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 “I CONSENT”, “DOWNLOAD,” PRESSING “SUBMIT” ON THE ORDER FORM, OR THEIR EQUIVALENT ON THE ION CONTENT LIBRARY.
- 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.
- 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.
- ALL RENTALS AND SALES FINAL.
All purchases and rentals of Digital Content are final. We do not accept returns of Digital Content.
- 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) 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”). 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 Usage Rules (the “Usage Rules”). The Usage Rules can be found on the product page for each title in the Ion Content Library and 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. 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.
d. 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.
e. 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 https://www.ionconcertmedia.com/pages/privacy-policy.
- SUPPORT AND LIABILITY LIMITATIONS
Ion assumes no liability beyond the express functions of the Service and the Software. We may make available to you customer support and technical support related to the Service or the Software (“Support”). From time to time this Support may extend beyond the express functionality of the Service or the Software to include issues related to cabling, peripheral equipment, or other technical or non-technical considerations. In no way and under no circumstance will the Support provided imply liability by Ion for issues beyond the express functionality of the Service or the Software.
7. 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. You agree to these terms by entering into the Agreement or using the Service.
g. Limitation of Liability. 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 you paid to us to purchase, rent, or view the Software related to your claim for damages.; and 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, 4670 Bulrush Blvd Shakopee, MN 55379.
