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AV Account - User Policy

NAVIO SYSTEMS, INC AV ACCOUNT - USER POLICY ("Agreement")

EFFECTIVE 31 AUGUST 2004

DESCRIPTION OF SERVICES ("SERVICE")

Please see the description of services in the Navio Systems, Inc. Terms of Use Agreement. In addition, the following more fully describes services available to users of the AV Network.

Users have an AV account that offers these specific features:

• A MyStuff collection of all your rights to digital goods and services acquired from AV Network merchants or other AV Network users
• A Recent Items folder of the most recent activity upon your AV account
• A Wallet containing balances of your digital cash or cash-equivalents as well as details of any payment mechanisms you choose to use
• A Contacts folder of friends that you share offers to each other's digital content collection
• A Settings folder where you can maintain personal preferences as well as manage your Navio AV identity.

REGISTRATION AND ACTIVATION

If you are not already a member of the AV Network, with an AV account, you will need to complete a registration form before you can complete a transaction with another AV Network user or merchant.

The registration form requires an id, a password, password recovery question / answer, an attestation you are of legal age to use Navio services, and positive acknowledgement that you have read the Navio Terms of Use.

Once you register, you are asked to confirm your registration ("Activation") by acknowledging an email sent to you. Activation grants additional rights to your user account including, but not limited to (a) the ability to recover a lost password, (b) privileges to accept certain promotional items, (c) privileges to be contacted in an opt-in relationship by Navio or specified AV Network merchants.

You agree that if you do not provide a valid email address during your registration you will not receive any AV Account activation benefits.

INCREMENTAL ENROLLMENT

To acquire certain content, you may be asked by Navio, on behalf of itself or of the merchant to provide additional information to complete the transaction. This can include, but is not limited to: (a) details on your mobile handset in order to deliver mobile content, (b) additional verification of your age for content not suitable for minors, or (c) country of residence to comply with distribution rights.

You are expected to provide accurate information for incremental enrollment and failure to do so may be grounds for account termination.

AV ACCOUNT IDENTITY MANAGEMENT

Every AV Account has an identifier and password. You must retain this identifier if you desire to access your collection of rights to digital goods and services. Your password may be recovered if lost using Navio-provided password recovery features. The password recovery feature requires you to establish, during AV account registration, a password recovery challenge phrase and response. Should you forget your challenge phrase response, you will not be given access to a temporary password.

AV Account identifier must be a valid email address.

Your AV Account identifier, once established, may not be changed. You are encouraged to use an identifier that is stable.

CANCELING

Should you choose to cancel your AV Account, please notify Navio using the Contact Us link on the www.navio.com home page. No refunds are given for any outstanding unused balances of digital credits or currency. No transfer of rights to digital content that you acquired using your AV Account shall be made. Cancellation will occur within 7 business days of receipt of request. You may be asked for confirmation of the cancellation request.

EXPIRATION OF RIGHTS

Everything you have in your digital collection is something you have a right to use. This includes a right to use digital cash, digital cash equivalents, or loyalty points. This right may be perpetual or it may be limited in some form based on the content you acquired. Such limitation includes, but is not limited to (a) time-limited rental of the content, (b) device restriction that content may be used upon, or (c) expiration of promotional items.

Each item in your collection is expressed by an Active Voucher that in turn links to the rights represented by that Active Voucher.

PAYMENT

Most items available in the AV Network require an exchange of value between you and the offering user or merchant. Each offered item has a price expressed in monetary or custom currency such as "credits". The user or merchant that offers an item selects which currency and payment mechanism you may use to buy that offer. In some cases, you may be able to buy an item only with a digital currency.

You will need to fund that digital currency through some action including but not limited to (a) buying the digital currency with real currency via a payment mechanism attached to your bank account such as a credit card, (b) redeeming a PIN number or coupon code whose redemption value is expressed in digital currency, or (c) opting-in your contact information in exchange for digital currency.

SHARING

Certain items in your digital collection may have the right to be shared with others. If you choose to share an item, you may, depending on the rights expressed within the item, (a) share an offer to preview and buy the item to other users, (b) share a copy of the item to other users, or (c) transfer your right of ownership to the item to another single user.

You may receive rewards in the form of digital currencies for the act of sharing, or for the sharee buying your offer, or, in certain cases you may designate a third party charity to receive the rewards.

MESSAGING

The Service provides mechanisms ("Messaging Systems") to communicate to users who are known to you and who may or may not be registered users of the AV Network. This includes but is not limited to (a) Sharing. (See Navio Spam Policy)

Navio AV Network merchants have the right but not the obligation to monitor and edit or remove any activity or content in such Messaging Systems. These merchant take no responsibility and assumes no liability for any content, materials, messages and the like that you or any other AV Network users or third parties post or send over the Messaging Systems.

You may not use the Service (or any part of it, including but not limited to the Messaging Systems) to upload, post, transmit, display, perform or otherwise make available to other subscribers, members or third-parties any messages, content or materials that are illegal, obscene, threatening, defamatory or invasive of privacy; violate (intentionally or unintentionally) a contractual, fiduciary or confidentiality obligation or duty you have to any third party; infringe intellectual property or other third-party rights; harm minors in any way; comprise or contain software viruses or other computer code designed to interfere with the functionality of any computer systems, software or hardware; interfere with or disrupt the Service (including the flow of dialogue or other exchange of information in any Messaging System) or any networks or servers connected to or by the Service; constitute unsolicited bulk email, political campaigning, commercial solicitation, chain letters, pyramid schemes, mass mailings, or any form of spam; or violate (intentionally or unintentionally) any applicable local, state, national or international law. In addition, you may not use a false email address, impersonate any person or entity (including but not limited to other subscribers, members and employees of Navio Systems, its merchant AV Network members, affiliates or licensors), or otherwise mislead other subscribers, members or third parties as to your identity or to the origin of a message or content. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any messages, content or material that you upload, post, transmit, display or otherwise make available through your use of the Service is solely your responsibility.