THIS IS AN AGREEMENT BETWEEN YOU AND ION CONCERT MEDIA, INC. (WITH
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
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
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
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;
iv. use the Service or Digital Content for any illegal purpose.
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