One can visit our Web sites with privacy. A Web site visitor can choose to provide customer-specific information by ordering a product or service, sending us e-mail, registering on a company Web site, or entering surveys, contests, or sweepstakes. Any information provided by a Web site visitor is held strictly confidential within TUNEDColor Inc. or its authorized agent and will not be sold to any other organization or business, but will be shared as necessary with third-party suppliers, vendors, or agents whose services you use, or from when you make requests or purchases. This notice describes our privacy policy regarding on-line data collection. By visiting our Site, you are accepting the practices described in this Privacy Policy and our Terms of Use.

TUNEDColor Inc. provides this general audience site for users of all ages. Personal information of all users is collected, used, and disclosed as described in this Privacy Policy. Section IV of this Privacy Policy contains specific details regarding personal information collected from children.

I. TYPES OF INFORMATION COLLECTED

A. PERSONAL INFORMATION

To access certain services offered via the Site, TUNEDColor Inc. may require or request that you provide information that personally identifies you ("Personal Information"). Personal Information may include: (i) contact data such as your name, mailing and e-mail addresses, telephone or mobile telephone number ("Contact Data") or (ii) financial data such as your credit card or other account number and billing address ("Financial Data"). You may choose not to provide certain information, but in doing so you may not be able to take advantage of many of our features.

If you communicate with us by e-mail or otherwise complete online forms, surveys, polls, or contest entries, any information provided in such communication may be collected as Personal Information.

B. CHANGES TO YOUR PERSONAL INFORMATION

You may change and/or update your personal information at any time by sending an email to support@tunedcolor.com.

C. AUTOMATIC INFORMATION

TUNEDColor Inc. automatically tracks and collects the following information when you visit our Site: (i) IP address; (ii) domain server; (iii) type of computer or handheld device; (iv) type of web browser; and (v) telecommunications carrier (collectively "Traffic Data"). Traffic Data is anonymous but we may use this information to better personalize the content and promotions that we send you in future mailings. A "referrer" is the information passed along by a Web browser that references the Web URL you linked from, and is automatically gathered by our Web server. This information is used to identify broad demographic trends that may be used to provide information tailored to your interests. You will not be personally identified from this information.

To help us make e-mails more useful and interesting, we may receive a confirmation when you open e-mail from us, if your computer supports such capabilities.

Use of Cookies

The term "cookie" refers to the files that are transferred from a Web site to your computer's hard drive. The purpose of cookies is to enable the host Web site to display tailored information to you and to track your activities on the Web site. Some (usually newer) versions of Web browsers allow you to decide whether or not to accept cookie files, and some programs notify you when a Web site is about to deposit a cookie file on your hard drive or receive cookie files selectively. You can check your hard drive for cookie files. For PCs, look for "cookies.txt" files on your hard drive. On a Macintosh, look for "magic cookies."

Use of Web Beacons

Site pages may contain electronic images known as web beacons to allow TUNEDColor Inc. to count users who have visited certain pages. TUNEDColor Inc. may include web beacons in promotional e-mail messages or TUNEDColor Inc. newsletters in order to count how many messages have been opened and acted upon. Web beacons collect limited information, such as Cookie number, time and date of a page view, and a description of the page on which the web beacon resides. Site pages may also contain web beacons placed by third parties to help determine the effectiveness of joint promotional or advertising campaigns.

II. USE OF INFORMATION COLLECTED

While TUNEDColor Inc. may use this information to contact or send materials to you for marketing purposes, we will take commercially reasonable steps to safeguard the information from unauthorized access. We may also use that information to offer other products or services of interest and use e-mail addresses and other personally identifiable information to contact visitors who communicate with us. For example, we direct e-mail to visitors who provide us with their e-mail addresses for specific purposes such as receiving our e-mail newsletters or being notified if they have won one of our contests. A trusted third party may conduct the actual sending of the e-mail offer. TUNEDColor Inc. requires that these third parties hold the information we provide in strict confidence. Third parties cannot use the information for any purpose other than the particular offer of goods or services approved by TUNEDColor, Inc.

III. SHARING INFORMATION WITH THIRD PARTIES

We will not make customer-specific information that is gathered on our site available to unaffiliated organizations for commercial purposes unrelated to the business of TUNEDColor Inc. except with the customer's permission, as required by law, for safety reasons, or to survey customer satisfaction, under nondisclosure protection.

A. SUBSCRIBING ORGANIZATIONS

If you are employed by or otherwise affiliated with a Subscribing Organization, TUNEDColor Inc. will share both Traffic Data and Personal Information with the Subscribing Organization in accordance with the terms and conditions of any agreement we may have with the Subscribing Organization. We cannot take any responsibility for the collection, use or disclosure of such information by your Subscribing Organization.

B. AGENTS

At certain times, TUNEDColor Inc. may employ other companies and individuals to perform functions on our behalf. Examples include processing credit card transactions, fulfilling subscriptions, orders, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance and providing customer service. These other companies and individuals have access to Traffic Data and Personal Information needed to perform their functions, but may not use it for other purposes. Although we strongly encourage these third parties to follow strict privacy policies, TUNEDColor Inc. cannot be responsible for the privacy practices that each of the software companies follow. If you are concerned about the privacy policy of a certain third party provider of TUNEDColor Inc., you may contact TUNEDColor Inc. to obtain the name of that third party provider and contact them directly or visit their individual web site to learn more about their individual privacy policies.

C. SOFTWARE DEVELOPERS

Downloadable software applications that TUNEDColor Inc. offers may require the software developers to provide you with a registration code to convert trial versions into full versions. In these cases, TUNEDColor Inc. must provide the software developers with relevant customer information in order for them to generate a registration code and e-mail it to you. Although we strongly encourage software developers to follow strict privacy policies, TUNEDColor Inc. cannot be responsible for the privacy practices that each of the software companies follow. If you are concerned about the privacy policy of a certain developer or software company, you may contact them directly or visit their individual web sites to learn more about their individual privacy policies.

D. BUSINESS TRANSFERS

As we continue to develop our business, TUNEDColor Inc. might sell or buy web sites, companies or assets. In such transactions, Traffic Data and Personal Information generally is one of the transferred business assets. Also, in the event that TUNEDColor Inc., or substantially all of its assets are acquired, Traffic Data and Personal Information will, of course, be one of the transferred assets.

E. LEGAL AND OTHER DISCLOSURES

TUNEDColor Inc. will, without specific or further notice to you, release your Traffic Data and Personal Information when we believe such disclosure is appropriate to: (a) comply with any law or a court order or other legal process; (b) protect the rights, property or safety of TUNEDColor Inc., the Site, our users or others; or (c) enforce our Terms of Use.

IV. COLLECTION AND USE OF CHILDREN'S PERSONAL INFORMATION

TUNEDColor, Inc. Web sites are not structured to attract children under the age of 13. TUNEDColor, Inc. believes there is no information on its Web sites, which is inappropriate for viewing by children. Ordering online products and services from TUNEDColor, Inc. is limited to adults (ages 18+). TUNEDColor Inc. does not knowingly collect personal information from children under the age of 13 through the Site. In addition, in the event that a user identifies himself or herself as a child under the age of 13 within the Site or in connection with any Content or Software, TUNEDColor Inc. will not collect, store or use any personal information of such user. Further, in the event that TUNEDColor Inc. receives personal information that TUNEDColor Inc. discovers was provided by a child under the age of 13, TUNEDColor Inc. will promptly delete such personal information in a secure manner.

V. LINKS TO THIRD PARTY SITES

The Web sites of TUNEDColor, Inc. may contain links to other Web sites. We are not responsible for the content or privacy policies of other sites.

VI. FEEDBACK

TUNEDColor, Inc. welcomes your questions, comments, and concerns about privacy. Please send us any and all feedback pertaining to this, or any other issue.

VII. CONDITIONS OF USE

If you choose to visit TUNEDColor Inc.'s Site, your visit and any dispute over privacy is subject to this Privacy Policy including limitations on damages and application of the law of the State of California. If you have any concern about privacy at our Site, please send a thorough description of your concerns to info@tunedcolor.com, and we will try to resolve the issue as quickly as possible. Our business changes constantly. This Privacy Policy and our Terms of Use will also change. Use of information that we gather now is subject to the Privacy Policy in effect at the time of use.

IIX. UPDATES

Because of the evolving nature of the technologies that we use and the way that we conduct business, we may amend this policy from time to time. This privacy statement will be updated to reflect any future developments in Internet business practices. You should refer back to this page often for the latest information. If we make any material changes to this privacy policy, we will provide a summary of such changes and their effective date on this page.

IX. COPYRIGHT

All material on this Web site is copyrighted 2003-2008 TUNEDColor, Inc. . All Rights Reserved.

X. HOW YOU MAY USE OUR MATERIAL

You may use, copy, and distribute the materials found on the TUNEDColor Inc. Web sites for internal, noncommercial, informational purposes only. All copies that you make of the material must bear any copyright, trademark, or other proprietary notice located on the site which pertains to the material being copied. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent, or other intellectual property right in the material or the products, services, processes, or technology described therein. All such rights are retained by TUNEDColor, Inc., its subsidiaries, and/or any third-party owner of such rights.

XI. HOW YOU MAY USE OUR MARKS

You are not authorized to use any TUNEDColor Inc. or the TUNEDColor, Inc., name or mark in any advertising, publicity, or in any other commercial manner without the prior written consent of TUNEDColor, Inc..

XII. CONTENT AND LIABILITY DISCLAIMER

Material on TUNEDColor Inc. Web sites may include inaccuracies or typographical errors. Changes may be periodically incorporated into this material. TUNEDColor Inc. may make improvements and/or changes in the products, services and/or programs described in these materials at any time without notice. The materials on the TUNEDColor Inc. Web sites are provided "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. TUNEDColor, INC. DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT, OR PROCESS DISCLOSED ON THE SERVER OR OTHER MATERIAL ACCESSIBLE FROM THE SERVER. IN NO EVENT SHALL TUNEDColor, INC. BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR CONNECTED WITH ANY TUNEDColor, INC. WEB SITE OR THE USE, RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY TUNEDColor Inc. WEB SITE.

XIII. ACCESS SERVICES LIABILITY DISCLAIMER

THE USER OF THIS SYSTEM ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SERVER AND THE INTERNET GENERALLY. TUNEDColor, INC. AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR VIA, THIS SERVER OR THE INTERNET, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. TUNEDColor, INC. DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT, OR PROCESS DISCLOSED ON THE SERVER OR OTHER MATERIAL ACCESSIBLE FROM THE SERVER. IN NO EVENT SHALL TUNEDColor, INC. BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, REVENUE OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, NEGLIGENCE, OR OTHER TORTUOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE INFORMATION ON THIS SERVER OR THE INTERNET GENERALLY.

XIII. EFFECTIVE DATE

The effective date of this Privacy Policy is September 2004.

XIV. CHANGES TO THIS POLICY
TUNEDColor Inc. shall post a prominent notice on its web site in the event a considerable change in this Privacy Policy occurs.