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you and us that arose prior to the date of such revision.

1.3 Evolving Nature of Fuzz. Fuzz is a new service and subject to change at

any time. We are continually looking to improve Fuzz but if you are at any time

dissatisfied with Fuzz, then your sole remedy is to discontinue use of Fuzz.However, we do want to hear from our users so do not hesitate to send us an e-

mail at [email protected] to let us know what you think.

1.4 Entity Subscribers. Presently, accounts are limited to individual users,

with a limit of one account per user. If you desire to open an account on Fuzz on

behalf of a company, entity or organization (each a "Subscribing Entity"), you

should send a request to [email protected]; by making such a request (or

creating an account without making such a request), you represent and warrant

that you: (i) are an authorized representative of that Subscribing Entity with the

authority to bind such entity to these Terms and (ii) agree to be bound by these

Terms on behalf of such Subscribing Entity and any additional terms (Ancillary

Terms) we may impose. Any decision to grant such a request shall be made in

our sole discretion. Ancillary Terms may not be the same for all Subscribing

Entities.

2. USE OF SERVICES

We may require that you agree to Ancillary Terms, or the terms of a Third-Party

Site in order to use particular features or functionality of Fuzz. Any such Ancillary

Terms or Third-Party Site terms will, unless otherwise expressly stated in such

terms, supersede these Terms in the event of a conflict, but only as to the

particular services with respect to which those terms relate. Any applicable

Ancillary Terms are hereby incorporated into and made a part of these Terms by

reference. You are solely responsible for your acceptance of and compliance

with terms imposed by any Third-Party Site; you should review such terms and

privacy policies before using such Third-Party Sites.

3. CHILDREN
mailto:[email protected]:[email protected]:[email protected]:[email protected]

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By using Fuzz, you affirm that you are at least 18 years of age. Additionally,

Fuzz is not intended for children under the age of 13. If you are under the age of

13, you must not use or access Fuzz.

4. SERVICE SECURITY

4.1 Personal Security. Be smart when using Fuzz or any Third-Party Sites.

You should not disclose personal information to strangers that would enable

them to locate you offline. This means you should not give out your name,

address, place of employment, school, etc., while communicating with others on

or through Fuzz. If you choose to share information about your use of Fuzz by

way of, or link your Fuzz account to, a Third-Party Site, you should be mindful of

who may have access to your activities through those Third-Party Sites. Others

may be able to identify your Fuzz account with an account on a Third-Party Site,

and potentially determine your actual name if the Third-Party Site requires or

encourages use of actual names as user names.

4.2 Service Security. You are prohibited from violating, or attempting to

violate, the security of Fuzz. Any such violations may result in criminal and/or

civil penalties against you. In addition, we may, in our sole discretion, terminate

your privilege to use Fuzz. We reserve the right to investigate any alleged orsuspected violations and, if a criminal violation is suspected, refer such

suspected violation to the appropriate law enforcement agencies and cooperate

fully with such investigations, including, but not limited to, the disclosure of any or

all of your activities on or related to Fuzz.

5. CONTENT SUBMITTED TO FUZZ

5.1 Content. You may associate text, video, audio, images or other content

(collectively, Content) with your Fuzz account by uploading, posting or

transmitting it to Fuzz (collectively, Posting). Posting includes indirectly Posting

to Fuzz via a Third-Party Site, or indirectly posting to a Third-Party Site via Fuzz.

a. All Content Posted by you, except for Internet Radio Content

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defined in 5.1(b) below, is referred to as your User Content.

b. Content consisting of sound recordings that is Posted by you for

use by you and/or other users in stations, playlists or other collections of sound

recordings for playback by Fuzz users as DMCA compliant internet radio isreferred to as Internet Radio Content.

5.2 User Content Responsibility.

a. By Posting User Content, you are granting us a license (the

Content License) in which, except as expressly provided in our Privacy Policy,

you hereby grant us an unrestricted, perpetual, assignable, sublicensable,

revocable, royalty-free license throughout the universe to reproduce, distribute,

publicly display, communicate to the public, make available, publicly perform

(including by means of digital audio transmissions) on a through-to-the-audience

basis, create derivative works from, and otherwise use and exploit (collectively,

"Use") all User Content you Post to Fuzz, through any media and formats now

known or hereafter developed to advertise, market, or promote Fuzz. You further

grant us a royalty free license to Use your name, image, voice, likeness, and any

photographs or artwork made available by or on your behalf through Fuzz in

conjunction with advertising, marketing, or promoting Fuzz. You further

represent and warrant that no payments of any kind will be due by us to you or toany third party for any User Content you Post to Fuzz.

b. If you want to revoke or terminate the Content License with respect

to some or all of your User Content, you can generally do so by deleting such

Content from Fuzz (see the rest of this paragraph (b) for important limitations on

this method). To request deletion of your entire user profile or account you must

also send an email to [email protected] stating your name, the username,

password and registered email address(es) associated with the profile, with the

words "Delete User Profile" in the subject line. Please note that if you

subsequently place User Content on the profile, this will void your deletion notice.

If we violate the Content License, you may either terminate the Content License

as described above or send a reasonably detailed email explaining the violation

to [email protected]. We will correct the violation within a reasonable time not

to exceed 30 days after receipt of proper notice. These are your exclusive

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remedies for a breach by us. We are not responsible for disputes between

users, including breaches of the Content License by users. Notwithstanding

anything else in these Terms, please note that terminating the Content License

does not automatically remove all of your comments or other Content

accumulated throughout Fuzz as a result of your participation in Fuzz; we retainthe Content License in such Content and will consider any requests to withdraw

such materials on a case by case basis, in light of the technical and other

resources necessary to effect such withdrawal, and other factors we deem

relevant.

c. You (and not us) are solely responsible for your User Content, and

for its accuracy, integrity, quality, lawfulness and merit. By Posting User Content,

you are making a legally binding promise (you are agreeing, representing and

warrantying) that it is truthful, accurate, not misleading, and offered in good faith,

and that you possess all the rights (including any clearances, licenses,

permissions or authorizations) necessary in order for you to post such User

Content and grant to us the Content License, and that your User Content does

not violate the privacy, publicity or intellectual property rights (including copyright)

of any other party. If any royalty or other payment becomes due to any party as a

result of us fully exercising our Content License (including your activities on

Fuzz), then you alone (and not us) shall be responsible for such payments. You

may not upload, post, publish or transmit any Content that is unlawful, fraudulent,libelous, defamatory, obscene, pornographic, profane, threatening, abusive, or

otherwise objectionable, including, without limitation, any Content that would

constitute illegal activity, give rise to civil liability, or violate any applicable local,

state, national or foreign law. You may not Post Content to Fuzz if you cannot

make all these promises and agree to all the provisions of this section 5

concerning such Content.

d. By uploading User Content to Fuzz you waive any rights to prior

inspection or approval of any marketing or promotional materials related to such

User Content. You further waive any and all rights of privacy, publicity, or any

other rights of a similar nature in connection with your use of Fuzz or any User

Content (or any portions thereof) you provide on or through Fuzz. To the extent

any moral rights are not transferable or assignable, you hereby waive and agree

never to assert any and all moral rights, or to support, maintain or permit any

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action based on any moral rights that you may have in or with respect to any

User Content you upload to Fuzz, during the term of these Terms. You expressly

release us and all of our agents, partners, subsidiaries, affiliates, licensees,

successors, and assigns 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 to privacy,

publicity, or personality or any similar matter, or based upon or relating to the

Use of your User Content.

5.3 Internet Radio Content Responsibility.

a. Fuzz allows you to create DMCA compliant streams of Internet

Radio Content. If you comply with all of the provisions of this Section 5, we will

pay the amounts due to SoundExchange and the Performance Rights

Organizations as a result of such use of Internet Radio Content (collectively,

Internet Radio Payments); if you violate any portion of this Section 5, we may in

our discretion require you to pay (or reimburse us for) such payments as they

relate to all Internet Radio Content Posted by you and all streams of collections

of Content assembled by you in the course of using Fuzz.

b. You represent, warrant and agree that any Internet Radio Content

Posted by you to Fuzz (1) will include the complete and correct title of the soundrecording (i.e., song name), featured recording artist name, and title of the album

released under the authority of the copyright owner; (2) contains no inaccurate or

misleading metadata; (3) comes from a lawfully obtained phonorecord and not

from any illegally acquired content (examples of illegally acquired content include

any content downloaded from unauthorized or illegal peer-to-peer filing sharing

services); and (4) has been publicly released in the United States under the

consent of the copyright owner (e.g., does not come from a bootleg or

unauthorized recording made available before the "street date" of release of the

content). For the avoidance of doubt, and without limiting the foregoing, we do

not require that you be the copyright owner, marketing label or other

representative of the Internet Radio Content you Post to Fuzz.

c. You represent, warrant and agree that you have not taken, and will

not: (1) take steps, either directly or indirectly, to intentionally defeat any

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technological measures implemented by us to ensure the compliance with any

laws or regulations, including, but not limited to, Sections 112 and 114 of the

United States Copyright Act, the regulations adopted pursuant thereto or other

provisions of the copyright laws of the United States (collectively, the Copyright

Laws); (2) interfere with the performance, specifications, functionality andbehavior of Fuzz, including interfering in any way with the ability of Fuzz to

comply with the Copyright Laws; (3) use any aspect Fuzz, any Third-Party Sites

or other methods (including without limitation email, voice and text messaging,

and Facebook direct messages) to provide advanced publication (as defined in

the Copyright Laws), or otherwise give advanced notice (to you or to another

User) of specific songs that will be accessible on Fuzz during a specific

timeframe, or to cause or predict (or enable another users to be able to cause or

predict) playback of a specific sound recording not Posted by you during a

specific timeframe; (4) use multiple accounts, or accounts shared by multiple

users, to accomplish any of the foregoing, or to defeat any of the playback or

other limitations of Fuzz.

5.4 Special Indemnification. In addition to and without limiting any of our

rights and remedies in Section 12 below, you represent, warrant and agree that,

in the case of a violation by you (whether acting directly or through your agents

or representatives) of any of the provisions of this Section 5, and notwithstanding

any other provisions of these Terms, you represent and warrant that you shalladvance all Expenses (as defined in Section 12 below) incurred by or on our

behalf in connection with any proceeding arising in whole or in part from such

violation (including without limitation a proceeding brought or joined by you)

within 21 days after the receipt by you of a statement or statements from us

requesting such advance or advances from time to time, whether prior to or after

final disposition of such proceeding. Such statement or statements shall

reasonably evidence the Expenses incurred by us and shall include or be

preceded or accompanied by a written undertaking by or on behalf of us to repay

any Expenses advanced if it shall ultimately be determined that we are not

entitled to be indemnified against such Expenses. You agree that any advances

and undertakings to repay pursuant to this Section 5.7 shall be unsecured and

interest free. You represent, warrant and agree that you shall not seek from a

court, or otherwise agree to, a bar order which would have the effect of

prohibiting or limiting our rights to receive advancement of expenses under this

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Section 5.7.

6. REGISTRATION

6.1 Log In Credentials. In order to use certain functionalities of Fuzz, such as

posting comments, you will have to register for an account on Fuzz or log in

using your Facebook or other Third-Party Site credentials. You are responsible

for maintaining the confidentiality of your log-in credentials in order to use Fuzz,

and are fully responsible for all activities that occur through the use of your

credentials. You agree to notify us immediately of any unauthorized use of your

log-in credentials or any other breach of security with respect to your account.

We will not be liable for any loss or damage arising from unauthorized use of

your credentials prior to you notifying us 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 any registration forms

required by us. You also agree to update the information about yourself

promptly, and as necessary, to keep it current and accurate. If messages sent to

an e-mail address provided by you are returned as undeliverable, we reserve the

right to terminate your account immediately with or without notice to you andwithout any liability to you or any third party.

7. USER TO USER COMMUNICATION SERVICES; SHARING OF

LISTENING HABITS; SHARING OF CONTENT OF STATIONS AND

DEDICATIONS

7.1 General. You may engage in online chats with other users of Fuzz

through the Third Party Site Facebook. Your use of the chat services of

Facebook, and any other services of Facebook, will be governed by any

Facebook terms of use or other policies as well as these Terms. Any violation by

you of any Facebook terms or these Terms may result in the termination of your

right to post messages through Facebook. We shall have no liability to you for

any termination of your right to engage in online chats through Facebook.

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7.2 Sharing of Listening Habits. By connecting your Fuzz account with a Third

Party Site such as Facebook you may choose to make your listening habits and

music likes and dislikes available through such Third Party Sites. By sharing

your listening information you will be making such information available toanyone who has access to your profile on a Third Party Site (e.g., your friends on

Facebook or every other user of the Third Party Site). The information you

choose to share through a Third Party Site shall be controlled through such Third

Party Site and subject to such Third Party Sites terms and policies. We are not

responsible, and shall have no liability to you, for any information you choose to

make available through a Third Party Site or for any failure of such Third Party

Site to protect the confidentiality of any information you share through such Third

Party Site. Notwithstanding the foregoing, we reserve the right to terminate your

use of Fuzz if you engage in any activities on a Third Party Site that reflects

poorly on Fuzz, including, but not limited to, through offensive, disparaging,

hateful or harmful comments about other users of Fuzz or the posting of

infringing, defamatory, or obscene content or comments.

7.3 Chat Postings. You should exercise caution, good sense and sound

judgment in submitting messages to be posted through a Third Party Site such

as Facebook. Think and read twice before you post anything. Once

something is posted online it may live in perpetuity, and messages posted todaycould be highly embarrassing or damaging to your credibility or reputation in the

future. You are responsible for any comments or materials you post on or

through any Third Party Sites, and assume all liability arising out of a post. We

make no representations and warranties with respect to the confidentiality of any

posts you make through Fuzz or on a Third Party Site.

7.4 License Grant for Postings. You hereby grant us a royalty free, perpetual,

irrevocable, assignable, non-exclusive license throughout the universe to Use

any messages you post through Fuzz, including on a Third Party Site (or any

portion thereof, including an edited version) alone or as part of other works in any

form, media, or technology whether now known or hereafter developed, and to

sublicense such rights through multiple tiers of sublicensees, with or without

attribution to you, to market and promote Fuzz.

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8. OTHER PROHIBITED ACTIVITIES

8.1 In using Fuzz, you agree not to:

(a) Upload or otherwise transmit to or through Fuzz any information or content

that infringes any patent, trademark, trade secret, copyright or other proprietary

rights of any party, including by incorporating any such material in User Content;

(b) Upload or otherwise transmit to or through Fuzz any unlawful, harmful,

harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise

objectionable material of any kind, or any material that can cause harm or delay

to Fuzz or computers of any 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 or otherwise);

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

(e) Restrict, discourage or inhibit any person from using Fuzz, disclose

personal information about a third person on Fuzz or obtained from Fuzz withoutthe consent of such person or collect information about users of Fuzz;

(f) Undertake, cause, permit or authorize the modification, creation of

derivative works, translation, reverse engineering, decompiling, disassembling or

hacking of any aspect of Fuzz or any part thereof, or attempt to do any of the

foregoing, except and solely to the extent permitted by these Terms, the

authorized features of Fuzz, or by law, or otherwise attempt to use or access any

portion of Fuzz other than as intended by us;

(g) Gain unauthorized access to Fuzz, to other users' accounts, names or

personally identifiable information, or to other computers or websites connected

or linked to Fuzz;

(h) Reproduce, distribute, publicly display, publicly perform, sell, trade, resell

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or exploit any portion of Fuzz, use of Fuzz, access to Fuzz or content obtained

through Fuzz, for any purpose other than expressly permitted by these Terms,

including, by way of example and not limitation, by doing or engaging in any of

the following without our express written consent:

(i) Framing, embedding and/or passing off User Content obtained from Fuzz

in such a manner as to present them as originating from a source other than

Fuzz;

(ii) Copying, caching or reformatting any User Content for commercial

purposes in any manner whatsoever, whether by copying to physical or

electronic media for purposes of buffering delivery or converting transmissions

from Fuzz to alternative delivery formats;

(iii) Altering, defacing, mutilating or otherwise bypassing any approved

software through which Fuzz is made available; and

(iv) Using any trademarks, service marks, design marks, logos, photographs

or other content belonging to us or obtained from Fuzz.

(i) Post, transmit or otherwise make available any virus, worm, spyware or

any other computer code, file or program that may or is intended to damage orhijack the operation of any hardware, software or telecommunications equipment,

or any other aspect of Fuzz or communications equipment and computers

connected to Fuzz;

(j) Remove, disable, damage, circumvent or otherwise interfere with any

security-related features of Fuzz, features that prevent or restrict the use or

copying of any part of Fuzz or any content on Fuzz, or features that enforce

limitations on the use of Fuzz or any content on Fuzz;

(k) Use any scraper, spider, robot or other automated means of any kind to

access Fuzz, except and solely to the extent permitted by these Terms and the

features of Fuzz, deep-link to any feature or content on Fuzz, bypass our robot

exclusion headers or other measures we may use to prevent or restrict access to

Fuzz;

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(l) Interfere with or disrupt Fuzz, networks or servers connected to Fuzz or

violate the regulations, policies or procedures of such networks or servers;

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

(n) Solicit, encourage or permit any persons to engage in, or assist any

persons in engaging in any, of the activities described above.

9. DISCLAIMER

YOU UNDERSTAND THAT WHEN USING FUZZ, YOU MAY BE EXPOSED TO

PRODUCTS, PHOTOGRAPHS, ALBUM ARTWORK, MESSAGES, AND USER

CONTENT FROM A VARIETY OF SOURCES, AND THAT WE ARE NOT

RESPONSIBLE FOR THE ACCURACY, INTEGRITY, QUALITY, LEGALITY,

USEFULNESS, SAFETY OR INTELLECTUAL PROPERTY RIGHTS OF OR

RELATING TO SUCH MATERIALS. YOU FURTHER UNDERSTAND AND

ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO PRODUCTS,

PHOTOGRAPHS, ALBUM ARTWORK, MESSAGES, AND USER CONTENT

THAT ARE INACCURATE, OFFENSIVE, INDECENT, OR OBJECTIONABLE,AND YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR

EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST US

WITH RESPECT THERETO. UNDER NO CIRCUMSTANCES WILL WE BE

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 OR

OMISSIONS IN ANY USER CONTENT, OR FOR ANY LOSS OR DAMAGE OF

ANY KIND INCURRED AS A RESULT OF THE USE OF ANY PRODUCTS,

PHOTOGRAPHS, ALBUM ARTWORK, MESSAGES, AND USER CONTENT

POSTED, E-MAILED, UPLOADED OR OTHERWISE DISPLAYED,

PERFORMED OR TRANSMITTED VIA FUZZ. BY ACCESSING OR USING

ANY PRODUCTS, PHOTOGRAPHS, SKETCHINGS, ARTWORK, MESSAGES,

AND USER CONTENT TRANSMITTED ON OR THROUGH FUZZ, YOU WAIVE

ANY AND ALL CLAIMS AGAINST US THAT YOU MAY HAVE ARISING OUT

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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 Fuzz, including,

without limitation, any text, software, graphics, photos, sounds, music, videos

and interactive features, but excluding User Content, may be protected by

copyright or other intellectual property rights and owned by us or our third party

licensors. No material made available on or through Fuzz 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 Fuzz, including, but not limited to, User Content, for any other

purpose, including, without limitation, any commercial purpose, is a violation of

our copyrights and other proprietary rights or those of our licensors, unless you

have obtained express written authorization to the contrary. All design rights,

databases and compilation and other intellectual property rights, in each case

whether registered or unregistered, and related goodwill are proprietary to us.

10.2 Trademarks. All trademarks, service marks, logos and trade names on

Fuzz, whether registered or unregistered, are proprietary to us or to othercompanies where so indicated. You may not reproduce, download or otherwise

use any such trademarks, service marks, logos or trade names without the prior

written consent of the appropriate owner thereof.

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

11. LINKS TO THIRD PARTY SITES

11.1 As you use Fuzz you may notice links to Third-Party Sites. These links

are for convenience only. If you use these links, you will leave Fuzz. Certain of

these Third-Party Sites may make use of our proprietary intellectual property

rights (such as copyrights, trademarks, service marks, logos and trade names)

under license from us. We are not responsible for the availability or content of

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these Third-Party Sites or for any viruses or other damaging elements

encountered in linking to a Third Party Site, whether or not we are affiliated with

the owners of such Third-Party Sites. In addition, the provisioning of these links

to Third-Party Sites is not an endorsement or approval by us of the organizations

sponsoring such Third-Party Sites or their products or services. These Terms donot apply to Third-Party Sites, and you should review applicable terms and

policies, including any relevant privacy policies, associated with any Third-Party

Sites, applications, software or services.

11.2 YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE FOR

ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF

ANY SUCH DEALINGS YOU MAY HAVE ON OR THROUGH A THIRD PARTY

SITE OR AS THE RESULT OF THE PRESENCE OF ANY THIRD PARTY

ADVERTISING ON FUZZ.

12. INDEMNITY

You agree to indemnify, defend, and hold us (and our parent, subsidiaries,

affiliates, investors, sublicensees or any related companies, licensors and

suppliers, and their respective directors, officers, employees, agents,

representatives, contractors, and assigns) and other users of Fuzz who use anyUser Content you upload to or make available on Fuzz, harmless from all

damages, injuries, liabilities, costs, fees and 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 Fuzz; (2) your User Content, including our or any user's Use of

your User Content consistent with these Terms; (3) your breach or other violation

of these Terms, including any representations, warranties and covenants herein;

or (4) your violation of the rights of any other person or entity, including, but not

limited to, claims that any User Content infringes or violates any third-party

intellectual property rights or other proprietary rights (collectively, Expenses).

Notwithstanding the foregoing, we reserve the right, at your expense, to assume

the exclusive defense and control of any matter for which you are required to

indemnify us if we, in our reasonable discretion, concludes that you are not

adequately protecting our interests or are incapable of protecting our interests,

and you agree to cooperate with our defense of these claims. You agree not to

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settle any matter without our prior written consent. We will use reasonable

efforts to notify you of any such claim, action or proceeding upon becoming

aware of it.

13. DISCLAIMERS

13.1 FUZZ, OUR PRODUCTS, USER CONTENT, AND ANY THIRD-PARTY

CONTENT, SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE

ON OR THROUGH OR IN RELATION TO FUZZ, ARE PROVIDED ON AN "AS

IS," "AS AVAILABLE," "WITH ALL FAULTS" BASIS WITHOUT

REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS

OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IN TERMS OF

CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.

13.2 TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO

APPLICABLE LAW, WE AND OUR AFFILIATES, PARTNERS, LICENSORS,

AND SUPPLIERS HEREBY DISCLAIM ALL EXPRESS, IMPLIED AND

STATUTORY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED

TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A

PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ADVICE OR

INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM

US, OR FROM OUR EMPLOYEE OR REPRESENTATIVE OR THROUGH FUZZWILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WE

AND OUR AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS DO NOT

WARRANT THAT FUZZ OR ANY PART THEREOF, OR ANY PRODUCTS OR

CONTENT OFFERED THROUGH FUZZ, WILL BE UNINTERRUPTED, OR

FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND

DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD,

OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH

FUZZ OR ANY ASSOCIATED SITES OR APPLICATIONS AT YOUR OWN

DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE

FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER

SYSTEM USED IN CONNECTION WITH FUZZ) OR LOSS OF DATA THAT

RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.

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14. LIMITATION OF LIABILITY

IN NO EVENT WILL WE (OR OUR OFFICERS, DIRECTORS, LICENSORS OR

SUPPLIERS) BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT,SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN

CONNECTION WITH: (1) THE USE OR ACCESS OF OR INABILITY TO USE

OR ACCESS FUZZ; (2) ANY PRODUCTS ADVERTISED, PROMOTED OR

DISPLAYED ON FUZZ; AND (3) CONTENT (INCLUDING USER CONTENT)

MADE AVALIABLE THROUGH FUZZ, IN EACH INSTANCE, INCLUDING,

WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION,

OR OTHERWISE, WHETHER BASED IN TORT, CONTRACT OR OTHER

LEGAL THEORY, EVEN IF WE OR OUR LICENSORS OR SUPPLIERS ARE

EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO

EVENT SHALL WE OR OUR LICENSORS OR SUPPLIERS BE LIABLE IN THE

AGGREGATE FOR ANY DAMAGES INCURRED BY YOU THAT EXCEED THE

GREATER OF (A) ONE HUNDRED DOLLARS OR (B) THE AMOUNT OF FEES

YOU HAVE PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING

RISE TO THE LIABILITY.

15. LIMITATIONS; BASIS OF THE BARGAIN

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF

LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE

ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH

CASES, YOU AGREE THAT BECAUSE SUCH WARRANTY DISCLAIMERS

AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR

ALLOCATION OF RISK BETWEEN YOU AND US, AND ARE FUNDAMENTAL

ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US, OUR

LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY

LAW. YOU UNDERSTAND AND AGREE THAT WE WOULD NOT BE ABLE TO

OFFER FUZZ TO YOU ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT

THESE LIMITATIONS.

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16. TERM AND TERMINATION

16.1 Term. These Terms, as amended, will be effective commencing with your

first use or registration for Fuzz and will remain in full force and effect throughout

your use of Fuzz.

16.2 Termination by us. We may terminate your use of Fuzz or any of our

features or services at any time and for any reason, with or without notice, for

conduct violating these Terms or upon our sole determination, without liability to

you. You hereby agree to our broad right of termination. You agree that if your

use of Fuzz is terminated pursuant to these Terms, you will not attempt to use

Fuzz under any name, real or assumed, and further agree that if you violate this

restriction after being terminated, you will indemnify and hold us harmless from

any and all liability that we may incur therefor. Upon our termination of your use

of Fuzz, we may, but shall not be required to, delete any of your User Content

and/or Internet Radio Content available on or through Fuzz and terminate your

access to such content if those materials remain on Fuzz, without any liability to

you.

16.3 Termination by You. You are free to terminate your use of Fuzz at any

time. You can simply choose to stop visiting or using any aspect of Fuzz. If you

wish to terminate your account on Fuzz, you may do so by sending an e-mail [email protected] or using any other account termination functionality that may

be offered through Fuzz.

17. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT

OR OTHER INTELLECTUAL PROPERTY INFRINGEMENTS

17.1 We respect the intellectual property of others and take the protection of

copyrights and all other intellectual property very seriously, and we ask our users

to do the same. Infringing activity will not be tolerated on or through Fuzz.

17.2 Our intellectual property policy is to (a) remove material that we believe in

good faith, upon notice from an intellectual property owner or their agent, is

infringing the intellectual property of a third party by being made available
mailto:[email protected]:[email protected]

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through Fuzz, and (b) remove any User Content posted to Fuzz by "repeat

infringers." We consider a "repeat infringer" to be any user that has uploaded

User Content to Fuzz and for whom we have received more than two takedown

notices compliant with the provisions of 17 U.S.C. 512(c) with respect to such

User Content. We have discretion, however, to terminate the account of anyuser after receipt of a single notification of claimed infringement or upon our own

determination.

17.3 Procedure for Reporting Claimed Infringement.

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

been used or exploited in a manner that infringes an intellectual property right

you own or control, then please promptly send a "Notification of Claimed

Infringement" containing the following information to the Designated Agent

identified below. Your communication must include substantially the following:

(i) A physical or electronic signature of a person authorized to act on behalf

of the owner of the work(s) that has/have been allegedly infringed;

(ii) Identification of works or materials being infringed, or, if multiple works are

covered by a single notification, a representative list of such works;

(iii) Identification of the specific material that is claimed to be infringing or to

be the subject of infringing activity and that is to be removed or access to which

is to be disabled, and information reasonably sufficient to permit us to locate the

material;

(iv) Information reasonably sufficient to permit us to contact you, such as an

address, telephone number, and, if available, an email address at which you may

be contacted;

(v) A statement that you have a good faith belief that the use of the material in

the manner complained of is not authorized by the copyright owner, its agent, or

the law; and

(vi) A statement that the information in the notification is accurate, and under

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penalty of perjury, that you are authorized to act on behalf of the owner of an

exclusive right that is allegedly infringed.

You should consult with your own lawyer and/or see 17 U.S.C. 512 to confirm

your obligations to provide a valid notice of claimed infringement.

17.4 Designated Agent Contact Information. Our Designated Agent for notices

of claimed infringement can be contacted at:

Via E-mail: [email protected]

Via U.S. Mail:

Feed Media Inc.

Mission Tower Two

3979 Freedom Circle, Suite 610

Santa Clara, CA 95054

Attn: Copyright Agent

17.5 Counter Notification.

(a) If you receive a notification from us that material made available by you on

or through Fuzz has been the subject of a Notification of Claimed Infringement,then you will have the right to provide us with what is called a "Counter

Notification." To be effective, a Counter Notification must be in writing, provided

to our Designated Agent through through U.S. Mail or email as set forth in

Section 17.4, and include substantially the following information:

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

(ii) Identification of the material that has been removed or to which access

has been disabled and the location at which the material appeared before it was

removed or access to it was disabled;

(iii) A statement under penalty of perjury that the subscriber has a good faith

belief that the material was removed or disabled as a result of mistake or

misidentification of the material to be removed or disabled; and

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(iv) The subscriber's name, address, and telephone number, and a statement

that the subscriber consents to the jurisdiction of Federal District Court for the

judicial district in which the address is located, or if the subscriber's address is

outside of the United States, for any judicial district in which we may be found,and that the subscriber will accept service of process from the person who

provided notification under Section 17.3 above or an agent of such person.

A party submitting a Counter Notification should consult a lawyer or see 17

U.S.C. 512 to confirm the party's obligations to provide a valid counter

notification under the Copyright Act.

17.6 False Notifications of Claimed Infringement or Counter Notifications. 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 activity is infringing, or (2)

that material or activity was removed or disabled by mistake or misidentification,

shall be liable for any damages, including costs and attorneys' fees, incurred by

the alleged infringer, by any copyright owner or copyright owner's authorized

licensee, or by a service provider, who is injured by such misrepresentation, as

the result of [our] relying upon such misrepresentation in removing or disablingaccess to the material or activity claimed to be infringing, or in replacing the

removed material or ceasing to disable access to it.

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

We reserve the right to seek damages from any party that submits a notification

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

For the avoidance of doubt, only notices submitted under the Digital Millennium

Copyright Act and the procedures set forth in this Section 17 should be sent to

the Designated Agent at [email protected] or to the postal address identified

above. Any other comments, compliments, complaints or suggestions about the

Site, the operation of Fuzz or any other matter should be sent to [email protected].

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18. PRIVACY

Use of Fuzz is governed by our Privacy Policy, which policy is hereby

incorporated into these Terms by reference.

19. JURISDICTIONAL ISSUES

The Site and Fuzz is controlled and operated by us from our offices within the

States of California. We make no representation that materials on Fuzz is

appropriate or available for use in other locations. Those who choose to access

or use Fuzz from other locations, including from outside the United States of

America, do so on their own initiative and are responsible for compliance with

local laws, if and to the extent local laws are applicable. Access to Fuzz from

jurisdictions where the contents or practices of Fuzz 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 US, AND EACH OF OUR RESPECTIVE SUBSIDIARIES,

AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, AND

PERMITTED ASSIGNS AGREE TO ARBITRATION (EXCEPT FOR MATTERS

THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE

FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW,

FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO

THESE TERMS OR YOUR USE OF FUZZ. Arbitration is more informal than a

lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury,

allows for more limited discovery than in court, and is subject to very limited

review by courts. Arbitrators can award the same damages and relief that a

court can award. Please visit www.adr.org for more information about arbitration.

(a) Commencing Arbitration. A party who intends to seek arbitration must first

send to the other, by certified mail, a written notice of intent to arbitrate (a

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"Notice"), or, in the absence of a mailing address provided by you to us, to you

via any other method available to us, including via e-mail. The Notice to us

should be addressed to: Feed Media Inc., at the address set forth in Section 12

herein (the "Arbitration Notice Address"). The Notice must (i) describe the nature

and basis of the claim or dispute; and (ii) set forth the specific relief sought (the"Demand"). If we do not reach an agreement with you to resolve the claim within

30 days after the Notice is received, you or we may commence an arbitration

proceeding as set forth below or file a claim in small claims court. THE

ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN

ARBITRATION ASSOCIATION ("AAA") IN ACCORDANCE WITH ITS

COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY

PROCEDURES FOR CONSUMER RELATED DISPUTES (THE "Rules"), AS

MODIFIED BY THIS AGREEMENT. The Rules and AAA forms are available

online at www.adr.org or by calling the AAA at 1-800-778-7879, or by writing to

the Notice Address. If you are required to pay a filing fee to commence an

arbitration against us, then we will promptly reimburse you for your confirmed

payment of the filing fee upon our receipt of Notice at the Arbitration Notice

Address that you have commenced arbitration along with a receipt evidencing

payment of the filing fee, unless your Demand is equal to or greater than $1,000,

in which case you are solely responsible for the payment of the filing fee.

(b) Arbitration Proceeding. The arbitration shall be conducted in the Englishlanguage. A single independent and impartial arbitrator shall be appointed

pursuant to the Rules, as modified herein. You agree, and we agree, to comply

with the following rules, which are intended to streamline the dispute resolution

process and reduce the costs and burdens on the parties: (i) the arbitration shall

be conducted by telephone, online and/or be solely based on written

submissions, the specific manner to be chosen by the party initiating the

arbitration; (ii) the arbitration shall not require any personal appearance by the

parties or witnesses unless otherwise mutually agreed in writing by the parties;

and (iii) any judgment on the award rendered by the arbitrator may be entered in

any court of competent jurisdiction.

(c) No Class Actions. YOU AND WE AGREE THAT YOU AND WE MAY

BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL

CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY

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PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER,

YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE

PROCEEDINGS OF MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT

OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR

CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISO IS FOUNDTO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY

ARBITRATION 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 the date the

arbitrator is appointed. The arbitrator may extend this time limit for an additional

30 days in the interests of justice (to a maximum of 150 days). All arbitration

proceedings shall be closed to the public and confidential and all records relating

thereto shall be permanently sealed, except as necessary to obtain court

confirmation of the arbitration award. The award of the arbitrator shall be in

writing and shall include a statement setting forth the reasons for the disposition

of any claim. The arbitrator shall apply the laws of the State of California in

conducting the arbitration. You acknowledge that these terms and your use of

Fuzz evidences a transaction involving interstate commerce. The United States

Federal Arbitration Act shall govern the interpretation, enforcement, and

proceedings pursuant to the Mandatory Arbitration clause in these Terms.

20.2 These Terms and your use of Fuzz shall be governed by the substantive

laws of the State of California without reference to its choice or conflicts of law

principles. Only if the Mandatory Arbitration clause is deemed to be null and

void, then all disputes arising between you and us under these Terms shall be

subject to the exclusive jurisdiction of the state and federal courts located in the

San Francisco, California, and you, and we, hereby submit to the personal

jurisdiction and venue of these courts.

20.3 Equitable Relief. The foregoing provisions of this Dispute Resolution

section do not apply to any claim in which we seek equitable relief of any kind.

You acknowledge that, in the event of a breach of these Terms by us 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 us, including with respect to any

Content, and your only remedy shall be for monetary damages, subject to the

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limitations of liability set forth in these Terms.

20.4 Claims. You agree, and we agree, that, notwithstanding any other rights

the party may have under law or equity, any cause of action arising out of or

related to these Terms or Fuzz, excluding a claim for indemnification, mustcommence within one year after the cause of action accrues. Otherwise, such

cause of action is permanently barred.

20.5 Improperly Filed Claims. All claims you bring against us must be resolved

in accordance with this Dispute Resolution section. All claims filed or brought

contrary to this Dispute Resolution section shall be considered improperly filed.

Should you file a claim contrary to this Dispute Resolution section, we may

recover attorneys' fees and costs up to $5,000, provided that we have notified

you in writing of the improperly filed claim, and you have failed to promptly

withdraw the claim.

21. MISCELLANEOUS

21.1 Waiver. A provision of these Terms may be waived only by a written

instrument executed by the party entitled to the benefit of such provision. Our

failure to exercise or enforce any right or provision of these Terms will notconstitute a waiver of such right or provision

21.2 Severability. If any provision of these Terms shall be unlawful, void, or for

any reason unenforceable, then that provision shall be deemed severable from

these Terms and shall not affect the validity and enforceability of any remaining

provisions.

21.3 Assignment. These Terms, and any rights and licenses granted

hereunder, may not be transferred or assigned by you, but may be assigned by

us without restriction. Any assignment attempted to be made by you in violation

of these Terms shall be void. These Terms will be binding upon and inure to the

benefit of the parties hereto, and permitted successors and assigns.

21.4 No Agency. You agree that no joint venture, partnership, employment, or

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agency relationship exists between you and us as a result of these Terms or use

of Fuzz. You further acknowledge that by submitting Content, no confidential,

fiduciary, contractually implied or other relationship is created between you and

us other than pursuant to these Terms.

21.5 Survival. The provisions of these Terms that are intended to survive the

termination of these Terms by their nature will survive the termination of these

Terms, including, but not limited to, Sections 4 (Service Security), 5 (Materials

Submitted to Fuzz; License Grant from You to Us), 7.4 (License Grant for Chat

Room Postings), 8 (Other Prohibited Activities), 9 (Disclaimer of User Content),

10 (Intellectual Property Rights), 11 (Links to Third-Party Sites), 12 (Indemnity),

13 (Disclaimers), 14 (Limitation of Liability), 15 (Limitations; Basis of the

Bargain), 18 (Privacy), 20 (Dispute Resolution), and 21 (Miscellaneous).

21.6 Headings. The heading references herein are for convenience purposes

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 and us

relating to the subject matter herein and supersedes all previous

communications, representations, understandings and agreements, either oral or

written, between the parties with respect to said subject matter. These Termsshall not be modified except in a writing, signed by both parties, or by a change

to these Terms made by us as authorized 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 to the foregoing

address or by e-mailing us at [email protected]. If you are a California resident,

you may have these Terms mailed to you electronically by sending a letter to the

foregoing address with your email address and a request for these Terms.

fuzz terms of use 2012-06-01

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