation" message with a text message that states "YES" or "Y" that will indicate the user's acceptance of VH1's wireless marketing service. Until the user responds to the "Confirmation" message, the user is not registered for the specific wireless marketing service subject to the promotion. A user may respond to the "Confirmation" message at any time provided that VH1 may choose to terminate offering wireless marketing service at any time and the user's response to the "Confirmation" is only valid if the response is received while VH1 continues to offer the specific wireless marketing service.
         
         
   2. Termination of Wireless Services by User
      Regardless of which one of the above opt-in methods was used to register, users may revoke their consent to receive messages from VH1 by the following procedure:
      
      A user may cancel one or more services via his or her wireless device at any time by using the unsubscribe mechanism provided by VH1 at the time the message is sent, or by sending a text message that says "STOP", "END", "CANCEL", "REMOVE", "UNSUBSCRIBE" or "QUIT". VH1 will terminate the user's registration for the most recent wireless service sent to the user. Any of these words followed by the word "ALL" in the user's termination request will cancel all of the user's registered wireless services with VH1. If the user unsubscribes from one or all of VH1 service(s) via his or her wireless device, the service(s) will be terminated immediately and will cancel the user's previous opt-in.
      
      
   3. Termination of Wireless Services by VH1
      A user understands, acknowledges and agrees that VH1 may, at its sole discretion and without liability to any user, terminate its offer of any specific wireless marketing service or all wireless marketing services at any time without advance notice. VH1 may provide notice of terminations or changes in services on this Site.
      
      
   4. Use of Information
      VH1 will not use a wireless telephone number, wireless or conventional Internet email address, or other information submitted for its wireless marketing services for any other purpose but to provide the service requested, unless we provide advance notice of any other use. We will not share this Personal Information with Advertisers or other third party marketers unless you opt-in to such disclosure. We will share this information with the operational service providers that assist us in delivering these wireless services to you and with corporate affiliates related to VH1 and MTVN.
      
      

It is your responsibility to give us current, complete, truthful and accurate information and to keep the Personal Information that you provide to us up to date. We cannot and will not be responsible for any problems or liability that may arise if you do not give us accurate, truthful or complete information or you fail to update the information you give us.

You are solely responsible for maintaining the strict confidentiality of your user name and password and for any charges, costs, expenses, damages, liabilities and losses we incur or may suffer as a result of your failure to do so. You, and not us, are solely responsible and liable for your activity, behavior, use and conduct on the Site and for any use of the Site or any other activity or conduct in connection with the Site, by any others who use your user name or password, unless and until you notify us that your user name or password may have been compromised, misappropriated or improperly taken or used by another party.

Bear in mind that when you submit information to us, it does not guarantee that we will permit you to use any or all of the features or functions of the Site.

Cookies: We use 'cookie' technology to collect data regarding your visits to the Site. This data is stored in aggregate form and is not used to identify any particular user or individual. We use cookies and similar tracking technologies in a variety of ways, including:

1. Keeping count of your return visits to the Site or our Advertisers' or partners' sites;
2. Accumulating and reporting aggregate, statistical information in connection with the Site;
3. Determining which features users like best; and
4. Saving your user name, your password or other information so you don't have to re-enter it each time you visit the Site.

This Site may contain advertisements, references and links to other web sites and organizations. We may also use third parties to display or serve advertising on the Site and our web-based newsletters. Often these third party Advertisers employ cookie and web bug technologies to measure advertising effectiveness. You should be aware that different rules might apply to the collection, use or disclosure of your information by third parties in connection with their advertisements, promotions and other websites you encounter on the Internet. The use of such technology by these third parties is within their control and not ours. Even if we have a relationship with the third party, we do not control those sites or their policies and practices regarding your information. This Privacy Policy does not cover any use of Personal Information that a third party Advertiser or ad server may collect from you. We encourage you to investigate and ask questions directly of them in this regard.

Some of the aggregate customer data we collect may be shared with Advertisers, multiple system cable operators and other business partners of VH1, but we do not give any Personal Information to them as part of the relationship except as described in this Privacy Policy. Use of their tracking technology is subject to their own privacy policies. For more information about these third party servers and how to "opt out" of the ad-serving cookie, please click here.

Although we may track the numbers of visitors to inform us on how best to update the Site and enhance the experience for all visitors, Personal Information is not extracted in this process. We use tracking information on an aggregated basis to help us operate the Site, enhance and improve our service, improve the look of the Site and display advertising and marketing information.

Postings: We respect the privacy of the contents of users' e-mail and other correspondence (collectively, "Postings"). However, we reserve the right to monitor, edit, and disclose your use of the Site, information pertaining to any Posting or its contents to a third party, if we believe such action is required by law or is necessary to protect and defend our rights, to enforce this Privacy Policy or our Terms of Use Agreement, or to protect the interests of our users, Advertisers, suppliers, operational service providers, and others.

Disclosure to Third Parties: We do not sell, rent, lease or disclose your Personal Information to unaffiliated entities or entities that are not our Advertisers, except in the limited circumstances listed below. When we plan to disclose your Personal Information to Advertisers, we ask for your consent ("Opt in") to do so, in which case their use of your information is subject to the Advertiser's own privacy policy. The Site also offers co-branded services and features, which are events and promotions (for example, a contest) that we put together with another company ("Co-Branded Partner"). We will share your Personal Information with our Co-Branded Partner and your voluntary use and/or participation in a co-branded service or feature means that you have given your affirmative consent to both the VH1 Channel and our Co-Branded Partner to collect and use your Personal Information. If you wish to opt-out of a Co-Branded Partner's future use of your Personal Information, you will need to contact the Co-Branded Partner directly.

We also have the right to disclose your Personal Information to third parties for the purpose of administering and maintaining services on the Site. These third parties are called operational service providers, the specialists that provide internal support to operations and activities and/or for Site design, development, hosting and operations including maintenance, management, storage and/or fulfillment of our membership and e-mail clubs, various contests, sweepstakes, services, events and online stores (such as MTVN Direct Inc.). We use operational service providers to efficiently provide the full range of content, activities and membership services we bring to you and we request that our operational service providers also protect your privacy and not disclose your Personal Information or Sensitive Personal Information to third party marketers that are not associated with this Site or the VH1 Channel. Additionally, such providers are not to use your Personal Information or Sensitive Personal Information for their own marketing or promotional purposes.

We will make your Personal Information and Sensitive Personal Information available to non-affiliated third parties only in the following limited circumstances:

1. When we are compelled to do so by a governmental agency, court or other entity (e.g., to respond to subpoenas, court orders or legal process);
   
2. If we believe your actions violate any law, regulation, our Terms of Use Agreement, Additional Terms, Rules, this Privacy Policy, or any of our guidelines for promotions, Product offerings or any other features or functions of the Site, or if you threaten the rights, property or safety of the Site, VH1, its operational service providers, suppliers, Advertisers, other customers or users, or any other party;
   
3. If, in our sole discretion, we believe such disclosure to be necessary or appropriate to investigate or resolve possible problems or inquiries, to protect our business and assets, to defend our interests and/or to comply with our legal and regulatory obligations; or
   
4. In the event of a bankruptcy, merger, acquisition, transfer of control, joint venture or other business combination involving us, or our Parent Companies.
   

Security & Protection of Personal Information: We maintain reasonable standards of security and confidentiality. However, for most Internet sites, it is possible that third parties may unlawfully intercept or access transmissions or private communications over an unsecured transmission. We conduct financial transactions via secured transmissions but may not always secure other parts of the site. We also limit access to the Site by our own employees to those individuals who are authorized for the proper handling of such information and any employee found violating our standards of security and confidentiality will be subject to our disciplinary processes. We request that our operational service providers follow the same policy.

Review or Update Your Personal Information; Parental Termination of Membership: Generally, you may review or update your Personal Information or Sensitive Personal Information collected by this Site. You may also correct factual inaccuracies. However, Personal Information that is necessary to check eligibility may be modified with sufficient verification of the correct information. To review or update your Personal Information or Sensitive Personal Information collected by the Site, please click "MY ACCOUNT" on the homepage to sign in to your VH1.com account with your user name and password. Then, click on "YOUR ACCOUNT INFO" to change or update your Personal Information. Parents (including legal guardians) of children that registered on the Site who wish to terminate their child's membership and have their child's user name and password can terminate their child's membership by sending, along with the child's name, user name, and password and a request for termination, either an email to the Privacy Administrator at privacyadmin@VH1.com, or a letter to the Privacy Administrator at:

VH1
VH1.com
1515 Broadway
New York, NY 10036
c/o Privacy Administrator

Children under the age of 13 that are unknowingly registered on the Site are in violation of our Terms of Use Agreement. We will not allow direct access to a user's account and Personal Information to anyone without the account's user name and password. (Please see above for how to change account preferences.) If a parent does not have his or her child's user name or password, the parent will be required to send an email to the Privacy Administrator that includes the parent's name, address, telephone and email address, in addition to the child's name and email address as registered on the Site, plus the child's date of birth. VH1 will send a confirming email to the parent via the email address provided to verify that the parent wishes to terminate his or her child's account. The parent must then confirm by sending a reply email to the designated return address. VH1 will then terminate the child's account but will notify the child of the termination request via email and will identify the name, address and email address of the person making the request.

We reserve the right to deny access of a user account or Site features or activities to any user if we believe there is a question about the identity of the person trying to access the account. And if the burden or expense of providing access to your Personal Information is disproportionate to the risks to your privacy, or if the legitimate rights of others would be violated, we may decide not to provide access to such information. In such cases, we will provide to you an explanation of why access cannot be provided and a contact person for further inquiries.

Questions: If you have questions about our Privacy Policy, you can go directly to our Frequently Asked Questions section, which we hope will be helpful and is designed to answer many of your questions. If you cannot find the answer to a question related to our Privacy Policy or if you do not understand any of our information about how we collect, maintain, use or share your personally identifiable information, you may contact us directly by clicking here.

Sole Statement: This document is the sole statement of VH1.com's Privacy Policy with respect to this Site, and no summary, restatement or other version thereof, or other privacy statement or policy, in any form, including, without limitation, machine-generated, is valid.




PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES

This is the official Terms of Use Agreement ("Agreement") for VH1.com ("Site," "we," "us," or "our"), an Internet website offered in cooperation with the VH1 Television channel ("VH1 Channel"). The VH1 Channel and VH1.com are provided by MTV Networks ("MTVN"), a division of Viacom International Inc. (collectively "Parent Companies"). This Agreement governs only the content, features and activities related to this Site and does not cover websites for any other MTVN programming channel, MTVN's "Jobhunt" website, VH1's Parent Companies, corporate affiliates, or any other company, unless specifically stated.

This Site is offered and made available only to users 13 years of age or older who reside in the United States of America. If you are not yet 13 years old, or do not reside in the United States, please discontinue using the Site immediately, or if, for any reason, you do not agree with all of the terms and conditions contained in this Agreement, please discontinue using the Site immediately, because by using or attempting to use the Site, you are agreeing to be legally bound by this Agreement.

These terms and conditions regarding your use of the Site constitute a legally binding agreement between you and VH1. In this Agreement, the term "Site" includes all websites and webpages within VH1.com as well as any equivalent, mirror, replacement, substitute or backup websites and webpages thereto and thereof. By using this Site, you understand, acknowledge and agree that you will abide by the terms of this Agreement and any additional terms that govern certain products and services, which will be presented in conjunction with those products and services ("Additional Terms"). The Site may also provide rules of participation ("Rules") for certain activities and services including, but not without limitation, contests and sweepstakes, awards programs, membership clubs, email and dating services. The Site's Privacy Policy, Additional Terms, and any Rules are hereby incorporated in this Agreement by reference. To the extent that there is a conflict between this Agreement and Additional Terms for the activity in which you choose to participate, the Additional Terms shall govern. To the extent that there is a conflict between this Agreement and the specific Rules for the activity in which you choose to participate, this Agreement shall govern. This Agreement will remain in full force and effect as long as you are a user of the Site and in the event of termination of any membership, service or feature, you will still be bound by your obligations under this Agreement, Privacy Policy, Additional Terms, or Rules, including any indemnifications, warranties, and limitations of liability.

The words "use" or "using" in this Agreement, means any time an individual (a "user"), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with use, display, view, print or copy from the Site, transmit, receive or exchange data or communicate with the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Site, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites or pages. This is the entire and exclusive agreement between you and us regarding use of the Site and it cannot be modified, except as specifically described below in Section 2.

1. REGISTRATION
   We may require each user to have a unique user name and password combination in order to access and use certain features or functions on the Site. Please read our Privacy Policy, which describes the personally identifiable information ("Personal Information") we collect, use, disclose, manage and store. As part of the registration process for the feature or function, you will choose a user name and password (or we may assign an initial password which we will give you the option to change). Your user name and password are personal to you and you may not allow any others to use your user name or password under any circumstances. We are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your user name or password or any other need to deactivate your user name or password due to security concerns.
   
   
2. MODIFICATIONS
   We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this Agreement. We will post or display notices of material changes on the Site and we may also e-mail you about these changes. Once we post them on the Site, these changes become effective immediately and if you use the Site after they become effective it will signify your agreement to be bound by the changes. You should check back frequently and review the terms and conditions of this Agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us.
   
   
3. OWNERSHIP OF INTELLECTUAL PROPERTY
   All Site software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, database, proprietary information and all copyrightable or otherwise legally protectible elements of the Site, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, "Material"), are the property of VH1, its subsidiaries, affiliates, licensors, suppliers, operational service providers, advertisers, promotional partners or sponsors and are legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign, laws, regulations and treaties. Unless the context clearly requires otherwise or we explicitly say so in writing, the term "Site" includes "Material" as well. The Site is to be used solely for your noncommercial, non-exclusive, non-transferable and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright or other notices contained on the Site, including notices on any Material you download, transmit, print or reproduce from the Site. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party web site), or otherwise use, any Material without the express prior written consent of VH1 or its owner if VH1 is not the owner. Any unauthorized or prohibited use of any Material, may subject you to civil liability or criminal prosecution, or both, under applicable federal and state laws. We require users to respect our copyrights and other intellectual property rights. We likewise respect the intellectual property of others. On notice, we will act expeditiously to remove content on the Site that infringes the copyright rights of others and will disable the access to the Site and its services of anyone who uses them to repeatedly infringe the intellectual property rights of others. If you believe that the Site contains elements that infringe your copyrights in your work, please follow our Notice and Procedure for Making Claims of Copyright Infringement below and contact our DMCA Agent at mtvi-admin@mtvi.com.
   
   Notice and Procedure for Making Claims of Copyright Infringement Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on this Site should be sent ONLY to our Designated Agent.
   
   NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.
   
   DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g. REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, etc.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.
   
   WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
   
   Written notification must be submitted to the following Designated Agent:
   Service Provider(s): Viacom International, Inc.
   Name of Agent Designated to Receive Notification of Claimed Infringement: Mr. Pier Borra
   Full Address of Designated Agent to Which Notification Should be Sent: 1515 Broadway, New York, NY 10036 8th floor
   Telephone Number of Designated Agent: (212) 846-3723
   Facsimile Number of Designated Agent: (212) 846-1206
   Email Address of Designated Agent: mtv-admin@mtvi.com
   
   Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:
   
   
   1. An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
   2. Identification of the copyrighted work (or works) that you claim has been infringed;
   3. A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the web site where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);
   4. A clear description of where the infringing material is located on our web site, including as applicable its URL, so that we can locate the material;
   5. Your name, address, telephone number, and e-mail address;
   6. A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
   7. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
   
   
   
4. ADVERTISING
   From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties such as our advertisers, sponsor, or promotional partners (collectively "Advertisers") as a result of your use of the Site. All such communication, interaction and participation is strictly and solely between you and such third parties and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the third party or any goods or services you may purchase or obtain from any third party).
   
   
5. RULES OF CONDUCT
   Your use of the Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. You shall not use, allow or enable others to use the Site, or knowingly condone use of this Site by others, in any manner that is, attempts to, or is likely to:
   
   
   1. Be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually, racially, culturally, ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory or abusive or which may or may appear to, impersonate anyone else;
   2. Affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site;
   3. Send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing";
   4. Be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form or compensation or through linking with any other web site or web pages;
   5. Transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;
   6. Violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the Site, other users' accounts, names, passwords, Personal Information or other computers, websites or webpages, connected or linked to the Site or to use the Site in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
   7. Forge or modify the TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason;
   8. Modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights or use and enjoyment of the Site by any other person, firm or enterprise; or
   9. Collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
6. WIRELESS MARKETING SERVICES AND PROMOTIONAL OPPORTUNITIES:
   VH1 provides its valued website users and viewers with the opportunity to register for special promotions, services, news, programming and information delivered via text messaging and other wireless devices such as mobile phones. Users are required to provide their consent to receive such information from VH1, either by registering on this Site or via their wireless device. Such services and promotional opportunities are provided by MTVN affiliates for VH1. The information requested as part of the online registration process is a user's telephone number or a wireless email address, but only if specifically requested, and the carrier's name. Optional information may be requested for specific promotions, such as a user's preferences regarding goods or services, choices of music or artists, or other similar survey information. Depending on the promotion, we may also collect an Internet email address or other information and, depending on the information collected, the user may also be required to confirm his or her agreement to the Site's Privacy Policy and Terms of Use Agreement.
   
   Users that register for VH1's wireless marketing services acknowledge, understand and agree that they will be charged by the user's wireless carrier for all messages sent to the user from VH1. Standard messaging rates will apply, unless noted otherwise. Under no circumstances will VH1, its Parent Companies or corporate affiliates be responsible for any wireless email or text messaging charges incurred by a user or by a person that has access to a user's wireless device, telephone number, or email address.
   
   A user understands, acknowledges and agrees that VH1 may, at its sole discretion and without liability to any user, terminate its offer of any specific wireless marketing service or all wireless marketing services at any time without advance notice. VH1 may provide notice of terminations or changes in services on this Site.
7. TERMINATION OF YOUR REGISTRATION
   We may terminate your use of and registration on the Site, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
   
   
   You may unregister or terminate your VH1 membership account on the Site, at any time and for any reason, by sending, along with your name, user name, and password and a request for termination, either an email to the Privacy Administrator at privacyadmin@VH1.com, or a letter to the Privacy Administrator at:
   
   VH1
   VH1.com
   1515 Broadway
   New York, NY 10036
   c/o Privacy Administrator
   
   
8. DISCLAIMER AND LIMITATIONS OF LIABILITY
   THIS SITE, AND ALL MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, VH1 is not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site. You are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Site, including, without limitation, Postings and Materials associated with your use of the Site.
   
   YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS SITE, VH1, ITS PARENT COMPANIES OR THEIR SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS OR SUPPLIERS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
   
   Notwithstanding any claim that a sole or exclusive remedy which is provided in this Agreement may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have VH1, upon written notice from you to us, attempt to repair, correct or replace any deficient goods or services under this agreement and, if repair, correction or replacement is not reasonably commercially practicable for VH1, to refund any monies actually paid by you for the Product involved and to terminate and discontinue your use of the site. You further understand and acknowledge the capacity of the Site, in the aggregate and for each user, is limited. Consequently some messages and transmissions may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that VH1 assumes no liability, responsibility or obligation to transmit, process, store, receive or deliver Postings or for any failure or delay associated with any Postings and you are hereby expressly advised not to rely upon the timeliness or performance of the Site for any Postings. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in this Agreement may not apply to you.
   
   
9. SHOPPING
   All e-commerce on the Site is brought to you by MTVN Direct Inc., an operational service provider to VH1. All goods and services offered for sale on the Site ("Products") are guaranteed by the manufacturer, licensor or distributor against defects in material and workmanship for 30 days from the date of the invoice. Within that time period, just contact Customer Service and we will coordinate attempting to correct, repair or replace the defective Product or, if applicable, in obtaining a refund for you. We have no responsibility or liability whatsoever for goods or services you may obtain from or through other websites or webpages, even if you were directed or linked to such a site or page through the Site, nor are we responsible for assisting you in correcting any problem you may experience with Products if you do not notify us within the 30 day period noted above or for any goods or services not obtained directly on the Site. You agree that your sole and exclusive remedy and our sole, exclusive and maximum liability arising from or relating in any way to any Product shall be the amount you actually paid us (or our suppliers or other e-commerce partners) for it. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR RELATING IN ANY WAY TO ANY AND ALL PRODUCTS. EXCEPT AS SPECIFICALLY MADE IN WRITING, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.
   
   Goods and products may be purchased while supplies last. If a Product is listed at an incorrect price or with incorrect information, we reserve the right to refuse or cancel orders placed for that Product, whether or not the order has been confirmed and even if your account has been charged (in which event we will issue a credit to your account in the amount of the charge).
   
   Our creation or transmission of an order confirmation does not signify acceptance of your order, nor constitute a binding confirmation of an offer to sell any Product and we reserve the right to accept or decline your order for any reason up until the time the Product is actually delivered to you. We reserve the right at any time, without prior notice, to limit or reduce the quantity you ordered of any Product and we will notify you if we do so. All orders placed over $500.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our credit and authorization policies and practices in effect at the time of your order. We may contact you and require additional information from you before we grant such pre-approval. Products on the Site are offered for sale only to end user customers or as personal gifts to end user customers and not for resale. We do not accept orders from dealers, exporters, wholesalers, distributors, resellers or other similar persons or companies, and reserve the right to refuse, cancel or seek the return of any Products that are purchased in violation of the foregoing restrictions.
   
   You are responsible for any taxes imposed on the sale or use of Products and applicable taxes will be added to the amount charged for Products purchased on the Site.
   
   If an order consists of multiple items, they may be shipped separately depending on availability.
   
   
10. POSTINGS
    Your comments, suggestions and information are important to us. Portions of this Site may provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to us, the Site or others ("Post" or "Postings"). Postings do not necessarily reflect the views of this Site, VH1 or its Parent Companies. We do not monitor, endorse, edit or screen any Postings, nor shall we be liable for any Posting that is in violation of this Agreement. In no event shall the Site, VH1 or its Parent Companies have or be construed to have any responsibility or liability for or in connection with any Posting whatsoever; however, if we determine, in our sole discretion and judgment, that any Posting does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your right to use the Site; and/or (d) use any technological, legal, operational or other means available to VH1 to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on VH1.com.
    
    If a Posting originates from you or your account, you hereby agree that: (a) you are placing the Posting in the public domain without reservation of any rights or further control over the Posting or its use and you specifically authorize us to use such Posting in whole or in part, throughout the universe, in perpetuity in or on any and all media, now known or hereafter devised, and alone or together or as part of other information, content and/or material of any kind or nature; (b) you represent and warrant that (i) the Posting is original to you or fully cleared for use as contemplated herein, (ii) the Posting does and will not, in any way, violate or breach any of the terms of this Agreement, (iii) the Posting does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any federal or state statute or regulation, (iv) the Posting is not obscene or in any other manner unlawful, (v) the Posting shall not be injurious to the health of the user, and (vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting; (c) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that you have the right to place such Posting in the public domain and grant VH1 the right to use such Posting as described above; and (d) we have the right to delete, re-format and/or change your Posting in any manner that we may determine (although you will not be responsible for any such changes).
    
    The amount of storage space on the Site per user is limited. Some Postings may not be processed due to space constraints or outbound message limitations. You understand and agree that we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or any other matter relating to Postings.
    
    Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.
    
    If you believe that any content on the Site (including, without limitation, Postings) violates any of the terms of this agreement, please click here to send us a message about it. We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.
    
    
11. CONTESTS, SWEEPSTAKES, AUCTIONS AND PROMOTIONS
    From time to time, VH1 or its suppliers and Advertisers may conduct promotions on or through the Site, including, without limitation, auctions, contests and sweepstakes ("Promotions"). Each Promotion may have Additional Terms and/or Rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of this Agreement.
    
    
12. HYPERLINKS TO THIRD PARTY SITES
    The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Site or any other form of link or re-direction of your connection to, with or through the Site, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of this Site, VH1, its Parent Companies or any of their subsidiaries, affiliates, successors and assigns, and their respective officers, directors, agents, representatives, licensors, suppliers, and operational service providers. We do not verify, endorse, or have any responsibility for any such third party sites, or the business practices (including the privacy policy), or for any goods or services associated with or obtained in connection with any such website, whether the Site or VH1's logo or sponsorship identification is on the third party site as part of a co-branding or promotional arrangement. If any third party site obtains or collects Personal Information from you, in no event shall we assume or have any responsibility or liability. Please read our Privacy Policy, which describes how VH1 collects and uses your Personal Information.
    
    
13. INDEMNIFICATION
    You agree to indemnify, defend and hold the Site, VH1, its Parent Companies, their subsidiaries, affiliates, successors and assigns and their respective officers, directors, employees, agents, licensors, representatives, suppliers, operational service providers and Advertisers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Agreement by you, or public posting of your Postings. VH1 reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with VH1 in the defense of any such claim, action, settlement or compromise negotiations, as requested by VH1.
    
    
14. PRIVACY
    VH1 respects your privacy and the use and protection of your Personal Information. Please see our Privacy Policy for important information and disclosures relating to the collection and use of your Personal Information in connection with your use of the Site.
    
    
15. LAW THAT APPLIES TO THIS AGREEMENT; MISCELLANEOUS TERMS
    This Agreement, together with our Privacy Policy and any other rules, regulations, procedures and policies which we refer to and which are hereby incorporated by reference, contains the entire understanding and agreement between you and VH1 and supersedes any and all prior or inconsistent understandings relating to the Site and your use of the Site. This Agreement cannot be changed or terminated orally. If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement; however, no action arising out of this Agreement or your use of the Site, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).
    
    This Agreement and your use of the Site is governed by, construed and enforced in accordance with the internal substantive laws of the State of New York (notwithstanding the State's conflict of laws provisions) applicable to contracts made, executed and wholly performed in New York, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State and County of New York and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
    
    

Last modified October 28, 2005, effective immediately.

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