Terms & Conditions
Welcome to the products and/or services offered by INCUTIX!
The “INCUTIX Service Agreement” (hereinafter referred to as the “Agreement”) is entered into by and between you (hereinafter referred to as the “User”) and INCUTIX or its affiliated companies (hereinafter referred to as “INCUTIX” or “we”), and is legally binding on both parties. We recommend that you read this Agreement carefully, as it contains important provisions that may affect your rights (such as our responsibilities, your rights, dispute resolution methods, and jurisdiction). Please pay attention to the key terms and conditions. By using the products and/or services offered by INCUTIX (hereinafter referred to as the “Services”), you agree to be bound by the terms and conditions of this Agreement, as amended from time to time.
This “INCUTIX Service Agreement” will explain the following:
- Definition of the Agreement and Service Description
- Your INCUTIX Account
- Rules for Using the Services
- Your Conduct
- Transmission and Sharing of Content
- Protection of Your Personal Information
- Intellectual Property Rights
- Advertisements and Third-Party Links
- Limitation of Liability
- Changes to and Interruptions/Termination of the Services
- Notice and Contact Information
- About this Agreement
Definition of the Agreement and Service Description
- The products and/or services of INCUTIX are provided to you by INCUTIX. "INCUTIX" refers to the enterprise group, including INCUTIX and its affiliated companies. Affiliated companies refer to companies and institutions that are under the joint control of the present INCUTIX and its affiliated companies, and control refers to the ability to directly or indirectly influence the management/operation of the controlled object through ownership, voting rights, contracts, actual operational relations or other means recognized by law.
- This agreement applies to all products and/or services of INCUTIX. The products and/or services of INCUTIX include but are not limited to audiovisual services, live broadcast services, product purchase services, ticketing services, advertising services, membership services, and/or other products and/or services provided by INCUTIX.
- The platform of INCUTIX includes but is not limited to: incutix.com and/or any other web platform and software/hardware client platform directly owned or operated by us, and applicable terminals include but are not limited to PC computers, tablets, mobile phones, televisions, set-top boxes, wearable devices, etc.
- The term "User" in this agreement refers to those who have successfully registered as members and/or purchased concert tickets provided by INCUTIX and become our "Users," who must abide by all the terms of this agreement during the use process.
It is important to note that due to the variety of products and/or services we offer, the content of the products and/or services provided to you may differ. This agreement is a general user service agreement that applies uniformly to all products and/or services of INCUTIX. For certain specific products and/or services, we will also formulate specific user service agreements to provide you with more specific information on the service content, service rules, and other related content. You should read and agree to all the contents of the specific user service agreement before using the specific products/services. When you use products and/or services provided by third parties through our platform, in addition to complying with the provisions of this agreement, you should also comply with the third party's service terms.
Your INCUTIX Account
You can create a INCUTIX account to use certain features and services on our platform. You can register directly on our platform. After successfully registering your account, you can also use your INCUTIX account to log in to products and/or services provided by our partner companies through authorization login, etc. However, please note that when you use our account to log in to products and/or services provided by our partner companies, you should also comply with the relevant account usage rules.
To ensure that you can use our products and/or services smoothly, you acknowledge and agree that when you use your INCUTIX account (including logging in through a third-party account authorization), you should comply with the following rules:
- When registering a INCUTIX account (including registering through a third-party account authorization), you should provide us with complete, true, accurate, and up-to-date necessary registration information according to the page prompts. You may not use someone else's email address, mobile phone number, or impersonate someone else to register an account. If the above information changes after submission, you should update it in a timely manner. Moreover, the registration information such as name, avatar, and introduction that you submit may not contain illegal or harmful content;
- Except for logging in through a third-party account authorization, you can only register as our registered user through our official channels. You may not obtain a INCUTIX account through unauthorized means, including but not limited to purchasing, renting, borrowing, sharing, utilizing, or destroying our registration system and/or other means without our permission;
- You have limited use rights to your INCUTIX account. Your INCUTIX account can only be used for personal non-commercial purposes and may not be transferred, rented, lent, sold, shared, or otherwise used by others (except as otherwise provided by law or as agreed by both parties).
Managing and Securing Your Account
- You are responsible for all actions taken under your INCUTIX account and/or through your INCUTIX account. Therefore, you should take responsibility for properly and correctly safeguarding, using, and maintaining your INCUTIX account and password, and taking necessary and effective confidentiality measures. You are solely responsible for any loss, disclosure, tampering, theft, or other damage caused by improper safeguarding, use, or maintenance of your account and password, except where we are legally at fault;
- If you find that someone has used your account without your authorization, or your account has other abnormal situations that prevent you from logging in and using it normally, you need to follow our official account recovery process to retrieve your account. During the recovery process, we may ask you to provide corresponding information and/or proof materials. Please ensure that the content you provide is true and valid, otherwise, the recovery may fail due to our verification process;
- To protect the security of your account and prevent theft and other unsafe situations, we may periodically or regularly use one or more methods to verify the identity of registered users (such as SMS verification, email verification, etc.). If the user fails to pass the verification, we have reasonable grounds to suspect that the account has been stolen or other unsafe situations have occurred. We may decide whether to suspend or terminate the provision of our products and/or services to the account based on the severity of the situation. You agree that we take the aforementioned measures to protect the security of user accounts, and we are not responsible for any consequences arising from our measures;
- If you engage in the following behaviors, we have the right to temporarily suspend or permanently terminate your use of the account or revoke your INCUTIX account, interrupt or terminate our provision of our products and/or services to you, and we will not be responsible for any consequences arising from our measures:
- You have not completed phone verification;
- Based on your active application;
- You violate the content of this agreement;
- In accordance with the laws and regulations we must comply with;
- We have reason to believe that your use is (or may be) infringing on the legal rights and interests of us and/or others.
Service Usage Rules
- Basic principles of service usage:
- When using our products and/or services, you should comply with relevant laws and regulations and other normative documents, abide by public order, respect social ethics, avoid harming network security, and refrain from engaging in activities that endanger national security, honor, and interests, incite subversion of state power, overthrow the socialist system, advocate separatism, promote terrorism, extremism, ethnic hatred, ethnic discrimination, spread violent and obscene pornographic information, fabricate and disseminate false information that disrupts economic and social order, and infringe upon the legal rights and interests of others. In any case, if we have reasonable grounds to believe that you have engaged in or may engage in the above behaviors, we can suspend or terminate our provision of our products and/or services to you at any time without prior notice.
- Our products and/or services are only available for use on our platform or other platforms that we have explicitly authorized. Any behavior that illegally separates our products and/or services from our platform or other platforms we authorize, such as cracking, translating, or transcribing, does not fall within the scope of INCUTIX's products and/or services as defined in this agreement. We reserve the right to pursue the legal liability and claim damages from the infringing party.
- Unless otherwise provided by law or agreed upon by both parties, we grant you a personal, non-exclusive, non-transferable, non-commercial, revocable, and time-limited license to use our products and/or services. That is, you can only use our products and/or services for personal, non-commercial purposes.
- You acknowledge and agree that due to broadband and network connection issues, there may be longer buffering or lagging or other similar situations in the process of providing products and/or services, which is not our fault, and we are not responsible for such situations. In order to reduce or even avoid the occurrence of the above situations and further improve the user experience, you confirm that we can adopt a series of technical means to optimize our products and/or services, such as improving the technical measures to enhance video distribution quality.
- You acknowledge and agree that our products and/or services require access to the internet to be used. Therefore, you are responsible for the upstream and downstream network communication and traffic charges incurred during the use of our products and/or services, which will be collected by the network operator. You can also make relevant settings for network usage information through the relevant setting pages of the product or terminal.
- You can consult us and obtain reasonable technical support for our products and/or services, and our obligation shall not exceed INCUTIX's reasonable capacity.
- Rules for using virtual assets:
- Virtual assets refer to the products and/or services you obtain through free or paid means, such as points, coupons, redemption codes, etc., which are used on our platform in compliance with certain usage rules;
- Virtual assets cannot be exchanged for cash or transferred, traded, replaced, or mortgaged. We do not provide any operation modification or refund for the virtual assets you consume. We are not responsible for the physical goods exchanged by virtual assets, except for product liability caused by IQIYI's fault;
- The pricing, acquisition methods, quantities, usage methods, validity periods, and all other content of virtual assets shall be subject to our platform's publication, actual display, or our explanation.
Your Code of Conduct
- You should access and use our products and/or services in compliance with this agreement, laws and regulations, and other normative documents. You agree that you will not engage in or use our products and/or services for the following activities (nor provide convenience and support for others to engage in such activities):
- Harming minors and/or others in any way;
- Engaging in activities that infringe upon our or others' legitimate rights and interests, or illegal activities, including providing explanations for such activities;
- Obtaining our services, content, or data (including but not limited to business data and user personal information) in any way (including but not limited to automatic programs, scripts, or software such as robots, spiders, and crawlers) without our or others' (if applicable) prior written permission, either on your own or through a third party;
- Evasion, removal, alteration, obstruction, destruction or other disruption of our security measures used to protect our products and/or services;
- Displaying our products and/or content in whole or in part in any public place in a paid or free manner without our explicit authorization (except where your above behavior does not constitute infringement);
- Obtaining or using our products or services by illegal means or in ways that violate the principle of good faith (such as taking advantage of rule loopholes, system vulnerabilities, abusing membership status, engaging in illegal industries, or speculating), which contravenes the original intention of our provision of products and/or services;
- Falsifying headers or manipulating identification information in a way that causes people to mistake the content as being sent by us;
- Uploading, posting, sending emails, or transmitting in any other way software viruses, political propaganda, commercial solicitation (such as advertising letters and promotional materials), chain letters, bulk mail, or any other form of "spam," content that infringes upon any person's patents, trademarks, copyrights, trade secrets, or other proprietary rights, or content that is not authorized to be transmitted (such as internal data or confidential information);
- Using malicious software, network vulnerabilities, or other illegal means to disrupt our normal operations; or stealing or misappropriating others' accounts and properties under the accounts;
- Other behaviors that are not authorized or permitted by us, or that violate this agreement, laws and regulations, or regulatory policies, or infringe upon our and/or others' legitimate rights and interests.
- Your behavior in using our products and/or services to create, upload, copy, transmit, or disseminate content must not violate laws, regulations, or other normative documents, and must not infringe upon our and/or others' legitimate rights and interests, and must not contain the following content, including but not limited to:
- Any content that opposes the basic principles established by the Constitution, endangers national security, divulges state secrets, subverts state power, undermines national unity, damages national honor and interests, incites ethnic hatred, discriminates against ethnic groups, undermines ethnic unity, undermines state religious policies, promotes cults and feudal superstitions, is obscene, pornographic, involves gambling, violence, murder, terror, or incites criminal activity, or contains content that insults or slanders others;
- Advertising information, including but not limited to the title and introduction of advertising information, except with our written permission;
- Any content that violates our or others' legitimate rights and interests, or violates laws, regulations, other normative documents, and this agreement.
- You are solely and independently responsible for the symbols, text, images, audio, and video content you create, upload, publish, and disseminate using our products and/or services, and should assume legal liability, including compensation for any losses incurred by us. At the same time: In order to maintain the laws, regulations, and relevant normative documents of the Hong Kong region and the users using our products and/or services, protect the legitimate rights and interests of others, and maintain our reputation and safety, we have the right to directly delete the symbols, text, images, audio, and video content created, uploaded, published, and disseminated by users using our products and/or services without prior notice; we have the right to ban your account, temporarily or permanently suspend you, and any relevant third parties (if any) from using our products and/or services to create, upload, publish, and disseminate symbols, text, images, audio, and video content or terminate the provision of our products and/or services to you based on the severity of the situation;
Transmission and Sharing of Content
- You fully understand and agree that any content transmitted through the live streaming service we provide does not reflect our views or policies, and we assume no responsibility for it. At the same time, you should judge the content provided by other users of the platform and assume all risks associated with using such content, including risks arising from reliance on the accuracy, completeness, or practicality of the content, for which we assume no legal liability.
- You understand and agree that unless otherwise required by laws and regulations, we have no obligation to store the content you publish or share on the platform, and you should back it up on your own. If required by relevant laws and regulations, we will monitor the content you upload on the platform. You also understand and agree that unless otherwise required by laws and regulations, we have no obligation to keep the content confidential, regardless of whether the above content you provide is known to the public.
- When you publish or transmit pictures, text, audio, video and other content on our platform, you are deemed to be the copyright owner or authorized person of such content. Unless otherwise agreed, your act of publicly releasing, disseminating, and sharing the aforementioned content on the platform represents that you have the right and agree to grant us all the copyright rights (including but not limited to the right to reproduce, distribute, rent, exhibit, perform, display, transmit, film, adapt, translate and compile your content, and the right to use such content for commercial development, promotion and other related services, including sub-licensing and rights protection) worldwide, permanently, irrevocably, and free of charge, except for the personal rights exclusive to the copyright owner.
Protection of Your Personal Information
- We understand the importance of personal information to you, so we attach great importance to protecting your privacy and personal information and treat and handle your personal information with a highly cautious obligation. In the process of using our products and/or services, we will adopt relevant technical measures and other security measures to protect your personal information.
- We pay great attention to the protection of minors:
- If you are a minor, you should read this agreement under the guardianship and guidance of your guardian, and your use of our products and/or services has been approved by your guardian;
- The guardian should guide their children on the safety issues when using the Internet and prevent problems before they happen. If the guardian agrees to let a minor use our products and/or services, they must apply for consumption (if applicable) on behalf of the minor and correctly guide and supervise the minor's use of our products and/or services. The use of our products and/or services by minors and the exercise and performance of rights and obligations under this agreement are deemed to have been approved by the guardian;
- We remind minors to be good at online learning and to recognize the difference between the online world and the real world when using our products and services, to avoid being addicted to the Internet and affecting their daily learning and life.
Intellectual Property Rights
- All content provided in our products and services (including but not limited to software, software names and logos, product interfaces, text, images, audio, video, etc.) are our intellectual property or the related authorized rights we enjoy; without our prior written consent, you may not use the aforementioned content in any form or create related derivative works.
- About the software (and its technology) in our products and/or services:
- You may need to download our software during the use of our products and/or services. For such software, we only grant you a revocable, limited, non-transferable, and non-exclusive license. You can only download and use the software for non-commercial purposes of accessing/using the service.
- In order to improve user experience, ensure the security and consistency of products and services, we may update the website or application.
- You may not copy, modify, publish, sell, or rent any part of our products and/or services or the included website, nor may you attempt to extract the original source code of the software through reverse engineering, decompilation, disassembly, or other similar actions.
- Our intellectual property rights and enjoyment will not be transferred due to any of your usage behaviors.
Advertising, Third-Party Links
- You acknowledge and agree that in providing our products and/or services, we reserve the right to place commercial advertisements (including advertising links) or any other type of commercial information in various ways (including but not limited to placing advertisements anywhere on our platform, placing advertisements in the content you upload and disseminate) in compliance with laws and regulations.
- Subject to compliance with laws and regulations, we have the right to independently decide on the form, duration, location, and content of advertising placement without any interference from any third party.
- You agree that we may send you product promotions or other related commercial information by email, text message, or other means, and we will provide you with a way to unsubscribe.
- Our products and/or services may provide links to other Internet websites or resources. We will fulfill relevant obligations regarding advertisers in accordance with legal requirements. However, you acknowledge and agree that these advertisers and advertising content are not controlled by us, and you should carefully judge the authenticity and reliability of advertising information. Any actions or disputes between you and advertisers or ad publishers through our products and/or services shall be your responsibility to resolve. Except for the responsibilities that the advertising publisher should bear according to laws and regulations, we will not assume any additional responsibility, but we will provide necessary assistance in accordance with legal requirements if necessary.
Limitation of Liability
- Any content in this Agreement does not affect any statutory rights that you have as a user and cannot be agreed upon to change or waive in any legal manner. This Agreement and all disclaimers and liability limitations contained in this Agreement shall only apply to the maximum extent permitted by applicable laws and regulations.
- You acknowledge and agree that unless otherwise agreed in this Agreement or required by laws and regulations, our products and/or services are provided on an "as is" basis, and we do not make any express or implied promises or warranties regarding the products and/or services provided (including technology and information), including but not limited to quality, stability, correctness, timeliness, completeness, consistency, and security. However, we promise to continuously improve the quality and service standards of our products and/or services, providing users with higher quality products and/or services.
- Except as otherwise provided by laws and regulations, we only assume the maximum liability permitted by law for the products and/or services we provide, and we shall not be liable for any indirect, incidental, consequential, or punitive loss and/or damage, including but not limited to loss of profits, business reputation, business opportunities, data or other tangible or intangible losses caused by the service. We shall not be liable for any defamation, crime, or other illegal activities of any third party, and shall not compensate for any losses caused thereby.
- We only assume the direct liability explicitly agreed upon in this Agreement. Except as otherwise provided by laws and regulations or agreed in this Agreement, in any case, our total liability for compensation under this Agreement shall not exceed the total amount of service fees we charge you for providing you with our products and/or services. You agree to (at our option), provide defense and compensation for us and/or third parties who use our products and/or services in the event of any litigation or dispute caused by your following behavior:
- You violate any terms of this Agreement;
- You infringe, or are suspected of infringing or misappropriating any intellectual property rights;
- Anyone claims that your actions have damaged the interests of a third party. You shall cooperate with us to defend against such claims. We reserve the right to control any matter arising from your claims at our own expense.
Changes and Interruptions/Termination of Service
- Subject to applicable laws and regulations, we reserve the right to temporarily or permanently change or terminate our products and/or services (or any part thereof) based on our business development needs. Such changes or terminations shall not result in any breach of contract liability to you or any third party. If your legitimate interests are affected by such changes or terminations, we will provide you with appropriate compensation based on the confirmed actual losses after you apply for it.
- In addition to the foregoing, we have the right to interrupt or terminate the provision of our products and/or services to you under the following circumstances:
- If you requested it;
- If you have engaged in or we have independently determined that you have engaged in any behavior that violates national laws and regulations or regulatory policies, violates this Agreement, or harms our reputation or interests;
- If required by laws and regulations, regulatory policies, or competent authorities;
- In case of emergency situations such as maintaining account and system security;
- Due to force majeure, including but not limited to hacker attacks, significant impacts caused by telecommunications technical adjustments, temporary closures caused by government regulation, virus attacks, and other circumstances that affect the normal operation of the Internet due to the special nature of the Internet.
- In the event of termination under the foregoing circumstances, you and we agree to the following processing methods:
- Unused entitlements under your account will be automatically cleared and not refunded;
- Except as otherwise provided by applicable laws and regulations or explained by us, any related fees already charged by us will not be refunded;
- If termination is due to your breach of this Agreement, we have the right to require you to assume corresponding breach of contract liability;
- Except as otherwise provided by applicable laws and regulations or explained by us, we shall not be liable to you or any third party for any compensation.
Notice and Contact Information
- For all notices to users under this Agreement, we may send them to the email address [email protected]. Such notices shall be deemed to have been delivered to you on the date of sending.
- If you have any questions about this Agreement or matters related to our products and/or services (including inquiries, complaints, etc.), you can contact us by email at [email protected].
- We will reply to you as soon as possible after receiving your feedback.
About this Agreement
- We may update the content of this "INCUTIX Service Agreement" at any time, which will form part of this "INCUTIX Service Agreement". This Agreement shall take effect immediately after the update time at the top of the page. If you continue to use our products and/or services, it means that you have fully read, understood, and agreed to be bound by the revised "INCUTIX Service Agreement".
- The interpretation and dispute resolution of this Agreement shall be governed by the laws of the Hong Kong Special Administrative Region of the People's Republic of China. In the event of any dispute arising from the signing, performance, etc. of this Agreement, the parties shall attempt to resolve the dispute amicably. If no settlement can be reached through negotiation, either party may file a lawsuit with the people's court with jurisdiction over the defendant's domicile.
- The titles of this Agreement are for convenience only and shall not affect the meaning or interpretation of any provisions of this Agreement.
- In any event, if any one or more of the provisions contained in this Agreement are held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected.