The Football Association Premier League Limited et al v. Youtube, Inc. et al

Filing 266

DECLARATION of Andrew H. Schapiro, Group 9, Exhibit 315 - 318 in Opposition re: 158 MOTION for Partial Summary Judgment dismissing with prejudice Defendants' First Defense asserted in Defendants' Answer to the Second Amended Class Action Complaint... Document filed by Google, Inc., Youtube, Inc., Youtube, LLC. (Attachments: # 1 Exhibit 319 - 335, # 2 Exhibit 336, Part 1, # 3 Exhibit 336, Part 2, # 4 Exhibit 336, Part 3, # 5 Exhibit 337 - 345, # 6 Exhibit 346 - 368, # 7 Exhibit 369 - 373)(Schapiro, Andrew)

Schapiro Exhibit 337

Schapiro Exhibit 338

85W Privacyand Legal Info - Terms of Service

Page 1 of6

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privacy & ilegaf infa
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h~sofservic· eri~cygo!icy coeyriyh!an(l trademark notice ofinflingemen!

TERMS

OF SERVICE

Welcome to the ATOMSHOCKWAVE.COM, SI1OCKWAVE.COM, GAMEBLAST.COM, ATOMFILIV1S.COM, ADDICTINGCLIPS.COM, ADDICTINGGAhllES.COM,

ATOMENTERTAINMENT.COM ATOM.CQIVI and websites (individually together, the "Site"). and
PLEASE READ THESE TERMS OF SERVICE ("TERMS") CAREFULLY BEFORE USING THIS SITE OR ANY APPLICATIONS OR SERVICES AVAILABLEFROM IT. This Site is owned and operated by Atom Entertainment, Inc. (reterred to as "Atom Entertainment"). "Yocl"are the person or entity using the Site, orderillg or using Applications or described in the Site registration form.

By using this Site, clicking on a button indicating your consent, or ordering or using certain
applications, services or software, and content such as games and films for use therewith, either at no charge or for a fee (such applications, services, software and any related content provided by Atom Entertainment or its licensors is referred to herein collectively as "Applications"), you agree to these Terms including hut not limited to conducting this transaction electronically, and to disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of California law. If you do not agree to these Terms, you do not have permission to use the Site. Atom Entertainment reserves the right, at its discretion, to

change, modify, add, or remove portions of these Terms at any time. Notification of changes to these Terms will be posted on the Site or sent via e-mail. If any future changes to these
Terms are unacceptable to you, you must discontinue use of the Site.

Payment terms and refund information applicahle)for Applications other products are provided (if and
in the ordering process and/or on the Help page in connection with ordering that product. You may also be sclbject to additional terms and conditions when you use third-party content, services, or software (includiny Applications) accessed through or promoted on the Site.
i. REGISTRATION AND ORDERING OBLIGATIONS

In consideration of your use of tl·le Site and/or Applications, you agree to pl.ovide true, accurate and complete i~~fonnalionabout yourself as prompted by the Site registration or. ordering process, provided that in conr\eclion with registration, you do not need to, and should not, use your full or true name for your username. In addition, you agree to update that information il.lorder to maintain its

truth,accuracy and completer-loss. addition,when submittinginformation cl.eate a subscription, In to
you agree to our credit card authorization policy, in which we issue a temporary ~au!horlzarig:! to

validateyour credilcard account. This policyI·lelpsprotect you against credit card fraud and willnot
result in a charge to your account, thaugl`l it may temporarily appear as a pending charge on some bank statements. Atom Entertainment may deny you access to the Site or re~ect your order in the ever~t that your information is untrue, inaccurate or incomplete.
2. AGREEMENT TO DEAL ELECTRONICALLY

Alltmnsactions withor through the Site or Atom Entertainmentmay, at AtomEntertainment'soption,
be conducted electronically. Atom Entertainment may keep records of any type of communication conducted via the Site?.All electronic, records are deemed sent whell they are? properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system Llnder the recipient's

control.Allelectronicrecords are received when the record enters ail information processing system
that the recipient has designated or Llses ~orthe purpose of receiving electronic records or

information the type sent, in a formcapable of being processed by that system, and fromwhichthe of
recipient is able to retrieve the electronic record.

3. OBLIGATION

FOR USIRIG YOUR PASSWORD

ALL CONTENT OR INSTRUCTIONS TRANSMITTED BY OR RECEIVED FROM ANYONE PRESENTING YOUR PASSWORD ON THE SITE WILL BE DEEMED BINDING ON YOU. You

agree that you are solely liablefor all actions taken via your password, whether or not made with your
knowledge or authority. You ayree to guard your password carefully, with the full awareness that a

failureto keep it secure willenable others to engage in transactions throuyh the Site for whichyou willbe legallyresponsible. If you suspect that someone may have obtained access to your password
who is not intended to have authority to act on your behalf, please contact Atom Entertainment

immediatelyto authorize AtomEntertainmentto deny access to the Site to anyone else presenting
your password. 4. LIMITED NON-COMMERCIAL LICENSE T0 USE SITE

AtomEnlertainmentI-lercby grants you the limitedrig~lt view and Llsethe Site oolylur the purposes to
of viewing or playing content such as films or games, posting Materials, placing product orders or for

accessing illl~rmatioll, Applicatiol·ls services. AtomEntertainmentreserves the riytltto suspend and
or deny, il'lits sole discretion, your access to all or anyportion of the Site as described
~nv mir\~~r chr~lIl~ s~r~L r:nnc~nl nf hi~ nr hur I~n~l nlllrrlian in Section 18.

This license is limitedto personal ar~dnor~-commercial uses by you. Any rights riotexpressly granted
to yocl herein are reservud to Atom Entertainment. No portion of tills Site is targeted to ctlildren, and
hclfnm Il~in~~thic sifp I Inlpsq ~a~ll hl~,~

U(HIBIT u

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received specific written permission from Atom Entertainrneclt, you may not (a) "frame" or otherwise impose editorial comment, commercial material or any information or content on, or in proximity to, content displayed on the Site or (b) alter or modify any content on the Site. Without limiting other
restrictions, Applications you agree not to reproduce, transmit, for any commercial purpose. sell, or othe~wise exploit the Site and/or

The Site may allow users to upload, post, andlor distribute Site for this purpose is subject to the following conditions:

user submitted

content,

and use of the

p You understand that all postings, messages, user feedback, data, comments, suygestions. information, text; data, soft~are, sounds, photographs; audio, audiovisual, video, artwork, graphics, files a~~dother materials of any nature ("Mater·ials") t~~atare transmitted to or via the Site are the sole respor~sibility of the person from which the Materials originated. This means ttlat the person who submitted the Materials, and not Atom Entertainment. is entirely responsible for the Materials transmitted through the Site. Further, you understand that by using the Sits you may be exposed to Materials that are offensive, objectionable or indecent. You agree that you must evaluate, arld bear all risks associated with, the use of any
Materials, incurred that you may not rely on said Materials, as a result of the use of any Materials and that under no circumstances emailed or otherwise will Atom

Entertainment be liable in any way for ariy Materials or for any loss or damage of any kind
posted, made available
via t~le Service.

·

You shall not create a user name or screen name or upload to, distribute through or otherwise publish t~lrough the Site any Materials which are indecent, libelous, defamatory, obscene, tl·lreatening, invasive of privacy or publicity rights, abusive, illegal, harassing,
contain expressions of I·,atred, bigotry, racism or pornography, or are otherwise

objectionable, or that would constitute or encourage a criminal offense, violate the rights of
any party or violate any law.

· ·

Your Materials, user name and/or scredn name will not disparage in any manner Atom
Entertainment, its Licensors. or their Applications, products, or services and sites.

Your Materials shall not illfringe the copyright, trademark, publicity/privacy right or other intellectclal property right of any third party.

b You shall not upload to, distribute through or otherwise publish through the Site any

Materialsthat are directlyor indirectly commercialin nature or contain any solicitationof
funds, promotion, advertising or solicitation for goods or services, including but not limited to "chain letters" "promo-codes", "pyramid schemes" al7d "spam". You specifically acknowledge that soliciting other users to join or become users or members of any commercial online web
site or other organization is expressly prohibited.

a You shall not upload to, distribute through or oll-lenn~ise publish tilrough the Site any Materials that contain viruses or any other computer code, corrupt files or programs
designed a You agree to interrupt, destroy or limit the functionality make available or disrupt any software, Materials that disrupt hardware, How of

telecommunications,

networks, servers or other equipment.
the normal

not to post or otherwise

message board dialogue with an excessive number of messages (i.e. flooding attacki or that otherwise negatively affects other users' ability to use message boards. · You agree nut to employ misleading email addresses, or forged headers or othenuise manipulated idelltifiers in order to disguise the origin of Materials transmitted through the
Site.

·

You agree not to post or otherwise make available Materials that impersonate any person or entity, including hut not limited to an Atom Entertainment employee, or falsely state or otherwise misrepresent your affiliation with a person or entity. You agree not to post or otherwise make available Materials that include personal or
identifying information about another person without that person's false, deceptive, misleading, deceitful, or misinformative. contacted; "stalk" or otherwise harass anyone; collect personal explicit consent or that is

·

a You agree not to use message boards to contact anyone who has asked not to be
data about other users for

commercial or unlawful purposes; to post repeatedly the same or similar messages or otherwise impose unreasonably large loads on our infrastructure; use automated means,
including spiders, from the message robots, crawlers, boards. or other data-mining tools or the like to download data

You acknowledge that Atom Entertainment does not pre-screen any Materials posted by you or other users, but that Atom Entertainment and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Materials. Without limitation, Atom Entertainment and its designees shall have the right to remove any Materials that violate the Terms or are otherwise objectionable, as well as terminate your access to the Site. Atom Entertainment may establish practices and limits concerning the use of the Site and Applications, including the maximum disk space that will be allotted to your use. You agree that Atom Entertainment has no liability or responsibility for the storage or deletion of any Materials that you submit or post. Atom Entertainment reserves the right to change these general practices and limits at
any time in its sole discretion, with or without notice.

Violations of Terms and Liquidated Damages Please report any violations of the Terms, by flagging the posting(s) for review, or by emailing abuse
8t7t01!!~ C1C)!COTI Our failure to act with respect to a breach by you or others does not waive Atom

Entertainment's right to act with respect to subsequent or similar breaches. You understarld and agree that, because damages are often difficult to quantify, if actual damages
carlrlol be reasonably calculated ti,en you will be liable to pay Atom Entertainmpnt liquidated

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damages

as follows:

a. if you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay Atom Entertainment one thousand dollars (51,000) for each such message. b. IIAtom Entertainment establishes limits on the frequency with whicl., you may access the Service, or tertninatos your access to or use of the Site, you agree to pay Atom Entertainment one hundred dollars (5100) for each message posted in excess of such limits or for each day on which you access the Site in excess of such limits, whichever is higher.

c. Ifyou send unsolicitedemail advertisements to AtomEntertainmentemnil addresses or through AtomEntertainmentcomputer systems, you agree to pay Atom Entertainmenttwentyfive dollars
(125) for each such email.

d. If you post messages in violation of these Terms of Use, other than as described above, you agree to pay Atom Entertainment one hundred dollars (S100) for each such message. In its sole discretion, Atom Entertainment may elect to issue a warning before assessing damages. OLha~wiso,you agree to pay Atom Entertainment's actual damages, to the extent such actual
damages can be reasonably calculated. LICENSE TO USE APPLICATIONS

5. LIMITED NON-COMMERCIAL

Atom Entertainment may offer you the ability to use Applications. For example, Atom Entertainment
may provide chat areas, bulletin boards, B-mail functions, software such as Uhe Shockmachine".'

software and services such as AtomFilmsHi-Def'" that allowyou to downloadspecificcontent from the Sites to your computer, multi-player games and software that allowsyou to create greetings,
puzzles, pl·lotographs, musical compositions and mixes, music videos and cartoons. WithoLltlimiting your obligations and restrictions described in Section 4, your limited license to use the Applications is subject to tile following conditions: · The Applications tl.lat are made available to you are the copyrighted work ofALom Entertainment andlor its suppliers. The use of each Application is goven7ed by the end user license agreement ("EULA") that accompanies or is included in the Application or is expressly stated on the Site pages accompanying the Application and these Terms. In the event that no EULA accompanies the Application, then the Terms shall govern your use of the Application. You may not download or use any Application from the Site without agreeing to the EULA, if any, and these Terms. Certain Applications may be owned by third parties and distributed cinder a third party EUL.Aand you agree that Atom Entertainment shall not be responsible for any loss or damage of any sort relating to your dealings with such third
parties.

a

Unless expressly stated ott~erwise in the EULA, you are granted only a limited license to download andlor use the Application from a single computer for personal and noncommercial purposes. You may not make copies of or distribute the Application or electronically transfer the Application from one computer to another or over a network, nor may yol.l separate any content from an associated Application. You may not decompile, reverse engineer, disassemble or otherwise reduce the Application to human perceivable form. YoLImay not rent, lease or sublicense the Application. You may not create derivative works of the Application and you may not export the Application in violation of any II.S. or

foreignlaw, rule or regulation.Allrights in Applicationsnot specifically granted to you in
writing by Atom Entertainment as further described in Section are reserved 18. to Atom Entertainment.

a Atom Entertainment may cease support of any Application at any tirrle in its sole discretion, · Applications you use or download from the Sites may contain third party digital rights management systems ("DRMS") which rr,ay allow for communication between your sof~are and the third party and utilize security features (e.g., preventing distribution of or access to

the applicationsin the event of unauthorizeduse). These DRMSare subject to their own
license agreements and you agree that Atom Entertainment shall not be responsible for any loss or damage of any sort relating to the use of the DRMS or your dealings with such third parties. The Applications may also contain DRMS produced by Atom Entertainment which allow for communication between the applications you use or download and our systems and which collect inlarmation describing your computer system in order to prevent illegal or unauthorized use of tile applications. More specifically, the DRMS for subscription services (e.y., GameBlast) and Applications licensed front the Site may transmit the following pieces of information, along with other information, when you either enter a purchase key or sign in with your subscription service user name and password: Operating System, CPU Version Information (inclLldingserial number from a serial-number-enabled Pentium III), BIOS
Version Information, NetBIOS Computer Name, DOS HD Serial Number, Hard Drive Size i

Geometry, S.M.A.R.T. IDE HD Serial Number, Network Card MAC Address, IP Address and Size of Physical Memory.
(i. CQPYRIGHTS ENTERTAINMENT, AND TRADENIARKS ITS AFFILIATES, NOR ANY THIRD PARTY HAS CONFERREO IIPON YOU BY

EXCEPT AS EXPRESSLY PROVIDED HEREIN BY T~·IESE TERMS, NEITHEK ATOM IMPLICATION, ESTOPPEL OR OTHERWISE, ANY LICENSE OR RIGHT UNDER ANY PATENT,
TRADEMARK, COPYRIGHT OR OTHER PROPRIETARY RIGHTS TO USE THE SITE OR ANY APPLICATIONS OFFERED ON THE SITE. NO O\JVNERSHIP RIGHTS ARE OR WILL BE
ASSIGNED TO YOU.

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Atom Entertainment will not tolerate copyright infringement and reserves the right to block, disable, or othe~wise remove any content or materials uploaded to the Site as well as terminate access to the Site if you engage in copyright or other intellectual property infringement. The law provides for civil and criminal penalties for copyright and otherintellcctual properly law infringements. Displaying, performing, storing, copying, distributing, or otherwise making available or using any content from the Site or Applications is prohibited, unless specifically authorized by Atom Entertainment. Accordingly no such colltent or Applications may be used on another web site without express written permission from Atom Entertainment. Please see Atom Entertainment's Copyright& Tladcr~rk~Notice for more detailed copyright and trademark information, use limitations and for notice and procedures for tnaking a claim of copyr-ight infringement to Atom Entertainment.
7. PRIVACY POLICY

Atom Entertainment respects your right to privacy and understands that visitors to Atom Entertainment need to be in control of their personal information. To that end Atom Entertainment has developed a Pl/vacyF-'o!icy, and you should review it carefully. Your use of the Site is youl· consent to the Privacy Policy.
8. SUBMITTING MATERIALS AND FEEDBACK

Unless you enter into a separate written agreemer~t with Atom Entertainment, Atom Entertainment

doss not clairr~ ownership in Materialsyou submit, however, by submittingMaterialsirlany formto
Atom Entertainrrlent, in addition to other provisions of the Terms, you automatically grant Atom Entertainment a royalty-free, world-wide, non··exclusive, and assignable right and license to else,
copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit,

dislribute, publicly display and publicly perform such Materials for t~le purpose of displaying arld promoting the Materials on any website operated by, and in any related marketing materials produced by. Atorr, Entertainment and its affiliates. You obtain no riytlts in any form, media, or technology illcorporating the Materiais. if you want to submit films, you should read the film
submission information.

S.INDEMMIIY

You agree to indemnifyand hold Atom Entertainment,its parent company, a~iliates, officers,agents,
partners and employees harmless from any claim or demand, including reasonable attorneys fees, arising out of your content and materials, yoclr use Ofthe Site, your violation of these Terms or your violation of any third party's rights including such party's copyrights and trademarks.
10. DISCLAIMER OF WARRANTIES

EXCEPT IF EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT (SUCH AS A
EULA) BETWEEN YOll AND ATOU ENTERTAINMENT, THE SITE AND APPLICATIONS OFFERED AT OR TI-IROUGH THE SITE ARE PROVIDED TO YOU "AS IS" !NITHOUT \NARRANTY OF ANY KIND AND \NITI-I ALL RISKS. ATOM ENTERTAINMENT HEREBY DISCLAIMS TO THE

MAXIMUMEXTENT PERMITTED BY LAW (A) ALL WARRANTIES EITHER EXPRESSED OR
IMPLIED, INCLUDING, WORNIS, TROJAN BUT NOT LIMI`TED TO, IMPLIED WARRANTIES OK OTHER CODE THAT MANIFESTS OF klERCHANTABILITY OR

OR FITNESS FQR A PARTICULAR PURPOSE; AVAILABILITY TWE SITE; L.ACKOF VIRIISES, OF
HORSES, CONTAMINATING

DESTRIJCTIVE PROPEHTIES; ACCURACY, COMPLETENESS, RELIABILITY,TIMELINESS, CURRENCY, OR IJSEFIJLNESS OF ANY INFORMATION ON THE SITE; AND (B) ANY DUTIES OF
REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE SITE, APPLICATIONS, OR RELATED INFORMATION. 7Hf ENTIRE KISK AS TO SA^TISFACTORY QUALITY, PERFORMANCE, ACC?IRACY AND EFFORT IN CONNECTION WITH THE SITE, APPLICA`TIONS, AND RELATED INFORMATION IS RORNE. RY YOU. SOME STATES

DO NOT ALLOW THE EXCLUSION OR LITV1ITATION IMPLIED WARRANTIES, SO 7Hf ABOVE OF
LIMI'TATION MAY NOT APPLY TO YOU. IN ADDI`TION, ATOM ENTERTAINMENT APPLICATIONS, AND RELATED DISCLAIMS ANY WARRANTIES OF NON-

INFRINGE~EMT, TITLE OR ~UIET ENJOYMENT IN CONNECTION WITH THE SITE,
INFORMATION.

II. ASSUMPTION OF RISKS AND MATURE CONTENT YOU ASSUME BLL RISKS THAT THE SITE. APPLICATIONS,

AND RELATED

INFORMATION

ARE

SUITABLE OK ACCURATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY,
SECUHE OR ERKOR-FREE. ANY APPLICA'TIONS DOWNLOAC)ED OR OTHERWISE OBTAINED TWROUGH `THE SITE ARE AT YOUR OWN DISCHESION AND R15K AND YOU ARE SOLELY HESPONSIHLE FOK ANY DAMAGE 7'0 YOUR COMPUTER OR LOSS OF DATA. BY PAHSICIPA1'ING IN MUI.TI-PI_AYER GAMES OR VISITING CHA'I' HOOMS YOU MAY BE EXPOSED TO RUDE, CRUDE, INDECENS, OR OT'HER OFFENSIVE LANGUAGE OR REFERENCES. YOU AGREE THAT ATOM ENTERTAINMENT SHALL NOT BE RESPONSIRLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING 'r0 YOVR DEALINGS WITH ANY THIRD PARTY ADVERTISEK OR CONTENT PROVIDER ON THE SITE.

Atom Entertainment

Corp. wishes

to assist

parents

in their efforts to screen

the material

that their

childrencan view online. Matclre content on AtomFilms.com rated withthe Internet Content Rating is
Association (ICRA). Atom Entertainment cannot be held responsible for misdeliver~d information, missed notifica tion, or third-party softwa re that malfunctions and allows viewing of mature content on
AtomFilms.

M,hile no parental software package replaces careful supervision of Internet use by children, these parental software products may be useful. Some sample parental software products include but are not limited to: Net Nanny Ch!!p~!~~i~/~,o~~!2890~5C?~Ltpl//w~,?N,nc.tl?a~,lom/) ,

Cyber Patrol (h!!p:~?a~l~:_h~:v~e.org!\lveb/2~6V12~~j_5_7!hnp~l!~v~:~c)l~pa~t~o~,co~)?· Cyhersitter
(htte~/wsb.archjve,org~~q0801289045B7!ht!p:~ww,~Qlidoak,c_oml) Please be advised that Atom Entertainment does not endorse any one parental software package and is not responsible for the malfunction of any parental software package that you may chose to use.

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12. NO INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER ATOM ENTERTAINMENT NOR ANY OF ATOM ENTERTAINMENTS AFFILIATES OR AGENTS WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUS NOT LIMITED TO LOST PROFITS, LOSS OF PRIVACY OR FOR FAILURE 10 MEET ANY DUTY INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH,

LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT) OR ANY OTHER INDIRECT,
SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED THE SITE, APPLICATIONS OR RELATED INFORMATION, OR TO ANY BREACH OF THESE TERMS. EVEN IF ATOM ENTERTAINMENT HAS BEEN ADVISED OF THE POSSIBILITY OF STRIC'T OR PRODUCT LIABILITY. SOME STATES LIMITATION OF LIABILITY FOR CONSEQUENTIAL MAY NOT APPLY 10 YOU. DO NOT ALLOW THE EXCLUSION OR DAMAGES, SO THE ABOVE LIMITATION TO

SUCH DAMAGES ANDEVENIN THE EVENTOF FAULT, TORT(INCLUDING NEGLIGENCE) OR

13. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY YOU AGREE TI·IAT' YOUR SOLE REMEDY FOR ANY BREACH

OF THESE

TERMS

RY ATOM

ENTEKTAINMENI OR ANY OF' ATOM ENTERTAINMENT'S AFFILIATES OR AGEN`TS SHALL BE, A'TA'TOM ENTERTAINMENTS OP7`10N, (I)SUBSTITUIION OR REPLACEMENT OF ALL OR
PART OF THE APPLICATION OR PRODUCT THAT GIVES RISE 7`0 DAMAGES INCURRED BY

YOU IN REASONABLE RELIANCE ON ATOM ENTERTAINMENT; OK (2) REFUND OF THE
AMOUNT THAT YOU PAID TO ATOM ENTERTAINMENT. YOU AGREE TI·1AT THE DAMAGE EXCLUSIONS IN THESE TERMS SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 14. YOUR REPRESENTATIONS AND WARRANTIES

You reprsssnt and warrant for t~le berlefit of Atom Erltenainmertl, Atom Entertainment's suppliers, and arty third parties mentioned on the Site, in addition to other representations and obligations contained in these Terms, that: (a) you possess Ihe leyal right and ability to enter into and make the representations and warranticis contained in these Terms; (h) all information submitted by you to the Site is trcle and accurate; !c) yocl will keep yoclr registration information cclrrent; (d) yocl will be responsible for all use of your password even if such use was conducted without your authorily or permission; (e) you will not use the Site for any purpose that is unlawful or prohihited by these Terms. (f) you are the owner of the Materials and they are original to you; (g) the rvlaterials do not infringe any thjrd party right, such as copyright, trademsrk, and puhlicity/privacy right; (h) the Materials do not constitute defamation or libel or otherwise violate the law, and (i) you agwci to defend, indemnify, and hold Atom Entertainment land its employees, representative, ayents, and assigns) harmless from
breaches of (a) through (h).

15. LINKS; ADVERTISERS

The Site contains links to third party sites that are not under tl·le control of' Atom Entertainment and Atom E~terlainment is not responsible ~orany cont~nt on any linked silo. If you access a third party sib from the Site, then you do so at your own risk. Atom Entertainment provides links only as a
convenience and the inciusion of Ihe link does not imply that Atom Entertainment endorses or

accspts any responsibility fur tho content on those Ihird party sites. Additionally, your dealings with or participation in promotiorls of advertisers found on the Site, including payment and delivery of goods, and any other terms (such as warranties) are solely belween you and such advertisers. You ayree Ihal Atom Entertainmsnt shall not bt? responsible fur any loss or damage of any sol-Lrelating to your
dealings with such advertisers. USAGE

16. INTERNATIONAL

This Site is controlled and operated by Atom Entertainment from its offices within California, United States of nmericn. Atom Entertainment makes no representation that the Site, Applications, or related information offered by Atom Entertainment are appropriate or available in other locations.
Those who choose to access the Site from other locations do so on their own initiative and al.e

responsible for compliance with local laws, if and to tho extent local laws aro applicable.
17. OWNERSHIP

The Site, Applications, and related information are the exclusive pruperty of Atom Entertainment or its suppliers. All rights not licensed herein are hereby reserved to Atom Entertainment or its suppliers.
18. TERMINATION
APPLICATIONS

OR CANCELLATION

OF SITE ACCESS;

MODIFICATIONS

fO SITE AND

If you violate these Terms. Atom Enlertaillmenl may terminate or cancel your access riyhts to the Site a,ldlor Applications immediately without notice. Atom Entertainment may also block your use of the Site andlor Applications or direct you to cease using it. Atom Entertainment reserves the right at any time to mudily or disoontinva the Site, Applications, or any part thereof and you ayree that Atom Entcrtainmanl shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, Applications, or any part thereof, except you may receive a pro-rata refund in the evel~t such modification, suspension, or discontinuance matL`riallyaf~cts your access to those parts of the Site or Applica tions that you have paid for.
19. EXCLUSIVE JURISDICTION

These Tsrms shall be govarned by the laws of the State of California without reyard to its connict of

law provisions.Any disputes arising under or related in any way to these Terms, the Site or any Applicationshall be litiIlatedor otherwise heard in the appropriate fol.umin San Francisco County,
California. The parties hereto hereby consent to the exclusive jurisdiction of the state and federal courts sitting in the County of San Francisco, California, and hel·eby waive any claim or defense tha~ such forum is not convenient or proper, and consent to service of process by any means authorized
by Californin law.

20. ENTIRE AGREEMENT

Those Terms, as amended, your registration forms, and the disclosures provided by Atom

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ASW Privacy and Legal Info - Terms of Service

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Atom Entertainment. If any provision of these Terms andlor the Privacy Policy shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms andior the Privacy Policy, as applicable, and shall not affect the validity and enlorceahility of any remaining provisions. Atom Entertainment's failura to act with respect to a breach by you or others does not waive Atom Entertainment's right to actwith respect to subsequent or similar breaches.
21. AMENDMENTS

You agree that Atom Entertainment may amend or modify these Terms or impose new conditions at anytime by updating these Terms on the Site or upon notice from Atom Entertainment to you as

pclblished through the Site or by email. Any use of the Site or order by you after such updating shall he deemed to constituteacceptance of such amendments, modifications, new conditions.Ifyou do or
not want to be bound by an amendment, you will need to terminate your registration, if any, and refrain from using the Site or using or ordering Applications after that date?. No other amendments will be valid unless they are in a paper writing signed by Atom Entertainment and by you.
22.NOT1CES

Except as expressly stated otherwise, any notices required or allowed under these Terms shall be given to Atom Entertainment by postal mail to: Atom Entertainment, Inc., 225 Bush Street, Suite
1200, San Francisco, CA 8·210·4, or as to a successor address that Atom Ente~ainment rrlakes

available on the Site or through other reasonable manner. If applicable law requires t~,at Atorn Entertainment accepts email notices (but not otherwise), then you may send Atom Erltc?rtainrnent email notice using AtorTIEntertainment's Con!act~!smLnt_eltj~inment~rz!. With respect to Atom

Entertainment'snotices to you, Atom Entertainmentmay providenotice of amendments by posting
them in the Site and you agree to check for c~larlges. Instead or in addition, Atom Entertainment may give notice by sending email to the email address you provide during registration. Notice shall he deemed given 24 I·lours after it is posted or an email is sent, unless las to email) the sending party is
notified that the email address is invalid.

Contact Information Disclosure. Atom Entertainment's name and street address is Atom Entertai~lment, Inc., 225 Bush Street, Suite 1200, San Francisco, CA 94104 and Atom

Entertainment'stelephone number is 415-503-2400.11: are a Californiaresident, you may have you
il-,issame information omailod to you by sending a letter to the foregoing addl.ess with your email address and a request for this information. The Complaint Assistance Unit of the Division of Consumer Sites o~the Depa rtment of ConsLlmer AAairs may be coi~tactod a t 400 R Street, Sacramento, CA 95814 or [phone]. Last i)pdated on January 12, 2006.

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Schapiro Exhibit 339

Schapiro Exhibit 340

Schapiro Exhibit 341

AddictingClips Overview Updated 4/18/06

i.

OVERVIEW

AddictingClips is a leading user-generated entertainment service, enabling users to upload, host,
and share their video clips, cartoons, and Flash games.

At launch (3/30/06), AddictingClips is the most versatile and entertaining user-generated entertainment service, giving users more ways to share more types of content. With strong support from Atom Entertainment staff and Web properties, it has the potential to be the most
successful business in the category.

2. CONTENT

OPERATIONS

Content uploaded to AddictingClips is immediately published on the public site without an editorial review. Thus, AddictingClips is a "passive conduit," which provides end users with a platform far self-expression and creativity without being subject to editorial control by a third party. After content is published on AddictingClips, the site community provides feedback on the content
which dictates its future.

Positive Feedback:

A small percentage

of the site's most successful

content, as

evidenced by factors such as high user ratings or a large number of views, is reviewed
by AddictingClips staffers. "Cash For Clips" program. Some of this reviewed content is slotted in the site's "Featured

Clips" area, and some of it is selected to earn money and further distribution through the Negative Feedback: If members report that a certain clip violates the Atom Entertainment Terms of Service, that clip is promptly reviewed by AddictingClips customer support and/or legal staff. If the content is found to be illegal, it is promptly
removed from the site.

Specifically, the Terms of Service states that users cannot upload content that is "indecent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing, contain expressions of hatred, bigotry, racism or pornography, or are otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party or violate any law...[orj infringe the copyright, trademark, publicity/privacy right or other intellectual property right of any third
party." The full text of the Terms of Service are available at this URL: htta :l~·d;v~?w.~~ornenterlai!,me:lt.corr!iasw legal iarms.t~ltm.

3. KEY FEATURES

OF ADDICTING

CLIPS

A. Uoload your clips to the Web immediately
Video, Flash animation, Flash games From your computer or cell phone B. Share your clips online Upload for the world to see (or just your friends) · Embed or link clips on your own site

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C.

Personalize

and customize

Get "MyAC" -- your own video homepage
Collect your own clips and other favorites Get feeds of new clips in your interest areas

D. Earn money and recognition · Our top clips get distributed to AtomFilms - the leading channel for original shortform entertainment

·

Top clips get paid through our Cash For Clips program

E. Use our video search & directory tools to discover thousands more clips Our directory contains thousands of clips from around the Web, editorially selected
for their entertainment value

Want more? Use our video search engine to scour the entire web

4. COMPETITIVE

POSITIONING

Many sites offer video sharing functionality, but AddictingClips stands alone as the most versatile
and entertaining
·

service in the category:
versatile

AC is more

o o

We accept Flash animation and Flash game uploads, in addition to video We accept video uploads directly from cell phones In addition to showcasing the best clips from AddictingClips users, we direct

AC is more comprehensive users to watch the best clips on other sites We have a video search engine that crawls the entire Internet

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AC is the place to get seen and get paid

o o o

We have millions of entertainment fans on the site every month Our top clips get distributed to AtomFilms - the Web's leading channel for
original short-form entertainment

Top clips get paid through our Cash For Clips program Because AC is a part of Atom Entertainment, a disproportionate amount of our users are entertainment fans and/or creators, who tend to upload content that is more creative and fun. A clip that is truly "addicting" appeals to more than just
family and friends!

AC is more fun

·

AC is a real business

o o o o

The service is supported by Atom Entertainment's family of successful and
profitable entertainment (Comscore), destinations and their related audiences.

A partner site to AddictingGames, which boasts over 6,000,000 monthly uniques
primarily young men monthly unique users (Comscore) do it with us!

Support from AtomFilms - "the web's best pit stop for fun" (BusinessWeek), with
over 4,000,000

Atom Entertainment's large direct sales force will ensure that big brands who
want to be a part of user-generated-entertainment

CONFIDENTIAL

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5. FEATURE COMPARISON

(Updated 3/27/06)

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Schapiro Exhibit 342

Redacted at the request of Plaintiffs pending a meet and confer and, if applicable, further action of the Court.

Schapiro Exhibit 343

Redacted at the request of Plaintiffs pending a meet and confer and, if applicable, further action of the Court.

Schapiro Exhibit 345

Redacted at the request of Plaintiffs pending a meet and confer and, if applicable, further action of the Court.