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Terms of Service

THIS IS AN AGREEMENT BETWEEN YOU AND ION CONCERT MEDIA, INC. (WITH

ITS AFFILIATES, “ION” OR “WE”). PLEASE READ THESE TERMS OF USE, ALL

RULES AND POLICIES RELATED TO THE ION MEDIA RENTAL SERVICE

(INCLUDING, BUT NOT LIMITED TO, ANY PRODUCT-SPECIFIC RULES OR USAGE

PROVISIONS SPECIFIED ON ANY PRODUCT DETAIL PAGE, IN ANY LINK FROM A

PRODUCT DETAIL PAGE, OR ON ANY HELP OR OTHER INFORMATIONAL PAGE

FOR THE SERVICE), (COLLECTIVELY, THE “AGREEMENT”). YOU ACCEPT AND

AGREE TO THE TERMS OF THIS AGREEMENT BY CLICKING “DOWNLOAD,”

“RENT,” PRESSING “SUBMIT” ON THE ORDER FORM, OR THEIR EQUIVALENT

ON THE ION CONTENT LIBRARY.

1. THE SERVICE

The Ion Content Library service (the “Service”) offers digitized versions of movies, video

clips, audio files, and other digital content (collectively, “Digital Content”) and other

services under certain terms and conditions as set forth in this Agreement. The Service

allows you to access and present Digital Content during live, real-time events such as

concerts, and drama productions. The Digital Media is made available to you through a

file download.

2. COMPATIBLE DEVICES

In order to be able to view Digital Content from the Service and to perform Digital

Content in your live event, you will need to use a personal computer with Ion’s patented

media player installed, or some other device that meets the system and compatibility

requirements that we establish from time to time and is otherwise capable of interacting

with the Service (each such device, a “Compatible Device”). We may change the

requirements for Compatible Devices from time to time and, in some cases, whether a

device is (or remains) a Compatible Device may depend on software or systems

provided or maintained by the device manufacturer or other third parties. As a result,

devices that are Compatible Devices at one time may cease to be Compatible Devices

in the future.

3. ALL RENTALS AND SALES FINAL.

All purchases and rentals of Digital Content are final. We do not accept returns of Digital

Content.

4. DIGITAL CONTENT

a. General.The Service may allow you to: (i) rent Digital Content for viewing

over a limited period of time (“Rental Digital Content”), (ii) purchase Digital

Content for viewing over an indefinite period of time (“Purchased Digital

Content”), (iii) access Digital Content on a subscription basis for viewing

over a limited period of time during a subscription period (“Subscription

Digital Content”), and (iv) access Digital Content on a free or promotional

basis for viewing over a limited period of time (“Free Digital Content”).

Digital Content may be available on the Service as Rental Digital Content,

Purchased Digital Content, Subscription Digital Content, Free Digital

Content, or any combination of those. The basis on which Digital Content

is available on the Service will be indicated on the product detail page for

that Digital Content on the Service. From time to time, we may add or

remove Digital Content from the Service and may change the basis on

which Digital Content is available on the Service.

b. Usage Rules.Your use of Digital Content is subject to the Ion Rental

Agreement (the “Agreement”). The Usage Rules provide important

information regarding your use of Digital Content, including the time period

during which you are authorized to view different types of Digital Content

(the “Viewing Period” for that Digital Content) and limitations on the

approved uses of the Digital Media (the “Approved Uses” for that Digital

Content).

c. Subscriptions. Our subscription services are dynamic services and the

specific Subscription Digital Content available and amount of Subscription

Digital Content available will generally change over time. We make no

guarantee as to the availability of specific Subscription Digital Content or

the minimum amount of Subscription Digital Content available in any

subscription. Additional terms applicable to a subscription (such as the

applicable cancellation and refund policy) will be indicated on the

informational pages for that subscription.

d. License to Digital Content. Subject to your payment of any applicable fees

(including applicable taxes) to rent, purchase, or otherwise obtain access

to Digital Content, and your compliance with all other terms we specify for

Digital Content or the Service, Ion grants you a non-exclusive,

non-transferable, non-sublicensable, limited right and license, during the

applicable Viewing Period, to access, view, use, and display the Digital

Content in accordance with the Usage Rules.

e. Downloading and Risk of Loss.If you plan to download Digital Content that

you purchase or rent, we encourage you to do so promptly after your

purchase or rental. If you are unable to complete a download after having

reviewed our online help resources, please contact Ion customer service.

Once you purchase or rent Digital Content and we make the Digital

Content available to you, you are responsible for completing the

download, if you choose to download, and for all risk of loss of the Digital

Content after download.

f. General Restrictions.You may not transfer, copy, or display the Digital

Content, except as permitted in this Agreement. In addition, you may not:

i. sell, rent, lease, distribute, broadcast, sublicense or otherwise

assign any right to the Digital Content to any third party;

ii. remove any proprietary notices or labels on the Digital Content;

iii. attempt to disable, bypass, modify, defeat, or otherwise circumvent

any digital rights management system used as part of the Service;

or,

iv. use the Service or Digital Content for any illegal purpose.

5. SOFTWARE

a. Use of the Software. We may make available to you software for your use

in connection with the Service (the “Software”). Terms contained in the End

User License Agreement apply to your use of the Software.

b. Information Provided to Ion.The Software may provide Ion with data about

your Compatible Device and its interaction with the Service (such as

device type and unique device identifiers that allow us to link your

Compatible Device to your Service account). The Software may also

provide Ion with information related to the Digital Content you download

and your use of that Digital Content (such as whether and when you

viewed the Digital Content, which may, among other things, help us

measure the Viewing Period for Rental Digital Content). Any information

we receive is subject to the IonConcertMedia.com privacy notice located

at www.IonConcertMedia.com/privacy-policy .

6. ADDITIONAL TERMS

a. Termination. If you violate any of the terms or conditions of this

Agreement, your rights under this Agreement will automatically terminate

without notice from us, and Ion may, at its discretion, immediately revoke

your access to the Service without notice to you and without refund of any

fees. In such event, you must delete all copies of Digital Content that you

have downloaded, and Ion shall have the right, without notice to you, to

automatically discontinue your access to Digital Content from the Service.

b. Explicit Content. You understand that by using the Service, you may

encounter content that may be deemed offensive, indecent or

objectionable, which content may or may not be identified as having

explicit language or other features. Nevertheless, you agree to use the

Service at your sole risk, and Ion shall have no liability to you for content

that may be found to be offensive, indecent, or objectionable. Content

types (including genres, sub-genres, and categories and sub-categories

and the like) and descriptions are provided for convenience, and you

acknowledge and agree that Ion does not guarantee their accuracy.

c. Modification of Service. Ion reserves the right to modify, suspend, or

discontinue the Service, or any part thereof, at any time and without notice

to you, and Ion will not be liable to you should it exercise such rights, even

if your use of Digital Content is impacted by the change.

d. Amendments. Ion reserves the right to make changes to this Agreement at

any time. Your continued use of the Service following any such changes

will constitute your acceptance of such changes.

e. Third-Party Beneficiaries. Content providers providing Digital Content that

you rent, purchase, or view on the Service are intended third-party

beneficiaries under this Agreement.

f. Disputes/Binding Arbitration. Any dispute or claim arising from or relating

to the Agreement or the Service is subject to the binding arbitration,

governing law, disclaimer of warranties and limitation of liability and all

other terms in the IonConcertMedia.com Ion Services Conditions of Use at

http://www.IonConcertMedia.com/conditionsofuse . You agree to those

terms by entering into the Agreement or using the Service.

g. Limitation of Liability.Without limiting the Disclaimer of Warranties and

Limitation of Liability in the Ion Services Conditions of Use: (i) in no event

shall our or our software licensors’ total liability to you for all damages

(other than as may be required by applicable law in cases involving

personal injury) arising out of or related to your use or inability to use the

Software exceed the amount of fifty dollars ($50.00); and (ii) in no event

shall our or our Digital Content providers’ total liability to you for all

damages arising from your use of the Service, the Digital Content, or

information, materials or products included on or otherwise made available

to you through the Service, exceed the amount you paid to us to

purchase, rent, or view the Digital Content related to your claim for

damages. These limitations will apply to you even if the remedies fail of

their essential purpose.

h. Contact Information. For communications concerning this Agreement,

please write to Ion Concert Media, PO Box 46473, Eden Prairie, MN

55344.