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

These terms and conditions regarding your use of the Site constitute a legally binding agreement ("agreement") between you and MTV Asia LDC ("MTVA", "we", "us" or "our"). In this agreement, the terms "Site" or "Web Site" includes all web sites and web pages within MTVAsia.com as well as any equivalent, mirror, replacement, substitute or backup web sites and web pages thereto and thereof. The Site may also contain links or references to additional rules, policies and terms which may apply to specific features or functions of the Site and when you use those features or functions, those rules, policies and terms will also apply to you and form a part of these terms and conditions, and consequently, your agreement with us.

Please discontinue using the Site immediately, or if, for any reason, you do not agree with all of the terms and conditions contained in this agreement, please discontinue using the Site immediately, because by using or attempting to use the Site, you are agreeing to be legally bound by this agreement.

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

1. REGISTRATION

We require each user to have a unique user name and password combination in order to use the features and functions of the Site and we may, from time to time, also provide users with additional codes or passwords necessary to perform certain functions on the Site. Please read our Privacy Statement, which describes how we collect and use your personal information. You will then 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 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. During registration (and possibly at certain other times to enable your use of other features or functions or for security purposes), you will be required to register and provide us with certain information about you ("User Information"), in order for us to allow you to use the features and functions of the Site, including chat rooms, message boards, electronic mail services, messaging services, registration and member profile pages.

It is your responsibility to give us current, complete, truthful and accurate information and to keep the information that you provide to us up to date. We cannot and will not be responsible for any problems or liability that may arise if you do not give us accurate, truthful or complete information or you fail to update the information you give us. Please read our Privacy Statement, which describes how MTVA collects and uses your personal information. Minors are required to have parental or legal guardian consent to register as a member of this Site, unless otherwise stated under the minor's applicable jurisdictional laws.

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

We have the right to disclose your User Information to third parties for the purpose of administering and maintaining services on the Site. We respect the privacy of the contents of users' e-mail and messages (collectively, "Messages"); however, we reserve the right to monitor, edit or disclose any information about your use of the services on the Site and/or such contents, if we believe such action is required by law or is necessary to protect and defend our rights, to enforce this agreement, or to protect the interests of our members and others.

The amount of storage space per user is limited. Some Messages may not be processed due to space constraints or outbound message limitations. We assume no responsibility for deletion of Messages or any failure to store, receive or deliver Messages in a timely manner or any other matter relating to Messages.

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 changes on the Site and we may also e-mail you about these changes. Once we post them on the Site, these changes become effective immediately and if you use the Site after they become effective it will signify your agreement to be bound by the changes. You should check back frequently and review the terms and conditions of this agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us.

3. OWNERSHIP OF INTELLECTUAL PROPERTY

All Site software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, database, proprietary information and all copyrightable or otherwise legally protectible elements of the Site, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, "Material"), are the property of MTVA, its subsidiaries, affiliates, licensors or suppliers and are legally protected, without limitation, under Singapore, as well as applicable foreign, laws, regulations and treaties. Unless the context clearly requires otherwise or we explicitly say so in writing, the term "Site" includes "Material" as well. The Site is to be used solely for your noncommercial and personal use and for no other purposes. You must not alter, delete or conceal any copyright or other notices contained on the Site, including notices on any Material you download, transmit, print or reproduce from the Site. You shall not reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party web site), or otherwise use, any Material without the express prior written consent of MTVA or its owner if MTVA is not the owner. Any unauthorized or prohibited use of any Material, may subject you to civil liability or criminal prosecution, or both, under applicable federal and state laws.

We require users to respect our copyrights and other intellectual property rights. We likewise respect the intellectual property of others. On notice, we will act expeditiously to remove content on the Site that infringes the copyright rights of others and will disable the access to the Site and its services of anyone who uses them to repeatedly infringe the intellectual property rights of others. If you believe that the Site contains elements that infringe your copyrights in your work, please email us at contactus@mtvasia.com.

4. ADVERTISING

From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (e.g., advertisers) as a result of your use of the Site. All such communication, interaction and participation is strictly and solely between you and such third party and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the third party or any goods or services you may purchase or obtain from any third party).

5. RULES OF CONDUCT

Your use of the Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. You shall not use, allow enable others to use the Site, or knowingly condone use of this Site by others, in any manner that is, attempts to, or is likely to:

be, libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually, racially, culturally, ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory or abusive or which may or may appear to, impersonate anyone else; 
affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site; 
send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming"; 
be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for a charge or through linking with any other web site or web pages; 
transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses or other potentially harmful programs or other material or information; 
violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the Site, other users' accounts, names, passwords, User Information or other computers, web sites or pages, connected or linked to the Site or to use the Site in any manner which violates or is inconsistent with the terms and conditions of this agreement; 
modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights or use and enjoyment of the Site by any other person, firm or enterprise; or 
collect, obtain, compile, gather, transmit, reproduce, view or display any information, whether personally identifiable or not, concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so. 
create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message, or otherwise falsify or misrepresent any material with regards to any matter whatsoever; 
breach or violate, but will instead comply with all requirements, terms, regulations, policies and procedures of any system, network or other world wide web / WAP pages or sites connected, whether directly or indirectly, to this Site; or 
take any action, or make any claim against MTVA in connection with any messages, images, audio or video tracks or other material that you may submit, and you agree to indemnify MTVA against any claim, action, loss, damage and costs (including reasonable attorney's fees) which MTVA may suffer in connection with any such material you submit.

You acknowledge that MTVA does not control, monitor or pre-view any content posted via users of the Site and as such, does not guarantee the accuracy, integrity or quality of such content. By using the Site, Materials or other functions or services available on the Site ('Services'), you acknowledge that you may be exposed to content that is offensive or objectionable. Under no circumstances shall MTVA be liable in any way for any content or any injury, loss or damage incurred as a result of using any content posted, e-mailed or otherwise transmitted via the Site, Materials or Services. You further acknowledge however, that MTVA shall have the right (but not the obligation) to refuse, remove or modify any content available on or via the Site, Materials or Services.

6. DISCLAIMER AND LIMITATIONS OF LIABILITY

THIS SITE, AND ALL MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, MTVA is not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site. As between you and MTVA you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Site, including, without limitation, Postings and Materials associated with your use of the Site.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER MTVA NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES OR SUPPLIERS SHALL BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.

You further understand and acknowledge the capacity of the Site, in the aggregate and for each user, is limited. Consequently some messages and transmissions may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that MTVA assumes no liability, responsibility or obligation to transmit, process, store, receive or deliver Postings or for any failure or delay associated with any Postings and you are hereby expressly advised not to rely upon the timeliness or performance of the Site for any Postings.

Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in this agreement may not apply to you.

7. POSTINGS

Portions of this Site provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to us, the Site or others ("Post" or "Postings"). Postings do not reflect the views of MTVA and MTVA does not monitor, endorse, edit or screen any Postings, nor shall MTVA be liable for any Posting that is in violation of this agreement. In no event shall MTVA have or be construed to have any responsibility or liability for or in connection with any Posting whatsoever; however, if we determine, in our sole discretion and judgment, that any Posting does or may violate any of the terms of this agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this agreement, at law or in equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your right to use the Site; and/or (d) use any technological, legal, operational or other means available to MTVA to enforce the provisions of this agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on mtvasia.com.

If a Posting originates from you or your account, you hereby agree that: (a) you are placing the Posting in the public domain without reservation of any rights or further control over the Posting or its use and you specifically authorize MTVA to use such Posting in whole or in part, throughout the universe, in perpetuity in or on any and all media, now known or hereafter devised, and alone or together or as part of other information, content and/or material of any kind or nature; (b) you represent and warrant that (i) the Posting is original to you or fully cleared for use as contemplated herein, (ii) the Posting does and will not, in any way, violate or breach any of the terms of this agreement, (iii) the Posting does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any federal or state statute or regulation, (iv) the Posting is not obscene or in any other manner unlawful, (v) the Posting shall not be injurious to the health of the user, and (vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting; (c) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that you have the right to place such Posting in the public domain and grant MTVA the right to use such Posting as described above; and (d) MTVA has the right to delete, re-format and/or change your Posting in any manner that MTVA may determine (although you will not be responsible for any changes made by MTVA).

Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.

If you believe that any content on the Site (including, without limitation, Postings) violates any of the terms of this agreement, please click here to send us a message about it. We will not respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.

8. CONTESTS AND PROMOTIONS

From time to time, MTVA or its suppliers and advertisers may conduct promotions on or through the Site, including, without limitation, auctions, contests and sweepstakes ("Promotions"). Each Promotion will have additional terms, conditions and rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of this agreement (the "Rules"). If any conflict arises between this agreement and the Rules, the Rules shall govern for purposes of your participation or involvement in the Promotion to which the Rules relate.

9. HYPERLINKS TO THIRD PARTY SITES

The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Site or any other form of link or re-direction of your connection to, with or through the Site, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of, MTVA or any of its subsidiaries, affiliates, agents, representatives, licensors or suppliers. MTVA does not verify, endorse, or have any responsibility for any such third party sites, nor for any goods or services associated with or obtained in connection with any such site. If any third party site obtains or collects personally identifiable information from you, in no event shall MTVA assume or have any responsibility or liability. Please read our Privacy Statement, which describes how MTVA collects and uses your personal information.

10. INDEMNIFICATION

You agree to indemnify, defend and hold MTVA, its subsidiaries and affiliates, and their respective officers, directors, employees, agents, licensors, representatives and suppliers, harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this agreement by you. MTVA reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with MTVA in the defense of any such claim, action, settlement or compromise negotiations, as requested by MTVA.

11. PRIVACY

MTVA respects your privacy and the use and protection of the personal information (including any personal information you provide as part of the User Information you give us). Please see our Privacy Statement for important information and disclosures relating to the collection and use of your personally identifiable information in connection with your use of the Site.

12. TERMINATION / ACCESS RESTRICTION

MTVA reserves the right, at our sole discretion, to terminate your access to this Site or to any other Site operated by MTVA and/or any of its affiliated, subsidiary or related companies and any related Materials or Services or any portion thereof at any time, without notice. MTVA shall have no obligation to maintain, return or forward any content, messages, postings or other material submitted by you to us or posted on this Site.

13. GOVERNING LAW

The terms of this Agreement shall be governed by the laws of the Republic of Singapore.

14. COPYRIGHT & TRADEMARK NOTICES

The "MTV: MUSIC TELEVISIONTM" name, trademark and logo, and all related names, trademarks, titles and/or logos are trademarks of MTV Networks, a division of Viacom International Inc. and/or MTV Asia LDC.

We are committed to protecting our users' privacy. Keeping the information you share with us on the Site secure and ensuring your understanding of how we collect, use and maintain your information is important to us at MTV Asia. We maintain physical, electronic and procedural safeguards to protect your information and while no data transmission over the Internet is 100% secure from intrusion, we have used and will continue to use commercially reasonable efforts to ensure the protection of your information. We continually assess new technology for protecting information and, when appropriate, we upgrade our information security systems. 
Because of its importance and to make it easier for you to find and review it, we have made this Privacy Statement into a separate document on the Site. However, bear in mind it is a part of our agreement with you and the terms and conditions contained in our Terms of Use describe how and when we may make changes to these statements and terms, and how they become binding upon you. We again remind you to check back here and to our Terms of Use often to be sure you remain mindful of the terms and conditions that apply to you when you use the Site.

Disclosure (General): Although your privacy is very important to us, in this legal and technical environment, we cannot fully ensure that your personally identifiable information will not be disclosed to third parties. Please see "Disclosure to Third Parties," below, for more information.

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

the kinds of information we collect from users of the Site and how that information is collected; 
how we use the information; 
the circumstances under which we disclose information to third parties; 
how you can access, update or delete any information collected about you by us; and 
the mechanisms we have implemented to protect your personally identifiable information. 
You can visit the Site and learn about our company and its Products, as well as certain goods and services available from our advertisers and suppliers. 
Personally Identifiable Information: When we use the term "personally identifiable information" we mean information such as your full name, street address, town or city, state, zip code, telephone number, date of birth, e-mail address and any other information that would allow someone to identify you or contact you.

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

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

Some features and functions of the Site require you to register or obtain our permission before you can use them - for security, identification and marketing reasons, among others - and as part of that process we may ask you to provide us with certain personally identifiable information. In addition, during the registration process we will also ask you to select (or we may provide) a user ID and password (we will allow you to change your password, as well as any personally identifiable information you have given us in order to keep this information current). Among other things, this information helps us securely identify you as a registered or permitted user of those features and functions.

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

If you are a registered user, you also acknowledge, understand and hereby agree that you are giving us your consent to track your activities and your use of the Site and its functions and features, in connection with your registration and use of the Site.

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

keeping count of your return visits to the Site or our advertisers' or partners' sites; 
accumulating and reporting aggregate, statistical information in connection with the Site; 
determining which features users like best; and 
saving your user ID, or other information so you don't have to re-enter it each time you visit the Site. 
Third Parties on our Site: Our Site may contain advertisements, references and links to other websites and organizations. We may also use third parties to display or serve advertising on the Site and our web-based newsletters. Often these third party advertising companies employ cookie and web bug technologies to measure advertising effectiveness. You should be aware that different rules may apply to the collection, use or disclosure of your information by third parties in connection with their advertisements, promotions and other web sites you encounter on the Internet. The use of such technology by these third parties is within their control and not ours, and even if we have a relationship with the third party, we do not control those sites or their policies and practices regarding your information and we encourage you to investigate and ask questions directly of them in this regard. 
Disclosure to Third Parties: Except as described in this Privacy Statement, MTV Asia uses good faith efforts not to provide third parties with access to your personally identifiable information. We will, however, make your personally identifiable information available to others:

When we have your consent (you "opt in") to do so, in which case their use of your information is subject to their own privacy policies; 
When we have retained companies to work with or on behalf of MTV Asia to provide Products, goods or services that you have requested; 
When you use co-branded services - in which case you are giving us permission to pass any personally identifiable information you provide in the context of our co-branding and marketing relationship, back to our co-branding partner. Their use of your information is subject to their own privacy policies; 
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); 
if we believe your actions violate any law, regulation, our Terms of Use or any of our guidelines for promotions, Product offerings or any other features or functions of the Site, or if you threaten the rights, property or safety of MTV Asia, its suppliers, advertisers, other customers or users, or any other party; 
as and when we, in our sole discretion, believe such disclosure to be necessary or appropriate to investigate or resolve possible problems or inquiries, to protect our business and assets, to defend our interests and/or to comply with our legal and regulatory obligations; or 
in the event of a bankruptcy, or a merger, acquisition, joint venture or other business combination involving us. 
It is also possible that third parties may unlawfully intercept or access transmissions or private communications. 
We do not sell or market your personally identifiable information to unaffiliated organizations.

Some of the aggregate customer data we collect may be shared with advertising companies in order to enhance and improve the operation and relevance of the Site, but we do not give any personally identifiable information to them as part of this relationship. Use of their tracking technology is subject to their own privacy policies.

Communications from Us: If you provide us with your e-mail address and telephone number, we may send you an e-mail or call you if you're shortlisted to win or have won our contests.

Summary: Our privacy guidelines are designed to ensure that we:

collect and use your personally identifiable information only as necessary to deliver high quality service, to administer our business and to let you know of goods and services that are available from our family of companies; 
protect the personally identifiable information the Site's users share with us, maintaining strict standards of security and confidentiality. In this regard we even limit access by our own employees to those individuals who are trained and advised in the proper handling of such information and any employee found violating our standards of security and confidentiality will be subject to our disciplinary processes; 
not disclose your personally identifiable information to any external organization, except as we have described in this Privacy Statement or unless we have previously obtained your consent ("opt in"); 
require any other organization that we retain or engage to provide services for us, to conform to our privacy standards and to allow us to audit them for compliance; 
exchange information about you and carry out credit approvals or checks necessary for your purchases of Products from us, to prevent fraud and any other activities we may be required to monitor and report under applicable laws and regulations; and 
make every effort to keep your personally identifiable information complete, up to date, and accurate based on the information you provide us. Our Site provides a convenient and easy to use mechanism to allow you to access and update the personally identifiable information you give us. 
Sole Statement: This privacy statement is the sole statement of MTV Asia's privacy policy with respect to the Site, and no summary, restatement or other version thereof, or other privacy statement or policy, in any form, including, without limitation, machine-generated, is valid.

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