VIDEO ON DEMAND PLATFORMTERMS AND CONDITIONSLast updated: 20th October 2021
These Terms and Conditions shall apply to all relationships between You and Lucky Laika
Distribution OÜ related to Your use of the VOD Platform. By ticking the relevant box on the VOD
Platform upon paying for the Content, You agree to the application and content of these Termsand Conditions and to the processing of Your personal data in accordance with the Privacy Policy.
By accepting these Terms and Conditions You warrant that You are at least 18 years of age andthat no restrictions or limitations apply to You for concluding legally binding Sales Contracts on
the VOD Platform.
These Terms and Conditions are subject to change from time to time, without prior written notice,taking effect upon making the changes available on the VOD Platform. Please read these Terms
and Conditions carefully before placing each Order to understand Your rights, obligations andlegal remedies available to You. Should You not agree to these Terms and Conditions, do notplace any Orders.

1.

DEFINITIONSIn this Agreement the following expressions have the following meanings:“Content”

means any films, live events and/or other content made available on
the VOD Platform;“Fee”

means the fee payable by the User to LLD under the Sales Contract(if applicable);“LLD”

means Lucky Laika Distribution OÜ, a company registered in
Estonia, registry code: 16282680, address: Estonia pst 9, Tallinn
10143, Estonia, e-mail: info@firebirdmovie.com“Order”

means the declaration of intent of the User to purchase the right toview the selected Content on the VOD Platform in accordance withthese Terms and Conditions;“OrderConfirmation”

means the confirmation of an Order by LLD either in the form of(i) an e-mail sent to the User’s disclosed e-mail address, or (ii) a
successful Order message displayed on the screen;“Sales Contract”

means the contract concluded between the User and LLD inaccordance with these Terms and Conditions for receiving the rightto review the Content on the VOD Platform by way of TVOD;“TVOD”

means transactional video on demand, referring to the paid
exploitation of content for temporary use by the User by way ofstreaming;

“VOD Platform”

means the video on demand platform operated by LLD, whichenables to make the Content available to the Users by way ofproviding TVOD services;“You” or "Users"

mean the natural person end users of the VOD Platform(consumers), who are at least 18 years old.

2.

LEGAL FRAMEWORK

2.1

LLD, acting as the distributor of the Content, offers Users the possibility to select, order,
pay for and view from their personal devices different Content as may be made available
on the VOD Platform. The Content is made available as a TVOD service, i.e. streaming of
the selected Content on the VOD Platform for a limited period of time against payment ofthe Fee or (if applicable) free of charge.

2.2

A Sales Contract for obtaining the limited right to stream the selected Content on theVOD Platform shall be deemed concluded between LLD and the User from the moment
the User receives the Order Confirmation on the terms and conditions set out in theseTerms and Conditions.

2.3

LLD may use services of third parties for operating the VOD Platform and collecting
payments from the Users.

3.

PLACEMENT OF ORDERS

3.1

On the VOD Platform the User may place an Order for purchasing the limited right tostream the selected Content on the VOD Platform. The User may place the Order either(i) by disclosing his/her e-mail address and requesting a ticket ID to be sent on suchaddress, or (ii) without disclosing his/her e-mail address and viewing the selected Content
through the embed player on the VOD Platform. Upon placement of the Order the User is
prompted with the request to pay the Fee for the Content.

3.2

After payment of the applicable Fee, LLD shall send or display an Order Confirmation tothe User.

3.3

The Content shall be made available to the User for a limited period of 30 calendar days
from receiving the Order Confirmation and within 48 hours from launching of therespective Content on the User’s device. The purchased Content can be accessed asoften as desired during the 48 hours’ period from any suitable device(s) of the User. After
expiry of either of the deadlines, the Content will no longer be available for the User on
the VOD Platform.

4.

USE OF THE VOD PLATFORM

4.1

The User can use the Content solely for personal and non-commercial use and only forthe purpose of immediate perception via the VOD Platform, i.e. without intermediatestorage of the Content on the end device of the respective User.

4.2

The User may not use the VOD Platform for any other purpose than provided inSection 4.1, nor for any other purpose contrary to the applicable law. The User may not
misuse the VOD Platform or the Content, which includes inter alia that the User may not:4.2.1

download, copy or otherwise save the Content for offline viewing;24.2.2

rent, resell, distribute or otherwise offer the Content provided through the VOD
Platform to third parties or make it publicly accessible (either by live broadcast orby reproducing it);

4.2.3

attempt to impersonate another User or use the ticket ID of another User without
such User’s prior consent;

4.2.4

manipulate the digital key transmitted to decrypt and play the Content;

4.2.5

decompile, reverse engineer or disassemble any software or other items orprocesses accessible through the VOD Platform;

4.2.6

use any data mining, data gathering or extraction method on the VOD Platform;

4.2.7

circumvent the territorial limitation of use (in particular by geo-blocking) of thecontent made available (e.g. circumvention by means of VPN client or tunnel);

4.2.8

change any copyright and property right notices;

4.2.9

violate any laws, third party rights (including copyright or other intellectual
property rights), or the policies of LLD (including these Terms and Conditions);

4.2.10 make available to persons below a certain age such Content that is restricted for
persons below such age, and shall not make available to persons below the ageof 18 years Content that is marked as “Not Rated” or “Unrated”.
4.3

To use the VOD Platform, the User requires internet connection and an internet-capableend device (e.g. PC, Mac, smartphone, tablet). The User is responsible for theprocurement, use and compatibility of the required hardware and software of such device
with the VOD Platform.

4.4

The User shall ensure that the device fulfils the technical system requirements, inparticular for high-resolution display and for streaming the Content, as described in moredetail under FAQ on the website www.firebirdmovie.com/FAQ. The display quality of theContent may differ from device to device and depend on various hardware and software
factors such as the up-to-dateness of the operating system and the browser, the location,
the available bandwidth and/or the speed of the end user's internet connection.

4.5

The use of the VOD Platform may lead to further costs for the User, especially with timeor volume tariffs. For the reception of standard definition (SD) content, a broadband
internet connection with an (actual) download speed of at least 2 Mbits/s isrecommended. For the reception of high-definition (HD) content, an (actual) download
speed of at least 5.0 Mbits/s is recommended. Bandwidths below this recommendation
only allow limited use of the VOD Platform with considerable loss of quality.

4.6

If access data (in particular passwords) are available, the User shall not pass them on tothird parties and shall keep them protected from access by third parties. If there is reason
to suspect that third parties have gained knowledge of access data or have otherwise
gained access to the User’s account or payment card, the User shall inform LLD
immediately and change the access data without delay and/or block his/her payment
card.

35.

PAYMENT

5.1

The User undertakes to pay the applicable Fee for the Content in the amount indicated on
the VOD Platform. The amount of the Fee is inclusive of the applicable value added tax,
sales tax or similar tax.

5.2

All payments are processed from the User’s payment card or other payment method
made available to the User on the VOD Platform. Payments are collected by a third party
appointed by LLD and processed through third-party payment processors. Upon
confirming the Order, You authorise the payment with Your payment card or other eligible
payment method in the amount of the Fee, and the respective amount will be reserved ordebited from Your payment card. If payment of the Fee is declined, due to expiration,
insufficient funds, or otherwise, no Sales Contract will be concluded, and You will not be
granted the right to view the selected Content. If any errors should occur with collecting
the Fee from Your payment card at any later point in time, You remain responsible for any
uncollected amounts of the Fee.

5.3

The payment obligation of the User is deemed completed, if the full amount of the Fee isdeducted or irrevocably made available to LLD or an authorized third party introduced byLLD, who may be acting as a payment agent for LLD. If the Fee cannot be deducted fromthe User’s payment card, the Order will not be completed.

5.4

LLD has the right to unilaterally amend the Fee applicable to the Content at any time in its
sole and absolute discretion, by making the updated Fees available on the VOD Platform.

6.

PROMOTIONS AND ADVERTISING

6.1

LLD may, in its sole discretion, offer from time-to-time voucher codes for reductions in theamount of Fee or the opportunity to watch certain Content for no charge. Details of how toredeem such vouchers and the terms and conditions for using them will be provided at
the relevant time (e.g. time limit, quantity limit etc). Unless explicitly stated otherwise, any
promotion code or offer provided on the VOD Platform cannot be combined or used inconjunction with any other promotion code or offer, past or present.

6.2

LLD reserves the right to display advertising, promotional banners, offers or links to third
party content or services on any part of the VOD Platform at its sole discretion. Ifapplicable, Your eligibility to make use of certain advertising or promotional offers shall be
determined by LLD in its sole discretion. LLD may offer promotions in conjunction withthird parties, which may require, if You would like to participate, that LLD shares Your
personal information with such third parties. Please note that such third parties areresponsible for their own privacy practices.

7.

TERRITORIAL LIMITATIONS

7.1

The preservation of the territorial limitation of the use of the provided Content istechnically guaranteed by geo-blocking in compliance with the legal requirements (inparticular also in compliance with the Regulation (EU) 2017/1128 on cross-border
portability of online content services in the internal market). LLD is entitled to obtain theinformation required to determine the Member State of residence of the respective Userin accordance with the Regulation (EU) 2017/1128 or to carry out the measures requiredfor this purpose, if applicable.

47.2

If the User does not provide the information required and requested to establish theMember State of residence in accordance with the Regulation (EU) 2017/1128, or does
not provide it completely or truthfully, or fails to provide any other cooperation required inthis context, with the result that the User's Member State of residence cannot beestablished, the User shall not be entitled to use the content on a cross-border basis
within the meaning of that Regulation (EU) 2017/1128.

7.3

The right of use granted to the end-user shall be geographically limited to the respective
current location of the User, while ensuring the cross-border portability of online content
services in the European internal market in the event of temporary stays of the User inanother Member State of the European Union.

8.

INTELLECTUAL PROPERTY RIGHTS, DATA PROCESSING

8.1

Upon conclusion of the Sales Contract the User is only granted a non-exclusive,non-transferable, non-sublicensable right, limited in time to the periods listed underSection 3.3, to stream the Content in the User’s device for private purposes. No furtherrights of use, title or interest are granted to the User. In particular, the User is not entitledto permanently store the Content in whole or in part, to reproduce it beyond theaforementioned scope, to edit it or to use it for his own commercial purposes.

8.2

All intellectual property rights regarding the software, documentation or information usedor developed by or on behalf of LLD during the performance of the Sales Contract belong
to LLD (or to a third party service provider of LLD). The User shall not copy, modify,adapt, reverse-engineer, decompile or otherwise discover the source code of the VOD
Platform or any other software used by LLD or extract or use any data on the VOD
Platform for commercial purposes or any other purpose than allowed under these Terms
and Conditions.

8.3

The principles of processing the Users’ personal data are set out in the Privacy Policy
available on the VOD Platform.

8.4

Cookie policies of third parties may apply, if the User reaches the VOD Platform through athird party operated website, and LLD shall not bear any liability for the existence orcontent of such third party cookie policies.

9.

LIABILITY

9.1

LLD endeavours to ensure the permanent and continuous availability and fault-freefunctionality of the VOD Platform. Nevertheless, the VOD Platform is provided to theUsers on an “as is” basis. LLD will not be liable for any interruptions, connection errors,
unavailability of or faults in the VOD Platform, whether or not caused by any act, omission
or circumstance beyond LLD’s control (Force Majeure), the failure to perform an
obligation by any service provider or cooperation partner of LLD, or by any other reason.

9.2

LLD shall not bear any liability if Content, which is subject to age restrictions, is madeavailable to persons below the said age, or if “Not Rated” or “Unrated” Content is madeavailable to persons below the age of 18 years.

9.3Notwithstanding anything to the contrary contained in this Section 9, LLD’s liability to You
will at all times be limited to the amount paid by You when placing the Order, except in the5event of death or personal injury or a breach caused by LLD’s gross negligence or intent,
or any other liability that cannot be excluded or limited by applicable law.
9.4

Termination and Suspension of use

9.5

The User has the statutory right to withdraw from the Sales Contract within 14 days fromthe conclusion of the Sales Contract, provided that the ordered Content has not yet beenlaunched on any of the User’s devices. By clicking on the "VIEW NOW" button or bystarting viewing the Content in any other manner, You expressly waive Your right ofwithdrawal from the Sales Contract to which a consumer may be entitled to underapplicable law.

9.6

LLD may restrict the accessibility and operation of the VOD Platform for technicalreasons, if the security of network operation, the maintenance of network integrity, inparticular the avoidance of serious disruptions of the network, the software or stored data,
the interoperability of the services or data protection so require. Maintenance work will becarried out on the VOD Platform where appropriate, and (if possible) such maintenancework will be carried out at times of low usage. If maintenance work is planned, LLD will
disclose it on the VOD Platform or by notifying the Users.

9.7

If the User breaches any obligations set out in these Terms and Conditions, the User shallbe liable (in addition to other legal remedies available to LLD under these Terms andConditions or applicable law) for all damages, costs and other expenses (including legalcosts) and shall indemnify LLD against any claims arising as a result thereof.

9.8

In the event of a breach of duty by the User as well as in the event of justified suspicionsof a breach of duty, we are entitled to withhold the respective service or the availability of
the Content or functionality to which the breach relates within the scope of the statutory
provisions and without any obligation of compensation to the User. In the aforementioned
cases, as well as in the event of suspicion of untrue or false information by the User or in
the event of unauthorised disclosure of the access data, LLD or any third person
appointed by LLD is furthermore entitled to temporarily block access to the VOD Platform
and/or to certain Content by the User.

9.9

Access to the VOD Platform and/or the User’s account will be immediately restored, if itturns out that the suspicions were unfounded and/or there is no or no longer a significant
breach of duty by the User. In doing so, the User will be granted full right to use the VOD
Platform in accordance with the Sales Contract. The right of LLD to terminate the Sales
Contract for good cause remains unaffected.

10.

FINAL PROVISIONS

10.1

LLD uses reasonable efforts to include accurate and up-to-date information on the VOD
Platform; however, LLD does not represent, warrant or promise (whether express orimplied) that any information on the VOD Platform is or remains accurate, complete andup to date, or fit or suitable for any purpose. The Content and information on the VOD
Platform is provided for Your general information purposes only. It does not constitutetechnical, financial, legal advice or any other type of advice and should not be relied onfor any purposes. Any reliance You place on any of such information is at Your own risk,
subject to any mandatory statutory requirement or Your statutory rights.

610.2

LLD may amend the Terms and Conditions from time to time without prior written notice tothe Users, and such changes will apply to any Orders placed through the VOD Platform
after the amended Terms and Conditions were posted thereto.

10.3

If the respective dispute resulting from these Terms and Conditions cannot be settled bynegotiations, then the dispute will be finally solved in Harju County Court in Tallinn,
Estonia, unless the mandatory provisions applicable to consumers provide for a different
jurisdiction. A User who is a consumer may also submit the dispute for resolution to theOnline Dispute Resolution tool available at http://ec.europa.eu/odr.

10.4

The use of the VOD Platform and all legal relations formed thereunder will be governedby the substantive law of Estonia, unless the mandatory provisions applicable toconsumers provide for a different governing law.

10.5

Should You need any assistance or more information on using the VOD Platform, pleaserefer to FAQ page of LLD available at www.firebirdmovie.com/FAQ.

7