PRIVACY POLICY AND YOUR CALIFORNIA PRIVACY RIGHTS

Last Modified: October 27, 2009

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PRIVACY POLICY AND YOUR CALIFORNIA PRIVACY RIGHTS

This is the privacy policy (“Privacy Policy”) for Atom.com (“Atom,” "Site," "we," "us," or "our"), an Internet website offered in cooperation with and provided by MTV Networks (“MTVN”), a division of Viacom International Inc. (together, MTVN and Viacom International Inc., the “Parent Companies”).

This Privacy Policy is intended to explain our privacy practices and covers the following areas:

1. When This Privacy Policy Applies.
2. U.S. Governing Law.
3. Collection and Use of Personal Information and Other Information.
4. Opting-out of Certain Uses of your Personal Information and Other Information.
5. Sharing and Disclosure of Personal Information and Other Information.
6. Reviewing, Updating or Deleting Certain Information.
7. Protection of Information.
8. Your California Privacy Rights.
9. Changes to this Privacy Policy and Notice.
10. Miscellaneous.

1. When This Privacy Policy Applies.

This Privacy Policy applies whether you are accessing the Site via a personal computer, a mobile device or any other technology or devices now known or hereafter developed or discovered (each, a “Device”) and whether you are accessing the Site as a registered user (if offered by the Site) or other user of the Site. This Privacy Policy governs only the Personal Information and Other Information (as those terms are defined below) collected by the Site and does not cover any such information collected in any other manner or by any other website offered by the Parent Companies and/or any subsidiaries and affiliates of the Parent Companies (collectively, “Affiliates”) or collected by any other company, unless specifically stated. We may from time to time, combine Information (as that term is defined below) with other information we collect from other sources, such as information received from our Parent Companies, Affiliates, marketing companies or Advertisers and, if we do so, our use of the resulting combined Information will be subject to this Privacy Policy.

This Privacy Policy will remain in full force and effect, even if your use of or participation in the Site or any particular service, feature, function or promotional activity offered through the Site terminates, expires, ceases, is suspended or deactivated for any reason. If you do not agree with this Privacy Policy, please do not participate in the Site or any features, activities or services offered through the Site.

2.U.S. Governing Law.

The 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 regulations of, or governed by, other nations. By participating in our Site activities, you certify that you meet the age and other eligibility requirements for this Site as set forth in our Terms of Use Agreement. If you are do not meet the age and other eligibility requirements, please discontinue using the Site immediately as your continued use of the Site indicates that you are agreeing to the collection, use, disclosure, management and storage of your Information as described in this Privacy Policy.

If you are located in the European Union or elsewhere outside of the U.S., you do so at your own risk and initiative and you, not us, are responsible for compliance with any applicable local and national laws. By using this Site, participating in any Site activities, and/or providing us with your Personal Information and Other Information, you (i) consent to the transfers and processing of any Information you provide to the Site and to Flux, (ii) acknowledge that U.S. law provides a lower standard of protection for personal data than the laws of various countries including, but not limited to, the European Union and (iii) understand that this Site and Flux will deal with your Information in accordance with its Privacy Policy and U.S. law. Consequently, you hereby waive any claims that may arise under the laws and regulations that apply to you in or of any other country or jurisdiction.

3.Collection and Use of Personal Information and Other Information.

When we use the term "Personal Information" we mean information that would allow someone to identify you or contact you, such as your full name, postal address, e-mail address or telephone number. When we use the term “Other Information”, we mean any information other than Personal Information collected by the Site (Personal Information and Other Information, together, the “Information”).

a. Information We Collect that You Provide Us.

i. User Registration. To the extent we offer user registration on the Site, to register as a member of the Site, you are required to select a user name and password (together, your “User ID”) and may be required to also provide other Information, such as your email address and date of birth. Additional Information may be requested during the registration process (but not required).

ii. In Connection with Certain Features and Functions. We may also provide you with access to certain features or functions that we may offer on the Site, such as the option to subscribe to a selection of free email newsletters and other periodic information, chat rooms, message boards, electronic mail services, messaging services, auctions, shopping, registration and member profile pages. To sign up for or participate in these features or functions, you may be required to provide us with certain Information about you in order for us to personalize and/or allow you to use such features and functions. For example, to sign up to receive email newsletters, you may be required to provide your email address, date of birth and zip code separate from any user registration. Further, for example, to the extent we offer such services, if you order any of our various Products (as defined in the Terms of Use Agreement), in addition to your name and contact information, we will also collect and may 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 website which may have referred or directed you to the Site (e.g., the referring URL). Your credit card or debit card number is collected via a secure transmission.

iii. In Connection with Promotions such as Contests and Sweepstakes. There may be a separate registration process to enter Promotions such as contests and sweepstakes which may require the submission of all or some of the following: your first and last name, street address, city, state and zip code, email address, telephone number and date of birth. Additional Information may be requested depending on the specific Promotion, but submission of such Information may be optional. The Promotion's entry page and/or Rules will provide the specific requirements. You may also have the opportunity to opt-in to receive special Promotions or offers from our third party advertisers, sponsors or promotional partners (“Advertisers”) as a result of your use of the Site in connection with many of these types of Promotions.

b. Information Collected Through Use of Cookies and Other Tracking Technologies.

The Site and/or third parties may use “cookies”, “web beacons” (also known as image tags, GIF or web bugs), “embedded scripts” and other similar tracking technologies (collectively, “Tracking Technologies”) to collect Other Information automatically as you browse the Site and the web.

We use Tracking Technologies to collect “click stream” data and Other Information regarding your visits to the Site, such as your visits to the Site's webpages, use of our features, and purchasing history or preferences and may also collect your IP address or some other identifier unique to the Device you use to access the Site (“Identifier”). Your Identifier is automatically assigned to the Device you use to access the Site. Your Personal Information is not collected as part of this process. By visiting the Site, whether as a registered user or otherwise, you acknowledge, understand and hereby agree that you are giving us your consent to track your activities and your use of the Site.

This Site may additionally use a variety of third party advertising networks, data exchanges, traffic measurement service providers, marketing analytics service providers and other third parties (collectively, “Third Party Advertising Service Providers”) to, for example, serve advertisements on the Site, facilitate targeting of advertisements and/or measure and analyze advertising effectiveness and/or traffic on the Site (“Targeting Services”). These Third Party Advertising Service Providers may enable us to display advertisements based on your visits to the Site and other websites you have visited. Targeting Services enable us to, among other things, help deliver advertisements or other content to you for products and services that you might be interested in, to prevent you from seeing the same advertisements too many times and to conduct research regarding the usefulness of certain advertisements to you.

Although these Third Party Advertising Service Providers do not have access to Tracking Technologies set by the Site, the Third Party Advertising Service Providers, as well as Advertisers, may themselves set and access their own Tracking Technologies on your Device if you choose to have Tracking Technologies enabled in your browser and/or they may otherwise have access to Other Information about you.

c.Use of Information.

As set forth in this Privacy Policy, we may share Information with our Parent Companies and Affiliates.

i.Personal Information. We, and/or our Parent Companies and Affiliates, use the Personal Information we collect from you in a variety of ways, including:

• Processing your registration with the Site, such as verifying that your e-mail address is active and valid;
• Contacting you regarding the administration of your account, any services, features or functions you have enrolled in or registered to use, any Promotions you have participated in or have entered, any goods and/or services or Products you have ordered or any other transactions you have undertaken with the Site;
• Allowing you to participate in the public areas and/or other features of the Site;
• Responding to your questions or other requests;
• Contacting you regarding your use of the Site, for informational purposes related to the Site or, in our discretion, regarding changes to the Site's policies;
• Improving the Site or our services and for internal business purposes;
• Tailoring your experience on the Site and/or otherwise customizing what you see when you visit the Site;
• Saving your User ID or other Personal Information, so you don't have to re-enter it each time you visit the Site;
• Otherwise to maintain and administer the Site and
• For other purposes disclosed at the time you provide the Personal Information.

ii.Other Information Collected by Us. We, and/or our Parent Companies and Affiliates, use the Other Information we collect from you in a variety of ways, including:

• Keeping count of your return visits to the Site or our Parent Companies', Affiliates', Advertisers' or partners' sites;
• Accumulating and reporting aggregate, statistical information in connection with the Site and user activity;
• Determining which features, webpages, products and services users like best to, among other things, help us operate the Site, enhance and improve our services and the Site and display advertising and marketing information;
• Preparing statistics reports;
• Allowing you to participate in the public areas and/or other features of the Site;
• Improving the Site or our services and for internal business purposes;
• Tailoring your experience on the Site and/or otherwise customizing what you see when you visit the Site;
• Saving certain Other Information for use on your return visits to the Site;
• Otherwise to maintain and administer the Site
• For the uses described for “Personal Information” above and
• For other purposes disclosed at the time you provide the Other Information.

iii.Other Information Collected by Third Party Advertising Service Providers and Advertisers. The use of Tracking Technologies by Third Party Advertising Service Providers and Advertisers is within their control and not ours. Even if we have a relationship with the Third Party Advertising Service Provider or Advertiser, we do not control their websites or their policies and practices regarding your Information. This Privacy Policy does not cover any use of Information that a Third Party Advertising Service Provider or Advertiser may directly collect from you. Use of Third Party Advertising Service Providers' and Advertisers' Tracking Technologies is governed by the Third Party Advertising Service Providers' or Advertisers', as applicable, own specific privacy policies and not this Privacy Policy. However, please see “Opting-Out of Certain Uses of Your Personal Information and Other Information” Section for more information on how to opt-out of the collection and/or use of Information collected by certain Third Party Advertising Service Providers.

4.Opting-Out of Certain Uses of Your Personal Information and Other Information.

a.Opting-Out of Certain Uses of Personal Information.

i.In Connection with Marketing and Promotional Email and Offers. You may "opt-out" of receiving marketing and promotional e-mails from us at any time by using the opt-out mechanism that is contained in each such email.

ii.In Connection with Wireless Marketing Services. See “Termination of Wireless Services by Users” under the “Wireless Marketing Services and Associated Promotional Opportunities” Section for more information on how you may unsubscribe from receiving text messages.

iii.Certain Continuing Rights Regardless of Opt-Outs. However, even if you exercise your opt-out rights above, we, or our Parent Companies or Affiliates, may continue to contact you for the other purposes described in the “Use of Information” Section above, such as for maintenance and administrative purposes.

b.Opting-Out of Use of Certain Other Information Collected by Tracking Technologies.

With respect to the Tracking Technologies set by Third Party Advertising Service Providers and Advertisers, you have a number of options:

• With respect to the serving of ads by DoubleClick to you, please visit http://www.doubleclick.com/us/about_doubleclick/privacy for your options and for further information on renewing your opt-outs or opting-out again if you subsequently delete the Tracking Technologies.
• To opt-out of Tracking Technologies set by certain Third Party Advertising Service Providers used by the Site in addition to DoubleClick, please visit http://www.networkadvertising.org/managing/opt_out.asp for your options and for further information on renewing your opt-outs or opting-out again if you subsequently delete the Tracking Technologies.
• You can choose to delete the Tracking Technologies through the “Internet Options” sub-option of the “Tools” menu option of your browser or otherwise as directed by your browser's support feature.
• You can choose to disable or turn Tracking Technologies off. Additional information on disabling or turning Tracking Technologies off may be available through your browser's support feature.

Opting-out of, deleting or disabling Third Party Advertising Service Providers' Tracking Technologies does not mean that you will no longer receive online ads. Opting-out of, deleting or disabling Third Party Advertising Service Providers' Tracking Technologies only means that such ads will no longer be tailored to your specific viewing habits or interests, but you will continue to see ads on this Site.

With respect to the Tracking Technologies set by the Site, you have a number of options:

• You can choose to delete the Tracking Technologies through the “Internet Options” sub-option of the “Tools” menu option of your browser or otherwise as directed by your browser's support feature.
• You can choose to disable or turn Tracking Technologies off. Additional information on disabling or turning Tracking Technologies off may be available through your browser's support feature.
• You can choose to have the Device you use to access the Site warn you each time a cookie, image tag or other Tracking Technology is being sent, or you can choose to turn off such warnings. This is done through your browser on the Device you use to access the Site. Additional information on warnings and removal of warnings may be available through your browser's support feature.

Some Device manufacturers may preset their browsers to block Tracking Technologies from websites other than those you visit directly and, if so, certain services or advertisements may not work for such Devices. Further, if you delete or disable Tracking Technologies, you may not have access to certain features of the Site and some of our other services may not function properly.

5. Sharing and Disclosure of Personal Information and Other Information.

a.Sharing and Disclosure of Personal Information.

Generally, we do not sell, rent, lease or disclose your Personal Information to third parties, except if you consent to such disclosure or as described in this Privacy Policy.

i.Disclosure to Parent Companies and Affiliates. We may disclose Personal Information to Parent Companies and Affiliates for marketing and/or administrative purposes. You can choose to opt-out of certain such uses as described in the “Opting-Out of Certain Uses of Personal Information” Section above.

ii.Disclosure of Certain Information in Postings Intended to Be Disclosed. Certain Personal Information associated with a Posting may be intended for disclosure (“Posting Information”), such as username. We will disclose Posting Information in connection with the display of, and other services relating to, such Posting. If you are a registered user of the Site, you may determine what additional information in your profile is available for viewing by others by logging into the Site and y clicking “Profile” or your display name at the top of the Site, selecting “Edit Profile” or “Manage Account” and selecting the “Privacy” tab.

iii. Disclosure In Connection with Co-Branded Services and Features. The Site may also offer co-branded services and features, such as events and Promotions that we put together with another company or our Parent Companies or Affiliates ("Co-Branded Partner") and that may be hosted on the Site and/or our Co-Branded Partner's website. We may share your Personal Information with our Co-Branded Partner and your voluntary use of or participation in a co-branded service or feature means that you opt-in and give your affirmative consent to both the Site and our Co-Branded Partner to collect the Information provided in connection with the specific co-branded feature or service and to use such Information for the fulfillment of the feature or service and for marketing or administrative purposes. The Co-Branded Partner will be identified on the co-branded feature or service, along with the Co-Branded partner's privacy policy. If you wish to opt-out of a Co-Branded Partner's future use of your Personal Information for marketing purposes, you will need to contact the Co-Branded Partner directly and the use of such information by Co-Branded Partner is subject to Co-Branded Partner's privacy policy.

iv. Disclosure to Operational Service Providers. We also have the right to disclose your Personal Information and Other Information to third parties for the purpose of administering and maintaining the Site's services, features, functions and operations. We will refer to these third parties as “operational service providers”. We use operational service providers to efficiently provide the full range of content, activities, services, features and functions we bring you and we disclose your Information to operational service providers for the purpose of providing services to us.

v. Disclosure to Certain Other Third Parties. In addition to the above, we will make your Personal Information and Other Information available to certain third parties in the following limited circumstances:

• 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) or if requested by a governmental agency or other authority as part of an investigation;
• If we believe your actions violate any law, rule, regulation and/or the Terms of Use Agreement, including, without limitation, this Privacy Policy, Rules or Additional Terms;
• In connection with Promotions, as necessary to administer the Promotion or as required by applicable laws, rules or regulations (for example, to provide winners' lists or make required filings as appropriate);
• If you opt-in or otherwise agree to have your Personal Information shared with a third party for marketing purposes, in which case the third party's use of your Information is subject to the third party's own privacy policy;
• 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 or the rights, property or safety of the Site, the Atom Channel, the Parent Companies, the Affiliates, or any of its or their operational service providers, licensors, suppliers, Advertisers, customers, users, or any other party; to limit our legal liability; to defend our interests; to enforce this Privacy Policy or the Terms of Use Agreement and/or to comply with our legal and regulatory obligations or requests by law enforcement agencies or governmental authorities and/or
• In the event of a bankruptcy, merger, acquisition, sale, transfer of control, joint venture or other business combination involving us, or our Parent Companies or Affiliates.

b.Sharing and Disclosure of Other Information. We may share Other Information with third parties, but we do not disclose Personal Information to them except as described in this Privacy Policy.

6.Reviewing, Updating or Deleting Certain Information.

Generally, you may review, update or delete certain Information collected by the Site by, if you are a registered user of the Site, clicking “Profile” or your display name at the top of the Site and then selecting “Edit Profile”. However, Personal Information that is necessary to check eligibility, such as date of birth or age, cannot be deleted, but may be modified with sufficient verification of the correct information. We will allow you to change the password portion of your User ID, as well as certain other Information you have given us in order to keep your information current, but once you select a user name you will not be able to change that user name provided to us during registration and which is associated with your User ID. You may also change your privacy settings options if you are a registered user of the Site and logged into the Site, by clicking “Profile” or your display name at the top of the Site, selecting “Edit Profile” or “Manage Account” and selecting the “Privacy” tab.

Certain Information collected for certain entries into Promotions are subject to corporate and regulatory recordkeeping requirements and will not be deleted upon the user's request, unless the entrant is a child under the age of 13 years old.

If the burden or expense of providing access to your 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 contact information for further inquiries.

Children or Ineligible Teenagers. If we, or our Parent Companies or Affiliates, inadvertently send an email or text message to a person that does not meet the age and other eligibility requirements of the Site, such as a child (a person under the age of 18) or others who do not meet the greater age requirements of certain features of this Site (“Ineligible Teenagers”), the child (or Ineligible Teenager) or the child's (or Ineligible Teenager's) parent or legal guardian (the “Parent”) always has the right to unsubscribe (opt-out) from receiving future emails or text messages via the unsubscribe mechanism contained in the email or message. The same unsubscribe process is available to a parent or legal guardian of a minor (a person under the age of 18, or the age of majority in your state).

In addition, Parents of children or Ineligible Teenagers who wish to terminate their child's or Ineligible Teenager's membership may send an email to the Site's Privacy Administrator and provide us with your child's or Ineligible Teenager's User ID and request to terminate your child's or Ineligible Teenager's account and registration. We will not allow direct access to a user's account and Personal Information by any person without the user's User ID. If a Parent does not have his or her child's or Ineligible Teenager's User ID, 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 or Ineligible Teenager's name and email address as registered on the Site, plus the child's or Ineligible Teenager's date of birth. The Parent must also provide verifiable identification that they are the parent or legal guardian of the child or Ineligible Teenager. Atom 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 or Ineligible Teenager's account and registration. The Parent must then confirm by sending a reply email to the designated return address. Atom will then terminate the child's or Ineligible Teenager's account but will notify the child or Ineligible Teenager of the termination request via email and will identify the name, address and email address of the person making the request.

7.Protection of Information.

While no data transmission over the Internet is 100% secure from intrusion, we maintain commercially reasonable physical, electronic and procedural safeguards to protect your Information. However, regardless of our efforts and the Device you use to access the Site, 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 similar standards of security and confidentiality.

Phishing. Phishing attacks attempt to steal consumers' personal identity data and financial account credentials. “Phishers” use 'spoofed' e-mails to lead consumers to counterfeit websites designed to trick recipients into divulging Information such as credit card numbers, account usernames, passwords and social security numbers. WE DO NOT SEND EMAILS ASKING YOU TO PROVIDE OR CONFIRM CREDIT CARD NUMBERS, SOCIAL SECURITY NUMBERS OR YOUR USERNAME OR PASSWORD! If you receive such email communication, please forward it immediately to the Site's Privacy Administrator at atom_bala@comedycentral.com, and then immediately delete the fraudulent email from your computer.

8.Your California Privacy Rights.

If you are a resident of the State of California, we provide you with information on how to exercise your disclosure choice options such as your right to opt-out (which we may sometimes refer to as “unsubscribe”) or opt-in for use of your Personal Information by third parties (such as Advertisers) for marketing purposes. Therefore, pursuant to the California Civil Code, 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 wish to request information about how to exercise your third party disclosure choices, please send a request by email to the Privacy Administrator at atom_bala@comedycentral.com or by postal mail to Atom:

Atom.com
2600 Colorado Avenue
Santa Monica, CA 90404
Attn: Privacy Administrator

All requests must be labeled "Your California Privacy Rights" on the email subject line or envelope or post card. For all requests, please clearly state that the request is related to “Your California Privacy Rights”, include your name, street address, city, state, zip code and e-mail address (your street address is optional if you wish to receive a response to your request via email) and indicate your preference on how our response to your request should be sent (email or postal mail). 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.

9.Changes to this Privacy Policy and Notice.

We reserve the right to revise this Privacy Policy at any time by posting an updated Privacy Policy without advance notice to you. Such revisions shall be effective immediately upon posting. Notice of material changes will be posted on the Site's homepage and/or will be provided by e-mailing you or notifying you upon login about these changes; the form of such notice is at our discretion. However, we encourage you to check this Privacy Policy and Terms of Use Agreement often for updates.

10.Miscellaneous.

a.Accuracy and Confidentiality. It is your responsibility to give us current, complete, truthful and accurate information, including Personal Information, and to keep such information 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 Personal Information or you fail to update such information or Personal Information. We will reject and delete any entry that we believe in good faith to be false, fraudulent or inconsistent with this Privacy Policy.

You are solely responsible for maintaining the strict confidentiality of your User ID, if applicable, 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 the activity, behavior, use and conduct on the Site under your User ID (whether used by you or any others who use your User ID), unless and until you notify us that your User ID may have been compromised, misappropriated or improperly taken or used by another party. We reserve the right to deny access, use and registration privileges to any user, including without limitation, a registered user, of any services, features or functions of the Site if we believe there is a question about the identity of the person trying to access the user's account or any services, features or functions.

Further, if you use any of the Communities features and functions made available on or through the Site, please remember that any Information disclosed in these venues is automatically made public and please use caution when disclosing any Personal Information in the Communities, as you do not know who will access and use your Personal Information or for what purposes. Atom is in no way responsible for the accuracy, use, or misuse of any information, including Personal Information, that you disclose or receive through these venues and you should assume that any disclosure you do make in these venues will be available publicly, even without your knowledge or authorization.

b.Questions. If you have questions about this Privacy Policy or if you do not understand any information about how we collect, maintain, use or share your Personal Information or Other Information, you may contact us directly by sending an email to atom_bala@comedycentral.com or please contact our Privacy Administrator at Atom:

Atom.com
2600 Colorado Avenue
Santa Monica, CA 90404
Attn: Privacy Administrator

c.Sole Statement: This document is the sole statement of the Site's Privacy Policy and no summary, restatement or other version thereof, or other privacy statement or policy, in any form, including, but not limited to, machine-generated, is valid.

d.Other: Please review our Terms of Use Agreement which governs your use of the Site. Any terms that are not defined in this Privacy Policy shall have the meaning given in the Terms of Use Agreement.

This Privacy Policy was last modified on the date indicated above and is effective immediately.

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