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FUZZ.COM TERMS OF USE AND PRIVACY POLICY

FUZZ.COM TERMS OF USELast Updated: March 1, 2012

Please read these Terms of Use (the Terms) for the Fuzz music serviceoffered by Feed Media Inc. (Fuzz) through Fuzz.com (the Website),any third party platforms and services (e.g., Facebook, mobile devices,etc.) (Third-Party Sites), any software applications (e.g., a Fuzz iPadapplication) (each an Application), and any other widgets, software,tools, and other services provided by us (the Website, Applications,access through Third-Party Sites, and any other widgets, software, toolsand other services provided by us are, collectively, the Services),carefully before using the Services.

THESE TERMS CREATE A BINDING LEGAL CONTRACT BETWEEN YOU ANDFUZZ, THE OWNER AND OPERATOR OF THE SERVICES. BY USING THESERVICES YOU REPRESENT AND WARRANT THAT YOU HAVE READ,UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DONOT ACCEPT THESE TERMS, YOU MUST NOT USE AND ARE NOTAUTHORIZED TO USE ALL OR ANY PORTION OF THE SERVICES.

The Services are offered by Fuzz to enable you to receive noninteractivedigital audio transmissions of sound recordings, to share your musicaltastes with others, and to explore, discover, and purchase new music.The Services may also permit you to chat with other users of the

Services on the Website or through Third-Party Sites and anyApplications.

1. GENERAL

1.1 Consideration. The preceding paragraphs are an integral part ofthese Terms and are hereby incorporated into the Terms as if set forthat length. You understand and agree that these Terms are entered intoin consideration of your use of the Services and other good and valuableconsideration, the receipt and sufficiency of which are hereby

acknowledged.

1.2 Changes to these Terms. The Website and portions of theServices are owned and operated by Fuzz. Fuzz reserves the right torevise these Terms in its sole discretion at any time and without priornotice to you other than by posting the revised Terms on the Website.Any revisions to the Terms are effective upon posting. The Terms will beidentified as of the most recent date of revision. You should visit this

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page regularly to ensure your continued acceptance of these Terms.Your continued use of the Services after any revision to these Termsconstitutes your binding acceptance of the revised Terms.Notwithstanding the preceding sentences of this Section 1.2, norevisions to these Terms will apply to any dispute between you and Fuzz

that arose prior to the date of such revision.

1.3 Evolving Nature of Services. The Services are new and subject tochange at any time. We are continually looking to improve the Servicesbut if you are at any time dissatisfied with the Services, then your soleremedy is to discontinue use of the Services. However, we do want tohear from our users so do not hesitate to send us an e-mail atsupport@fuzz.com to let us know what you think.

1.4 Entity Subscribers. Presently, accounts are limited to individualusers, with a limit of one account per user. If you desire to open an

account on the Services on behalf of a company, entity or organization(each a "Subscribing Entity"), you should send a request toadvertise@blip.fm; by making such a request, you represent andwarrant that you: (i) are an authorized representative of thatSubscribing Entity with the authority to bind such entity to these Termsand (ii) agree to be bound by these Terms on behalf of such SubscribingEntity and any Ancillary Terms Fuzz may impose. Any decision to grantsuch a request shall be made at Fuzzs sole discretion. Ancillary termsmay not be the same for all Subscribing Entities.

2. USE OF SERVICES

Fuzz may provide the Services through the Website, Third-Party Sites,other channels owned or operated by or on behalf of Fuzz, Applications,and any other media or channels now known or hereafter developed.The Services may occasionally require that you agree to additionalterms and conditions in order to use the Services, including those ofThird-Party Sites such as Facebook. Any terms and conditions requiredby Fuzz for use of any portion of the Services offered by Fuzz (but notthose of any Third-Party Site) will, unless otherwise expressly stated insuch terms, supersede these Terms in the event of a conflict only as to

the services with respect to which those terms relate. Such additionalterms and conditions (if any) (but not those of any Third-Party Site), arehereby incorporated into and made a part of these Terms by reference.You may also be subject to the terms of use of any Third-Party Sites andyou are solely responsible for your acceptance of and compliance withsuch terms. You should review the terms of use and privacy policies ofThird-Party Sites before using such Third-Party Sites.

mailto:advertise@blip.fmmailto:advertise@blip.fm

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3. CHILDREN

By using the Services, you affirm that you are at least 18 years of age.Additionally, the Services are not intended for children under the age of

13. If you are under the age of 13, you must not use or access theServices.

4. SERVICE SECURITY

4.1 Personal Security. Be smart when using the Services or any Third-Party Sites. You should not disclose personal information to strangersthat would enable them to locate you offline. This means you should notgive out your name, address, place of employment, school, etc., whilecommunicating with others on or through the Services. If you choose to

share information about your use of the Services via a Third Party Sitesuch as Facebook, you should be mindful of who may have access toyour activities via Facebook.

4.2 Service Security. You are prohibited from violating, or attemptingto violate, the security of the Services. Any such violations may result incriminal and/or civil penalties against you. In addition, Fuzz may, in itssole discretion, terminate your privilege to use the Services. Fuzzreserves the right to investigate any alleged or suspected violations and,if a criminal violation is suspected, refer such suspected violation to theappropriate law enforcement agencies and cooperate fully with such

investigations, including, but not limited to, the disclosure of any or all ofyour activities on or related to the Services.

5. MATERIALS SUBMITTED; LICENSE GRANT FROM YOU TO FUZZ

5.1 User Content. This section governs any material that you uploador transmit to or through the Services including, without limitation,comments, messages, photographs, or any other form of copyrightedmaterial, but excluding Internet Radio Content, as defined in 5.4 below(collectively, "User Content"). You are solely responsible for all User

Content you submit to or through the Services. You agree, represent,and warrant that any User Content you upload or transmit to or throughthe Services is truthful, accurate, not misleading, and offered in goodfaith, and that you have all rights, licenses, permissions, andauthorizations necessary to upload or transmit the User Content to theServices and grant the rights to the User Content as set forth in theseTerms. You further represent and warrant that no payments of any kindwill be due by Fuzz to any third party for any User Content you upload to

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or through the Services. You must not upload or transmit any UserContent to or through the Services where the rights have not beencleared for the use of such User Content on the Services.

5.2 License Grants. Except as expressly provided in Fuzz's Privacy

Policy, you hereby grant Fuzz an unrestricted, perpetual, assignable,sublicensable, revocable, royalty-free license throughout the universe toreproduce, distribute, publicly display, communicate to the public, makeavailable, publicly perform (including by means of digital audiotransmissions) on a through-to-the-audience basis, create derivativeworks from, and otherwise use and exploit (collectively, "Use") all UserContent you upload to or through the Services, through any media andformats now known or hereafter developed, including through Third-Party Sites and Applications; to advertise, market, or promote theServices. You further grant Fuzz a royalty free license to Use yourname, image, voice, likeness, and any photographs or artwork made

available by or on your behalf through the Services in conjunction withadvertising, marketing, or promoting Fuzz or the Services.

5.3 Waiver of Rights. By uploading User Content to the Services youwaive any rights to prior inspection or approval of any marketing orpromotional materials related to such User Content. You further waiveany and all rights of privacy, publicity, or any other rights of a similarnature in connection with your use of the Services or any User Content(or any portions thereof) you provide on or through the Services. To theextent any moral rights are not transferable or assignable, you herebywaive and agree never to assert any and all moral rights, or to support,

maintain or permit any action based on any moral rights that you mayhave in or with respect to any User Content you upload to the Services,during the term of these Terms. You expressly release Fuzz and all of itsagents, partners, subsidiaries, affiliates, licensees, successors, andassigns from any and all claims, demands, liabilities, or causes of action,whether now known or unknown, for defamation, copyrightinfringement, violation of moral rights, and invasion of the rights toprivacy, publicity, or personality or any similar matter, or based upon orrelating to the Use of your User Content.

5.4 Internet Radio Content. Among other features, the Services allow

you to create one or more collections of sound recordings that havebeen released to the public under the authority of the sound recordingcopyright owners (the Internet Radio Content). You hereby representand warrant that you have the necessary licenses, rights, consents, andpermissions to use and authorize Fuzz to reproduce, publicly perform,and otherwise use the Internet Radio Content uploaded by you in themanner contemplated by Fuzz and these Terms. You further representand warrant that you have taken no steps, either directly or indirectly, to

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intentionally defeat any technological measures implemented by Fuzz toensure the compliance with any laws or regulations, including, but notlimited to, the Copyright Laws, as defined in paragraph 5.5 below.

5.5 Internet Radio Content Representations. You hereby represent

and warrant that when using the Services, you will not interfere with theperformance, specifications, functionality and behavior of the Services,including interfering in any way with the ability of the Services to complywith Sections 112 and 114 of the United States Copyright Act, theregulations adopted pursuant thereto or other provisions of thecopyright laws of the United States or any other applicable laws andregulations of jurisdictions in which you may be resident (collectively,the Copyright Laws). You hereby represent and warrant that anyInternet Radio Content uploaded by you onto the Services (a) willinclude the complete and correct title of the sound recording (i.e., songname), featured recording artist name, and title of the album released

under the authority of the copyright owner; (b) contains no inaccurate ormisleading metadata; (c) comes from a lawfully obtained phonorecordand not from any illegally acquired content, including any contentdownloaded from unauthorized or illegal peer-to-peer filing sharingservices; and (d) has been publicly released in the United States underthe consent of the copyright owner (e.g., does not come from a bootlegor unauthorized recording made available before the "street date" ofrelease of the content).

5.6 Internet Radio Content and Communications. You herebyrepresent and warrant that you will not use any aspect the Services, any

Third-Party Sites or other methods (including without limitation email,voice and text messaging, and Facebook direct messages) to provideadvanced publication (as defined in the Copyright Laws), or otherwisegive advanced notice (to you or to another User) of specific songs thatwill be accessible on the Service during a specific timeframe, or to causeor predict (or enable another users to be able to cause or predict)playback of a specific song on the Service during a specific timeframe.You represent and warrant that you will not use multiple accounts, oraccounts shared by multiple users, to accomplish any of the foregoing,or to defeat any of the playback or other limitations of the Services.

5.7 Special Indemnification. In addition to and without limiting any ofFuzzs rights and remedies in Section 12 below, you represent, warrantand agree that, in the case of a violation by you (whether acting directlyor through your agents or representatives) of any of the provisions ofthis Section 5, and notwithstanding any other provisions of these Terms,you represent and warrant that you shall advance all Expenses (asdefined in Section 12 below) incurred by or on behalf of Fuzz inconnection with any proceeding arising in whole or in part from such

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violation (including without limitation a proceeding brought or joined byyou) within 21 days after the receipt by you of a statement orstatements from Fuzz requesting such advance or advances from timeto time, whether prior to or after final disposition of such proceeding.Such statement or statements shall reasonably evidence the Expenses

incurred by Fuzz and shall include or be preceded or accompanied by awritten undertaking by or on behalf of Fuzz to repay any Expensesadvanced if it shall ultimately be determined that Fuzz is not entitled tobe indemnified against such Expenses. You agree that any advancesand undertakings to repay pursuant to this Section 5.7 shall beunsecured and interest free. You represent, warrant and agree that youshall not seek from a court, or otherwise agree to, a bar order whichwould have the effect of prohibiting or limiting Fuzzs rights to receiveadvancement of expenses under this Section 5.7.

6. REGISTRATION

6.1 Log In Credentials. In order to use certain functionalities of theServices, such as posting comments, you will have to register for anaccount on the Service or log in using your Facebook or other Third-Party Site credentials. You are responsible for maintaining theconfidentiality of your log-in credentials in order to use the Services, andare fully responsible for all activities that occur through the use of yourcredentials. You agree to notify Fuzz immediately of any unauthorizeduse of your log-in credentials or any other breach of security withrespect to your account. Fuzz will not be liable for any loss or damage

arising from unauthorized use of your credentials prior to you notifyingFuzz of such unauthorized use or loss of your credentials.

6.2 Accuracy of Information. You agree to provide true, accurate,current, and complete information about yourself as requested in anyregistration forms required by Fuzz. You also agree to update theinformation about yourself promptly, and as necessary, to keep itcurrent and accurate. If messages sent to an e-mail address providedby you are returned as undeliverable, Fuzz reserves the right toterminate your account immediately with or without notice to you andwithout any liability to you or any third party.

7. USER TO USER COMMUNICATION; SHARING OF LISTENING HABITS

7.1 General. You may engage in online chats with other users of theServices through the Third Party Site Facebook. Your use of the chatservices of Facebook, and any other services of Facebook, will begoverned by any Facebook terms of use or other policies as well as

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these Terms. Any violation by you of any Facebook terms or theseTerms may result in the termination of your right to post messagesthrough Facebook. Fuzz shall have no liability to you for any terminationof your right to engage in online chats through Facebook.

7.2 Sharing of Listening Habits. By connecting your Fuzz account witha Third Party Site such as Facebook you may choose to make yourlistening habits and music likes and dislikes available through such ThirdParty Sites. By sharing your listening information you will be makingsuch information available to anyone who has access to your profile on aThird Party Site (e.g., your friends on Facebook or every other user ofthe Third Party Site). The information you choose to share through aThird Party Site shall be controlled through such Third Party Site andsubject to such Third Party Sites terms and policies. Fuzz is notresponsible, and shall have no liability to you, for any information youchoose to make available through a Third Party Site or for any failure of

such Third Party Site to protect the confidentiality of any informationyou share through such Third Party Site. Notwithstanding the foregoing,Fuzz reserves the right to terminate your use of the Services if youengage in any activities on a Third Party Site that reflects poorly on Fuzzor the Services, including, but not limited to, through offensive,disparaging, hateful or harmful comments about other users of theServices or Fuzz or the posting of infringing, defamatory, or obscenecontent or comments.

7.3 Chat Postings. You should exercise caution, good sense andsound judgment in submitting messages to be posted through a Third

Party Site such as Facebook. Think and read twice before you postanything. Once something is posted online it may live in perpetuity, andmessages posted today could be highly embarrassing or damaging toyour credibility or reputation in the future. You are responsible for anycomments or materials you post on or through any Third Party Sites, andassume all liability arising out of a post. Fuzz makes no representationsand warranties with respect to the confidentiality of any posts you makethrough the Services or on a Third Party Site.

7.4 License Grant for Postings. You hereby grant Fuzz a royalty free,perpetual, irrevocable, assignable, non-exclusive license throughout the

universe to Use any messages you post through the Services, includingon a Third Party Site (or any portion thereof, including an edited version)alone or as part of other works in any form, media, or technologywhether now known or hereafter developed, and to sublicense suchrights through multiple tiers of sublicensees, with or without attributionto you, to market and promote the Services.

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8. OTHER PROHIBITED ACTIVITIES

8.1 In using the Services, you agree not to:

(a) Upload or otherwise transmit to or through the Services any

information or content that infringes any patent, trademark, tradesecret, copyright or other proprietary rights of any party, including byincorporating any such material in User Content;

(b) Upload or otherwise transmit to or through the Services anyunlawful, harmful, harassing, defamatory, threatening, vulgar, sexuallyexplicit, hateful or otherwise objectionable material of any kind, or anymaterial that can cause harm or delay to the Services or computers ofany kind;

(c) Upload, post or otherwise transmit any unsolicited or unauthorized

advertising, promotional materials, junk mail, spam, chain letters,pyramid schemes or any other form of solicitation (commercial orotherwise);

(d) Create a false identify or impersonate another person or entity inany way;

(e) Restrict, discourage or inhibit any person from using the Services,disclose personal information about a third person on the Services orobtained from the Services without the consent of such person or collectinformation about users of the Services;

(f) Undertake, cause, permit or authorize the modification, creation ofderivative works, translation, reverse engineering, decompiling,disassembling or hacking of any aspect of the Services or any partthereof, or attempt to do any of the foregoing, except and solely to theextent permitted by these Terms, the authorized features of theServices, or by law, or otherwise attempt to use or access any portion ofthe Services other than as intended by Fuzz;

(g) Gain unauthorized access to the Services, to other users'accounts, names or personally identifiable information, or to other

computers or websites connected or linked to the Services;

(h) Reproduce, distribute, publicly display, publicly perform, sell,trade, resell or exploit any portion of the Services, use of the Services,access to the Services or content obtained through the Services, for anypurpose other than expressly permitted by these Terms, including, byway of example and not limitation, by doing or engaging in any of thefollowing without Fuzz' express written consent:

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(i) Framing, embedding and/or passing off User Content obtainedfrom the Services in such a manner as to present them as originatingfrom a source other than the Services;

(ii) Copying, caching or reformatting any User Content for commercialpurposes in any manner whatsoever, whether by copying to physical orelectronic media for purposes of buffering delivery or convertingtransmissions from the Service to alternative delivery formats;

(iii) Altering, defacing, mutilating or otherwise bypassing anyapproved software through which the Services are made available; and

(iv) Using any trademarks, service marks, design marks, logos,photographs or other content belonging to Fuzz or obtained from theServices.

(i) Post, transmit or otherwise make available any virus, worm,spyware or any other computer code, file or program that may or isintended to damage or hijack the operation of any hardware, software ortelecommunications equipment, or any other aspect of the Services orcommunications equipment and computers connected to the Services;

(j) Remove, disable, damage, circumvent or otherwise interfere withany security-related features of the Services, features that prevent orrestrict the use or copying of any part of the Services or any content onthe Services, or features that enforce limitations on the use of the

Services or any content on the Services;

(k) Use any scraper, spider, robot or other automated means of anykind to access the Services, except and solely to the extent permitted bythese Terms and the features of the Services, deep-link to any feature orcontent on the Services, bypass our robot exclusion headers or othermeasures we may use to prevent or restrict access to the Services;

(l) Interfere with or disrupt the Services, networks or serversconnected to the Services or violate the regulations, policies orprocedures of such networks or servers;

(m) Violate any applicable federal, state or local laws or regulations orthese Terms; or

(n) Solicit, encourage or permit any persons to engage in, or assistany persons in engaging in any, of the activities described above.

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9. DISCLAIMER

YOU UNDERSTAND THAT WHEN USING THE SERVICES, YOU MAY BEEXPOSED TO PRODUCTS, PHOTOGRAPHS, ALBUM ARTWORK, MESSAGES,AND USER CONTENT FROM A VARIETY OF SOURCES, AND THAT FUZZ IS

NOT RESPONSIBLE FOR THE ACCURACY, INTEGRITY, QUALITY, LEGALITY,USEFULNESS, SAFETY OR INTELLECTUAL PROPERTY RIGHTS OF ORRELATING TO SUCH MATERIALS. YOU FURTHER UNDERSTAND ANDACKNOWLEDGE THAT YOU MAY BE EXPOSED TO PRODUCTS,PHOTOGRAPHS, ALBUM ARTWORK, MESSAGES, AND USER CONTENTTHAT ARE INACCURATE, OFFENSIVE, INDECENT, OR OBJECTIONABLE,AND YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OREQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINSTFUZZ WITH RESPECT THERETO. UNDER NO CIRCUMSTANCES WILL FUZZBE LIABLE IN ANY WAY FOR OR IN CONNECTION WITH ANY PRODUCTS,PHOTOGRAPHS, ALBUM ARTWORK, MESSAGES, AND USER CONTENT,

INCLUDING, BUT NOT LIMITED TO, FOR ANY INACCURACIES, ERRORS OROMISSIONS IN ANY USER CONTENT, OR FOR ANY LOSS OR DAMAGE OFANY KIND INCURRED AS A RESULT OF THE USE OF ANY PRODUCTS,PHOTOGRAPHS, ALBUM ARTWORK, MESSAGES, AND USER CONTENTPOSTED, E-MAILED, UPLOADED OR OTHERWISE DISPLAYED, PERFORMEDOR TRANSMITTED VIA THE SERVICES. BY ACCESSING OR USING ANYPRODUCTS, PHOTOGRAPHS, SKETCHINGS, ARTWORK, MESSAGES, ANDUSER CONTENT TRANSMITTED ON OR THROUGH THE SERVICES, YOUWAIVE ANY AND ALL CLAIMS AGAINST FUZZ THAT YOU MAY HAVEARISING OUT OF OR RELATING TO SUCH PRODUCTS, PHOTOGRAPHS,ALBUM ARTWORK, MESSAGES, AND USER CONTENT.

10. INTELLECTUAL PROPERTY RIGHTS

10.1 Generally. The content made available on or through theServices, including, without limitation, any text, software, graphics,photos, sounds, music, videos and interactive features, but excludingUser Content, may be protected by copyright or other intellectualproperty rights and owned by Fuzz or third party licensors of Fuzz. Nomaterial made available on or through the Services may be copied,reproduced, republished, uploaded, posted, transmitted, or distributed

in any way without written permission of the copyright owner.Modification of materials obtained from the Services, including, but notlimited to, User Content, for any other purpose, including, withoutlimitation, any commercial purpose, is a violation of the copyrights andother proprietary rights of Fuzz or its licensors, unless you have obtainedexpress written authorization to the contrary. All design rights,databases and compilation and other intellectual property rights, in eachcase whether registered or unregistered, and related goodwill are

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proprietary to Fuzz.

10.2 Trademarks. All trademarks, service marks, logos and tradenames on the Services, whether registered or unregistered, areproprietary to Fuzz or to other companies where so indicated. You may

not reproduce, download or otherwise use any such trademarks, servicemarks, logos or trade names without the prior written consent of theappropriate owner thereof.

10.3 No Implied Rights. There are no implied licenses granted in theseTerms.

11. LINKS TO THIRD PARTY SITES

11.1 As you use the Services you may notice links to Third-Party Sites.

These links are for convenience only. If you use these links, you willleave the Services. Certain of these Third-Party Sites may make use ofFuzz proprietary intellectual property rights (such as copyrights,trademarks, service marks, logos and trade names) under license fromFuzz. Fuzz is not responsible for the availability or content of theseThird-Party Sites or for any viruses or other damaging elementsencountered in linking to a Third Party Site, whether or not Fuzz isaffiliated with the owners of such Third-Party Sites. In addition, theprovisioning of these links to Third-Party Sites is not an endorsement orapproval by Fuzz of the organizations sponsoring such Third-Party Sitesor their products or services. These Terms do not apply to Third-Party

Sites, and you should review applicable terms and policies, including anyrelevant privacy policies, associated with any Third-Party Sites,applications, software or services.

11.2 YOU AGREE THAT FUZZ WILL NOT BE RESPONSIBLE OR LIABLEFOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OFANY SUCH DEALINGS YOU MAY HAVE ON OR THROUGH A THIRD PARTYSITE OR AS THE RESULT OF THE PRESENCE OF ANY THIRD PARTYADVERTISING ON THE SERVICES.

12. INDEMNITY

You agree to indemnify, defend, and hold harmless Fuzz and its parent,subsidiaries, affiliates, investors, sublicensees or any related companies,licensors and suppliers, and their respective directors, officers,employees, agents, representatives, contractors, and assigns and otherFuzz users who use any User Content you upload to or make availableon the Services, from all damages, injuries, liabilities, costs, fees and

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expenses (including, but not limited to, attorneys' fees and court costs)arising from or in any way related to: (1) your use or misuse of theService; (2) your User Content, including Fuzz's or any user's Use of yourUser Content consistent with these Terms; (3) your breach or otherviolation of these Terms, including any representations, warranties and

covenants herein; or (4) your violation of the rights of any other personor entity, including, but not limited to, claims that any User Contentinfringes or violates any third-party intellectual property rights or otherproprietary rights (collectively, Expenses). Notwithstanding theforegoing, Fuzz reserves the right, at your expense, to assume theexclusive defense and control of any matter for which you are requiredto indemnify Fuzz if Fuzz, in its reasonable discretion, concludes thatyou are not adequately protecting Fuzz's interests or are incapable ofprotecting Fuzz's interests, and you agree to cooperate with Fuzz'sdefense of these claims. You agree not to settle any matter without theprior written consent of Fuzz. Fuzz will use reasonable efforts to notify

you of any such claim, action or proceeding upon becoming aware of it.

13. DISCLAIMERS

13.1 THE SERVICES, PRODUCTS, USER CONTENT, AND ANY THIRD-PARTY CONTENT, SOFTWARE, SERVICES OR APPLICATIONS MADEAVAILABLE ON OR THROUGH OR IN RELATION TO THE SERVICES, AREPROVIDED ON AN "AS IS," "AS AVAILABLE," "WITH ALL FAULTS" BASISWITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHEREXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IN TERMS OFCORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.

13.2 TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLELAW, FUZZ AND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERSHEREBY DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIESOF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIEDWARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULARPURPOSE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION,WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FUZZ, ANEMPLOYEE OR REPRESENTATIVE OF FUZZ OR THROUGH THE SERVICESWILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. FUZZAND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS DO NOT

WARRANT THAT THE SERVICES OR ANY PART THEREOF, OR ANYPRODUCTS OR CONTENT OFFERED THROUGH THE SERVICES, WILL BEUNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFULCOMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOINGWILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT YOU USE,ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION,MATERIALS, OR DATA THROUGH THE SERVICES OR ANY ASSOCIATEDSITES OR APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND

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THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOURPROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTIONWITH THE SERVICES) OR LOSS OF DATA THAT RESULTS FROM THEDOWNLOAD OR USE OF SUCH MATERIAL OR DATA.

14. LIMITATION OF LIABILITY

IN NO EVENT WILL FUZZ OR ITS OFFICERS, DIRECTORS, LICENSORS ORSUPPLIERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT,SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR INCONNECTION WITH: (1) THE USE OR ACCESS OF OR INABILITY TO USEOR ACCESS THE SERVICES; (2) ANY PRODUCTS ADVERTISED, PROMOTEDOR DISPLAYED ON THE SERVICES; AND (3) CONTENT (INCLUDING USERCONTENT) MADE AVALIABLE THROUGH THE SERVICES, IN EACHINSTANCE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS,

BUSINESS INTERRUPTION, OR OTHERWISE, WHETHER BASED IN TORT,CONTRACT OR OTHER LEGAL THEORY, EVEN IF FUZZ OR ITS LICENSORSOR SUPPLIERS ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCHDAMAGES. IN NO EVENT SHALL FUZZ OR ITS LICENSORS OR SUPPLIERSBE LIABLE IN THE AGGREGATE FOR ANY DAMAGES INCURRED BY YOUTHAT EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS OR (B) THEAMOUNT OF FEES YOU HAVE PAID FUZZ IN THE 12 MONTHS PRIOR TOTHE ACTION GIVING RISE TO THE LIABILITY.

15. LIMITATIONS; BASIS OF THE BARGAIN

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OFLIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THEABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCHCASES, YOU AGREE THAT BECAUSE SUCH WARRANTY DISCLAIMERS ANDLIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIRALLOCATION OF RISK BETWEEN YOU AND FUZZ, AND AREFUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEENYOU AND FUZZ, FUZZ'S LIABILITY WILL BE LIMITED TO THE MAXIMUMEXTENT PERMITTED BY LAW. YOU UNDERSTAND AND AGREE THATFUZZ WOULD NOT BE ABLE TO OFFER THE SERVICES TO YOU ON AN

ECONOMICALLY FEASIBLE BASIS WITHOUT THESE LIMITATIONS.

16. TERM AND TERMINATION

16.1 Term. These Terms, as amended, will be effective commencingwith your first use or registration for the Services and will remain in fullforce and effect throughout your use of the Services.

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16.2 Termination by Fuzz. Fuzz may terminate your use of the Servicesor any of our features or services at any time and for any reason, with orwithout notice, for conduct violating these Terms or upon Fuzz' soledetermination, without liability to you. You hereby agree to Fuzz's broad

right of termination. You agree that if your use of the Services isterminated pursuant to these Terms, you will not attempt to use theServices under any name, real or assumed, and further agree that if youviolate this restriction after being terminated, you will indemnify andhold us harmless from any and all liability that we may incur therefor.Upon Fuzz's termination of your use of the Services, Fuzz may, but shallnot be required to, delete any of your User Content available on orthrough the Services and terminate your access to your User Content ifthose materials remain on the Service, without any liability to you.

16.3 Termination by You. You are free to terminate your use of the

Services at any time. You can simply choose to stop visiting or usingany aspect of the Services. If you wish to terminate your account on theServices, you may do so by sending an e-mail to support@fuzz.com orusing any other account termination functionality that may be offeredthrough the Services.

17. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OROTHER INTELLECTUAL PROPERTY INFRINGEMENTS

17.1 Fuzz respects the intellectual property of others and takes the

protection of copyrights and all other intellectual property veryseriously, and we ask our users to do the same. Infringing activity willnot be tolerated on or through the Service.

17.2 Fuzz's intellectual property policy is to (a) remove material thatFuzz believes in good faith, upon notice from an intellectual propertyowner or their agent, is infringing the intellectual property of a thirdparty by being made available through the Services, and (b) remove anyUser Content posted to the Services by "repeat infringers." Fuzzconsiders a "repeat infringer" to be any user that has uploaded UserContent to the Services and for whom Fuzz has received more than two

takedown notices compliant with the provisions of 17 U.S.C. 512(c)with respect to such User Content. Fuzz has discretion, however, toterminate the account of any user after receipt of a single notification ofclaimed infringement or upon Fuzz's own determination.

17.3 Procedure for Reporting Claimed Infringement.

(a) If you believe that any content made available on or through the

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Services has been Used or exploited in a manner that infringes anintellectual property right you own or control, then please promptly senda "Notification of Claimed Infringement" containing the followinginformation to the Designated Agent identified below. Yourcommunication must include substantially the following:

(i) A physical or electronic signature of a person authorized to act onbehalf of the owner of the work(s) that has/have been allegedlyinfringed;

(ii) Identification of works or materials being infringed, or, if multipleworks are covered by a single notification, a representative list of suchworks;

(iii) Identification of the specific material that is claimed to beinfringing or to be the subject of infringing activity and that is to be

removed or access to which is to be disabled, and informationreasonably sufficient to permit Fuzz to locate the material;

(iv) Information reasonably sufficient to permit Fuzz to contact you,such as an address, telephone number, and, if available, an electronicmail address at which you may be contacted;

(v) A statement that you have a good faith belief that the use of thematerial in the manner complained of is not authorized by the copyrightowner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate,and under penalty of perjury, that you are authorized to act on behalf ofthe owner of an exclusive right that is allegedly infringed.

You should consult with your own lawyer and/or see 17 U.S.C. 512 toconfirm your obligations to provide a valid notice of claimedinfringement.

17.4 Designated Agent Contact Information. Fuzz's Designated Agentfor notices of claimed infringement can be contacted at:

Via E-mail: copyright@fuzz.com

Via U.S. Mail:Feed Media Inc.Mission Tower Two3979 Freedom Circle, Suite 610Santa Clara, CA 95054Attn: Copyright Agent

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17.5 Counter Notification.

(a) If you receive a notification from Fuzz that material madeavailable by you on or through the Service has been the subject of a

Notification of Claimed Infringement, then you will have the right toprovide Fuzz with what is called a "Counter Notification." To be effective,a Counter Notification must be in writing, provided to Fuzz's DesignatedAgent through one of the methods identified in Section 17.4, and includesubstantially the following information:

(i) A physical or electronic signature of the subscriber;

(ii) Identification of the material that has been removed or to whichaccess has been disabled and the location at which the materialappeared before it was removed or access to it was disabled;

(iii) A statement under penalty of perjury that the subscriber has agood faith belief that the material was removed or disabled as a result ofmistake or misidentification of the material to be removed or disabled;and

(iv) The subscriber's name, address, and telephone number, and astatement that the subscriber consents to the jurisdiction of FederalDistrict Court for the judicial district in which the address is located, or ifthe subscriber's address is outside of the United States, for any judicialdistrict in which Fuzz may be found, and that the subscriber will accept

service of process from the person who provided notification underSection 17.3 above or an agent of such person.

A party submitting a Counter Notification should consult a lawyer or see17 U.S.C. 512 to confirm the party's obligations to provide a validcounter notification under the Copyright Act.

17.6 False Notifications of Claimed Infringement or CounterNotifications. The Copyright Act provides that:

[a]ny person who knowingly materially misrepresents under [Section

512 of the Copyright Act (17 U.S.C. 512)] (1) that material or activityis infringing, or (2) that material or activity was removed or disabled bymistake or misidentification, shall be liable for any damages, includingcosts and attorneys' fees, incurred by the alleged infringer, by anycopyright owner or copyright owner's authorized licensee, or by aservice provider, who is injured by such misrepresentation, as the resultof [Fuzz] relying upon such misrepresentation in removing or disablingaccess to the material or activity claimed to be infringing, or in replacing

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the removed material or ceasing to disable access to it.

17 U.S.C. 512(f).

Fuzz reserves the right to seek damages from any party that submits a

notification of claimed infringement or counter notification in violation ofthe law.

For the avoidance of doubt, only notices submitted under the DigitalMillennium Copyright Act and the procedures set forth in this Section 17should be sent to the Designated Agent at copyright@fuzz.com or to thepostal address identified above. Any other comments, compliments,complaints or suggestions about Fuzz, the operation of the Services orany other matter should be sent to info@fuzz.com.

18. PRIVACY

Use of the Services are governed by Fuzz's Privacy Policy, which policy ishereby incorporated into these Terms by reference.

19. JURISDICTIONAL ISSUES

The Site and the Services are controlled and operated by Fuzz from itsoffices within the States of California. Fuzz makes no representationthat materials on the Services are appropriate or available for use in

other locations. Those who choose to access or use the Services fromother locations, including from outside the United States of America, doso on their own initiative and are responsible for compliance with locallaws, if and to the extent local laws are applicable. Access to theServices from jurisdictions where the contents or practices of theServices are illegal, unauthorized or penalized is strictly prohibited.

20. DISPUTE RESOLUTION

20.1 Mandatory Arbitration. Please read this carefully. It affects your

rights. YOU AND FUZZ AND EACH OF OUR RESPECTIVE SUBSIDIARIES,AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, ANDPERMITTED ASSIGNS AGREE TO ARBITRATION (EXCEPT FOR MATTERSTHAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVEFORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FORALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THESETERMS OR YOUR USE OF THE SERVICES. Arbitration is more informalthan a lawsuit in court. Arbitration uses a neutral arbitrator instead of a

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ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER,YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATEPROCEEDINGS OF MORE THAN ONE PERSON'S CLAIMS, AND MAY NOTOTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASSPROCEEDING, AND THAT IF THIS SPECIFIC PROVISO IS FOUND TO BE

UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORYARBITRATION SECTION SHALL BE NULL AND VOID.

(d) Decision of the Arbitrator. Barring extraordinary circumstances,the arbitrator shall issue his or her decision within 120 days from thedate the arbitrator is appointed. The arbitrator may extend this timelimit for an additional 30 days in the interests of justice. All arbitrationproceedings shall be closed to the public and confidential and all recordsrelating thereto shall be permanently sealed, except as necessary toobtain court confirmation of the arbitration award. The award of thearbitrator shall be in writing and shall include a statement setting forth

the reasons for the disposition of any claim. The arbitrator shall applythe laws of the State of California in conducting the arbitration. Youacknowledge that these terms and your use of the Services evidences atransaction involving interstate commerce. The United States FederalArbitration Act shall govern the interpretation, enforcement, andproceedings pursuant to the Mandatory Arbitration clause in theseTerms.

20.2 These Terms and your use of the Service shall be governed by thesubstantive laws of the State of California without reference to its choiceor conflicts of law principles. Only if the Mandatory Arbitration clause is

deemed to be null and void, then all disputes arising between you andFuzz under these Terms shall be subject to the exclusive jurisdiction ofthe state and federal courts located in the San Francisco, California, andyou and Fuzz hereby submit to the personal jurisdiction and venue ofthese courts.

20.3 Equitable Relief. The foregoing provisions of this DisputeResolution section do not apply to any claim in which Fuzz seeksequitable relief of any kind. You acknowledge that, in the event of abreach of these Terms by Fuzz or any third party, the damage or harm,if any, caused to you will not entitle you to seek injunctive or other

equitable relief against Fuzz, including with respect to any User Content,and your only remedy shall be for monetary damages, subject to thelimitations of liability set forth in these Terms.

20.4 Claims. You and Fuzz agree that, notwithstanding any other rightsthe party may have under law or equity, any cause of action arising outof or related to these Terms or the Services, excluding a claim forindemnification, must commence within one year after the cause of

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action accrues. Otherwise, such cause of action is permanently barred.

20.5 Improperly Filed Claims. All claims you bring against Fuzz must beresolved in accordance with this Dispute Resolution section. All claimsfiled or brought contrary to this Dispute Resolution section shall be

considered improperly filed. Should you file a claim contrary to thisDispute Resolution section, Fuzz may recover attorneys' fees and costsup to $5,000, provided that Fuzz has notified you in writing of theimproperly filed claim, and you have failed to promptly withdraw theclaim.

21. MISCELLANEOUS

21.1 Waiver. A provision of these Terms may be waived only by awritten instrument executed by the party entitled to the benefit of such

provision. The failure of Fuzz to exercise or enforce any right orprovision of these Terms will not constitute a waiver of such right orprovision

21.2 Severability. If any provision of these Terms shall be unlawful,void, or for any reason unenforceable, then that provision shall bedeemed severable from these Terms and shall not affect the validity andenforceability of any remaining provisions.

21.3 Assignment. These Terms, and any rights and licenses grantedhereunder, may not be transferred or assigned by you, but may be

assigned by Fuzz without restriction. Any assignment attempted to bemade by you in violation of these Terms shall be void. These Terms willbe binding upon and inure to the benefit of the parties hereto, andpermitted successors and assigns.

21.4 No Agency. You agree that no joint venture, partnership,employment, or agency relationship exists between you and Fuzz as aresult of these Terms or use of the Services. You further acknowledgethat by submitting User Content, no confidential, fiduciary, contractuallyimplied or other relationship is created between you and Fuzz other thanpursuant to these Terms.

21.5 Survival. The provisions of these Terms that are intended tosurvive the termination of these Terms by their nature will survive thetermination of these Terms, including, but not limited to, Sections 4(Service Security), 5 (Materials Submitted to the Service; License Grantfrom You to Fuzz), 7.4 (License Grant for Chat Room Postings), 8 (OtherProhibited Activities), 9 (Disclaimer of User Content), 10 (IntellectualProperty Rights), 11 (Links to Third-Party Sites), 12 (Indemnity), 13

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(Disclaimers), 14 (Limitation of Liability), 15 (Limitations; Basis of theBargain), 18 (Privacy), 20 (Dispute Resolution), and 21 (Miscellaneous).

21.6 Headings. The heading references herein are for conveniencepurposes only, do not constitute a part of these Terms, and shall not be

deemed to limit or affect any of the provisions hereof.

21.7 Entire Agreement. This is the entire agreement between you andFuzz relating to the subject matter herein and supersedes all previouscommunications, representations, understandings and agreements,either oral or written, between the parties with respect to said subjectmatter. These Terms shall not be modified except in a writing, signedby both parties, or by a change to these Terms made by Fuzz asauthorized in these Terms.

21.8 Disclosures. The services hereunder are offered by Feed Media

Inc., located at Mission Tower Two, 3979 Freedom Circle, Suite 610,Santa Clara 95054. You may contact us by sending correspondence tothe foregoing address or by e-mailing us at info@fuzz.com. If you are aCalifornia resident, you may have these Terms mailed to youelectronically by sending a letter to the foregoing address with yourelectronic mail address and a request for these Terms.

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FUZZ.COM PRIVACY POLICYLast Updated: January 13, 2012

This privacy policy (this Policy) describes the collection of personalinformation by Feed Media Inc., a Delaware corporation (Fuzz, we, orus) from users of our Web site at www.fuzz.com (the Website), aswell as all related applications, widgets, software, tools, and otherservices provided by us and on which a link to this Policy is displayed(collectively, together with the Website, our Services). This Policy alsodescribes our use and disclosure of such information. By using ourServices, you consent to the collection, use, and disclosure of personalinformation in accordance with this Policy. This Policy is incorporated byreference into the Fuzz Terms of Use and subject to the provisions of theTerms of Use.

1. Personal Information

"Personal Information," as used in this Policy, is information thatspecifically identifies an individual, such as an individual's name,address, telephone number, or e-mail address. Personal Informationalso includes information about an individual's activities, such asinformation about his or her activity on our Services, and demographicinformation, such as date of birth, gender, geographic area, andpreferences, when any of this information is linked to Personal

Information that identifies that individual.

Personal Information does not include "aggregate" or other non-personally identifiable information. Aggregate information is informationthat we collect about a group or category of products, services, or usersthat is not personally identifiable or from which individual identities areremoved. We may use and disclose aggregate information, and othernon-personally identifiable information, for various purposes.

2. Collection of Information

A. Collection of Voluntarily-Provided Information

We collect Personal Information that our users provide to us in a varietyof ways on our Services. These include the following:

E-mail Newsletters. We may offer e-mail newsletters from time to

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time on our Services. If you sign up to receive a newsletter from us, wecollect your e-mail address.

User Accounts and Profiles. Our Services may give you the abilityto register for a Fuzz account or to create and update a user profile on

the applicable Service. If we offer user account or profile functionalityon the Services, we will collect the Personal Information that you provideto us in the course of registering for an account or creating or updatinga user profile. This information may include, for example, name, postaladdress, telephone number, e-mail address, and related demographicinformation about you. We may indicate that some personal informationis required for you to register for the account or to create the profile,while some is optional.

Interactive Features. Our Services may contain interactivefunctionality that allows you to engage with other users on the Services,

post comments to Chat Rooms, to upload photographs and othercontent (the "User Materials"), participate in surveys, and otherwise tointeract with the Services and with other users. If you use anyinteractive functionality on our Services that request or permit you toprovide us with personal information (including, for example, anyservices that allow you to post User Materials on any of our Services),we collect the Personal Information that you provide to us in the courseof using these interactive features.

Correspondence. If you contact us by e-mail, using a contact formon the Services, or by mail, fax, or other means, we collect the Personal

Information contained within, and associated with, your correspondence.

Contests and Sweepstakes. We or our advertisers and otherbusiness partners may conduct or sponsor special contests,sweepstakes, and other promotions that users may enter or otherwiseparticipate in on our Services. Certain of these promotions may be co-branded with one of our advertisers or other business partners. In theseinstances, the collection of your Personal Information may occur directlyby the third-party partner on its website or other online service and maybe shared with us. The promotion will state the privacy policy or policiesgoverning the collection of such personal information.

B. Passive Information Collection

When you visit our Services, some information is collectedautomatically. For example, when you access our Services, weautomatically collect your browser's Internet Protocol ("IP") address,your browser type, the nature of the device from which you are visitingthe Services (e.g., a personal computer or a mobile device), the

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identifier for any handheld or mobile device that you may be using, theWeb site that you visited immediately prior to accessing any Web-basedServices, the actions you take on our Services, and the content,features, and activities that you access and participate in on ourServices (e.g., the music you may listen to and/or rate, and the

comments you may post in Chat Rooms). We also may collectinformation regarding your interaction with e-mail messages, such aswhether you opened, clicked on, or forwarded a message.

We may collect this information passively using technologies such asstandard server logs, cookies, and clear GIFs (also known as Webbeacons). We may use passively collected information to administer,operate, and improve the Website and our other services and systems,to improve the effectiveness of advertising on our Services, and toprovide advertisements and other content that is tailored to you. If welink or associate any information gathered through passive means with

Personal Information, or if applicable laws require us to treat anyinformation gathered through passive means as Personal Information,we treat the combined information as Personal Information under thisPolicy. Otherwise, we use and disclose information collected by passivemeans in aggregate form or otherwise in a non-personally identifiableform.

Also, please be aware that third parties, including companies that mightdisplay advertisements on the Services or Third-Party Sites that may belinked to from the Services, may set cookies on your hard drive or useother means of passively collecting information about your use of their

services, Third-Party Sites or content. We do not have access to, orcontrol over, these third-party means of passive data collection.

C. Information from Other Sources

We may receive information about you, including Personal Information,from third parties, and may combine this information with other PersonalInformation we maintain about you. If we do so, this Policy governs anycombined information that we maintain in personally identifiable format.

3. Use of Personal Information

We use Personal Information to provide services and information thatyou request; to enhance, improve, operate, and maintain our Services,our programs, services, Web sites, and other systems; to preventfraudulent use of our Services and other systems; to prevent or takeaction against activities that are, or may be, in violation of our Terms ofUse or applicable law; to tailor advertisements, content, and other

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aspects of your experience on and in connection with the Services; tomaintain a record of our dealings with you; for other administrativepurposes; and for any other purposes that we may disclose to you at thepoint at which we request your Personal Information, and pursuant toyour consent.

We may also use Personal Information you provide to contact youregarding products, services, and offers, both from ourselves and fromthird parties, that we believe you may find of interest. We allow you toopt-out from receiving marketing communications from us as describedin the Choice section below.

If you have connected your account on the Services with an account ona Third Party Site such as Facebook, we may use your PersonalInformation to inform a friend on the Third Party Site of your activities onthe Services and provide them with any recommendations or feedback

you provide on the music you listen to on the Services.

4. Disclosure of Personal Information

Except as described in this Policy, we will not disclose your PersonalInformation that we collect on the Services to third parties without yourconsent. We may disclose information to third parties if you consent tous doing so, as well as in the following circumstances:

A. Service Providers

We may disclose Personal Information to third-party service providers(e.g., payment processing and data storage and processing facilities)that assist us in our work. We limit the Personal Information provided tothese service providers to that which is reasonably necessary for themto perform their functions, and we require them to agree to maintain theconfidentiality of such Personal Information.

B. Third Party Sites

If you have connected your account on the Website with an account on a

Third Party Site such as Facebook, we may disclose your PersonalInformation and information about your use of the Services to such ThirdParty Site. You can disable the disclosure of your Personal Informationto a Third Party Site by disabling the connection between your accounton the Website and your account on the Third Party Site. You cancontrol the sharing of your information with Third Party Sites here.

C. Public Areas and Syndicated Services

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Some features on our Services may allow you to upload, post, orotherwise transmit User Materials to public areas of the Services, suchas content that you post in a public profile on the Services, or commentsthat you post in a Chat Room. We may make these User Materials

available for display upon Fuzz properties that are not governed by thisPolicy, as well as to services operated by third parties that displaycontent from the Website (collectively, Syndicated Services). Pleasebe aware that any Personal Information that you include within any UserMaterials will be made available to other users of the Services, and tousers of Syndicated Services, who view it. You include PersonalInformation in User Materials at your sole risk. We may allow you toselect privacy options that limit access to some types of PersonalInformation in User Materials, but no security measures areimpenetrable or perfect. Additionally, even after information posted onthe Website is removed, caching and archiving services may have saved

that information, and other users or third parties may have copied orstored the information available on the Services. We cannot warrant orguarantee that any Personal Information that you provide on and inconnection with the Services will not be accessed, viewed, or used byunauthorized persons. [COVER DEDICATION FEATURE, FACT THAT USERSWILL SEE USERNAME AND CAN SEND YOU DEDICATIONS]

D. Business Transfers

Information about our users, including Personal Information, may bedisclosed and otherwise transferred to an acquirer, or successor or

assignee as part of any merger, acquisition, debt financing, sale ofcompany assets, or similar transaction, as well as in the event of aninsolvency, bankruptcy, or receivership in which Personal Information istransferred to one or more third parties as one of our business assets.

E. To Protect our Interests

We also disclose Personal Information if we believe that doing so islegally required, or is in our interest to protect our property or otherlegal rights (including, but not limited to, enforcement of ouragreements), or the rights or property of others, or otherwise to help

protect the safety or security of our Services and other users of theServices.

5. Third-Party Connected Services

We may permit users with accounts on certain Third-Party Sites(including social networking, search, sharing, and other services

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delivered by third parties (e.g., Facebook)) to bypass standardregistration processes on our Services. If you connect to our Servicesthrough an authorized Third-Party Site, you may be able to use yourthird-party login information to log into our Services, and you may beable to publish your comments and any other activity, including the

music you listen to and like on our Services to the Third-Party Site (e.g.,Facebook). We are not responsible for the sharing, posting,commenting, or other content and information-gathering practices onany Third-Party Sites. Please review the Third-Party Sites terms of useand privacy policies carefully before using their services and connectingto our Services. For example, if you register for our Services throughFacebook, your account will automatically be connected to Facebookand your activity on the Services will be shared with Facebook.

By using any Third-Party Sites to log in to our Services, or otherwiseconnecting to any Third-Party Sites, you also permit us to access and

use all information related to your account on the Third-Party Site thatmay be accessible to us through the Third-Party Site pursuant to thisPolicy, including your basic information such as name, profile picture,gender, networks, user ID, list of friends, and any other informationyouve made public on the Third Party Site. We may use thisinformation to send you emails for registration purposes, invitations forgoods or services, or events. We may also access any data you havechosen to make available through a Third Party Site even when you arenot using such Third Party Service, including to update your basicinformation, your friends, your chat status (if any), and any informationabout your friends on a Third Party Site. To limit or control the

information that is available to us through such Third-Party Site, or todisconnect the Third-Party Site from our Services, you should check(and, if applicable, modify) the applicable settings on the Third-PartySite.

6. Choice

If you receive commercial e-mail from us, you may unsubscribe at anytime by following the instructions contained within the e-mail. You mayalso opt-out from receiving commercial e-mail from us, and any otherpromotional communications that we may send to you from time to time

(e.g., by postal mail) by sending your request to us by e-mail atprivacy@fuzz.com or by writing to us at the address given at the end ofthis policy. Additionally, if we offer user account functionality on theServices, we may allow you to view and modify settings relating to thenature and frequency of promotional communications that you receivefrom us.

Please be aware that if you opt-out of receiving commercial e-mail from

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us, it may take up to ten business days for us to process your opt-outrequest, and you may receive commercial e-mail from us during thatperiod. Additionally, even after you opt-out from receiving commercialmessages from us, you will continue to receive administrative messagesfrom us regarding our Services.

7. Access

If we offer the ability to create user accounts or profiles on our Services,you may have the ability to access and update many categories ofpersonal information that you provide to us by logging in to youraccount and accessing your account settings. If you wish to access oramend any other personal information we hold about you, you maycontact us at privacy@fuzz.com.

If you request that we delete your account on any of our Services (via auser settings page, by e-mail, or otherwise), we will do so within areasonable period of time, but we may need to retain some of yourPersonal Information in order to satisfy our legal obligations, or wherewe reasonably believe that we have a legitimate reason to do so.

8. Links

The Services may contain links to other Web sites, products, or servicesthat we do not own or operate. For example, the Services may contain

links to third-party merchants from which users may purchase soundrecordings that are streamed through the Services. The Services alsomay contain links to Third-Party Sites such as social networking services.If you choose to visit or use any Third-Party Sites or products or servicesavailable on or through such Third-Party Sites, please be aware that thisPolicy will not apply to your activities or any information you disclosewhile using those Third-Party Sites or any products or services availableon or through such Third-Party Sites. We are not responsible for theprivacy practices of these Third-Party Sites or any products or serviceson or through them. Additionally, please be aware that the Servicesmay contain links to Web sites and services that we operate but that are

governed by different privacy policies. We encourage you to carefullyreview the privacy policies applicable to any Web site or service youvisit other than the Services before providing any Personal Informationon them.

9. International Visitors

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Our Services are hosted in the United States and generally are intendedfor United States visitors. If you visit from the European Union or otherregions with laws governing data collection and use that may differ fromUnited States law, please be aware that you are transferring PersonalInformation to the United States. The United States does not have the

same data protection laws as the European Union and otherjurisdictions. By providing Personal Information to us, you consent tothe transfer of it to the United States and the use of it in accordancewith this Policy and applicable law.

10. Security

We use reasonable security measures that are designed to protectpersonal information from accidental loss, disclosure, misuse, anddestruction. Please be aware, however, that no data security measures

can be guaranteed to be completely effective and, in fact, some of themost secure computer systems of the United States government havebeen accessed by unauthorized parties. Consequently, we cannotensure or warrant the security of any information that you provide to us.You transmit information to us at your own risk.

11. Updates to this Policy

We may occasionally update this Policy. When we do, we will also revisethe last updated date at the beginning of the Policy. Your continued

use of our Services after such changes will be subject to the then-current policy. If we change this Policy in a manner that is materiallyless restrictive of our use or disclosure of your Personal Information, wewill use reasonable efforts to notify you of the change and to obtain yourconsent prior to applying the change to any Personal Information thatwe collected from you prior to the date the change becomes effective.We encourage you to periodically review this Policy to stay informedabout how we collect, use, and disclose personal information.

12. Contacting Us

If you have any questions or comments about this Policy, please contactus using the following contact information:

Feed Media Inc.Mission Tower Two3979 Freedom Circle, Suite 610Santa Clara, CA 95054

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Attn: Privacy Policy

or

privacy@fuzz.com