TERMS OF USE AGREEMENT

PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND ATOM REGARDING YOUR USE OF THIS ATOM NETWORK.

These are official terms and conditions ("Terms of Use") and form a legally binding agreement between you and Atom ("Atom", "we", "us", or "our") regarding your use of the Atom Internet website located at www.atom.com, as well as the associated web pages services, features and functions made available by Atom (individually and collectively, the "Atom Network"). The term "Atom Network" also includes any and all Atom-branded, equivalent, mirror, replacement, substitute or backup website and web pages and those containing authorized Atom Content. Atom is a wholly owned subsidiary of Viacom International Inc. (Viacom International Inc., together with other subsidiaries and affiliates of Viacom International Inc., including, without limitation, MTV Networks ("MTVN"), a division of Viacom International Inc., are referred to as "Affiliates").

This Site is offered and made available only to users 13 years of age or older who reside in the United States of America, its territories and possessions (U.S.) and certain features on this Site (including, but not limited to, user registration and newsletter signups) may be subject to heightened age and/or other eligibility requirements. If you are not yet 13 years old or the required greater age for certain features, do not reside in the U.S. and/or do not meet any other eligibility requirements, please discontinue using the Site immediately or, if for any reason, you do not agree with all of the terms and conditions contained in this Agreement, please discontinue using the Site immediately, because by using or attempting to use the Site, you certify that you are at least 13 years of age or other required greater age for certain features and meet any other eligibility and residency requirements of the Site.

By using the Atom Network, you understand, acknowledge and agree that you will abide by the terms of this Agreement and any additional terms that govern certain products and services, which will be presented in conjunction with those products and services ("Additional Terms"), including the User Content Submission Agreement which governs your submission of User Content as such term is defined therein. The Atom Network may also provide rules of participation ("Rules") for certain activities and services including, but not without limitation, contests and sweepstakes, award programs, membership clubs, email, and dating services. The Atom Network's Additional Terms, Privacy Policy and the Rules are hereby incorporated in this Agreement by reference. To the extent that there is a conflict between this Agreement and Additional Terms for the activity in which you choose to participate, the Additional Terms shall govern. To the extent that there is a conflict between this Agreement and the specific Rules for the activity in which you choose to participate, this Agreement shall govern. This Agreement will remain in full force and effect as long as you are a user of the Atom Network and in the event of termination of any membership, service or feature, you will still be bound by your obligations under this Agreement, the Privacy Policy, any Additional Terms or Rules, including any indemnifications, warranties and limitations of liability.

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

1. REGISTRATION
We may require each user to have a unique user name and password combination in order to access and use certain features or functions of the Atom Network and may also, from time to time, provide users with additional codes or passwords necessary to access and use certain features or functions of the Atom Network. Please read our Privacy Policy, which describes the personally identifiable information ("Personal Information") we collect, use, disclose, manage and store. As part of the registration process for the feature or function, you will choose a user name and password (or we may assign an initial password which we will give you the option to change). Your user name and password are personal to you and you may not allow any others to use your user name or password under any circumstances. We are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your user name or password or any other need to deactivate your user name or password due to security concerns.

2. MODIFICATIONS
We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this Agreement. We will post or display notices of material changes on the Atom Network and we may also e-mail you about these changes. Once we post them on the Atom Network, these changes become effective immediately and if you use the Atom Network after they become effective it will signify your agreement to be bound by the changes. You should check back frequently and review the terms and conditions of this Agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us.

3. OWNERSHIP OF INTELLECTUAL PROPERTY
The contents of this Atom Network, including all Atom Network software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectible elements of the Atom Network, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, "Material"), are the property of the Parent Companies, and their Affiliates, and any of their successors and assigns, and any of their respective licensors, Advertisers (as defined below), suppliers, and operational service providers and are legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. Unless the context clearly requires otherwise or we explicitly say so in writing, the term "Atom Network" includes "Material" as well. The Atom Network is to be used solely for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright or other notices contained on the Atom Network, including notices on any Material you download, transmit, display, print or reproduce from the Atom Network. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Material without the express prior written consent of MTVN or its owner if MTVN is not the owner. Any unauthorized or prohibited use of any Material may subject you to civil liability, criminal prosecution, or both, under applicable federal, state and local laws. We require users to respect our copyrights, trademarks, and other intellectual property rights. We likewise respect the intellectual property of others. On notice, we will act expeditiously to remove content on the Atom Network that infringes the copyright rights of others and will disable the access to the Atom Network and its services of anyone who uses them to repeatedly to infringe the intellectual property rights of others.

We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over the Atom Network and to promptly end any infringement that might occur. If you believe that the Atom Network contains elements that infringe your copyrights in your work, please follow the procedures set forth in our Copyright Compliance Policy.

4. ADVERTISING
From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtaingoods and services of or from, third parties (collectively, the "Advertisers")such as our advertisers, sponsors, or promotional partners as a result of youruse of the Atom Network. All such communication, interaction and participationis strictly and solely between you and such Advertisers and we shall not beresponsible or liable to you in any way in connection with these activities ortransactions (including, without limitation, any representations, warranties,covenants, contracts or other terms or conditions that may exist between youand the Advertiser or any goods or services you may purchase or obtain from anyAdvertiser).

5. RULES OF CONDUCT
Your use of the Atom Network is subject to all applicable local, state,national laws and regulations and, in some cases, international treaties. Youare solely responsible for all activities, acts and omissions that occur in,from, through or under your user name or password. You shall not use, allow, orenable others to use the Atom Network, or knowingly condone use of the AtomNetwork by others, in any manner that is, attempts to, or is likely to:

• be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
• affect us adversely or reflect negatively on us, the Atom Network, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Atom Network, or from advertising, linking or becoming a supplier to us in connection with the Atom Network;
• send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing";
• be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages;
• transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;
• forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason;
• violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the Atom Network, other users' accounts, names, passwords, personally identifiable information or other computers, websites or web pages, connected or linked to the Atom Network or to use the Atom Network in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
• modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Atom Network or the rights or use and enjoyment of the Atom Network by any other person, firm or enterprise; or
• collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Atom Network, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.

6. SHOPPING
If e-commerce is offered on the Atom Network, all e-commerce is brought to youby MTVN Direct, Inc., an operational service provider and affiliate under thisAgreement. All goods and services offered for sale on the Atom Network("Products") are guaranteed by the manufacturer, licensor or distributoragainst defects in material and workmanship for 30 days from the date of theinvoice. Within that time period, just contact Customer Service [insert linkfor email address of customer service or refer the user to the contactinformation on the e-commerce page] and we will coordinate attempting tocorrect, repair or replace the defective Product or, if applicable, inobtaining a refund for you. We have no responsibility or liability whatsoeverfor goods or services you may obtain from or through other websites or webpages, even if you were directed or linked to such a website or web pagethrough the Atom Network, nor are we responsible for assisting you incorrecting any problem you may experience with Products if you do not notify uswithin the 30 day period noted above or for any goods or services not obtaineddirectly on the Atom Network. You agree that your sole and exclusive remedy andour sole, exclusive and maximum liability arising from or relating in any wayto any Product shall be the amount you actually paid us (or our suppliers,operational service providers, or other e-commerce partners) for it. EXCEPTAS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE EXPRESSLY DISCLAIM ANY AND ALLLIABILITY ARISING FROM OR RELATING IN ANY WAY TO ANY AND ALL PRODUCTS. EXCEPTAS SPECIFICALLY MADE IN WRITING, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS ANDWARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY ANDALL PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OROF FITNESS FOR A PARTICULAR PURPOSE.

Products may be purchased while supplies last. If a Product is listed at anincorrect price or with incorrect information, we reserve the right to refuseor cancel orders placed for that Product, whether or not the order has beenconfirmed and even if your account has been charged (in which event we willissue a credit to your account in the amount of the charge).

Our creation or transmission of an order confirmation does not signifyacceptance of your order, nor constitute a binding confirmation of an offer tosell any Product and we reserve the right to accept or decline your order forany reason up until the time the Product is actually delivered to you. Wereserve the right at any time, without prior notice, to limit or reduce thequantity you ordered of any Product and we will notify you if we do so. Allorders placed over $500.00 (U.S.) must obtain pre-approval with an acceptablemethod of payment, as established by our credit and authorization policies andpractices in effect at the time of your order. We may contact you and requireadditional information from you before we grant such pre-approval. Products onthe Atom Network are offered for sale only to end user customers or as personalgifts to end user customers and not for resale. We do not knowingly acceptorders from dealers, exporters, wholesalers, distributors, resellers or othersimilar persons or companies, and reserve the right to refuse, cancel or seekthe return of any Products that are purchased in violation of the foregoingrestrictions.

You are responsible for any taxes imposed on the sale or use of Products andapplicable taxes will be added to the amount charged for Products purchased onthe Atom Network. If an order consists of multiple items, they may be shippedseparately depending on availability.

7. WIRELESS MARKETING SERVICES AND PROMOTIONAL OPPORTUNITIES
MTVN may provide users and viewers with the opportunity to register for specialpromotions, services, news, programming and information delivered via textmessaging and other wireless devices such as mobile phones. Users are requiredto provide their consent to receive such information from MTVN, either byregistering on the Atom Network or via their wireless device. Such services andpromotional opportunities are provided by the Parent Companies or Affiliates ofMTVN. The information requested as part of the online registration process is auser's telephone number or a wireless email address, but only if specificallyrequested, and the carrier's name. Optional information may be requested forspecific promotions, such as a user's preferences regarding goods or services,choices of music or artists, or other similar survey information. Depending onthe promotion, we may also collect an Internet email address or otherinformation and, depending on the information collected, the user may also berequired to confirm his or her agreement to the Atom Network's Agreement,including, without limitation, its Privacy Policy and Terms of Use Agreement.

Users that register for any of the wireless marketing services offeredthrough MTVN acknowledge, understand and agree that they will be charged by theuser's wireless carrier for all messages sent to the user from MTVN. Standardmessaging rates will apply, unless noted otherwise. Under no circumstanceswill the Parent Companies or any Affiliates be responsible for any wirelessemail or text messaging charges incurred by a user or by a person that hasaccess to a user's wireless device, telephone number, or email address.

A user understands, acknowledges and agrees that the MTVN may, at its solediscretion and without liability to any user, terminate its offer of anyspecific wireless marketing service or all wireless marketing services at anytime without advance notice. MTVN may provide notice of terminations or changesin services on the Atom Network.

8. VIRAL FEATURES
There may be portions of the Atom Network, content, functionality or features(e.g, without limitation, digital streaming media player(s)) ("ViralFeatures") that we make available to users for your personal use. While wecan obviously change how, to whom and to what extent we make these ViralFeatures available at any time without any notice and in our sole discretion,so long as they are available to you, whenever you visit the Atom Network ortake advantage of any of these Viral Features (whether you use these ViralFeatures on your own personal or customized web pages, whether they aredisplayed or appear embedded or housed within a web page or website of anyoneelse, whether a commercial website or web page, an advertisement, promotionalmessage or even a personalized or customized web page of a friend or throughany device that can access any of these Viral Features) you are bound by theapplicable provisions of this Agreement and our Privacy Policy.

9. POSTINGS
Your comments, suggestions and information are important to us. Portions of theAtom Network may provide you and other users an opportunity to participate inforum services, blogs, web communities and other message and communicationfacilities ("Communities") and may provide you with the opportunity, throughsuch Communities or otherwise, to submit, post, display, transmit and/orexchange (a) information, ideas, opinions, messages or other information("Post" or "Postings") and (b) User Content (as defined in the User Content SubmissionAgreement), your submission of which is also governed by the terms andconditions therein, and considered a Posting for purposes of this Agreement.You understand, acknowledge and agree that such Postings are the soleresponsibility of the person from which such Postings originated. This meansthat you are solely and entirely responsible for the consequences of allPostings that you upload, post, email, transmit or otherwise make available viathe Atom Network. Postings do not reflect the views of the Atom Network, theParent Companies or the Affiliates. We reserve the right to monitor, edit orscreen any Postings. If we determine, in our sole discretion and judgment, thatany Posting does or may violate any of the terms of this Agreement, we reservethe right, at any time and without limiting any and all other rights we mayhave under this Agreement, at law or in equity, to: (a) refuse to allow you toPost; (b) remove and delete Postings; (c) revoke your right to use the AtomNetwork; and/or (d) use any technological, legal, operational or other meansavailable to us to enforce the provisions of this Agreement, including, withoutlimitation, blocking specific IP addresses or deactivating your registration onthe Atom Network.

If a Posting originates from you or your account, you hereby agree that: (a)you specifically authorize the Atom Network, the Parent Companies and theirAffiliates to use such Posting in whole or in part, throughout the universe, inperpetuity in or on any and all media, now known or hereafter devised, andalone or together or as part of other information, content and/or material ofany kind or nature; (b) you represent and warrant that (i) the Posting isoriginal to you and/or fully cleared for use as contemplated herein, (ii) thePosting does and will not, in any way, violate or breach any of the terms ofthis Agreement, (iii) the Posting does not contain libelous, tortious, orotherwise unlawful information, infringe or violate any copyright or otherright, or contain any matter the publication or sale of which will violate anyfederal or state statute or regulation, (iv) the Posting is not obscene or inany other manner unlawful, (v) the Posting shall not be injurious to the healthof the user, and (vi) we shall not be required to pay or incur any sums to anyperson or entity as a result of our use or exploitation of the Posting and (c)if your Posting incorporates the name, logo, brand, service or trademark,voice, likeness or image of any person, firm or enterprise, you specificallyrepresent and warrant that (i) you have the right to grant the Atom Network,the Parent Companies and their Affiliates the right to use all such Postings asdescribed above, (ii) the Posting was produced in compliance with allapplicable laws and regulations and (iii) for any User Content that containsoriginal videos, you will comply with any applicable identificationverification and record-keeping requirements, and you will secure and maintainthe requisite personal information and identification documentation for allindividuals who appear in any such original videos, as may be required by lawand/or otherwise requested or required by us in connection with our corporatecompliance policies and practices, which includes (y) individual's full legalname, current address, date of birth and (z) a legible photocopy of a validgovernment-issued identification document (e.g., a U.S. passport, statedriver's license or valid photo ID card) to verify the individual's identity.Please be aware that upon the submission of each such Posting, you may berequired to deliver a full and complete set of such identification verificationrecords to us, as well as a legible photocopy of your valid driver's license,passport or other acceptable government-issued photo identification for ourverification and record-keeping purposes. In addition, you specificallyacknowledge and agree to abide by our policies regarding governmentalcertification procedures relating to the foregoing identification verificationand record-keeping procedures and, if applicable, you will promptly comply withany specific requests or directions we give you in connection with Postings yousubmit that may be subject to these requirements.

You understand, acknowledge and agree that we have the right to delete,re-format and/or change your Postings in any manner that we may reasonablydetermine (although you will not be responsible for any such changes made). Theamount of storage space on the Atom Network per user is limited. Some Postingsmay not be processed due to space constraints or outbound message limitations.You understand, acknowledge and agree that we assume no responsibility fordeletion of Postings or any failure to store, receive or deliver Postings in atimely manner or any other matter relating to Postings. Posting is fornoncommercial purposes only and you may not Post in any manner which does or isintended to promote or generate revenue for any business enterprise orcommercial activity without the prior authorization of the Atom Network and/orthe Parent Company and its Affiliates.

If you believe that any content on the Atom Network (including, withoutlimitation, Postings) violates any of the terms of this Agreement (except forany notices covered by the Copyright Compliance Policy), please click here to send us a messageabout it (please refer to our Copyright Compliance Policy forany notices covered by the Copyright Compliance Policy). We cannot guaranteethat we will respond to your message and we reserve the right to take orrefrain from taking any or all steps available to us once we receive any suchmessage.

10. CONTESTS, SWEEPSTAKES, AUCTIONS AND PROMOTIONS
From time to time, the Atom Network, the Parent Companies, the Affiliates orthe Atom Network's operational service providers, suppliers, and Advertisers,may conduct promotions on or through the Atom Network, including, withoutlimitation, auctions, contests and sweepstakes ("Promotions"). Each Promotionmay have Additional Terms and/or Rules which will be posted or otherwise madeavailable to you and, for purposes of each Promotion, will be deemedincorporated into and form a part of this Agreement.

11. PODCASTING
The Atom Network may provide podcasts ("Podcasts") consisting of selected audioand/or video content from the Atom Network that is provided over the Internetusing an XML feed and an associated audio file so that the audio file may bedownloaded and played from a user's computer or transferred to a portablelistening device. Certain software and hardware is required for users todownload and play Podcasts.

Podcasts are protected by United States Federal and State laws, andapplicable foreign laws, regulations and treaties, and all rights in and to thePodcasts are reserved to the Atom Network or the content provider. Podcasts areavailable for personal, noncommercial use only and you may download, copyand/or transfer to a portable listening device or a computer the Podcasts foryour personal, non-commercial use only. You shall not, nor will you allow anythird party to reproduce, modify, create derivative works of, display, perform,publish, distribute, disseminate, broadcast or circulate to any third party, orotherwise use any Podcasts except as expressly authorized in this Section 11.

By your access to and use of Podcasts, you understand, acknowledge and agreethat the Atom Network, the Parent Companies and their Affiliates do not warrantthat its podcasting service will operate on all user equipment. Please see our"Disclaimer and Limitations of Liability" section forfurther details.

12. HYPERLINKS TO THIRD PARTY SITES
The appearance, availability, or your use of URLs or hyperlinks referenced orincluded anywhere on the Atom Network or any other form of link or re-directionof your connection to, with or through the Atom Network, does not constitute anendorsement by, nor does it incur any obligation, responsibility or liabilityon the part of the Atom Network, the Parent Companies or any of theirAffiliates, any of their successors and assigns, and any of their respectiveofficers, directors, employees, agents, representatives, licensors,Advertisers, suppliers, and operational service providers. We do not verify,endorse, or have any responsibility for, any such third party sites, theirbusiness practices (including their privacy policies), or any goods or servicesassociated with or obtained in connection with any such site, whether the AtomNetwork's, the Parent Companies' or any of their Affiliates' logo orsponsorship identification is on the third party site as part of a co-brandingor promotional arrangement. If any third party site obtains or collectsPersonal Information from you, in no event shall we assume or have anyresponsibility or liability. Please read our Privacy Policy, which describes howthe Atom Network collects and uses your Personal Information and co-brandingrelationships.

13. DEACTIVATION/TERMINATION OF YOUR REGISTRATION OR USE
If you are registered to use the Atom Network, you may deactivate your accounton the Atom Network, at any time and for any reason, by clicking here to go to"Your Account", entering your user name and password, and then selecting the"Close My Account" option. We may terminate your use of and registration on theAtom Network, at any time and for any reason, with or without cause, withoutprior notice to you and without any liability or further obligation of any kindwhatsoever to you or any other party.

14. DISCLAIMER AND LIMITATIONS OFLIABILITY
THE ATOM NETWORK, AND ALL MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLEON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTYOF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE ATOM NETWORKWILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OROPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting theforegoing, we are not responsible or liable for any malicious code, delays,inaccuracies, errors, or omissions arising out of your use of the Atom Network.You understand, acknowledge and agree that you are assuming the entire risk asto the quality, accuracy, performance, timeliness, adequacy, completeness,correctness, authenticity, security and validity of any and all features andfunctions of the Atom Network, including, without limitation, Postings andMaterials associated with your use of the Atom Network.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW,THIS ATOM NETWORK, THE PARENT COMPANIES, ANY OF THEIR AFFILIATES, OR THEIRRESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS,DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICEPROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS ORDAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USEOF THE ATOM NETWORK OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO,COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.

Notwithstanding any claim that a sole or exclusive remedy which is providedin this Agreement may or does fail of its essential purpose, you specificallyacknowledge and agree that your sole and exclusive remedy for any loss ordamage shall be to have the Parent Companies, upon written notice from you tous, attempt to repair, correct or replace any deficient goods or services underthis Agreement and, if repair, correction or replacement is not reasonablycommercially practicable for the Parent Companies, to refund any moniesactually paid by you for the Products involved and to terminate and discontinueyour use of the Atom Network. You further understand and acknowledge thecapacity of the Atom Network, in the aggregate and for each user, is limited.Consequently some messages and transmissions may not be processed in a timelyfashion or at all, and some features or functions may be restricted or delayedor become completely inoperable. As a result, you acknowledge and agree thatthe Parent Companies assume no liability, responsibility or obligation totransmit, process, store, receive or deliver transactions or Postings or forany failure or delay associated with any Postings and you are hereby expresslyadvised not to rely upon the timeliness or performance of the Atom Network forany transactions or Postings. Some jurisdictions do not allow for the exclusionof certain warranties or certain limitations on damages and remedies,accordingly some of the exclusions and limitations described in this Agreementmay not apply to you.

15. INDEMNIFICATION
You agree to indemnify, defend and hold the Atom Network, the Parent Companies,and any of their Affiliates, or any of their successors and assigns, and any oftheir respective officers, directors, employees, agents, representatives,licensors, Advertisers, suppliers, and operational service providers harmlessfrom and against any and all claims, actions, losses, expenses, damages andcosts (including reasonable attorneys' fees), resulting from any breach orviolation of this Agreement by you, or public posting of your Postings.

The Parent Companies reserves the right to assume, at its sole expense, theexclusive defense and control of any such claim or action and all negotiationsfor settlement or compromise, and you agree to fully cooperate with the ParentCompanies in the defense of any such claim, action, settlement or compromisenegotiations, as requested by the Parent Companies.

16. PRIVACY
We respect your privacy and the use and protection of your PersonalInformation. Please see our PrivacyPolicy, for important information and disclosures relating to thecollection and use of your Personal Information in connection with your use ofthe Atom Network.

17. ADS AND MALWARE
We take great care and pride in creating the Atom Network. We are always on thelookout for technical glitches that effect how the Atom Network works. When wefind them on our end, we will fix them. Unfortunately, your home computer maycause some glitches that effect how you see the Atom Network -- and that isbeyond our control.

If you experience any unusual behavior, content or ads on the Atom Network,it may be the result of Malware on your computer. Malware -- short forMALicious softWARE -- is a term used to broadly classify a form of softwarewhich is installed in a computer system with malicious intentions, usuallywithout the owner's knowledge or permission. Malware includes computer viruses,key loggers, malicious active content, rogue programs and dialers, amongothers. While we continuously work closely with our partners to ensure thateverything on the Atom Network is working properly, sometimes Malware programson your personal computer may interfere with your experience on the AtomNetwork and on other sites that you visit.

We suggest that you take some of the following actions which may help toclean your computer and which could prevent future installations of Malware.

* Update your computer via Windows Update (found in the Tools menu in yourInternet Explorer web browser).

* Install a SpyWare Removal Tool such as Spybot Search andDestroy or AdAware to clean yourcomputer of Malware.

* Install antivirus software, such as Norton anti-virusor McAfee Virus-shield.

* Install MicrosoftDefender (for Windows computers).

Please note that we cannot be responsible for the effects of any third-partysoftware including Malware on your computer system. Please make sure tocarefully read the Help or Customer Support areas of any software downloadsite.

If you do discover any Malware on your system, we also suggest you speakwith a qualified computer technician.

If, after taking the above actions, you are still experiencing any problems,please feel free to contact us.

18. LAW THAT APPLIES TO THIS AGREEMENT; MISCELLANEOUS TERMS
This Agreement, together with any Additional Terms, Rules, our Privacy Policy, and any otherregulations, procedures and policies which we refer to and which are herebyincorporated by reference, contains the entire understanding and agreementbetween you and the Atom Network and supersedes any and all prior orinconsistent understandings relating to the Atom Network and your use of theAtom Network. This Agreement cannot be changed or terminated orally. If anyprovision of this Agreement is held to be illegal, invalid or unenforceable,this will not affect any other provisions and the Agreement will be deemedamended to the extent necessary to make it legal, valid and enforceable. Anyprovision which must survive in order to allow us to enforce its meaning shallsurvive the termination of this Agreement; however, no action arising out ofthis Agreement or your use of the Atom Network, regardless of form or the basisof the claim, may be brought by you more than one (1) year after the cause ofaction has arisen (or if multiple causes, from the date the first such causearose).

This Agreement and your use of the Atom Network is governed by, construedand enforced in accordance with the internal substantive laws of the State ofNew York (notwithstanding the State's conflict of laws provisions) applicableto contracts made, executed and wholly performed in New York, and, for thepurposes of any and all legal or equitable actions, you specifically agree andsubmit to the exclusive jurisdiction and venue of the State and Federal Courtssituated in the State and County of New York and agree you will not object tosuch jurisdiction or venue on the grounds of lack of personal jurisdiction,forum non conveniens or otherwise. To the extent it may be applicable, youagree to opt out from and expressly exclude any applicability of the UniformComputer Information Transactions Act. IN ANY ACTION OR PROCEEDING COMMENCED TOENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USEOF THE ATOM NETWORK OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBYWAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

This Terms of Use Agreement was last modified on September 10, 2009 and iseffective immediately.

Copyright © 2009 MTV Networks, a division of Viacom International Inc.- All Rights Reserved.