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
All Material and Services on the Site are: Copyright (c) 2003 MTV Networks, a division of Viacom International Inc., MTV Asia LDC and/or their suppliers. All rights reserved.

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.