THEHOTHITS.COM STREAMING SERVICE

TERMS OF USE

Version 1.0 - Last updated 1 May 2007

1. Acceptance of terms

mcm syndication pty ltd trading as mcm entertainment of Level 8, 140 Bourke Street, Melbourne, Victoria, Australia (mcm) provides users with audio and video streaming services and related services (the Service) through its website located at thehothits.com (the Website).

mcm provides the Service and the Website to you subject to the terms set out in the following agreement, as updated from time to time (the Agreement). By using the Service or the Website you acknowledge that you have read and understood this Agreement and agree to be bound by it. When you register to use the Service, you will also be required to indicate your consent to this Agreement.

If you do not agree with this Agreement (or any updates to it) you should immediately cease using the Website and the Service.

2. Modification of this Agreement

This Agreement may be updated from time to time by mcm. mcm will place a notice on the Website indicating when this Agreement has been updated. By continuing to use the Service or the Website after this Agreement has been updated, you acknowledge that you have read and understood the updated Agreement and agree to be bound by it.

3. Use of the Service

Several restrictions apply to the use of the Service which you should note carefully:

• The Service is only for use by persons physically located in Australia. You must not use the Service if you are not physically located in Australia.
• The Service is only for use through personal computers (including laptops). You must not use the Service through mobile phones or similar devices.
• To use certain parts of the Service, you must register with us by providing a username and password. You must ensure that your username and password are kept confidential and secure from unauthorised access and not used by, or disclosed to, any other person. You are responsible for any person's access to and use of the Service through use of your username and password (whether such access or use was authorised or not).

mcm reserves the right to modify the Service or the content of the Website at any time without notice or liability to you. mcm may establish limits regarding use of the Service. These limits may be introduced or changed from time to time without liability to you. mcm will place a notice on the Website indicating when these limits have been changed.

You must always use the Service in accordance with all applicable Australian laws.

In order to use the Service, it is your responsibility to procure access to the Internet, to pay any costs associated with that access and to acquire any hardware and software necessary to facilitate that access. Please note that the Service streams its rich media in Flash Video format and your computer must be able to run the required version of Flash Video in order to use the Service.

4. Content available for streaming

The Service allows you to view certain sound recordings, music videos and other material as a streaming download (the Content).

You must only view the Content through the Service and the Website. You may link from another website to the main page of the Website, but you must not 'deep link' directly to Content on the Website, unless you have approval from mcm to do so.

mcm grants you a personal, non-transferable and non-exclusive licence to view the Content as a streaming download for your own private, non-commercial use, provided that you must not:

• (a) copy or attempt to copy the Content (other than the temporary copying which is a necessary part of the technical process to view or listen to the streaming Content) or store the Content in any way;
• (b) modify or adapt the Content in any way;
• (c) communicate, perform, publish, distribute or otherwise provide the Content to any third party in any way; or
• (d) sell, rent, lease, loan or otherwise exploit for profit any Content or use of or access to any part of the Service or offer to do any of those things.

Some Content is subject to additional restrictions which limit the number of times you may view or listen to a particular item of Content in a day or the number of times you may skip items in a playlist of Content. Any additional restrictions will be notified to you on the Website.

The Content is provided to mcm by third parties and mcm does not endorse and is not responsible for that Content. mcm gives no warranties (either express or implied) as to the suitability of the Content for any purpose or the completeness, reliability or availability of the Content. The Content is streamed and viewed or listened to by you entirely at your own risk.

mcm may terminate your licence to use any Content at any time without liability to you if mcm's right to grant that licence is terminated or expires.

5. Intellectual property rights

The Website is subject to copyright under Australian law and, under international treaties, the laws of many other countries. Except for Content provided by third parties and except as otherwise indicated, the copyright in the Website is owned by mcm, which reserves all rights.

Except for the direct purpose of using the Service and viewing, printing, accessing or interacting with the Website for your own personal use or as otherwise indicated on the Website, you must not copy, modify, adapt, communicate, publish, distribute or store any of the contents of the Website without mcm's consent.

The Website also includes registered and unregistered trade marks, which are owned by mcm and other third parties. Except to the extent that it is expressly indicated to the contrary on the Website, your access to or use of this Website does not constitute or create a licence or any other right to use the name, trade marks, trade dress, copyright or any other intellectual property of mcm or any other party whose intellectual property appears on the Website.

6. Links to third party sites and advertisements

mcm assumes no responsibility and accepts no liability for the condition or content of third party websites which may be linked to or accessed from the Website. Except as mcm may specifically state otherwise, mcm does not authorise the content of those third party websites. The Website may also contain third party advertisements which contain embedded hyperlinks to websites operated by third parties. The placement of third party advertisements on this Website does not constitute the recommendation or endorsement by mcm of the advertised goods or services. The third party advertiser is solely responsible to you for any representations or offers made by it, and for any goods or services which you agree to purchase from those third parties.

7. Competitions and promotions

Certain parts of the Website may contain competitions or promotions run by mcm or third parties. The terms for those competitions and promotions will be specified on the relevant part of the Website from time to time. By entering or participating in the relevant competition or promotion you agree to be bound by the relevant terms. Notwithstanding any specific terms, mcm specifically retains the right, at any time and without notice, subject to applicable legislation, to remove, alter or add to competitions or promotions on the Website without any liability to you. All competitions and promotions are only open to persons located in Australia, and prizes will not be awarded to people who do not meet this requirement at the time of entry.

8. Posting content on the Website

Certain parts of the Website may allow you to post comments or other content. You must not post any comment or content which is defamatory, obscene or offensive, constitutes racial or ethnic vilification, encourages any illegal activity or infringes any person's privacy or intellectual property rights. mcm may publish your comments or content on, or remove your comments or content from, the Website at any time without notice or liability to you.

9. Privacy

mcm requires that you provide certain personal information in order to register as a user of the Service. mcm will collect, use and handle your personal information in accordance with its Privacy Policy.

10. Disclaimer and Limitation of Liability

The Service and the Website and its entire contents are provided on an 'as is' basis. mcm and its officers, employees, agents and contractors give or make no representation or warranty (either express or implied) as to the suitability of the Service or the Website or its contents (including the Content) for any purpose or the completeness, accuracy, reliability, security or availability of the Service or the Website or its contents (including the Content); nor do they accept any responsibility arising in any way (including from negligence) for errors in, or omissions from, the Service or the Website.

mcm and its officers, employees, agents and contractors are not liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising directly or indirectly from your use or non-use of the Service or the Website, or your reliance upon the Service or the Content or other information contained upon the Website (whether arising from mcm's or any other person's negligence or otherwise).

You and mcm agree that any cause of action arising out of your use of the Service or Website must be commenced within twelve months after the cause of action accrues or you become aware of the facts giving rise to the cause of action, whichever is later. Otherwise, such cause of action is permanently barred.

Where any legislation implies any term, condition, representation or warranty into this Agreement or the Privacy Policy, and that legislation prohibits exclusion of that term, condition, representation or warranty, then that term, condition, representation or warranty is included. If so, and to the extent permitted by the legislation, mcm's liability for any breach of such term, condition, representation or warranty is limited to the supplying of the relevant goods or services again.

11. Indemnity

You agree to indemnify and keep indemnified mcm and its officers, employees, agents and contractors (those indemnified) in respect of any claim, liability, loss, damage, costs (including reasonable legal costs) or expenses which those indemnified may suffer or incur as a direct or indirect result of your use of the Service or Website, your wilful or negligent act or omission with respect to the Service or the Website, your breach of this Agreement or your breach of the rights of any third party.

12. Suspension or termination

Your ability to use the Service or all or certain parts of the Website may be suspended or terminated at any time without notice, and without any liability to you, for any reason including without limitation your non-use of the Service or the Website, your breach of this Agreement or suspension or termination of the Service as a whole. Any indemnities given by you and limitations on mcm's liability will survive such suspension or termination.

13. Governing law and jurisdiction

This Agreement is governed by and construed in accordance with the laws of Victoria, Australia. By using the Service or the Website you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria.

14. Miscellaneous

A right relating to this Agreement may only be waived by mcm in writing. mcm's failure to exercise or enforce any right or any provision of this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by mcm in writing. If any provision of this Agreement is found to be invalid or unenforceable by a court, such invalidity or unenforceability will not affect the remaining provisions, which will continue in full force and effect.