Last modified November 11, 2009

TERMS OF USE AGREEMENT

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

This is the official Terms of Use Agreement ("Agreement") for Spike.com ("Site," "we," "us," or "our"), an Internet website offered in cooperation or connection with the Spike television channel or programming service ("Spike Channel"), and this Agreement applies whether you are accessing the Site via a personal computer, a mobile device or any other technology or devices now known or hereafter developed or discovered (each, a "Device"). The Spike Channel and the Site (together, "Spike") are provided by MTV Networks ("MTVN"), a division of Viacom International Inc. (together with MTVN, the "Parent Companies"). This Agreement governs only the content, features, and activities related to this Site and does not cover websites for any other MTVN programming channel, MTVN's "Jobhunt" website, the Parent Companies and any subsidiaries and affiliates of the Parent Companies (collectively, "Affiliates"), or any other company, unless specifically stated.

This Site is offered and made available only to users [13] of age or older who reside in the United States of America, its territories and possessions ("U.S.") and certain features on this Site (including, but not limited to, user registration and newsletter signups) may be subject to heightened age and/or other eligibility requirements. If you are not yet [13] years old or the required greater age for certain features, do not reside in the U.S. and/or do not meet any other eligibility requirements, 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 certify that you are at least 13 years of age or other required greater age for certain features and meet any other eligibility and residency requirements of the Site.

These terms and conditions regarding your use of the Site constitute a legally binding agreement between you and the Site and the Parent Companies. In this Agreement, the term "Site" includes all websites and web pages within the Site as well as any equivalent, mirror, replacement, substitute or backup websites and web pages that are associated with the Site. By using this Site, you understand, acknowledge and agree that you will abide by the terms of this Agreement and any additional terms that govern certain products and services, which will be presented in conjunction with those products and services ("Additional Terms"), including, but not limited to, the User Content Submission Agreement which governs your submission of User Content as such term is defined therein [, and the Virtual Reality Applications - Terms [insert link for each reference to this agreement] which governs your use of the virtual reality applications accessible from the Site]. The Site may also provide rules of participation ("Rules") for certain activities and services including, but not limited to, contests and sweepstakes, award programs, membership clubs, email, and dating services. The Site's Additional Terms and the Privacy Policy and the Rules are hereby incorporated in this Agreement by reference. To the extent that there is a conflict between this Agreement and Additional Terms for the activity in which you choose to participate, the Additional Terms shall govern. To the extent that there is a conflict between this Agreement and the specific Rules for the activity in which you choose to participate, the Rules shall govern. This Agreement will remain in full force and effect as long as you are a user of the Site and in the event of termination of any membership, service or feature, you will still be bound by your obligations under this Agreement, the Privacy Policy, any Additional Terms or Rules, including any indemnifications, warranties and limitations of liability.

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 may require each user to have a unique user name and password combination in order to access and use certain features or functions of the Site and may also, from time to time, provide users with additional codes or passwords necessary to access and use certain features or functions of the Site. Please read our Privacy Policy, which describes the personally identifiable information ("Personal Information") we collect, use, disclose, manage and store. As part of the registration process for the feature or function, you will 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 of 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.

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 material changes on the Site and/or e-mail you or notify you upon login about these changes; the form of such notice is at our discretion. 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, including, but not limited to, the User Content Submission Agreement, other Additional Terms, Rules and Privacy Policy, 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

The contents of this Site, including all Site software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, 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 the Parent Companies, and their Affiliates, and any of their successors and assigns, and any of their respective licensors, Advertisers (as defined below), suppliers, and operational service providers and are legally protected, without limitation, under U.S. Federal and State, 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, non-exclusive, non-assignable, non-transferable and limited 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, display, print or reproduce from the Site. You shall not, nor will you allow any third party (whether or not for your benefit) to 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 website), or otherwise use, any Material without the express prior written consent of MTVN or its owner if MTVN is not the owner. Any unauthorized or prohibited use of any Material may subject you to civil liability, criminal prosecution, or both, under applicable federal, state and local laws. We require users to respect our copyrights, trademarks, 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 to infringe the intellectual property rights of others.

We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over this Site and to promptly end any infringement that might occur. If you believe that the Site contains elements that infringe your copyrights in your work, please follow the procedures set forth in our Copyright Compliance Policy.

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 (collectively, the "Advertisers") such as our advertisers, sponsors, or promotional partners. as a result of your use of the Site. All such communication, interaction and participation is strictly and solely between you and such Advertisers 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 Advertiser or any goods or services you may purchase or obtain from any Advertiser).

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, or 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 suggestive, racially, culturally, or 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" and "phishing";
be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages;
transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;
forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason;
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 or 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, personally identifiable information or other computers, websites 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 of use and enjoyment of the Site by any other person, firm or enterprise; or
collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or 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.

6. SHOPPING

If e-commerce is offered on the Site, all e-commerce is brought to you by Spike Digital Entertainment, Inc., an operational service provider and Affiliate under this Agreement. All goods and services offered for sale on the Site ("Products") are guaranteed by the manufacturer, licensor or distributor against defects in material and workmanship for 30 days from the date of the invoice. Within that time period, just contact us at spike-feedback@spike.com and we will coordinate attempting to correct, repair or replace the defective Product or, if applicable, in obtaining a refund for you. We have no responsibility or liability whatsoever for goods or services you may obtain from or through other websites or web pages, even if you were directed or linked to such a site or page through the Site, nor are we responsible for assisting you in correcting any problem you may experience with Products if you do not notify us within the 30 day period noted above or for any goods or services not obtained directly on the Site. You agree that your sole and exclusive remedy and our sole, exclusive and maximum liability arising from or relating in any way to any Product shall be the amount you actually paid us (or our suppliers, operational service providers, or other e-commerce partners) for it. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR RELATING IN ANY WAY TO ANY AND ALL PRODUCTS. EXCEPT AS SPECIFICALLY MADE IN WRITING, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.

Products may be purchased while supplies last. If a Product is listed at an incorrect price or with incorrect information, we reserve the right to refuse or cancel orders placed for that Product, whether or not the order has been confirmed and even if your account has been charged (in which event we will issue a credit to your account in the amount of the charge).

Our creation or transmission of an order confirmation does not signify acceptance of your order, nor constitute a binding confirmation of an offer to sell any Product and we reserve the right to accept or decline your order for any reason up until the time the Product is actually delivered to you. We reserve the right at any time, without prior notice, to limit or reduce the quantity you ordered of any Product and we will notify you if we do so. All orders placed over $500.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our credit and authorization policies and practices in effect at the time of your order. We may contact you and require additional information from you before we grant such pre-approval. Products on the Site are offered for sale only to end user customers or as personal gifts to end user customers and not for resale. We do not knowingly accept orders from dealers, exporters, wholesalers, distributors, resellers or other similar persons or companies, and reserve the right to refuse, cancel or seek the return of any Products that are purchased in violation of the foregoing restrictions.

You are responsible for any taxes imposed on the sale or use of Products and applicable taxes will be added to the amount charged for Products purchased on the Site. If an order consists of multiple items, they may be shipped separately depending on availability.

7. WIRELESS MARKETING SERVICES AND PROMOTIONAL OPPORTUNITIES

Spike may provide users and viewers with the opportunity to register for special promotions, services, news, programming and information delivered via text messaging and other wireless Devices such as mobile phones. Users are required to provide their consent to receive such information from Spike, either by registering on this Site or via their wireless Device. Such services and promotional opportunities are provided by the Parent Companies or Affiliates for Spike. The information requested as part of the online registration process is a user's telephone number or a wireless email address, but only if specifically requested, and the carrier's name. Optional information may be requested for specific promotions, such as a user's preferences regarding goods or services, choices of music or artists, or other similar survey information. Depending on the promotion, we may also collect an Internet email address or other information and, depending on the information collected, the user may also be required to confirm his or her agreement to this Agreement and, including without limitation, the Privacy Policy.

Users that register for Spike's wireless marketing services acknowledge, understand and agree that they will be charged by the user's wireless carrier for all messages sent to the user from Spike. Standard messaging rates will apply, unless noted otherwise. Under no circumstances will Spike, the Parent Companies or any Affiliates be responsible for any wireless email or text messaging charges incurred by a user or by a person that has access to a user's wireless device, telephone number, or email address.

A user understands, acknowledges and agrees that Spike may, at its sole discretion and without liability to any user, terminate its offer of any specific wireless marketing service or all wireless marketing services at any time without advance notice. Spike may provide notice of terminations or changes in services on this Site.

8. VIRAL FEATURES

There may be portions of our Site, content, functionality or features (e.g, digital streaming media player(s)) ("Viral Features") that we make available to users for your personal use. While we can obviously change how, to whom and to what extent we make these Viral Features available at any time without any notice and in our sole discretion, so long as they are available to you, whenever you visit our Site or take advantage of any of these Viral Features (whether you use these Viral Features on your own personal or customized web pages, whether they are displayed or appear embedded or housed within a web page or website of anyone else, whether a commercial website or web page, an advertisement, promotional message or even a personalized or customized web page of a friend or through any Device that can access any of these Viral Features) you agree not to download any content made available as part of the Viral Features and acknowledge that such content is available only for streaming viewing and, further, that you are bound by the applicable provisions of this Agreement and our Privacy Policy.

9. POSTINGS

Your comments, suggestions and information are important to us. Portions of this Site may provide you and other users an opportunity to participate in forum services, blogs, web communities and other message and communication facilities ("Communities") and may provide you with the opportunity, through such Communities or otherwise, to submit, post, display, transmit and/or exchange (a) information, ideas, opinions, messages or other information ("Post" or "Postings") and (b) User Content (as defined in the User Content Submission Agreement, your submission of which is also governed by the terms and conditions therein, and considered a Posting for purposes of this Agreement. You understand, acknowledge and agree that such Postings are the sole responsibility of the person from which such Postings originated. This means that you are solely and entirely responsible for the consequences of all Postings that you upload, post, email, transmit or otherwise make available via the Site. Postings do not reflect the views of the Site, Spike, the Parent Companies or the Affiliates. We reserve the right to monitor, edit or screen any Postings. 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 us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on the Site.

If a Posting originates from you or your account, you hereby agree that: (a) you specifically authorize the Site, Spike, the Parent Companies and their Affiliates 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 with 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 and/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 any 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; and (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 (i) you have the right to grant the Site, Spike, the Parent Companies and their Affiliates the right to use all such Postings as described above, (ii) the Posting was produced in compliance with all applicable laws and regulations and (iii) for any User Content Posting that contains original videos, you will comply with any applicable identification verification and record-keeping requirements, and you will secure and maintain the requisite personal information and identification documentation for all individuals who appear in any such original videos, as may be required by law and/or otherwise requested or required by us in connection with our corporate compliance policies and practices, which includes (y) the individual's full legal name, current address, date of birth and (z) a legible photocopy of a valid government-issued identification document (e.g., a U.S. passport, state driver's license or valid photo ID card) to verify the individual's identity. With the submission of each such Posting, MTV, the Parent Companies and the Affiliates reserve the right to request that you, and upon such request you must, deliver a full and complete set of such identification verification records to us, as well as a legible photocopy of your valid driver's license, passport or other acceptable government-issued photo identification for our verification and record-keeping purposes. In addition, you specifically acknowledge and agree to abide by our policies regarding governmental certification procedures relating to the foregoing identification verification and record-keeping procedures and, if applicable, you will promptly comply with any specific requests or directions we give you in connection with Postings you submit that may be subject to these requirements.

You understand, acknowledge and agree that we have the right to delete, re-format and/or change your Postings in any manner that we may determine (although you will not be responsible for any such changes made). The amount of storage space on the Site per user is limited. Some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree that we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or any other matter relating to Postings. 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 (except for any notices covered by the Copyright Compliance Policy), please email us at spike-feedback@spike.com (please refer to our Copyright Compliance Policy for any notices covered by the Copyright Compliance Policy. We cannot guarantee that we will 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.

10. CONTESTS, SWEEPSTAKES, AUCTIONS AND PROMOTIONS

From time to time, Spike, the Parent Companies, the Affiliates or the Site's operational service providers, suppliers, and Advertisers, may conduct promotions on or through the Site, including, without limitation, auctions, contests and sweepstakes ("Promotions"). Each Promotion may have Additional Terms and/or 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.

11. CERTAIN PRODUCTS AND SERVICES

a. RSS Feeds and Podcasts

RSS Feeds

Content

Podcasts

Section 11

"Disclaimer and Limitations of Liability"

b. Virtual Reality Features

Virtual Reality Applications - Terms

c. Mobile Applications

Mobile Application Services

Under no circumstances will Spike, the Parent Companies or any Affiliates be responsible for any wireless email, text messaging or other charges incurred by a user (or any person that has access to a user's wireless device, telephone number, or email address) using any Mobile Application Services.

12. 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, the Site, Spike, the Parent Companies or any of their Affiliates, any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers. We do not verify, endorse or have any responsibility for any such third party sites, their business practices (including their privacy policies), or any goods or services associated with or obtained in connection with any such site, whether the Site's, Spike's, the Parent Companies' or any of their Affiliates' logo or sponsorship identification is on the third party site as part of a co-branding or promotional arrangement. If any third party site obtains or collects Personal Information from you, in no event shall we assume or have any responsibility or liability. Please read our Privacy Policy which describes how Spike collects and uses your Personal Information and other information and certain of our relationships.

13. DEACTIVATION/TERMINATION OF YOUR REGISTRATION OR USE

If you are registered to use the Site, you may deactivate your account on the Site, at any time and for any reason, by logging in to your account, clicking "Profile" or your display name at the top of the Site and then selecting "Manage Account" and following the instructions to deactivate your account. We may terminate your use of and registration on the Site, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.

14. 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, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site. You understand, acknowledge and agree that 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, THIS SITE, SPIKE, THE PARENT COMPANIES, ANY OF THEIR AFFILIATES, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT 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.

Notwithstanding any claim that a sole or exclusive remedy which is provided in this Agreement may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have the Parent Companies, upon written notice from you to us, attempt to repair, correct or replace any deficient goods or services under this Agreement and, if repair, correction or replacement is not reasonably commercially practicable for the Parent Companies, to refund any monies actually paid by you for the Products involved and to terminate and discontinue your use of the Site. 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 the Parent Companies assume no liability, responsibility or obligation to transmit, process, store, receive or deliver transactions or 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 transactions or 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.

15. INDEMNIFICATION

You agree to indemnify, defend and hold the Site, Spike, the Parent Companies, and any of their Affiliates, or any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers 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, or public posting of your Postings.

The Parent Companies 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 the Parent Companies in the defense of any such claim, action, settlement or compromise negotiations, as requested by the Parent Companies.

16. ADS AND MALWARE

We take great care and pride in creating this Site. We are always on the lookout for technical glitches that effect how the Site works. When we find them on our end, we will fix them. Unfortunately, your home computer may cause some glitches that effect how you see our Site -- and that is beyond our control.

If you experience any unusual behavior, content or ads on the Site, it may be the result of Malware on your computer. Malware -- short for MALicious softWARE -- is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner's knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Site is working properly, sometimes Malware programs on your personal computer may interfere with your experience on our Site and on other sites that you visit.

We suggest that you take some of the following actions which may help to clean your computer and which could prevent future installations of Malware.

Update your computer via Windows Update (found in the Tools menu in your Internet Explorer web browser).
Install a SpyWare Removal Tool such as Spybot Search and Destroy or AdAware to clean your computer of Malware.
Install antivirus software, such as Norton anti-virus or McAfee Virus-shield.
Install Microsoft Defender (for Windows computers)

Please note that we cannot be responsible for the effects of any third party software including Malware on your computer system. Please make sure to carefully read the Help or Customer Support areas of any software download site. If you do discover any Malware on your system, we also suggest you speak with a qualified computer technician. If, after taking the above actions, you are still experiencing any problems, please feel free to contact us at spike-feedback@spike.com.

17. PRIVACY

We respect your privacy and the use and protection of your Personal Information. Please see our Privacy Policy for important information and disclosures relating to the collection and use of your Personal Information in connection with your use of the Site.

18. LAW THAT APPLIES TO THIS AGREEMENT; MISCELLANEOUS TERMS

This Agreement, together with any Additional Terms, Rules, our Privacy Policy and any other regulations, procedures and policies which we refer to and which are hereby incorporated by reference, contains the entire understanding and agreement between you and the Site and supersedes any and all prior or inconsistent understandings relating to the Site and your use of the Site. This Agreement cannot be changed or terminated orally. If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement; however, no action arising out of this Agreement or your use of the Site, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).

This Agreement and your use of the Site is governed by, construed and enforced in accordance with the internal substantive laws of the State of New York (notwithstanding the State's conflict of laws provisions) applicable to contracts made, executed and wholly performed in New York, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State and County of New York and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

Go to Terms of Use Agreement

Last Modified: November 11, 2009

PRIVACY POLICY AND YOUR CALIFORNIA PRIVACY RIGHTS

This is the privacy policy ("Privacy Policy") for Spike.com ("Site", "we", "us", or "our"), an Internet website offered in cooperation with the Spike television channel or programming service ("Spike Channel"). The Spike Channel and the Site (together, "Spike") are provided by MTV Networks ("MTVN"), a division of Viacom International Inc. (together, MTVN and Viacom International Inc., the "Parent Companies").

This Privacy Policy is intended to explain our privacy practices and covers the following areas:

When This Privacy Policy Applies.

U.S. Governing Law.

Collection and Use of Personal Information and Other Information (Other than Wireless Marketing Services and Associated Promotional Opportunities).

Opting-out of Certain Uses of your Personal Information and Other Information (Other than Wireless Marketing Services and Associated Promotional Opportunities).

Wireless Marketing Services and Associated Promotional Opportunities.

Sharing and Disclosure of Personal Information and Other Information.

Reviewing, Updating or Deleting Certain Information.

Protection of Information.

Your California Privacy Rights.

Changes to this Privacy Policy and Notice.

Miscellaneous.

1. When This Privacy Policy Applies.

This Privacy Policy applies whether you are accessing the Site via a personal computer, a mobile device or any other technology or devices now known or hereafter developed or discovered (each, a "Device") and whether you are accessing the Site as a registered user (if offered by the Site) or other user of the Site. This Privacy Policy governs only the Personal Information and Other Information (as those terms are defined below) collected by the Site and does not cover any such information collected in any other manner (such as by the Spike Channel not through the Site) or by any other website offered by Spike, the Parent Companies and/or any subsidiaries and affiliates of the Parent Companies (collectively, "Affiliates") or collected by any other company, unless specifically stated. We may from time to time, combine Information (as that term is defined below) with other information we collect from other sources, such as information received from our Parent Companies, Affiliates, marketing companies or Advertisers and, if we do so, our use of the resulting combined Information will be subject to this Privacy Policy.

This Privacy Policy will remain in full force and effect, even if your use of or participation in the Site or any particular service, feature, function or promotional activity offered through the Site terminates, expires, ceases, is suspended or deactivated for any reason. If you do not agree with this Privacy Policy, please do not participate in the Site or any features, activities or services offered through the Site.

2. U.S. Governing Law.

The Site is designed and targeted to U.S. audiences and is governed by and operated in accordance with the laws of the U.S. We make no representation that this Site is operated in accordance with the laws or regulations of, or governed by, other nations. By participating in our Site activities, you certify that you meet the age and other eligibility requirements for this Site as set forth in our Terms of Use Agreement. If you do not meet the age and other eligibility requirements, please discontinue using the Site immediately as your continued use of the Site indicates that you are agreeing to the collection, use, disclosure, management and storage of your Information as described in this Privacy Policy.

If you are located in the European Union or elsewhere outside of the U.S., you do so at your own risk and initiative and you, not us, are responsible for compliance with any applicable local and national laws. If this Site is part of the Flux platform, by using this Site, participating in any Site activities, and/or providing us with your Personal Information and Other Information, you (i) consent to the transfer and/or processing of any Information you provide to the Site and to Flux, (ii) acknowledge that U.S. law provides a lower standard of protection for personal data than the laws of various countries including, but not limited to, the European Union and (iii) understand that this Site and Flux will collect, transfer, store, process and/or deal with your Information in accordance with this Privacy Policy. Consequently, you hereby waive any claims that may arise under the laws and regulations that apply to you in or of any other country or jurisdiction.

3. Collection and Use of Personal Information and Other Information (Other than Wireless Marketing Services and Associated Promotional Opportunities).

When we use the term "Personal Information" we mean information that would allow someone to identify you or contact you, such as your full name, postal address, e-mail address or telephone number. When we use the term "Other Information", we mean any information other than Personal Information collected by the Site (Personal Information and Other Information, together, the "Information").

a. Information We Collect that You Provide Us.

i. User Registration. To the extent we offer user registration on the Site, to register as a member of the Site, you are required to select a user name and password (together, your "User ID") and may be required to also provide other Information, such as your email address and date of birth. Additional Information may be requested during the registration process (but not required).

ii. In Connection with Certain Features and Functions. We may also provide you with access to certain features or functions that we may offer on the Site, such as the option to subscribe to a selection of free email newsletters and other periodic information, chat rooms, message boards, electronic mail services, messaging services, auctions, shopping, registration and member profile pages. To sign up for or participate in these features or functions, you may be required to provide us with certain Information about you in order for us to personalize and/or allow you to use such features and functions. For example, to sign up to receive email newsletters, you may be required to provide your email address, date of birth and zip code separate from any user registration. Further, for example, to the extent we offer such services, if you order any of our various Products (as defined in the Terms of Use Agreement), in addition to your name and contact information, we will also collect and may maintain your billing address, shipping address, Product selections, your credit card or other payment instrument information, your order number and information about your computer's internet address and website which may have referred or directed you to the Site (e.g., the referring URL). Your credit card or debit card number is collected via a secure transmission.

iii. In Connection with Promotions such as Contests and Sweepstakes. There may be a separate registration process to enter Promotions such as contests and sweepstakes which may require the submission of all or some of the following: your first and last name, street address, city, state and zip code, email address, telephone number and date of birth. Additional Information may be requested depending on the specific Promotion, but submission of such Information may be optional. The Promotion's entry page and/or Rules will provide the specific requirements. You may also have the opportunity to opt-in to receive special Promotions or offers from our third party advertisers, sponsors or promotional partners ("Advertisers") as a result of your use of the Site in connection with many of these types of Promotions.

b. Information Collected Through Use of Cookies and Other Tracking Technologies.

The Site and/or third parties may use "cookies", "web beacons" (also known as image tags, GIF or web bugs), "embedded scripts" and other similar tracking technologies (collectively, "Tracking Technologies") to collect Other Information automatically as you browse the Site and the web.

We use Tracking Technologies to collect "click stream" data and additional Other Information regarding your visits to the Site, such as your visits to the Site's webpages, use of our features, and purchasing history or preferences and may also collect your IP address or some other identifier unique to the Device you use to access the Site ("Identifier"). Your Identifier is automatically assigned to the Device you use to access the Site. Your Personal Information is not collected as part of this process. By visiting the Site, whether as a registered user or otherwise, you acknowledge, understand and hereby agree that you are giving us your consent to track your activities and your use of the Site.

This Site may additionally use a variety of third party advertising networks, data exchanges, traffic measurement service providers, marketing analytics service providers and other third parties (collectively, "Third Party Advertising Service Providers") to, for example, serve advertisements on the Site, facilitate targeting of advertisements and/or measure and analyze advertising effectiveness and/or traffic on the Site ("Targeting Services"). These Third Party Advertising Service Providers may enable us to display advertisements based on your visits to the Site and other websites you have visited. Targeting Services enable us to, among other things, help deliver advertisements or other content to you for products and services that you might be interested in, to prevent you from seeing the same advertisements too many times and to conduct research regarding the usefulness of certain advertisements to you.

Although these Third Party Advertising Service Providers do not have access to Tracking Technologies set by the Site, the Third Party Advertising Service Providers, as well as Advertisers, may themselves set and access their own Tracking Technologies on your Device if you choose to have Tracking Technologies enabled in your browser and/or they may otherwise have access to Other Information about you.

c. Use of Information.

As set forth in this Privacy Policy, we may share Information with our Parent Companies and Affiliates.

i. Personal Information. We, and/or our Parent Companies and Affiliates, use the Personal Information we collect from you in a variety of ways, including:

Sending marketing and promotional e-mails or, subject to the "Wireless Marketing Services and Associated Promotional Opportunities" Section below, text messages offering the purchase of goods and/or services that may be of interest to users, whether those goods and/or services are provided by the Site, the Parent Companies, Affiliates or third parties (for example, we may send you an email about a product sold by a third party);
Processing your registration with the Site, such as verifying that your e-mail address is active and valid;
Contacting you regarding the administration of your account, any services, features or functions you have enrolled in or registered to use, any Promotions you have participated in or have entered, any goods and/or services or Products you have ordered or any other transactions you have undertaken with the Site;
Allowing you to participate in the public areas and/or other features of the Site;
Responding to your questions or other requests;
Contacting you regarding your use of the Site, for informational purposes related to the Site or, in our discretion, regarding changes to the Site's policies;
Improving the Site or our services and for internal business purposes;
Tailoring your experience on the Site and/or otherwise customizing what you see when you visit the Site;
Saving your User ID or other Personal Information, so you don't have to re-enter it each time you visit the Site;
Otherwise to maintain and administer the Site and
For other purposes disclosed at the time you provide the Personal Information.

ii. Other Information Collected by Us. We, and/or our Parent Companies and Affiliates, use the Other Information we collect from you in a variety of ways, including:

Keeping count of your return visits to the Site or our Parent Companies', Affiliates', Advertisers' or partners' sites;
Accumulating and reporting aggregate, statistical information in connection with the Site and user activity;
Determining which features, webpages, products and services users like best to, among other things, help us operate the Site, enhance and improve our services and the Site and display advertising and marketing information;
Preparing statistics reports;
Allowing you to participate in the public areas and/or other features of the Site;
Improving the Site or our services and for internal business purposes;
Tailoring your experience on the Site and/or otherwise customizing what you see when you visit the Site;
Saving certain Other Information for use on your return visits to the Site;
Otherwise to maintain and administer the Site
For the uses described for "Personal Information" above and
For other purposes disclosed at the time you provide the Other Information.

iii. Other Information Collected by Third Party Advertising Service Providers and Advertisers. The use of Tracking Technologies by Third Party Advertising Service Providers and Advertisers is within their control and not ours. Even if we have a relationship with the Third Party Advertising Service Provider or Advertiser, we do not control their websites or their policies and practices regarding your Information. This Privacy Policy does not cover any use of Information that a Third Party Advertising Service Provider or Advertiser may directly collect from you. Use of Third Party Advertising Service Providers' and Advertisers' Tracking Technologies is governed by the Third Party Advertising Service Providers' or Advertisers', as applicable, own specific privacy policies and not this Privacy Policy. However, please see "Opting-Out of Certain Uses of Your Personal Information and Other Information (Other than Wireless Marketing Services and Associated Promotional Opportunities)" Section for more information on how to opt-out of the collection and/or use of Information collected by certain Third Party Advertising Service Providers.

4. Opting-Out of Certain Uses of Your Personal Information and Other Information (Other than Wireless Marketing Services and Associated Promotional Opportunities).

a. Opting-Out of Certain Uses of Personal Information.

i. In Connection with Marketing and Promotional Email and Offers.

You may "opt-out" of receiving marketing and promotional e-mails from us at any time [by using the Site's preference management page associated with your User ID account to opt-out of receiving such emails or messages from the Site, the Parent Companies, Affiliates and/or third parties] [by going to the Site's home page, clicking the "Your Account" link, to (1) un-register your account, or (2) change or edit your preferences. You may also use the opt-out mechanism that is contained in each such email.

ii. In Connection with Wireless Marketing Services. See "Termination of Wireless Services by Users" under the "Wireless Marketing Services and Associated Promotional Opportunities" Section for more information on how you may unsubscribe from receiving text messages.

iii. Certain Continuing Rights Regardless of Opt-Outs. However, even if you exercise your opt-out rights above, we, or our Parent Companies or Affiliates, may continue to contact you for the other purposes described in the "Use of Information" Section above, such as for maintenance and administrative purposes.

b. Opting-Out of Use of Certain Other Information Collected by Tracking Technologies.

With respect to the Tracking Technologies set by Third Party Advertising Service Providers and Advertisers, you have a number of options:

With respect to the serving of ads by DoubleClick to you, please visit http://www.doubleclick.com/us/about_doubleclick/privacy for your options and for further information on renewing your opt-outs or opting-out again if you subsequently delete the Tracking Technologies.
To opt-out of Tracking Technologies set by certain Third Party Advertising Service Providers used by the Site in addition to DoubleClick, please visit http://www.networkadvertising.org/managing/opt_out.asp for your options and for further information on renewing your opt-outs or opting-out again if you subsequently delete the Tracking Technologies.
You can choose to delete the Tracking Technologies through the "Internet Options" sub-option of the "Tools" menu option of your browser or otherwise as directed by your browser's support feature.
You can choose to disable or turn Tracking Technologies off. Additional information on disabling or turning Tracking Technologies off may be available through your browser's support feature.

Opting-out of, deleting or disabling Third Party Advertising Service Providers' Tracking Technologies does not mean that you will no longer receive online ads. Opting-out to, deleting or disabling Third Party Advertising Service Providers' Tracking Technologies only means that such ads will no longer be tailored to your specific viewing habits or interests, but you will continue to see ads on this Site.

With respect to the Tracking Technologies set by the Site, you have a number of options:

You can choose to delete the Tracking Technologies through the "Internet Options" sub-option of the "Tools" menu option of your browser or otherwise as directed by your browser's support feature.
You can choose to disable or turn Tracking Technologies off. Additional information on disabling or turning Tracking Technologies off may be available through your browser's support feature.
You can choose to have the Device you use to access the Site warn you each time a cookie, image tag or other Tracking Technology is being sent, or you can choose to turn off such warnings. This is done through your browser on the Device you use to access the Site. Additional information on warnings and removal of warnings may be available through your browser's support feature.

Some Device manufacturers may preset their browsers to block Tracking Technologies from websites other than those you visit directly and, if so, certain services or advertisements may not work for such Devices. Further, if you delete or disable Tracking Technologies, you may not have access to certain features of the Site and some of our other services may not function properly.

5. Wireless Marketing Services and Associated Promotional Opportunities.

Spike may provide users and viewers with the opportunity to register for special Promotions, services, news, programming and information delivered via text messaging and other wireless devices such as mobile phones and, in the event we do so, users are required to provide their consent to receive such information from Spike, either by registering on the Site or via their wireless device. Such services and promotional opportunities are provided by the Parent Companies and/or Affiliates for Spike. The Information requested as part of the online registration process may include a user's telephone number or a wireless email address, but only if specifically requested, and the carrier's name. Additional Information may be requested for specific Promotions, such as a user's preferences regarding goods or services, choices of music or artists, or other similar survey information. Depending on the Promotion, we may also collect an Internet email address or other Information and, depending on the Information collected, the user may also be required to confirm his or her agreement to this Privacy Policy and the Terms of Use Agreement.

We caution that most wireless transmissions are not secured and there is a greater risk of an unknown third party's interception of messages or a user's Personal Information when using a wireless communications device.

Users that register for Spike's wireless marketing services acknowledge, understand and agree that they will be charged by the user's wireless carrier for all messages sent to the user from Spike. Standard messaging rates will apply, unless noted otherwise. Under no circumstances will the Site, Spike, its Parent Companies or Affiliates be responsible for any wireless email or text messaging charges incurred by a user or by a person that has access to a user's wireless device, telephone number, or email address.

a. Registration. To the extent we provide wireless marketing services, there are two registration methods provided for Spike's wireless marketing services. Standard rate Promotions will be subject to either the "single opt-in" or the "double-opt-in" (Site/SMS) method, at the discretion of Spike depending on the type of Promotion. Premium rate services will require the "double opt-in" (Site/SMS or SMS/SMS) method.

i. Single Opt-in Method: In response to print, radio, television, Internet, or other promotional messages, users will be directed to send a specific word or code via a text message to a designated telephone number to register for the service promoted. The user's voluntary submission of the designated word or code to Spike will mean that the user has freely and affirmatively granted permission to Spike to send text messages to him or her. Spike will thank the user for his or her registration by sending a "Thank you" message. The user may terminate the service at any time by using the unsubscribe command in any text message from Spike or by sending a text message to Spike that says "STOP", "END", "CANCEL", "REMOVE", "UNSUBSCRIBE" or "QUIT".

ii. Double Opt-in (Site/SMS) Method: In response to print, radio, television, Internet, or other promotional messages, users will be directed to this Site to start the registration process. The user must affirmatively consent to Spike's sending of wireless messages to his or her designated wireless device by submitting a telephone number (or wireless email address, only if requested by Spike) and by clicking the consent statement on the Site's registration page. The user must also agree to the Site's Privacy Policy and Terms of Use Agreement before the online registration process is completed. Spike will then send a "Confirmation" message to the user's designated wireless device and will request that the user confirm that he or she has agreed to receive messages from Spike to that particular telephone number (or wireless domain name when appropriate). The user must respond to the "Confirmation" message with a text message that states "YES" or "Y" that will indicate the user's acceptance of Spike's wireless marketing service. Until the user responds to the "Confirmation" message, the user is not registered for the specific wireless marketing service subject to the Promotion. A user may respond to the "Confirmation" message at any time provided that Spike may choose to terminate offering wireless marketing service at any time and the user's response to the "Confirmation" is only valid if the response is received while Spike continues to offer the specific wireless marketing service.

iii. Double Opt-in (SMS/SMS) Method: In response to print, radio, television, Internet, or other promotional messages, users will be directed to send a specific word or code via a text message to a designated telephone number to register for the service promoted. Spike will then send a "Confirmation" message to the user's designated wireless device and will request that the user confirm that he or she has agreed to receive messages from Spike to that particular telephone number (or wireless domain name when appropriate). The user must respond to the "Confirmation" message with a text message that states "YES" or "Y" that will indicate the user's acceptance of Spike's wireless marketing service. Until the user responds to the "Confirmation" message, the user is not registered for the specific wireless marketing service subject to the Promotion. A user may respond to the "Confirmation" message at any time provided that Spike may choose to terminate offering wireless marketing service at any time and the user's response to the "Confirmation" is only valid if the response is received while Spike continues to offer the specific wireless marketing service.

b. Termination of Wireless Services by User. Regardless of which one of the above opt-in methods was used to register, users may revoke their consent to receive messages from Spike by the following procedure:

A user may cancel one or more services via his or her wireless device at any time by using the unsubscribe mechanism provided by Spike at the time the message is sent, or by sending a text message that says "STOP", "END", "CANCEL", "REMOVE", "UNSUBSCRIBE" or "QUIT". Spike will terminate the user's registration for the most recent wireless service sent to the user. Any of these words followed by the word "ALL" in the user's termination request will cancel all of the user's registered wireless services with Spike. If the user unsubscribes from one or all of Spike service(s) via his or her wireless device, the service(s) will be terminated immediately and will cancel the user's previous opt-in.

c. Termination of Wireless Services by Spike. A user understands, acknowledges and agrees that Spike may, in its sole discretion and without liability to any user, terminate its offer of any specific wireless marketing service or all wireless marketing services at any time without advance notice. Spike may provide notice of terminations or changes in services on this Site.

d. Use of Information. Spike will not use a wireless telephone number, wireless or conventional Internet email address, or other Information submitted for its wireless marketing services for any other purpose but to provide the service requested, unless we provide advance notice of any other use. We will not share any Personal Information with Advertisers or other third party marketers unless you opt-in to such disclosure. We will share Personal Information with the operational service providers that assist us in delivering these wireless services to you and with the Parent Companies and Affiliates.

6. Sharing and Disclosure of Personal Information and Other Information.

a. Sharing and Disclosure of Personal Information.

Generally, we do not sell, rent, lease or disclose your Personal Information to third parties, except if you consent to such disclosure or as described in this Privacy Policy.

i. Disclosure to Parent Companies and Affiliates. We may disclose Personal Information to Parent Companies and Affiliates for marketing and/or administrative purposes. You can choose to opt-out of certain such uses as described in the "Opting-Out of Certain Uses of Personal Information" Section above.

ii. Disclosure of Certain Information in Postings Intended to Be Disclosed. Certain Personal Information associated with a Posting may be intended for disclosure ("Posting Information"), such as username. We will disclose Posting Information in connection with the display of, and other services relating to, such Posting.

iii. Disclosure In Connection with Co-Branded Services and Features. The Site may also offer co-branded services and features, such as events and Promotions that we put together with another company or our Parent Companies or Affiliates ("Co-Branded Partner") and that may be hosted on the Site and/or our Co-Branded Partner's website. We may share your Personal Information with our Co-Branded Partner and your voluntary use of or participation in a co-branded service or feature means that you opt-in and give your affirmative consent to both the Site and our Co-Branded Partner to collect the Information provided in connection with the specific co-branded feature or service and to use such Information for the fulfillment of the feature or service and for marketing or administrative purposes. The Co-Branded Partner will be identified on the co-branded feature or service, along with the Co-Branded partner's privacy policy. If you wish to opt-out of a Co-Branded Partner's future use of your Personal Information for marketing purposes, you will need to contact the Co-Branded Partner directly and the use of such information by Co-Branded Partner is subject to Co-Branded Partner's privacy policy.

iv. Disclosure to Operational Service Providers. We also have the right to disclose your Personal Information and Other Information to third parties for the purpose of administering and maintaining the Site's services, features, functions and operations. We will refer to these third parties as "operational service providers". We use operational service providers to efficiently provide the full range of content, activities, services, features and functions we bring you and we disclose your Information to operational service providers for the purpose of providing services to us.

v. Disclosure to Certain Other Third Parties. In addition to the above, we will make your Personal Information and Other Information available to certain third parties in the following limited circumstances:

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) or if requested by a governmental agency or other authority as part of an investigation;
If we believe your actions violate any law, rule, regulation and/or the Terms of Use Agreement, including, without limitation, this Privacy Policy, Rules or Additional Terms;
In connection with Promotions, as necessary to administer the Promotion or as required by applicable laws, rules or regulations (for example, to provide winners' lists or make required filings as appropriate);
If you opt-in or otherwise agree to have your Personal Information shared with or otherwise disclosed to a third party for marketing purposes, in which case the third party's use of your Information is subject to the third party's own privacy policy;
If, in our sole discretion, we believe such disclosure to be necessary or appropriate: to investigate or resolve possible problems or inquiries; to protect our business and assets or the rights, property or safety of the Site, the Spike Channel, the Parent Companies, the Affiliates, or any of its or their operational service providers, licensors, suppliers, Advertisers, customers, users, or any other party; to limit our legal liability; to defend our interests; to enforce this Privacy Policy or the Terms of Use Agreement and/or to comply with our legal and regulatory obligations or requests by law enforcement agencies or governmental authorities and/or
In the event of a bankruptcy, merger, acquisition, sale, transfer of control, joint venture or other business combination involving us, or our Parent Companies or Affiliates.

b. Sharing and Disclosure of Other Information. We may share or otherwise disclose Other Information with third parties, but we do not disclose Personal Information to them except as described in this Privacy Policy.

7. Reviewing, Updating or Deleting Certain Information.

Generally, you may review, update or delete certain Information collected by the Site by, if you are a registered user of the Site and logged into the Site, by clicking "Profile" or your display name at the top of the Site and then selecting "Edit Profile." However, Personal Information that is necessary to check eligibility, such as date of birth or age, cannot be deleted, but may be modified with sufficient verification of the correct information. We will allow you to change the password portion of your User ID, as well as certain other Information you have given us in order to keep your information current, but once you select a user name you will not be able to change that user name provided to us during registration and which is associated with your User ID.

You may also exercise certain privacy settings options by, if you are a registered user of the Site and logged into the Site, clicking "Profile" or your display name at the top of the Site, selecting "Edit Profile" or "Manage Account" and selecting the "Privacy" tab.

Certain Information collected for certain entries into Promotions are subject to corporate and regulatory recordkeeping requirements and will not be deleted upon the user's request, unless the entrant is a child under the age of 13 years old.

If the burden or expense of providing access to your Information is disproportionate to the risks to your privacy or if the legitimate rights of others would be violated, we may decide not to provide access to such Information. In such cases, we will provide to you an explanation of why access cannot be provided and contact information for further inquiries.

Children or Ineligible Teenagers. If we, or our Parent Companies or Affiliates, inadvertently send an email or text message to a person that does not meet the age and other eligibility requirements of the Site, such as a child (a person under the age of 13) or others who do not meet the greater age requirements of certain features of this Site ("Ineligible Teenagers"), the child (or Ineligible Teenager) or the child's (or Ineligible Teenager's) parent or legal guardian (the "Parent") always has the right to unsubscribe (opt-out) from receiving future emails or text messages via the unsubscribe mechanism contained in the email or message. The same unsubscribe process is available to a parent or legal guardian of a minor (a person under the age of 18, or the age of majority in your state).

In addition, Parents of children or Ineligible Teenagers who wish to terminate their child's or Ineligible Teenager's membership must use their child's or Ineligible Teenager's User ID to gain direct access to the account, and follow the procedures in the "Deactivation/Termination of Your Registration or Use" Section of the Terms of Use Agreement to terminate their child's or Ineligible Teenager's membership. We will not allow direct access to a user's account and Personal Information by any person without the user's User ID. If a Parent does not have his or her child's or Ineligible Teenager's User ID, the Parent will be required to send an email to the Privacy Administrator that includes the Parent's name, address, telephone and email address, in addition to the child's or Ineligible Teenager's name and email address as registered on the Site, plus the child's or Ineligible Teenager's date of birth. The Parent must also provide verifiable identification that they are the parent or legal guardian of the child or Ineligible Teenager. Spike will send a confirming email to the Parent via the email address provided to verify that the Parent wishes to terminate his or her child's or Ineligible Teenager's account and registration. The Parent must then confirm by sending a reply email to the designated return address. Spike will then terminate the child's or Ineligible Teenager's account but will notify the child or Ineligible Teenager of the termination request via email and will identify the name, address and email address of the person making the request.

8. Protection of Information.

While no data transmission over the Internet is 100% secure from intrusion, we maintain commercially reasonable physical, electronic and procedural safeguards to protect your Information. However, regardless of our efforts and the Device you use to access the Site, it is possible that third parties may unlawfully intercept or access transmissions or private communications over an unsecured transmission. We conduct financial transactions via secured transmissions but may not always secure other parts of the Site. We also limit access to the Site by our own employees to those individuals who are authorized for the proper handling of such information and any employee found violating our standards of security and confidentiality will be subject to our disciplinary processes. We request that our operational service providers follow similar standards of security and confidentiality.

Phishing. Phishing attacks attempt to steal consumers' personal identity data and financial account credentials. "Phishers" use 'spoofed' e-mails to lead consumers to counterfeit websites designed to trick recipients into divulging Information such as credit card numbers, account usernames, passwords and social security numbers. WE DO NOT SEND EMAILS ASKING YOU TO PROVIDE OR CONFIRM CREDIT CARD NUMBERS, SOCIAL SECURITY NUMBERS OR YOUR USERNAME OR PASSWORD! If you receive such email communication, please forward it immediately to the Site's Privacy Administrator at spike-feedback@spike.com , and then immediately delete the fraudulent email from your computer.

9. Your California Privacy Rights.

If you are a resident of the State of California, we provide you with information on how to exercise your disclosure choice options such as your right to opt-out (which we may sometimes refer to as "unsubscribe") or opt-in for use of your Personal Information by third parties (such as Advertisers) for marketing purposes. Therefore, pursuant to the California Civil Code, we are not required to maintain or disclose a list of the third parties that received your Personal Information for marketing purposes during the preceding year.

If you are a California resident and wish to request information about how to exercise your third party disclosure choices, please send a request by email to the Privacy Administrator at spike-feedback@spike.com or by postal mail to Privacy Administrator
SPIKE Digital Entertainment, Inc., 2600 Colorado Avenue, 3rd Floor, Santa Monica, California 90404.

All requests must be labeled "Your California Privacy Rights" on the email subject line or envelope or post card. For all requests, please clearly state that the request is related to "Your California Privacy Rights", include your name, street address, city, state, zip code and e-mail address (your street address is optional if you wish to receive a response to your request via email) and indicate your preference on how our response to your request should be sent (email or postal mail). We will not accept requests via the telephone or by facsimile. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.

10. Changes to this Privacy Policy and Notice.

We reserve the right to revise this Privacy Policy at any time by posting an updated Privacy Policy without advance notice to you. Such revisions shall be effective immediately upon posting. Notice of material changes will be posted on the Site's homepage and/or will be provided by e-mailing you or notifying you upon login about these changes; the form of such notice is at our discretion. However, we encourage you to check this Privacy Policy and Terms of Use Agreement often for updates.

11. Miscellaneous.

a. Accuracy and Confidentiality. It is your responsibility to give us current, complete, truthful and accurate information, including Personal Information, and to keep such information 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 Personal Information or you fail to update such information or Personal Information. We will reject and delete any entry that we believe in good faith to be false, fraudulent or inconsistent with this Privacy Policy.

You are solely responsible for maintaining the strict confidentiality of your User ID, if applicable, 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 the activity, behavior, use and conduct on the Site under your User ID (whether used by you or any others who use your User ID), unless and until you notify us that your User ID may have been compromised, misappropriated or improperly taken or used by another party. We reserve the right to deny access, use and registration privileges to any user, including without limitation, a registered user, of any services, features or functions of the Site if we believe there is a question about the identity of the person trying to access the user's account or any services, features or functions.

Further, if you use any of the Communities features and functions made available on or through the Site, please remember that any Information disclosed in these venues is automatically made public and please use caution when disclosing any Personal Information in the Communities, as you do not know who will access and use your Personal Information or for what purposes. Spike is in no way responsible for the accuracy, use, or misuse of any information, including Personal Information, that you disclose or receive through these venues and you should assume that any disclosure you do make in these venues will be available publicly, even without your knowledge or authorization.

b. Questions. If you have questions about this Privacy Policy or if you do not understand any information about how we collect, maintain, use or share your Personal Information or Other Information, you may contact us directly by sending an email to spike-feedback@spike.com or please contact our Privacy Administrator at
SPIKE Digital Entertainment, Inc., 2600 Colorado Avenue, 3rd Floor, Santa Monica, California 90404., c/o Privacy Administrator.

c. Sole Statement: This document is the sole statement of the Site's Privacy Policy and no summary, restatement or other version thereof, or other privacy statement or policy, in any form, including, but not limited to, machine-generated, is valid.

d. Other: Please review our Terms of Use Agreement which governs your use of the Site. Any terms that are not defined in this Privacy Policy shall have the meaning given in the Terms of Use Agreement.

This Privacy Policy was last modified on the date indicated above and is effective immediately.

Our terms of use and privacy policy have been updated.
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