Data Availability Off-Site Service Guidelines

Dated August 26, 2008

All Off-Site MySpace Services and Off-Site MySpace Service Content must comply with the Service Guidelines listed below as modified from time to time (the "Off-Site Service Guidelines"), the MySpace Agreement and the Off-Site Developer Addendum. These Off-Site Service Guidelines are intended to help you create services that meet the high standards of quality and integrity expected by Users. Off-Site MySpace Services are services provided by a Developer that interface with the MySpace Services through the Off-Site Developer Platform from outside of MySpace Website and will not appear within a MySpace Profile including, without limitation, Linked Sites and desk top and mobile services. These Off-Site Service Guidelines also apply to MySpace Service Content included in or provided through or in connection with an Off-Site MySpace Service.

These Off-Site Service Guidelines are not exhaustive and are only examples of the applicable requirements and conditions for Off-Site MySpace Services and Off-Site MySpace Service Content. Capitalized terms used in these Off-Site Service Guidelines but not defined shall have the meaning assigned to them in the Off-Site Developer Addendum.

MySpace reserves the right to request modifications to, reject or deny access to any Off-Site MySpace Services or Off-Site MySpace Service Content, at any time, at its sole discretion.

General Requirements and Restrictions

Accuracy of Information

Off-Site MySpace Services and Off-Site MySpace Service Content must:

• comply with applicable laws, regulations, including FTC guidelines and policies, and must not otherwise be deceptive, misleading, or unfair;
• if containing free offers and discounts, disclose within the Off-Site MySpace Service or Off-Site MySpace Service Content all material terms and conditions relating to the free offer or special discount;
• not promote false or misleading claims;
• not use "bait and switch" advertising; and
• not contain or imply inaccurate affiliation, including but not limited to:
• any affiliation with MySpace.com or any property held by Fox Interactive Media, Inc., for example "MySpace.com special offer," or "Special Offer from Tom;"

Software Downloads & Site Security

Off-Site MySpace Services and Off-Site MySpace Service Content must not:

• other than as explicitly designated in writing by MySpace and in accordance with the MySpace policies set forth at http://developer.myspace.com/community/myspace/dataavailability.aspx, directly, or indirectly, transfer, export, cache, store, or encourage or facilitate the transfer, exportation, caching, storage or proxy of any MDP Content;
• cache any MDP Content for more than twenty-four (24) hours.  If MDP Content is designated so that you may store such content, such content may not be stored for more than twenty-hour (24) hours without being refreshed unless (i) the user to which such content related has revoked permission to your Off-Site MySpace Service or (ii) such content is used as the used identification for the user to which such content relates in which case the content may be stored as the user identification but must otherwise be updated no less than every twenty-four (24) hours if it appears in other use on your Off-Site MySpace Service.
• unless otherwise designated in writing by MySpace, directly, or indirectly, proxy or encourage or facilitate the proxy of any MDP Content;
• include automatic downloads or initiate any download process or sequence, whether of content or browser add-on - except for Flash;
• contain hidden, misleading or harmful functionality; or
• contain any hidden bundled components or otherwise bundle (other than on a clear opt-in basis) any feature or functionality with a user approved download (software commonly considered or classified as AdWare/Spyware; or trigger ActiveX controls).

In addition, Advertisements must not contain any software downloads or download command or dialog boxes.

User Experience / Functionality

Off-Site MySpace Services must:

• use the MySpace OpenSocial APIs and/or the MySpace RESTful APIs to send and receive data to and from MySpace and to perform MySpace functions; and
• use the MySpace age restriction controls which will key off a User's MySpace registered age to confirm a User is of the applicable age to view any restricted content (e.g., dating services are restricted to 18+ and alcohol services are restricted to 21+).

Off-Site MySpace Services and Off-Site MySpace Service Content must not:

• employ flashing, shaking, rolling, pulsing graphics, etc.;
• block or impede browser functionality from working as intended (e.g., "Back" and "Close" functionality must be fully operational);
• feature false or misleading system messaging, warning messages, dialog boxes or error messages;
• contain false or misleading service, system update, or diagnostic messaging;
• contain false or misleading "Close", "Minimize", "Maximize", or other Windows functionality;
• contain or create forms that post to any site on the myspace.com domain;
• request or prompt for a user's MySpace account username or password;
• require payment to use any part of the MDP Content;
• imply any type of association with MySpace (e.g., Tom's Movies apps or MySpace Jane's apps);
• promote or offer "free" content without fully disclosing all terms and conditions to the user;
• interfere or otherwise interact with any of the content on the user's profile page, including other services; or
• contain any type of user tracking or functionality to provide information regarding "who viewed your page" or information related to any user;

MySpace/FIM Logos and Titles

Off-Site MySpace Services and Off-Site MySpace Service Content must not use:

• trademarks or the corporate logo of MySpace or any FIM Property in written format or graphics without first obtaining the prior written consent of MySpace or the applicable FIM Property; or
• the copyrighted materials of, or otherwise mimic or be similar to the look and feel, content, navigation, service messaging or functionality of any FIM Site.

Trademarks/Publicity Rights

Off-Site MySpace Services and Off-Site MySpace Service Content must not:

• violate the privacy rights, publicity rights, copyrights, trademark, contract rights or any other rights of any person; [Note that even if you lawfully possess a copy of the content which you are uploading (e.g., because you purchased a copy of a photo), this alone does not give you the right to lawfully upload this copy to MySpace or an Service.]
• use another person's or entity's trademark, service mark, slogan, logo, brand name, company name or other identifier unless such party grants prior permission or otherwise permitted by law;
• include a photograph or image of another person without that person's consent; or
• contain any type of multi-media unless properly licensed for this specific use.

Content

In addition to the rules and restrictions above, the following is a partial list of guidelines regarding the categories of content, products and services that are illegal or prohibited to post on or through MySpace.com, Off-Site MySpace Services or Off-Site MySpace Service Content.

Prohibited Adult and Sexual Content

Off-Site MySpace Services and Off-Site MySpace Service Content (including Advertising) must not contain or link to nudity, sexually explicit, or illegal images.

Rules Related to Other Sensitive Content

Off-Site MySpace Services and Off-Site MySpace Service Content (including any Advertising) must not contain, reference, promote or link to:

• alcohol content targeted to users under ages 21;
• dating content targeted to users under age 18;
• any advertisements for products or services targeted at users under the age at which such services or products can legally be used;
• references to or promotion of online gambling;
• references to or promotion of prostitution;
• references to or promotion of tobacco or tobacco related products;
• promotion of illegal activities or offers or anything of questionable legality;
• hate speech or otherwise promotes discrimination, violence, or displays defamatory, profane, hateful, or libelous material;
• promotion or glorification human suffering or death, including without limitation rape, torture, cannibalism or violent images;
• offensive or inappropriate language;
• advertising that misrepresents, ridicules, or attacks an individual or group on the basis of age, color, national origin, race, religion, sex, sexual orientation or disability;
• references to or promotion of firearms or parts for firearms, ammunition, brass knuckles, butterfly knives, fireworks or pyrotechnic devices;
• references to or promotion of recreational drugs, including without limitation aids to passing drug tests;
• references to or ads for U.S. immigration (also known as "green card" services);
• references to or ads for fake documents, including without limitation identifications, immigration papers and diplomas or credentials;
• promotion of a prohibited service or service for use in connection with MySpace or any other website which is owned, operated, or controlled by FIM;
• references to or promotion of academic aids, including without limitation "test-taking" or paper-writing services;
• references to or promotion of bulk marketing products used for the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming;
• references to or promotion of counterfeit or imitation designer goods;
• references to or promotion of products that promote false or misleading dietary claims;
• references to or promotion of "miracle cures;"
• references to or promotion of drugs, prescription or otherwise;
• solicitation of funds except by U.S. government-registered charitable organizations;
• references to or promotion of traffic devices, including without limitation radar jamming devices, license plate covers and signal changing devices;
• promotion of an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing "pirated" music or links to "pirated" music files; or
• promote, or otherwise encourage violence from one person towards another, including "hate lists."

Service Communications

Off-Site MySpace Services and Off-Site MySpace Service Content must:

• use only the MySpace OpenSocial API's and/or the MySpace RESTful APIs for any communications with users on MySpace; and
• be clear and truthful when communicating with users and initiating communications between users. The user must be made aware, prior to initiating any action, of both the form and content of that action, whether they are posting to their own profile, sending a comment or message, or posting a bulletin. (e.g., "Share with your friends" is not allowed, but "Post a bulletin to your friends" is acceptable.)

Off-Site MySpace Services and Off-Site MySpace Service Content must not:

• incentivize a user to "opt-in" to share their email address, first and last name to earn prizes, points, virtual money, a ranking, or any benefit within or outside the service.
• send any message, comment, bulletin, notification, paper airplane, or any other form of communication without the user's consent. All communications sent by an app must be displayed in advance to the initiating user, and the user must confirm the action prior to completing the communication;
• incentivize a user to send messages, invitations, bulletins, comments, or any other form of communication to earn prizes, points, virtual money, a ranking, or any benefit within or outside the service;
• make service content or functionality contingent upon sending a message to another user;
• initiate a MySpace messaging form to a user without prompting. Messaging forms may only be presented to a user upon a click to "send Bulletin," "Comments," etc;
• ask a user to send a message, invite, comment or other communication as the first action within the service. Off-Site MySpace Services may not request users to communicate with other uses before the user actually uses that service for its express purpose; or
• force or mislead the user into any communication through the use of confusing user interface, small or hidden "Skip" links, or repetitive attempts to encourage the same action.