Terms of Use and Conditions Agreement

Updated April 25, 2013

TableTop Media LLC d/b/a Ziosk (the “Company”) provides an interactive self-service, pay-at-table, information and entertainment content and related services device (collectively, the “Device”). This Terms of Use and Conditions Agreement (“Agreement”) describes the Company’s policies and practices while you are using the Company’s Device.

This Device is not intended for users under the age of 13. The Company does not collect personal information from any person we know to be under the age of 13. If you are under the age of 13, please do not send us any personal information about you or use this Device without the direct supervision of your parent or legal guardian.

The information and materials posted by the Company and contained on the Device are subject to change without notice. Users are responsible for regularly checking our Terms of Use and Conditions Agreement, Privacy Policy, and any disclaimers on the Device prior to and while using the Device. All such changes are binding on you 14 calendar days after they are initially posted on the Device unless you are a new user, in which case they are binding on you immediately.

1. Notice. The Company has the right at any time to change or discontinue any aspect or feature of the Device including, without limitation, the content and software needed for access or use of the Device. By agreeing to use this Device and its services, you understand and agree to all terms and conditions of this Agreement. If you have any questions regarding this Agreement, please contact us by email at support@tabletopmedia.com.

2. Intended Use. This Device is intended for your benefit to provide certain services of the Company and its partners. By agreeing to use this Device, you understand and agree to the following:

a. The Company markets promotions, advertisements, coupons, deals, classified ads, event information, games, applications, music, products, services, food/drink specials, show times, movie information, opportunities, statements, contents, sweepstakes, and other content and information on behalf of third parties (collectively, the “Promotion(s)”) solely for your information or to disseminate, purchase, or endorse.

b. The Company is not responsible for any and all injuries, illnesses, damages, claims, liabilities, refunds, and costs suffered by you or any customer of the Promotions, caused in whole or in part by the Promotions or any products or services associated with the Promotions. In addition, the Company is not responsible for any unclaimed property liability arising from unredeemed or partially redeemed Promotions. For more information on Promotions, please see Section 3 of this Agreement. The Company does not accept any liability whatsoever for any harm that might result from any statements presented on the Device, including any information related to the Promotions posted on or viewable from the Device or Promotions.

c. Any statements by the Company, its employees, agents, service providers and partners are provided for informational purposes only.

d. Any unauthorized use of the Device including, but not limited to, unauthorized entry into the Company’s computer system(s) or Device, unauthorized access to information contained on the Device and the Company’s computer system(s), misuse of passwords, posting or submission of infringing materials, or misuse of any information posted on the Device is strictly prohibited, will result in termination of your use of the Device, and may subject you to civil and criminal penalties.

3. Promotions.

a. Generally. To be clear, the Company markets Promotions on behalf of certain third parties (collectively, the “Merchant(s)”). The Merchants are the issuers of such Promotions and as such the individual Merchant will be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of you, as a customer, caused in whole or in part by the Merchant or its products and services, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Promotion. By purchasing a Promotion from our Device, you acquire certain rights to use and redeem the Promotion according to its terms and conditions set by the Merchant offering the Promotion. Whether you choose to ultimately redeem the Promotion is within your sole control and at your sole discretion. You agree that any specific terms and conditions of a particular Promotion supersede any inconsistent terms in this Agreement, except to the extent such terms are prohibited by applicable law. If you have any questions regarding any Promotion or Merchant offering the Promotion, please contact us by email at support@tabletopmedia.com

b. Accounts. Although not all Promotions will require that you purchase or otherwise provide your personal information to gain access to such Promotions, the Company does provide you with the opportunity to purchase certain Promotions from select Merchants conveniently through the use of our Device. In doing so, you may be required to create an account with us in order to purchase such Promotions. The account will collect information to allow you to pay for Promotions and provide you with easy access to access, email or print your Promotions, make repeat purchases conveniently, view your past purchases, and modify your preferences.

c. Purchases of Certain Promotions. By purchasing a Promotion, you have agreed to abide by the terms, restrictions and conditions associated with the Promotion. Once you’ve placed your order for the Promotion, you will receive a confirmation of the Promotion and your credit card will be charged for the amount specified for that Promotion. When necessary, we will notify you by email when a particular Promotion is ready to be used by you.

d. No Cash Value. Unless as otherwise provided for by the terms and conditions of a particular Promotion or as required by law, you will not be entitled to the cash value or partial cash value for any Promotion or partial redemption of any Promotion.

e. No Refunds. The Company will not provide a refund of the purchase price paid by you for any Promotion unless a refund request is made by you in writing within five calendar days of the purchase of such Promotion and provided that the Promotion has not yet been redeemed.

After five calendar days of your purchase of a particular Promotion, the Company will not provide a refund or voucher of any kind unless: (i) the relevant Merchant has gone out of business within such five calendar days of you purchasing such Promotion, or (ii) if the Merchant refused to redeem the Promotion in accordance with the terms and conditions provided for by the Merchant when purchasing the Promotion.

The written refund request must include at least the following: (i) name and contact information of person requesting refund, (ii) identification of the Promotion (including the date, time and description of the purchase of the Promotion), (iii) and Merchant with whom you sought to redeem the Promotion, (iv) statement of the date, time, and circumstances in which the Merchant refused to redeem the Promotion, and (v) a statement, under penalty of perjury, that the Promotion has never been redeemed with the Merchant and that all the information included in your refund request is true and correct. The Company, at its sole discretion, reserves the right to award or refuse such refund requests.

All notices must be sent via certified mail to:

TableTop Media, LLC d/b/a Ziosk

Attn: Legal Department – Refund Requests

12404 Park Central Drive, Suite 350

Dallas, Texas 75251

f. Contests/Sweepstakes. From time to time, the Company or the Merchant may offer special promotions, contests and/or sweepstakes intended to provide you an incentive to purchase a Promotion or to encourage you to get others to do so. The applicable rules will be posted on the Device in or near the description of each such Promotion. The Company reserves the right to interpret such rules in our sole discretion, and you hereby agree to our interpretation.

g. No Warranty. The Company makes no predictions, endorsements, warranties, or guarantees, express or implied, about the truthfulness, accuracy, or quality of any Promotion, statements, representations, opinions, information, copyright information, photography-related information, and classified advertisements provided by, advertised by, or offered by any member, individual, company, service provider, or third party utilizing the Device or featured on the Device and assumes no liability related thereto.

h. Electronic Communications & Security. The Company use industry reasonable security measures and take reasonable precautions to protect the security and integrity of email and other electronic communications that you may send to us and facilitated by our Device. Despite all these precautions, no method of transmission over the Internet is entirely secure and we cannot guarantee the confidentiality or security of the electronic communications or its contents. You transmit such information at your own risk and you should decide very carefully which information you want to send us via any electronic communication. Users of the Device are prohibited from violating or attempting to violate the security of the Device. The Company will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators.

5. Privacy Policy. Please see our Privacy Policy to review how the Company uses information collected on the Device. By entering into this Agreement, you also agree to the Privacy Policy.

6. Enforcement. If you breach any term of the Agreement, the Company may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. The Company’s remedies are cumulative and not exclusive.

a. Limitations of Warranties and Remedies. Diligent care has been taken in acquiring and providing content on the Device. Nonetheless, the Company makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein. You access this Device at your own risk. The Device is provided on an “AS IS, AS AVAILABLE” basis without warranty of any kind and any and all warranties, including warranties of merchantability or fitness for a particular purpose or non-infringement or error-free and/or continuous operation, and warranties as to accuracy or completeness are specifically disclaimed. Neither the Company nor its affiliates, employees, agents or third party content providers shall be liable for any loss resulting from use or unavailability of information or content on the Device, including but not limited to any lost profits, loss or damage to data, or any direct, indirect, special, consequential, compensatory or incidental damages, even if they have been advised of the possibility of such damages. In no event will the Company or any of its affiliates, agents, employees or assigns be held liable for any damage to equipment, hardware or other property of user or personal injury that arises in connection with use of the Device. The Company is not liable for criminal, tortuous, or negligent actions or omissions of users or third parties that affect this site. The Company is not responsible for any inaccuracies, typographical errors or any other mistakes provided by the Device or in any content you may obtain from the Device, and reserves the right to make corrections.

b. Indemnification. You agree to defend, indemnify, and hold harmless the Company and its officers and employees (the “Company Parties”) against any and all third party claims, suits, costs, losses, liabilities, and expenses of any kind (including reasonable attorneys’ fees) that the Company Parties may incur arising out of or resulting from your use of the Device, any sales of made through or facilitated by the Device, any of your other activities on the Device, or your breach of any representation contained in this Agreement or our Privacy Policy.

c. Choice of Law and Venue. This Agreement will be construed and governed in accordance with the laws of the state of Texas without application of choice-of-law provisions that would require application of the laws of another jurisdiction. By entering into this agreement, all parties irrevocably submit themselves to the exclusive venue and personal jurisdiction of the state and federal courts in Dallas County, Texas with regard to any dispute relating to this agreement or its enforcement, other than claims brought under Sections 7(e) and 7(F) of this Agreement below. The parties also hereby waive any challenge to venue and personal jurisdiction they may have to a lawsuit filed in a state or federal court in Dallas County, Texas, regarding a dispute between the parties relating to this agreement or its enforcement.

d. Attorney’s Fees. You agree that the Company is entitled to its reasonable and necessary attorney’s fees if it is a prevailing party in litigation against you relating to this Agreement or your use of the Device.

e. Severability. If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any of the remaining provisions will not in any way be affected or impaired and a valid, legal, and enforceable provision of similar intent and economic impact will be substituted therefore.

f. Additional Provisions Regarding Liability. You and the Company agree that the foregoing limitations will not be read so as to limit any liability to an extent that would not be permitted under applicable law and specifically will not limit any liability gross negligence, intentional tortious, or unlawful conduct or damages for strict liability that may not be limited by law.

g. Notices. Any notices or communication sent by you to the Company pursuant to this Agreement will be in writing and sent to the address specified herein or such other address as the Company may specify in writing.

All notices must be sent via certified mail to:

TableTop Media, LLC d/b/a Ziosk

Attn: Legal Department

12404 Park Central Drive, Suite 350

Dallas, Texas 75251

7. Additional Information.

a. Links. The Device may contain links to third-party applications, games or content. However, please be aware that the Company is not responsible for and cannot control the terms of use and conditions of such third-party applications, games, or linked content. We encourage you to read the terms of use of each and every third-party application, game, or linked content. This Agreement applies solely to this Device. We are not responsible for the content, accuracy, or opinions expressed or included in such third-party links. Inclusion of any linked content on the Device does not imply approval or endorsement of such content by us.

b. Intellectual Property. The Company retains all U.S. and worldwide rights in and to the intellectual property of the Device including, but not limited to any patents, patent applications, trademarks, service marks, trade names, trade dress, copyrights, trade secrets, know-how, proprietary technologies, software, and graphical user interfaces owned by the Company. Any unauthorized use of the Device may violate patent, trademark, copyright and other laws.

c. Trademarks. The Ziosk^® and TableTop Media^TM family of marks and logos are trademark and service marks of the Company. All page headers, custom graphics, graphical user interfaces, page designs, designs, button icons, and slogans are also service marks, trademarks, and/or trade dress of the Company. All rights are reserved and all of the foregoing may not be used, copied, imitated, in whole or in part, without the prior written consent of the Company. The Device may feature the trademarks and service marks of various other companies. The Company has licensed the use of such third-party marks and you may not use, copy, or imitate, in whole or in part, any such third-party mark without the prior written consent of the Company.

d. Copyrights. The Device contains copyrighted material and other proprietary information, including, without limitation, graphics, photography, promotional materials, and other materials. You should assume that everything you read or see on the Device is copyrighted or otherwise protected and owned by the Company or a third party who licensed the right to use such content to the Company. Nothing that you read or see on the Device may be copied, reproduced, modified, distributed, transmitted, or republished in whole or in part, without the prior written consent of the Company.

e. Ownership Disputes. The Company does not resolve intellectual property disputes between members or third parties. The Company has submitted an application with the U.S. Copyright Office to designate a “copyright agent” as required by the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the “DMCA”) and is currently seeking approval of the same. If you believe your work has been copied, used, or posted on or disseminated by the Company’s Device in a way that constitutes copyright infringement, please send the Company’s designated agent for notification of claims of infringement (the “Copyright Agent”) a notice properly describing the infringement as required by Paragraph 7(e) of this Agreement to:

TableTop Media, LLC d/b/a Ziosk

Attn: Legal Department – Copyright Agent

12404 Park Central Drive, Suite 350

Dallas, Texas 75251

Email: copyrights@tabletopmedia.com

f. Notice of Infringement Claims. The Company intends to strictly follow the requirements of the DMCA. Any notice of infringement must include a notification of the claimed infringement and the following: (i) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (ii) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Device (providing URL(s) of the claimed infringing material may be sufficient to satisfy this requirement); (iii) your contact information including your address, telephone number, and email address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) a statement by you, made under penalty or perjury, that the information included in the Infringement Claim is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) your physical or electronic signature. If we remove your content based upon a notice alleging infringement of someone else’s copyright, we will notify you that your materials have been removed and provide you with an opportunity to provide us a counter-notice.

The counter-notice must contain: (i) your name, address, phone number and physical or electronic signature; (ii) identification of your material and its location on the Device before removal; (iii) a statement under penalty of perjury that the material was removed by mistake or due to misidentification; and (iv) your express consent to local federal court jurisdiction, or if overseas, to an appropriate judicial body. We will then promptly notify the claiming party of the your objection. If the claiming party does not bring a lawsuit in Federal district court within 14 days, we will restore your material to its location on the Device.

g. Representations and Warranties. You represent and warrant that: (1) you own the content submitted or otherwise posted by you on, through, or in connection with the Device, and (2) the submission or posting of your content on, through, or in connection with the Device does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of the content posted by you on or through the Device.

By using the Device, you represent that you are not an attorney or an agent of an attorney conducting an investigation of a potential claim related to the Device, any materials available through the Device, or The Company. You also represent that you are not engaging in activities in an attempt to reverse engineer the Device, portions of the Device, or any materials available through the Device.

h. Idea Submissions. Some areas of the Device may permit you submit opinions, information, feedback, and ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names (collectively, “Submissions”). By providing us with Submissions, you represent that: (i) you are 13 years of age or older, (ii) you own and have full rights to submit the Submission, and (iii) the Submission is not confidential. You further agree that the Company is not obligated to post, acknowledge, or otherwise use the User Information in any form regardless of what your Submission says and that: (1) your submissions and their contents will automatically become the property of the Company, without any compensation to you; (2) the Company may use or redistribute the submissions and their contents for any purpose and in any way; (3) there is no obligation for the Company to review the submission; and (4) there is no obligation to keep any submission confidential.

8. Contact Us. If you have any questions or suggestions regarding this Agreement, please contact us at support@tabletopmedia.com.