By using the Lycos Mix service, you agree to these Terms of Use and the following terms and conditions and policies, including any future amendments (collectively, the "Agreement"):

• General Terms and Condition
• Privacy Policy

1. Description of Service and Web Publishing. Lycos offers a service that allows Members to (a) create personal web pages containing play lists of videos available from various third party hosting services (b) comment on play lists or content contained on web pages of other Lycos Mix members. Each web page will be maintained with a URL structure unique to that user's web page. These web pages can be viewed by any Lycos user and the content included in a Member's play list may be viewed via links from such web page to the third party site from where the content is hosted and served. Lycos reserves the right, in its sole discretion, to reject, refuse to post or remove any posting or linking by you, or to restrict, suspend, or terminate your access to all or any part of the Lycos Mix Service, at any time, for any reason, with or without notice. Lycos reserves the right, in its sole discretion, to change or discontinue the Service at any time, without notice. Lycos grants you a personal, non-exclusive, non-transferable, limited and revocable license to use the Service subject to the terms of this Agreement. Your license terminates immediately upon termination of the Service or if we believe you are in violation of this Agreement.
   
   Pursuant to Section 12 of the General Terms and Conditions, Lycos offers versions of the Lycos Mix services that are free of charge, exclusive of Internet or other telecommunications and computer equipment charges and fees. Any aspect of such services may be modified by Lycos for any reason or for no reason at all, in Lycos' sole discretion, without prior notice, or any notice..
   
   You acknowledge and agree that Lycos runs advertisements on the web pages of its users of unpaid services and grant Lycos the right to do so. These advertisements may include, without limitation, "banner" advertisements and "pop-up text" advertisements. The manner, mode, and extent of such advertising are subject to change.
2. Use. The Service is made available to you for your personal use only. You must be at least thirteen (13) years of age to use this Service. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. Lycos reserves the right to refuse service to anyone at any time without notice for any reason.
3. Member and User Conduct. You understand that all information, data, text, software, music, sound, photgraphs, graphics, video, messages or other materials (the "Content") posted by you in connection with the Lycos Mix service or linked to from your Lycos Mix web page are the sole responsibility of the person from whom such Content originated. Thus, you, and not Lycos, are solely responsible for all Content that you upload, post, transmit, link to from the Lycos Mix service. Lycos dos not control the Content posted or linked to by users of the service and does not guarantee the integrity or quality of such Content. Upon registering, you will receive a password and Lycos ID. You are responsible for maintaining the confidentiality of the password and ID, and are fully responsible for all activities that occur under your password or ID. You agree to (a) immediately notify Lycos of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Lycos Network cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.
   
   In addition to the Prohibited Conduct listed in Section 6 of the General Terms and Conditions, you agree that you will not use the Lycos Mix Service to engage in any activity that:
   
   
   1. exceeds the rights granted for your use of the Service and its Content, which includes unauthorized copying or distribution of any content or creating an unauthorized derivative work;
   2. circumvents any mechanisms for preventing the unauthorized reproduction or distribution of any Content or the Service;
   3. violates this Agreement in any way;
   4. is unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable
   5. violates or infringes the legal rights of others, including, but not limited to, rights of privacy and publicity, and proprietary rights
   6. intentionally distributes viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature
   7. transmits content that may be harmful to minors
   8. solicits personal information from minors
   9. involves commercial activities, such as contests, advertising, pyramid schemes and the like, without prior written consent from Lycos
   10. impersonates another person, business or entity
   11. promotes or encourages illegal activity
   12. interferes with other Lycos Mix users' enjoyment of the Service
   13. uses the Service in any way that may damage, disable, overburden, or impair Lycos' networks
   14. uses the Lycos Mix Service in any way that exposes Lycos to criminal or civil liability
   15. generates or facilitates unsolicited commercial email ("spam")
4. Objectionable Content. Certain content on the Lycos Mix Service may not be suitable to minors or other users. Such Content may or may not be identified as having explicit language. Therefore, you acknowledge that you are using the Service at your sole risk and that we have no liability to you for content that may be offensive. You are responsible for supervising the use of the Service by any minor.
5. Ownership Rights of Content Posted on the Lycos Mix Service. Lycos does not claim any ownership rights in the Content which you post or link to on your Lycos Mix site. You hereby represent that (i) you own the Content posted on your Lycos Mix site or have the right to post such Content, (ii) by posting the Content on the Site, you are not violating the copyrights, proprietary rights, publicity rights or any other rights of any party; and (iii) except for Content posted by you, you will not copy, modify, publish, transmit, distribute, or sell any Content appearing on the Lycos Mix Service. You are solely responsible for the Content which you post or link to on or through the Lycos Mix Service. Lycos does not endorse and has no control over the Content. Lycos makes no warranties, express or implied, as to the Content or the accuracy of the Content.
   
   With respect to Content that consists of photos, graphics, audio or video submitted by you for inclusion in the Lycos Mix service, you hereby grant to Lycos the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Lycos Network solely for the purpose for wich such content was submitted or made available. This license continues for only as long as you elect to continue to include such Content on the Lycos Mix service and will terminate at the time you remove or Lycos removes such Content from the Lycos Mix service.
   
   With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Lycos Mix service, you grant to Lycos a perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into any format or medium now known or later developed.
6. Copyright Policy. You may not post, distribute, or modify any copyrighted material, trademarks, or other proprietary information belonging to any third party without obtaining the prior consent of the owner of such rights. It is the policy of Lycos, in appropriate circumstances, to disable and/or terminate the accounts of users who engage in repeated copyright infringement. Lycos reserves the right to transmit the notification to the user of the site containing the allegedly infringing material. Lycos also reserves the right to transmit any counternotification to the complaining party. If you believe that your work has been copied in any way that constitute copyright infringement, please provide Lycos with the following:
   
   
   • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
   • Identification of the copyrighted work claimed to have been infringed.
   • Identification of the material that is claimed to be infringing, and the URL and other information reasonably sufficient to permit us to locate the material.
   • Your name, address, telephone number, and email address.
   • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
   • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
   and send to Lycos' agent for notice of claims of copyright infringement, at:
   
   Registered Copyright Agent
   Lycos, Inc.
   100 Fifth Avenue
   Waltham, Massachusetts 02451
   Telephone: (781) 370-2700
   Fax: (781) 370-2990
   Email address: copyright@lycos-inc.com
   
7. Disclaimers. Lycos is not responsible for any inaccurate or unreliable Content posted or linked to on the Lycos Mix Service, whether caused by Members or any equipment associated with the Lycos Mix Service. Profiles created on the Service may contain links to other websites. Lycos is not responsible for the Content, accuracy, or opinions expressed on any such website, and Lycos does not review or monitor any such website. Lycos does not endorse any linked website or Content on the Lycos Mix Service. THE LYCOS MIX SERVICE IS PROVIDED "AS-IS" AND LYCOS EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. LYCOS DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM USE OF THE LYCOS MIX SERVICE.
8. Limitation of Liability. IN NO EVENT SHALL LYCOS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF LYCOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LYCOS' LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO LYCOS FOR USE OF THE LYCOS MIX SERVICE.
9. Representations and Warranties. You represent and warrant that all of the information provided by you to Lycos to participate in the Service is accurate and current; and you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
10. Member Disputes. You are solely responsible for your interactions with other Lycos Mix users. Lycos reserves the right, but has no obligation, to monitor disputes between you and other members.
11. Privacy. As a condition to using the Service, you agree to the terms of the Lycos Network Privacy Policy as it may be updated from time to time. You expressly acknowledge and agree that the Lycos Network may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the General Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Lycos, its users and the public. You acknowledge and agree that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by Lycos with regard to its users may be disclosed in accordance with Lycos' Privacy Policy.
12. Termination. Lycos may at any time and for any reason terminate the Service, terminate this Agreement, or suspend or terminate your access to the Service. Any data you have stored on the Service may be unavailable later. Sections 3 - 9, and 12 - 15 of the Agreement, along with applicable provisions of the General Terms of Service (including the section regarding limitation of liability), shall survive expiration or termination.
13. Indemnification. By using the Service you agree to hold harmless and indemnify Lycos, Inc. and its parents, subsidiaries, affiliates, officers, employees, and licensors and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the Service, or your posting of or linking to Content and/or related materials to the Lycos Mix Service or from any person's use of any account or password you maintain with any portion of the Lycos Network, regardless of whether such use is authorized by you.
14. Choice of Law and Jurisdiction. Unless expressly stated to the contrary elsewhere within the Service, all legal issues arising from or related to the use of the Service shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the Commonwealth of Massachusetts applicable to contracts entered into and wholly to be performed within said state. Any controversy or claim arising out of or relating to these Terms and Conditions or any user's use of the Service shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Boston, Massachusetts, and judgment on the arbitration award may be entered into in any state or federal court in Massachusetts having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any state or federal court in Massachusetts having jurisdiction thereof. Except as set forth above, the state and federal courts of Massachusetts shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms and Conditions or any user's use of the Service. By using the Service and thereby agreeing to these Terms and Conditions, users consent to personal jurisdiction and venue in the state and federal courts in Massachusetts with respect to all such disputes.