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SERVICES AGREEMENT

This Services Agreement (the "Agreement") contains the complete terms and conditions that apply to your use of the CreateSpace Services (the "Services"), described at http://www.createspace.com/specifications. As used in this Agreement, "we" and "CreateSpace" means On-Demand Publishing LLC, d/b/a CreateSpace, and "you" means the person or entity accepting this Agreement. In order to use the Services you must:

• agree to the terms and conditions in this Agreement by clicking the button at the bottom of this page;
• register for an account at our web site, the homepage of which is at www.createspace.com (together with any successor or replacement website, the "Site") by providing your real name, address, phone number, e-mail address and other required information; and
• be able to lawfully enter into contracts. For example, minors are not allowed to register for or use the Services.

1. Amendment; Notice of Changes.

We reserve the right to change the terms and conditions contained in this Agreement or any policies or guidelines governing the Services, including without limitation, any of the information posted on the Products and Help sections of the Site, at any time and in our sole discretion. Any changes will be effective upon posting of the revisions on the Site. Notice of changes to this Agreement will be posted on the Site for thirty (30) days. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines or any other information in any Products, Help, or other web pages may be posted without notice to you. YOUR CONTINUED USE OF THIS SITE AND THE SERVICES FOLLOWING OUR POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, DO NOT CONTINUE TO USE THE SERVICES OR THIS SITE.

2. Delivery of Content

2.1 Content Requirements

Once you have registered as a member on the Site, you may set up distinct and separately saleable video, audio and/or written works (each, a "Title") by entering required information regarding such Titles on the Site, in connection with our Title Setup requirements. You may deliver to us Content for Titles at any time during the term of this Agreement. "Content" means your Titles, any short segments of content related to particular audio and video Titles (each, a "Promotional Clip") (if any), all available data relevant to a Title other than audio, video, Title text and artwork (for example, as applicable, the Title name, description, artist name, track name, track length, images and trim size of a written Title, and release date) ("Metadata") and artwork and images for each Title (together with the Metadata, the "Descriptive Materials"), and any trademarks, trade names, service marks, logos, commercial symbols and other designations contained in any of the foregoing. For each Title you deliver to us, you will also deliver the Descriptive Materials in accordance with the Submission Requirements, as they may be updated from time to time.

2.2 Content Delivery

For each Title you set up, you may deliver Content to us, at your own expense and in accordance with the Submission Requirements , (a) via electronic upload for written and audio Titles; and (b) in hard copy physical format for video and audio Titles (each such instance of Content, a "Source Copy"). You will at all times retain legal title to your Source Copies.

2.3 Applicable Policies and Guidelines

You agree to abide by, and all Content you provide to us under this Agreement will comply with, the payment terms, procedures, policies, and guidelines contained in the Content Guidelines and in the Products, Help and Pricing pages for use of the Products. The procedures, policies, and guidelines contained in the Products and Help pages explain the processes and set out acceptable conduct and prohibited practices. We may change these procedures and guidelines in the future, and such changes will be effective immediately upon posting without notice to you. You should refer regularly to the Products and Help pages to understand the current procedures and guidelines for use of the Services and to be sure that your Titles are eligible for listing via the Services.

3. Services

Once you are registered on the Site, have provided us all the required information, have set up Titles and delivered Content to us, and have paid us any applicable fees, you are eligible for our Services, including the listing of your Titles on the CreateSpace E-Stores, Amazon Properties and other sales channels, as well as creation of Packaging Materials and the manufacture of Units (as defined in Section 4.2 below) and fulfillment of Unit orders. We will have sole discretion to determine the production, appearance and format of each Unit (for example, bar code placement). Capitalized terms in this Agreement have the following meanings:

The "Amazon Properties" means our affiliate's website, the primary home page of which is identified by the URL www.amazon.com (and any successor or replacement website), and any other websites maintained by or for us or our affiliates targeted at customers in the United States (collectively, the "Amazon Site"), along with any other website or other online point of presence on any platform through which any products or services available on or through the Amazon Site are described, syndicated, offered, merchandised, or advertised.

“Amazon MP3” is the online digital audio service, as further described on the Amazon Site, made available via the Amazon Properties.

A "CreateSpace E-Store" is one or more e-commerce-enabled web page(s) hosted by us that is customizable by you to create an individualized web storefront for the sale of your Titles.

"Packaging Materials" are, as applicable, the disc cover inserts, printed disc face, book covers, and any other physical material that accompanies a product.

"Unbox" is the online digital video service, as further described on the Amazon Site, made available via the Amazon Properties.

4. Titles

4.1 Content Rejection and Removal

We may, in our sole discretion, at any time, and without notice to you (a) reject Content; and (b) remove, or refuse to list or distribute any Title or Promotional Clip from any CreateSpace E-Store, Amazon Property or other sales channel. You will remain liable for all fees and other amounts that may be due under this Agreement in connection with any Title or Promotional Clip we remove because of violations of our Content Guidelines. You may withdraw your Content from the Services at any time, but we will have 30 days from the date of a Title's withdrawal (or termination of this Agreement) to remove such Title; provided, however, that we may fulfill any Customer orders pending as of the date we remove such Title from the Services.

4.2 Pricing; Legal Title

We or our affiliate will be the seller of record for each physical product of your Title, for each purchase (for sale or rental) of a digital copy of your Title via Unbox, and for each purchase (for sale only) of a digital copy of your Title via Amazon MP3 (in each case, each, a "Unit") to a customer (each, a "Customer") we or our affiliate sells through any CreateSpace E-Store, Amazon Property or other sales channel. We will have sole discretion in setting the selling price to Customers for all Units made available for sale on the Amazon Properties. You will provide a List Price for each Title (except for audio Titles to be distributed solely through Amazon MP3), which will be at or below (a) the price at which you list or offer that title via any other sales channel; and (b) the price at which you sell such title in physical form to customers through any distribution method. For the purpose of this Agreement, "List Price" means the list price that you submit to us per individual Title. Please note that you may update the List Price for your Titles at any time in accordance with the Submission Requirements, but it may take as long as 30 days for the list price on the Amazon Properties to be updated.

4.3 Temporary Inventory of Physical Units

We may, in our sole discretion, create a reasonable number of Units to hold in our inventory in anticipation of Customer orders. If we no longer wish to hold any or all of such inventory, we may destroy it at our cost and without obligation to you.

4.4 Customer Returns and Refunds

We will determine how to handle Customer returns of Units, which may include, without limitation (a) in the case of physical Units, placing the returned copy of the Unit into inventory and reselling it to another Customer, in which case we will have no obligation to pay you any Content License Royalty for the resale of such Unit (because we paid, or will pay, you for the original sale of such Unit); or (b) destroying the Unit and calculating amounts due to you net of the Content License Royalty we previously paid for the destroyed return. We reserve the right to prohibit returns under any circumstances (or to impose any other restrictions on returns) with respect to sales or rentals (if applicable) of electronically formatted Units. If a Unit is returned and we have already paid you a Content License Royalty on the returned Unit, we may offset the amount of the Content License Royalty we previously paid you for that returned Unit against future Content License Royalty, or require you to remit to us the amount of the Content License Royalty we paid to you for the returned Unit.

5. Fees; Taxes

5.1 Fees

You will pay to us any applicable fees, as specified in our Price List.

For each Unit sold to a Customer through Amazon MP3, we will pay you the applicable Content License Royalty set forth in the pricing page within 60 days after the end of the month in which the Unit was sold for download via Amazon MP3. For each Unit sold to a Customer (other than Units sold via Amazon MP3), we will pay you the applicable Content License Royalty based on the List Price of the Unit: (a) within 31 days after the end of the month in which the Unit sold for physical Units; and (b) within 60 days after the end of the month in which the Unit was rented or sold for download via Unbox. We will not, however, pay you any Content License Royalties until the total Content License Royalties we owe you amount to at least (x) $20 if we pay you by direct deposit; (y) $28 if we pay you by check; and (z) $45 if we pay you by wire transfer. If you have amounts payable hereunder upon the termination of this Agreement, then we may set off such amounts against any payment then payable to you, or you will immediately pay any such amounts. For purposes of calculating your Content License Royalty , a sale of a Unit will be deemed to have taken place at the time that we or our affiliate (a) ships a physical Unit printed on demand; or (b) fulfills an electronic Unit via Unbox or Amazon MP3.

5.2 Bad Debt

We will be entitled to an adjustment to payments made to you for any amounts ultimately not collected because of fraudulent credit card use or bad debt, in an amount equal to the payment otherwise payable to you in connection with such purchase.

5.3 Taxes

5.3.1 Payments to You. For the purposes of this paragraph, the term "Transaction Taxes" means sales/use, value added, or transaction taxes and other charges such as duties, customs and government imposed surcharges. You will be responsible for determining taxes you owe on payments you receive under this Agreement. To the extent payments to you are subject to any Transaction Taxes, (a) payment includes all applicable Transaction Taxes, and (b) you may supply us with a valid tax invoice separately stating such Transaction Taxes. In return, we will provide you with any applicable exemption certificate acceptable to the relevant taxing authority that we possess, in which case you will not collect the Transaction Taxes covered by such certificate. If any other taxes (for example, international withholding taxes) are required to be withheld on any payment, we will deduct such taxes from the amount otherwise owed and pay them to the appropriate taxing authority.

5.3.2 Your Payments to Us. All fees payable by you to us pursuant to this Agreement exclude Transaction Taxes. In addition to amounts owed by you pursuant to this Agreement, you will pay us any Transaction Taxes we are required to collect on such fees. If we charge you Transaction Taxes, you may provide us with a valid exemption certificate acceptable to the relevant taxing authority, in which case we will not collect the Transaction Taxes covered by such certificate. All fees payable by you to us under this Agreement will be made without setoff and without deduction or withholding for, or on account of, any present or future tax.

6. Licenses; Ownership; Feedback

6.1 Content

Subject to the terms of this Agreement, you grant to us a nonexclusive license, during the term of this Agreement, to (a) create digital versions of Content you provide in nondigital format; (b) create a digitized version of the Content that we will use to create a Unit (each, a "Source File") and, if applicable, a nearly lossless digital file (a "Future-Proof Archive File") using your Content; (c) reformat for online delivery, reproduce, and distribute your Content through (i) the CreateSpace E-Stores, the Amazon Properties, and other sales channels in digital form on physical media, and (ii) the Amazon Properties in digital form via Unbox or Amazon MP3, as applicable, subject to content usage rules that are in accordance with Section 6.2 below; (d) create Promotional Clips from your video and audio Content, provided that we will only create Promotional Clips upon your request for Titles not distributed through Unbox or Amazon MP3; (e) distribute, display, transmit, perform and use the Promotional Clips (if any) and the Descriptive Materials to advertise and promote the Titles and the Services; and (f) create Packaging Materials from the Descriptive Materials.

For video and audio Titles, we may use text from the Content, including creating or using closed caption text or transcripts, as the basis for returning search results to visitors to the Amazon Site and to display excerpts of such text to illustrate the relevance of the search result.

You agree that we and our affiliates may include your written Titles in the Search Inside!™ program, which enables visitors to view, search, and "page browse" through your written Titles. Accordingly, for each of your written Titles you hereby grant us permission, on a nonexclusive, perpetual basis, to (x) reproduce and store the entirety of each Title in digital form on one or more computer facilities of or under the control of us or our affiliates or our independent contractors; and (y) to display portions of each Title on the Amazon Properties so that a user will be able to (i) use queries to locate, select and display excerpts that include the search terms for every occurrence of the search terms; and (ii) view a limited number of pages within a Title during any single session.

You further grant us permission to cause such transmission, reproduction and other use of the Content as mere technological incidents to and for the limited purpose of technically enabling the rights licensed to us under this Agreement (including, but not limited to, caching to enable display and transfer and encoding supplemental copies of Titles in alternate formats).

6.2 Digital Content Usage Rules

Our affiliate may establish, from time to time, in its sole discretion, content usage rules governing the use, by Unbox Customers, of Units sold or rented via Unbox, which content usage rules will establish, among other things, the number of devices to which a Customer will be entitled to download a Unit in connection with a single purchase of a Unit and the time period within which a Customer may view Units rented from Unbox. Such rules may, without limitation, (a) permit Customers to download multiple copies of Units for simultaneous use on multiple devices; and (b) permit Customers who have purchased your Units during the term of this Agreement to re-download them from Unbox, from time to time, both during and after the term of this Agreement. In addition, our affiliate may establish, from time to time, in its sole discretion, content usage rules governing the use, by Amazon MP3 Customers, of Units sold via Amazon MP3.

6.3 Virtual Storage; Digital Rights Management

Unbox Customers may be permitted to "store" Content that they have purchased for sale or rental via Unbox ("Virtual Storage") if they wish to do so in lieu of keeping copies on their own computers. Customers may re-download previously purchased Content from Virtual Storage from time to time. Our affiliate may elect, in its sole discretion, to either utilize or not utilize third-party digital rights management software ("DRM") in connection with the distribution of your Units (for sale or rental) via Unbox. In the event any DRM is used in connection with your Units, you acknowledge that neither we nor our affiliate has the ability to control any such DRM, makes no representations as to the efficacy of any such DRM, and cannot and will not be responsible for any failure of any such DRM, including, without limitation, any failure of such DRM to enforce the content usage rules described on the Products pages. You will not utilize DRM in any Content that will be distributed by us through Amazon MP3, and you understand that our affiliate will not utilize DRM in connection with any distribution of your Units through Amazon MP3.

6.4 Descriptive Materials

We may broadly integrate the Descriptive Materials into the Amazon Properties, and they may appear in several places on the Amazon Properties. By way of example and not limitation, the Descriptive Materials may appear on product detail pages, in search results, in customer browsing and buying history, and in routine, automated and community-driven merchandising features such as recommendations and "Listmania." Our use of the Descriptive Materials may become integral to the Amazon Properties throughout the term of this Agreement and will continue beyond the term of this Agreement even though we will no longer produce or sell new Units after the term of this Agreement. Therefore, notwithstanding anything to the contrary herein, for Descriptive Materials, the license you grant us in Section 6.1(e) will be perpetual and royalty-free.

6.5 Ownership

Subject to the licenses set forth in this Section 6 and the following sentence, and as between the parties, you own all right, title and interest in and to the Content, including all patent, copyright, trademark, service mark, mask work, moral right, trade secret or other intellectual property or proprietary right (collectively, "Intellectual Property Rights") therein. Subject to your underlying rights in the Content, as between the parties, we will own all right, title and interest in and to the templates and other materials created, provided or used by us in our performance under this Agreement (including Source Files, Future-Proof Archive Files and Packaging Materials), including all Intellectual Property Rights therein.

6.6 Feedback

Any feedback, ideas, modifications, suggestions, improvements and the like made by you with respect to the Services, the Site, anything on the Site (including current or future features), or any beta program we are running ("Feedback") will be our property. You agree to assign, and hereby assign, all right, title and interest worldwide in the Feedback and the related Intellectual Property Rights to us and agree to assist us, at our expense, in perfecting and enforcing such rights. We may disclose or use Feedback for any purposes whatsoever without any obligation (including any financial obligation) to you. In addition, if you are participating in a beta program, you agree to provide us with any reports we request and to promptly respond to any and all reasonable inquiries, questionnaires, surveys and other test documents we submit to you.

7. Representations and Warranties

You represent and warrant that (a) you will comply with all laws, rules, regulations and orders of any governmental authority having jurisdiction over your performance hereunder; (b) you have all requisite right, power and authority to enter into this Agreement and perform your obligations hereunder; (c) prior to your delivery of Content to us you have or have obtained all rights, clearances and permissions to grant the licenses you grant hereunder that are necessary for us to exercise the rights you grant under this Agreement without any further payment obligation by us, including all necessary music publishing and public performance rights in the Content and the Promotional Clips; (d) you are granting us the rights, licenses and authorizations you grant hereunder free and clear of any encumbrances; (e) the Content (and our use thereof) is not defamatory, libelous, obscene, or otherwise illegal, does not invade any right of privacy, and does not infringe upon any Intellectual Property Right or right of publicity of any person or entity, and any recipe, formula, or instruction contained in the Content is accurate and is not injurious to the user; (f) the Content complies with all aspects of the Content Guidelines , as such may be updated from time to time; and (g) you are and will be solely responsible for accounting and paying any co-owners or co-administrators of any Content any royalties with respect to the uses of the Content permitted hereunder and their respective shares, if any, of any monies payable hereunder.  you will pay (x) all royalties and other income due to copyright owners, record royalty participants and under any applicable collective bargaining agreements relating to the Titles, and (y) all royalties and other income due to authors, copyright owners or administrators and/or other royalty participants in the musical compositions embodied in the Titles

8. Indemnification; Maintenance of Rights; Copyright Infringement

8.1 Indemnification

You will indemnify, defend and hold us and our affiliates (and the respective employees, directors, members, managers and representatives of each) and any operator of an Amazon Property harmless from and against any and all claims, judgments, damages and expenses (including without limitation reasonable attorneys' fees) (collectively, "Claims") arising out of any breach or alleged breach by you of the terms of this Agreement, including without limitation the terms contained within the Products and Help pages and the Content Guidelines and Privacy Notice.

8.2 Maintenance of Rights

You will not do anything to intentionally prejudice the rights granted hereunder, but in the event that you lose any rights or other licenses, consents or permissions relating to a specific Title that are necessary for you to grant the rights you grant to us hereunder, or you receive notice of a third-party claim relating to a Title which you reasonably deem to be of concern, you will immediately remove such Title from our Services. Notwithstanding the foregoing, you will use commercially reasonable efforts to maintain the rights to the Content that you provide to us under this Agreement. Without limiting our rights or remedies under this Agreement, you will reimburse us for any refunds we make to Customers as a result of the withdrawal of a Title under this Section. For the avoidance of doubt, nothing in this Section 8.2 is intended to relieve you of your indemnification obligation regarding Claims set forth in Section 8.1 above.

8.3 Copyright Infringement

You agree that we have the right to commence action for copyright infringement based on the rights granted hereunder.

9. DISCLAIMER OF WARRANTIES; LIMITATION ON LIABILITY

THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. WE AND OUR AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (a) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT; (b) THAT THE SERVICES, THE SITE, OR THE AMAZON PROPERTIES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR; AND (c) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE AND OUR AFFILIATES DISCLAIM ANY AND ALL SUCH WARRANTIES. WE AND OUR AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SITE, THE AMAZON PROPERTIES, ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM OUR NEGLIGENCE, THE SERVICES, THE INABILITY TO USE THE SERVICES, OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, Our sole liability, and your sole remedy, for a Source Copy lost or damaged by us will be the lesser of (x) $100.00; or (y) the replacement cost of the lost or damaged Source Copy (i.e., the CD, tape, dvd or other applicable physical media).

10. Term; Termination

This Agreement will remain in effect until terminated in accordance with this Section. You may terminate this Agreement at any time by giving notice to us, and we may terminate this Agreement at any time by sending you an e-mail notice at the e-mail address associated with your account. Upon termination, you will pay us whatever fees were incurred prior to the date of the termination. Also upon termination: (a) we may fulfill any Customer orders pending as of the date of termination; and (b) we may continue to maintain digital copies of your Content in order to provide "refresh" copies or otherwise support customers who have purchased or rented a Title via Unbox prior to termination. The following Sections will survive termination of this Agreement: 4.1, 4.4, 5, 6 (except subsections 6.1(a)-(d) and (f)), 8.1, 8.3, 9, 10, 14, 15, and 16. In addition, all rights to Units acquired by Customers will survive termination.

11. Password Security

Your password for the Site may be used only to access the Site, use the Services, electronically set up your Titles, and review any reports, records, or other features we make available to you. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your account) and are solely responsible for any use of or action taken under your password on the Site. If your password is compromised, you will change your password.

12. Privacy

Please read the www.createspace.com privacy notice (the "Privacy Notice"), which is incorporated herein by reference. The Privacy Notice may be changed by us in the future. You should check the Privacy Notice frequently for changes. Unless otherwise authorized or consented, you agree not to use any information regarding other participants that is accessible from the Site or the Amazon Site or disclosed to you by us or our affiliates. By way of example and not limitation, you agree not to use any such information for purposes of solicitation, advertising, unsolicited e-mail or spamming, harassment, invasion of privacy, or otherwise objectionable conduct. We and our affiliates may communicate with you in connection with your listings, sales, and the Services, electronically and in other media, and you consent to such communications regardless of any "Customer Communication Preferences" (or similar preferences or requests) you may have indicated on the Site or by any other means.

13. Relationship of Parties

You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that would reasonably contradict anything in this Section.

14. No Grant of License

For the avoidance of doubt, we do not hereby grant you any license or other rights to any intellectual property or technology owned or operated by us or any of our affiliates, including, without limitation, any trademarks or trade names (collectively, the "CreateSpace IP"). Additionally, you may not in any way use any CreateSpace IP, including without limitation for the purpose of issuing any press release or other activity that may be considered promotional or marketing related.

15. Governing Law; Jurisdiction; Venue

This Agreement will be governed by the laws of the State of Washington, without reference to its conflicts of law rules. Any dispute relating in any way to your use of the Services or to this Agreement will be submitted to confidential arbitration in Seattle, Washington, except that, to the extent you have in any manner violated or threatened to violate our Intellectual Property Rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Washington, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement will be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement will be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

16. Miscellaneous

We may sublicense the rights granted to us hereunder to our affiliates or to any third party designated or engaged by us and acting on our behalf for purposes of fulfilling our obligations or exercising our rights under this Agreement; provided, however, that we will remain ultimately liable for our compliance with this Agreement. You may not assign any of your rights or obligations under this Agreement. The failure of either party to enforce any provision of this Agreement will not constitute a waiver of the party's rights to subsequently enforce the provision. Any waivers granted hereunder are effective only if recorded in a writing signed by the party granting such waiver. If any provision of this Agreement is determined by any court or governmental authority to be unenforceable, the parties intend that this Agreement be enforced as if the unenforceable provisions were not present and that any partially valid and enforceable provisions be enforced to the extent that they are enforceable. The rights and remedies of the parties under this Agreement are cumulative, and either party may enforce any of its rights or remedies under this Agreement or other rights and remedies available to it at law or in equity. Nothing in this Agreement will act to restrict or otherwise limit any rights we may have in connection with the Content, or portions thereof, as provided under applicable law and any other permission from you. We will not be liable or otherwise responsible to you or any third party for any delay, default, or failure of performance arising out of any reasonably unforeseeable act, matter, cause, contingency or circumstance beyond our reasonable control, including, without limitation, any acts of God, third party acts or governmental action.

Recent Changes

Effective Thursday, March 13, 2008, various changes were made throughout the Services Agreement to reflect your ability to submit Titles to us that we or our affiliate will distribute through Amazon MP3 (as that term is defined in the Services Agreement). In addition, we have made changes to reflect the discontinuation of our HD DVD on Demand program, including our 1000 HD DVD Indies Project.

Please review the Services Agreement carefully to make sure you understand and agree to all of our terms and conditions.