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Developer Addendum to MySpace.com Terms of Use Agreement

Dated March 6, 2008

This addendum (“Developer Addendum”) to the MySpace.com Terms of Use Agreement (“MySpace Agreement”) which is available at www.myspace.com/index.cfm?fuseaction=misc.terms as may be updated by MySpace from time to time, will apply in addition to the MySpace Agreement with respect to your use of MySpace’s application development services, including without limitation, the Developer Platform (“Developer Service”). The MySpace Agreement and the Developer Addendum set forth legally binding terms for your use of the Developer Service. Any capitalized terms used in the Developer Addendum but not defined will have the meaning assigned to them in the MySpace Agreement. For the avoidance of doubt, (i) the Developer Service is a “MySpace Service” as defined by the MySpace Agreement and therefore all references to “MySpace Services” in the MySpace Agreement will apply to your use of the Developer Service and (ii) MySpace Applications and MySpace Application Content are “Content” as defined by the MySpace Agreement and therefore all references to “Content” in the MySpace Agreement will apply to your use of the MySpace Applications and MySpace Application Content. In the event of a conflict between the Developer Addendum and the MySpace Agreement, the Developer Addendum will govern the Developer Service. By accessing and/or using the Developer Service you agree to be bound to the terms of the MySpace Agreement and the Developer Addendum. The term “Developer” hereunder refers to a Member that has accessed and/or used the Developer Service. You are only authorized to use the Developer Service (regardless of whether your access or use is intended) if you agree to abide by all applicable laws, rules and regulations (“Applicable Law”), the MySpace Agreement and the Developer Addendum. Please read the MySpace Agreement and the Developer Addendum carefully. If you do not agree to be bound by both the Developer Addendum and the MySpace Agreement and to follow all Applicable Law, you should discontinue use of the Developer Service immediately.

If you wish to make use of the Developer Service, you must indicate your acceptance of the MySpace Agreement and the Developer Addendum during the Developer application creation process. In order to use the Developer Service, you may be required to download software or content and/or agree to additional terms and conditions. You may receive a copy of the MySpace Agreement and the Developer Addendum by emailing us at: privacy@MySpace.com, Subject: Developer Addendum. The MySpace Agreement and the Developer Addendum include MySpace’s policy for acceptable use of the Developer Service and any content posted on or through the Developer Service and your rights, obligations and restrictions regarding your use of the Developer Service and content posted on or through the Developer Service. MySpace may modify the MySpace Agreement or the Developer Addendum from time to time and such modification shall be effective upon posting by MySpace on the MySpace Website. Your continued use of the Developer Service after MySpace posts a revised MySpace Agreement and/or Developer Addendum signifies your acceptance of such revised MySpace Agreement and/or Developer Addendum. It is therefore important that you review the MySpace Agreement and the Developer Addendum regularly to ensure you are updated as to any changes.

1. Definitions

1.1	“Application Profile Page” means a page containing a description, usage metrics and installation button for a MySpace Application.
1.2	“Canvas” means a page which allows functional engagement and customization for a MySpace Application.
1.3	“Developer Platform” means the software and supporting materials that enable a Developer to develop applications for use on the MySpace Services and may allow such applications to retrieve data provided by MySpace relating to Members and/or from other MySpace Applications (“User Information”) or provide data from MySpace Applications to MySpace. The Developer Platform may include, without limitation, one or more APIs, programming tools and documentation.
1.4	“MySpace Application” means an application provided by the Developer that may be used on and/or interfaces with the MySpace Services.
1.5	“MySpace Application Content” means text, files, data, technology, software, code, user interfaces, images, photos, video, sounds, musical works, works of authorship, or any other information or materials that are included in or provided through or in connection with a MySpace Application (other than the MySpace Property, the MySpace Content or other any information or materials that may be provided by MySpace from time to time).

2. Eligibility.

2.1

To use the Developer Service you must be a Member and have an active MySpace profile. You hereby confirm that you are at least 18 years old, or if under 18, you have obtained your parent’s or legal guardian’s permission to use the Developer Service. You must be proficient in English to use the Developer Service.

3. Term.

3.1

The Developer Addendum shall remain in full force and effect while you are a Developer. You may terminate your Developer status at any time, for any reason, by ceasing to use the Developer Service. MySpace may terminate your Developer status and your access to the Developer Service or may suspend your participation in the Developer Service or any part thereof, including by removing or deleting your MySpace Application(s) and your MySpace Application Content, in full or in part, at any time, for any or no reason. Even after your Developer status and/or access to the Developer Service has terminated, the Developer Addendum and the MySpace Agreement will remain in effect, except that all licenses granted hereunder shall immediately terminate. Notwithstanding the foregoing, you understand and agree that MySpace is under no obligation to delete your MySpace Application Content that has been incorporated into other aspects of the MySpace Services, for example, within MySpace Profiles, and therefore such MySpace Application Content may continue to appear and be used indefinitely.

4. Developer Access.

4.1

Upon submission of a MySpace Application, you will be assigned a unique public and private key pair which you will need to provide to MySpace in order to access that MySpace Application. You are entirely responsible for maintaining the confidentiality of your private key(s). You agree not to use the public or private key of another Developer at any time or to disclose your private key(s) to any third party. You agree to notify MySpace immediately if you suspect any unauthorized use of or access to your MySpace Profile or your public or private key(s). You are solely responsible for any and all use of your MySpace Profile and private and public key(s). MySpace, Fox Interactive Media, Inc. (“FIM”) and their affiliates are not responsible for any unauthorized access to, alteration of, or the deletion, destruction, damage, loss or failure to store any Content which you submit in connection with your MySpace Profile or MySpace Applications.

5. Commercial Use.

5.1

MySpace allows you to include advertising, sponsorship or other commercial or promotional content (collectively, “Advertising”) on your Application Profile Page(s) and Canvas Page(s) in the areas which you control. MySpace Application Content which appears on a MySpace Profile or a page which contains any other MySpace Application (other than your other MySpace Applications or a MySpace Application which in such instance you have agreed to provide Advertising for) may not contain any Advertising. You will not, and will not permit any person, directly or indirectly, to provide Advertising in connection with your MySpace Application or MySpace Application Content that does not comply with the MySpace Application Guidelines for the Developer Service available at http://developer.myspace.com/community/myspace/applicationguidelines.aspx as may be amended from time to time in the discretion of MySpace (“Application Guidelines”) and which are hereby incorporated by reference, the MySpace Agreement and the Developer Addendum. Without limiting the generality of the foregoing, Developer shall block the following types of Advertising (each, an “Abusive Ad”) from delivery to its MySpace Application and/or MySpace Application Content: Advertising (a) which conducts any action outside of the area you control on your Application Profile Page or Canvas Page or otherwise fails to conform to the format and technical specifications set by MySpace, including, without limitation, by use of expandable banners, floating Advertising, and/or interstitials; (b) incorporating sounds or music unless the User has consented to the initiation of those sounds or music; (c) triggering a pop-up, pop-under, dialogue box, or initiates a downloadable application; (d) for online gambling, online pharmacies, pornographic products or services, alcohol, guns, or tobacco; (e) containing any software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise materially, adversely alter the User experience; and (f) containing any content, work, name, mark, designation, materials, or link that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious. Notwithstanding anything to the contrary contained herein, Developer acknowledges that providing or permitting Advertising to be provided, directly or indirectly, in violation of this Section 5, including, without limitation, failing to block an Abusive Ad will constitute a breach of this Developer Addendum by Developer and entitle MySpace to all available remedies in law and equity, including, without limitation, special, punitive and exemplary damages and indemnification from Developer in connection with any third party claim, action or other proceeding arising out of or related to such event.

6. Proprietary Rights.

6.1	As between the parties, MySpace retains all right, title and interest, including without limitation, all intellectual property rights, in and to (i) the Developer Platform and any and all elements and components thereof, including without limitation, any and all content, data, technology, software, code, user interfaces and any derivative works thereof or relating thereto; (ii) User Information; and (iii) any feedback you may provide to MySpace in connection with the Developer Service (the rights, titles and interests in (i), (ii) and (iii) collectively, “MySpace Property”). You agree to take such actions (including, without limitation, execution of affidavits or other documents) as MySpace may reasonably request to effect, perfect or confirm MySpace’s rights to the MySpace Property.
6.2	Subject to the terms and conditions of the MySpace Agreement and the Developer Addendum, MySpace grants to you a limited, non-exclusive, revocable, non-sublicensable license to access and use the Developer Platform solely to develop, test, display, distribute and execute MySpace Application(s) and MySpace Application Content, allow you to access the User Information as made available by MySpace, and allow other Members to access your MySpace Application; provided that MySpace reserves the right to limit, restrict or prohibit your or other Member access to the Developer Service, including without limitation the Developer Platform, at any time or over a period of time, with or without notice, in its sole discretion. You will not, and will not permit any person, directly or indirectly, to (1) reverse engineer, disassemble, reconstruct, decompile, translate, modify, copy, or, other than as explicitly permitted hereunder, create derivative works of the MySpace Services, including, without limitation, the Developer Platform, or any aspect or portion thereof, including without limitation, source code and algorithms; (2) alter or remove any identification, trademark, copyright, or other notice from any aspect or portion of the MySpace Services, including, without limitation, the Developer Platform; (3) distribute, sell, resell, lease, license, sublicense or transfer or otherwise make the Developer Platform or any User Information available to third parties (including by storing the Developer Platform or User Information in any manner which would enable a third party to access it (other than in the case of the User from which such User Information was retrieved (“Originating User”)); or (4) circumvent or modify any content protection mechanisms or MySpace’s or FIM’s data measurement tools. You will use the User Information solely as necessary for the functionality of your MySpace Application.
6.3	As between the parties, you retain all right, title and interest, including without limitation, all intellectual property rights, in and to any MySpace Application and MySpace Application Content which you create (except for the MySpace Property or other MySpace Content contained therein). By submitting or posting a MySpace Application or MySpace Application Content on or through the MySpace Services, you hereby grant to MySpace a limited, non-exclusive, fully paid and royalty-free, worldwide license under any patent issued for such MySpace Application or MySpace Application Content and additional rights to use, copy, sublicense, reformat, modify, delete from, add to, publicly perform, publicly display, reproduce, distribute, execute and store and cache on its servers such MySpace Application and any MySpace Application Content related thereto, including without limitation, the right to link to, frame or embed your MySpace Application and MySpace Application Content and the right to and allow third parties to display Advertising and other Content with and in connection with your MySpace Application and MySpace Application Content. Notwithstanding the foregoing, you understand and acknowledge that (i) MySpace and/or FIM may be independently creating applications and/or other Content in parallel with and similar to your efforts, and (ii) nothing in this Agreement restricts or prevents MySpace or FIM from creating and fully exploiting any such applications and/or Content of MySpace or FIM without any obligation to you.

7. Applications.

7.1	You are solely responsible for your MySpace Applications and MySpace Application Content, and any material or information that you transmit to other Members and for your interactions with other Users, including without limitation, complying with all Applicable Law and procuring and maintaining all necessary licenses, permissions and rights for your MySpace Application(s).
7.2	You and your MySpace Application will not, and will not permit any person, directly or indirectly, to:
	7.2.1	remove, obscure, or alter any notice of patent, copyright, trademark or other proprietary right appearing on or contained within the MySpace Services, including, without limitation, Developer Platform;
	7.2.2	interfere or attempt to interfere in any manner with the functionality or proper working of the Developer Platform or MySpace Services, or any portion or feature thereof;
	7.2.3	imply inaccurate creation, affiliation, sponsorship or endorsement of you or your MySpace Application by MySpace, FIM or any site or service owned, controlled or operated by FIM (each a “FIM Property”), including, without limitation, by using “MySpace,” “My,” “Space,” “FIM,” “Fox” or any variations, abbreviations or misspellings of the foregoing in your MySpace Application’s name or URL to the right of the top level domain name;
	7.2.4	circumvent, attempt to circumvent or claim the capability to circumvent any content protection mechanism or MySpace of FIM data measurement tools;
	7.2.5	lead a User to believe he or she is interacting directly with MySpace or FIM;
	7.2.6	use any registered or unregistered trademarks, service marks, corporate logo, URL or other indicia of origin (“Marks”) of MySpace or FIM, whether in written format or graphics (“MySpace Marks”), without first obtaining the prior written consent of MySpace;
	7.2.7	use any Marks, including without limitation, the MySpace Marks in a manner that would tarnish, dilute or otherwise impair the Mark owner’s right in and to such Marks;
	7.2.8	impose or purport to impose any obligation or grant any right, power or authority to yourself or any other person that would be unlawful or otherwise inconsistent with the MySpace Agreement and Developer Addendum;
	7.2.9	unless data is otherwise designated in writing by MySpace, you may not export any User Information and must cease using and delete any User Information or other MySpace Content within 24 hours after the time which you obtained such data;
	7.2.10	display or otherwise provide any User Information to any User other than Originating User without the prior consent of the Originating User;
	7.2.11	request, collect, solicit or otherwise obtain access to usernames, passwords or other authentication credentials for MySpace from any Users;
	7.2.12	proxy authentication credentials for any Users for the purposes of automating logins to the MySpace Website or any FIM Property;
	7.2.13	provide “tracking” functionality, including without limitation, to identify other users views or actions on a profile page;
	7.2.14	automatically redirect a browser window to another web page;
	7.2.15	permit such MySpace Application or MySpace Application Content to be downloaded without the prior written consent of MySpace;
	7.2.16	impersonate any person, or to obtain access to the MySpace Website or MySpace Services without authorization; or
	7.2.17	enable any other person to personally identify any User except with such User’s express consent.
7.3	If your MySpace Application collects any payment or account information from Users you must comply with the then current rules and regulations of all payment networks you use and the Payment Card Industry Data Security Standards available at http://www.pcicomplianceguide.org/pci-basics.html. Such collection of payment or account information may not occur on a MySpace Profile or any page within the MySpace Website, but may occur on your MySpace Application Canvas Page. In addition, you must clearly and conspicuously disclose that any such collection is directly by you, and not by MySpace or FIM.

8. Content Posted.

8.1

Please select the subject matter and content of your MySpace Application carefully. Each MySpace Application and all MySpace Application Content must comply with (i) the Developer Addendum, (ii) the Application Guidelines, (iii) the MySpace Agreement (including, without limitation, the content guidelines set forth in Sections 7 and 8); and (iv) all Applicable Law. MySpace reserves the right, in its sole discretion to reject, refuse to post or remove any MySpace Application or any MySpace Application Content or to restrict, suspend or terminate your access to all or any part of the Developer Service at any time, for any or no reason, with or without prior notice, and without liability. MySpace expressly reserves the right to remove any MySpace Application or any MySpace Application Content and/or remove your MySpace Profile and/or restrict, suspend or terminate your access to any part of the Developer Service and your MySpace Application(s) and any of your MySpace Application Content if MySpace determines, in its sole discretion, that you or any of your content, your MySpace Application(s) or any of your MySpace Application Content have violated the Developer Addendum or the MySpace Agreement or pose a threat to other Developers and/or MySpace and/or its users. If your MySpace Profile is removed or your access is restricted, suspended, or terminated to any other MySpace Service for any or no reason, your MySpace Application(s) and/or your MySpace Application Content may be removed immediately and your access to the Developer Service may be restricted, suspended, or terminated, in MySpace’s sole discretion.

9. Protecting Copyright and Other Intellectual Property.

9.1.	You agree to take all actions necessary to allow and assist MySpace and FIM to comply with Section 9 of the MySpace Agreement.
9.2.	In addition, if a MySpace Application that you create allows Users to download, view, listen to or otherwise access or distribute third party content provided by other Users, you must post and implement a copyright policy that complies with the Digital Millennium Copyright Act (“DMCA”), which must include, without limitation:
	9.2.1.	registering an agent with the United States Copyright Office to receive notices of claimed infringement http://www.copyright.gov/onlinesp/agent.pdf;
	9.2.2.	if you receive a notice of infringement, expeditiously removing or disabling access to the allegedly infringing content and if necessary, contacting the person who submitted the notice for additional information;
	9.2.3.	the adoption and implementation of a policy that provides for the termination, in appropriate circumstances, of repeat infringers; and
	9.2.4.	including the following statement on any page of your MySpace Application or other interface through which users can upload or otherwise make third party content available: “By making any content available through this application, you represent and warrant that you own all content posted by you on or through this application or otherwise have the rights necessary to use such content for purposes of the application and (ii) including your content through this application does not violate the privacy rights, publicity rights, copyrights, trademarks, patents, contract rights or any other rights of any person or entity or any law or regulation. Even if you lawfully possess a copy of the content which you are uploading (for example, you purchased a copy of a photo), this alone does not give you the right to include this content in this application.”
9.3.	A sample copyright policy is provided here for your reference. If you wish to use the Sample Policy, please fill in all necessary information before posting it as your copyright policy. You must post your copyright policy on a page of your MySpace Application and include a link to the policy on each page of your MySpace Application or MySpace Application Content which allows viewers to download, view, listen to or otherwise access or distribute third party content. Please note that this sample policy is provided for reference purposes only. MySpace’s provision of this sample policy does not constitute legal advice, and MySpace does not represent or warrant that your adoption and implementation of this policy will ensure safe harbor protection under the DMCA. You are solely responsible for complying with all Applicable Law, including copyright laws. For more information on copyright and the DMCA please go to our FAQ or www.copyright.gov. .

10. Privacy.

10.1	You agree to implement and comply with standards of privacy and confidentiality for the collection, use, sharing and storage of any data related to any User, including without limitation any User Information, that are at least as stringent and user-favorable as the standards set forth in the MySpace Privacy Policy. You may only collect personally identifiable information (“PII”) from a User if that User “opts-in” to such collection after you have clearly disclosed that the information is being collected directly by you, and not by MySpace or FIM and have directed the User via link to your privacy policy. You are prohibited from providing any data related to MySpace Users which you access or collect or are provided in connection with your MySpace Application to any third party, including for the purpose of Advertising.
10.2	The Developer Service includes certain restrictions on data access meant to protect User privacy and gives Users the ability to control access to privacy settings for their data. You hereby agree to comply with, and in no way circumvent, all such data access restrictions set by MySpace and any privacy settings that the User has selected.
10.3	At the reasonable request of MySpace, you will promptly provide MySpace with information about a particular User of your MySpace Application in order to: (i) protect or defend the legal rights or property of MySpace, FIM, or other companies within or affiliated with the News America Group or their employees, agents and contractors; to (including enforcement of our agreements); (ii) protect the safety and security of Users of the MySpace Services; to or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or to (iv) comply with the law or legal process.

11. Representations and Warranties.

You hereby represent and warrant that:

11.1	you have the right, power and authority to enter into the MySpace Agreement and Developer Addendum and to perform the acts required of you hereunder and it will be enforceable against you and without limiting the foregoing, you represent and warrant that you are at least 18 years old, or if under 18, you have obtained your parent’s or legal guardian’s permission to use the Developer Service;
11.2	your MySpace Application, your entrance into the MySpace Agreement and Developer Addendum and performance of your obligations hereunder or the rights you’ve granted to MySpace hereunder, do not and will not violate any other agreement or legal obligation to which you are bound;
11.3	any and all activities you undertake in connection with the MySpace Agreement and Developer Addendum will be performed in compliance with all Applicable Law and your use of the Developer Service is solely for lawful purposes; and
11.4	your MySpace Application and MySpace Application Content will at all times comply with the terms of the MySpace Agreement and Developer Addendum, including without limitation the Application Guidelines.

12. Disclaimers.

You hereby acknowledge and agree that:

12.1	MySpace reserves the right at any time and for any reason to modify, limit, suspend or discontinue the Developer Service, in whole or in part, with or without notice and MySpace will not be liable to you or any third party for any such modification, limitation, suspension or discontinuance.
12.2	Your MySpace Applications may be placed by MySpace or its Users anywhere on any MySpace Service or FIM Properties. MySpace does not guarantee that your MySpace Application will be placed in, or available through, any part of the MySpace Website, nor do we guarantee that your MySpace Application will appear in a particular position.
12.3	MySpace has no obligation to provide you with customer support or software upgrades, enhancements, or modifications to the Developer Service (collectively, “Support”). However, if MySpace elects at any time to provide you with Support, it may subsequently terminate the Support at any time without notice to you for any or no reason.
12.4	You are solely responsible for, and MySpace has no responsibility or liability of any kind for, the development, operation, Support and maintenance of your MySpace Applications and MySpace Application Content.

13. Testing.

13.1

From time to time MySpace may conduct private and/or public beta tests (each a “Beta”) of new features or versions of the Developer Service. If you choose to register for a Beta, your participation may be subject to additional terms. You agree that all feedback you record or provide to MySpace in connection with your participation shall be the property of MySpace.

14. Publicity.

14.1

You may promote your MySpace Application, however you may not issue any press release or other publicity statement or promotional materials using any MySpace Marks without first obtaining the prior written consent of MySpace; provided that you may factually state that your MySpace Application is a “MySpace application” or an application for use on MySpace (so long as you are in full compliance with the terms of the MySpace Agreement and Developer Addendum). MySpace reserves the right to issue publicity and promotional materials mentioning and/or describing the Developer Service, MySpace Applications and/or Developers.

15. Other.

15.1	You agree and acknowledge that MySpace has the right to verify your compliance with the MySpace Agreement and Developer Addendum (and you will not interfere with MySpace’s ability to do so), including without limitation, by submitting fake user information that does not relate to any actual person through your MySpace Application or crawling or otherwise monitoring your MySpace Application. In addition, at MySpace’s reasonable request you will provide MySpace with information and/or other materials, and if any of your MySpace Applications are downloadable, including, without limitation, on a mobile or other wireless device, you will provide MySpace with a copy of such downloadable MySpace Application(s) and any supporting documentation.
15.2	You understand that MySpace is a subsidiary of FIM, and that FIM and MySpace use the MySpace Website and the MySpace Services to advertise their respective products and services. MySpace may assign any of its rights or obligations under this Developer Addendum, in whole or in part, to any affiliate, including without limitation, to FIM.
15.3	The Developer Addendum is accepted and your acceptance of the MySpace Agreement is affirmed upon your use of the Developer Service. The Developer Addendum and the MySpace Agreement constitute the entire agreement between you and MySpace regarding the use of the Developer Service. The failure of MySpace to exercise or enforce any right or provision of the Developer Addendum or the MySpace Agreement shall not operate as a waiver of such right or provision. The section titles in the Developer Addendum are for convenience only and have no legal or contractual effect. The Developer Addendum operates to the fullest extent permissible by law. If any provision of the Developer Addendum or the MySpace Agreement is unlawful, void or unenforceable, that provision is deemed severable from the Developer Addendum and the MySpace Agreement and does not affect the validity and enforceability of any remaining provisions.

Please contact us at Contact MySpace with any questions regarding the Developer Addendum or the MySpace Agreement.

I HAVE READ THE Developer Addendum AND THE MYSPACE AGREEMENT AND BY CLICKING BELOW I AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND HEREBY FURTHER AFFIRM MY AGREEMENT TO THE TERMS OF THE MYSPACE AGREEMENT.

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