User Agreement of Fengshows (“Agreement”)
Update Date: [2022-08-22]
Effective Date: [2022-08-22]
You are welcome to log in to Fengshows (hereinafter referred to as the “Platform") to use the software related to the Platform and the related Platform products/services (hereinafter referred to as "Fengshows Products/Services" or “Platform Products/Services”)). This Agreement is between user and Fengshows Limited regarding user’s usage of the Platform Products/Services. Title of each clause of this Agreement is to help you understand the gist of the relevant clause only, and does not affect or limit the meaning or interpretation of the terms of this Agreement. In order to protect your rights, it is recommended that you read each clause of this Agreement carefully.
1.1 鳳凰秀產品/服務由鳳凰秀有限公司("鳳凰秀” 或 “我們”）向用戶（"用戶”或“閣下”）提供。本平台各項產品/服務的所有權和運營管理權歸屬於鳳凰秀。我們致力於向 閣下提供優質的產品/服務，並將嚴格遵守 本協議内之條款。
Fengshows Products/Services are provided by Fengshows Limited (referred to as “Fengshows” or “we”) to users ("User” or "you" ). The ownership and operation management rights of each of the products/services on this Platform belong to Fengshows. We are committed to providing you with high-quality products/services, and will strictly abide by the terms of this Agreement.
1.2 請閣下在使用本平台產品/服務前仔細閱讀本協議的各項條款，這是我們向閣下提供服務的前提。 我們善意地提醒閣下，本協議中有可能深切影響閣下權益的條款，我們已採用粗字體及/或在字底加上橫線 進行特別提示，請閣下留意並重點閱讀。
Please read the terms and conditions of this Agreement carefully before using our Fengshow Products/Services as a prerequisite for our provision of products/services to you. We kindly remind you that certain terms and conditions of this Agreement which may materially affect your rights and interests are specifically highlighted in bold and/or underlined for your particular attention, so please pay attention and read them carefully.
1.3 如果閣下同意本協議，即閣下代表閣下個人並確認，閣下已年滿18周歲，具備完全民事權利能力和完全民事行為能力，能夠獨立承擔法律責任。 未滿18週歲的未成年人應由監護人或法定代理人創建賬號並由監護人或法定代理人負責使用本平台 產品/服務。如果閣下不符合前述條件，我們可能不能向閣下提供本平台產品/服務。
If you agree to this Agreement, this means that you are representing yourself personally, and confirm that you have reached the age of 18, and have full capacity for civil rights and civil conducts, and are able to independently assume legal responsibilities. Minors under the age of 18 should have their guardian or legal representative to create an account and such guardian or legal representative shall be responsible for usage of the Platform Products/Services. If you do not meet the foregoing conditions, we may not be able to provide you with the Platform Products/Services.
1.5 當閣下按照注册頁面提示填寫資料、閱讀並同意本協議且完成全部注册程序後，即表示閣下已充分閱讀、理解並接受本協議以及《隱私政策》和《COOKIE政策》的全部內容，並與鳳凰秀達成一致，成為本平台“用戶”。閱讀本協議以及《隱私政策》和《COOKIE政策》的過程中，如果閣下不同意本協議 、《隱私政策》或《COOKIE政策》或其中任何條款約定，閣下應立即停止注册程序。
If you have not applied for registration, you will still be able to browse the Platform contents, but you will not be able to post comments, subscribe, shop or read the paid contents, etc.
1.7 本平台產品/服務內可能包含針對某些服務/功能的特定規則（以下簡稱“具體規則”），包括有關產品/服務的操作指引、特定條款、以及隨著本平台產品/服務不時更新與發展(如有)而需要閣下遵守新，或經修改後的規則、流程等。任何單獨展示的具體規則均與本協議具有同等法律效力。具體規則與本協議有衝突的，以具體規則為準。具體規則未提及的事項，以本協議為準。 閣下使用本平台 產品/服務的行為（包括下載、安裝、啓動、瀏覽、註冊、登錄、使用、付費購買等行為）（以下簡稱“使用”），表示閣下同意本協議 及(如適用)有關具體規則，如果閣下不願意接受本協議及有關具體規則，請閣下不要使用與該具體 規則相關的鳳凰秀產品/服務。
The Platform Products/ Services may contain specific rules for certain services/functions (hereinafter referred to as "specific rules"), including the operating instructions, special terms and conditions, etc., in respect of the relevant product/service and any new or modified rules and procedures that require your compliance as a result of the update and development (if any) of the Platform Products/Services from time to time. Any specific rules displayed separately shall have the same legal effect as this Agreement. If there is any conflict between the specific rules and this Agreement, the specific rules shall prevail. Matters not mentioned in the specific rules shall be governed by this Agreement. Your use of the Platform Products/Services (including download, installation, use, browsing, registration, login, purchase, etc.) (hereinafter referred to as "use") means that you agree to this Agreement and (if applicable) the relevant specific rules. If you do not agree to accept this Agreement and the relevant specific rules, please do not use the relevant Fengshows Products/Services related to those specific rules.
1.8 隨著本平台產品/服務的更新與發展，閣下在使用本平台產品/服務時，可能會涉及由第三方提供相關服務（如第三方支付工具及/或其他第三方軟件等），詳情參閱《隱私政策》。閣下理解並同意，如閣下因使用第三方服務/軟件而與第三方直接建立了合同關係（如適用）（例如，閣下與第三方支付工具簽署第三方用戶服務協議等），除法律另有規定外，我們不對閣下與該等第三方之間協議所產生的糾紛或風險承擔任何責任。 我們善意提醒閣下，在閣下接受/使用第三方的服務/軟件前，請審慎閱讀與該第三方之間的用戶服務協議、隱私政策及其他法律文件等。
If you have any doubts or queries regarding the terms of this Agreement (except for legal consultation), you may contact Fengshows through the methods provided under Article 14 of this Agreement, and to the extent permissible, we will provide you with answers as soon as possible.
Fengshows Products/Services refer to the products and services that Fengshows provides to Users through this Platform, including but not limited to the products and services in relation to online media, internet value-added, interactive entertainment, financial payment, advertising, reviews, subscriptions, shopping etc. Specific products/services shall be referred to those actually provided by this Platform. Fengshows has the right to upgrade or make adjustments to the forms of Fengshows Products/Services provided by it, and may update the webpage from time to time.
Fengshows Products/Services shall only be used on this Platform. Any Fengshows Products/Services separated from this Platform by illegal means such as malicious cracking, those products/services will not form part of the Fengshows Products /Services as agreed in this Agreement. The relevant perpetrator shall be responsible for all legal consequences resulted from that. Fengshows will pursue and take appropriate legal actions against such perpetrator in accordance with the applicable laws.
Fengshows only provides technical support related to Fengshows Products/Services. Other than that, the equipment related to the relevant network services (such as personal computers, mobile phones and other relevant devices for accessing to internet or mobile network, etc.) and the required fees (such as the telephone fee and internet fee for accessing the internet, and the mobile phone fee for using the mobile network, etc.) shall be borne by you.
3.1閣下在申請註冊使用鳳凰秀產品/服務時或使用過程中，可能需要填写一些必要的資料。若適用法律法規有特殊規定的，閣下需提供合法、真實、準確、有效的個人資料。若閣下填寫的資訊不完整或不準確，则可能無法使用鳳凰秀產品/服務或在使用过程中受到限制。 在閣下提供任何個人資料給鳳凰秀之前，閣下需確保閣下 詳細閱讀並了解《隱私政策》。如相關資料有任何更改，閣下須及時在用戶系統更新資料或通知鳳凰秀。
3.2 閣下不得冒用或使用他人的身份或手機號碼、第三方平台賬號等注册鳳凰秀賬號。 如果因注册資料不真實或無效或冒用行為等導致的賬號糾紛或引發的相關問題，鳳凰秀不負任何責任。同時，鳳凰秀有權選擇根據實際情況暫時停封或永久停封 有關賬號。
You shall not misappropriate or use the identity or the mobile number of other person, or platform account of third-party etc. to register Fengshows account. Fengshows will not be held responsible for account disputes or related problems caused by untrue or invalid registration information or fraudulent use. At the same time, Fengshows has the right to temporarily suspend or permanently suspend the relevant account according to the actual situation.
3.3 閣下僅可自行在本平台的官方通道注册成為本平台註冊用戶。任何通過其他非鳳凰秀官方途徑獲得的鳳凰秀賬號資訊（包括但不限於購買、租用、借用、與或從未經授權第三方分享等管道獲得的鳳凰秀賬號資訊，以及惡意利用或未經授權篡改鳳凰秀注册系統獲得的註冊賬號），鳳凰秀不保證其合法性和正常使用性，由此導致賬號被臨時停封、永久停封、注銷或收回的， 閣下自行承擔全部責任。
You can only register as a registered user of this Platform through the official channel of this Platform. Any Fengshows account information obtained through other non-official channels (including but not limited to the Fengshows account information obtained through purchase, rental, borrowing, sharing with or from unauthorized third parties’ channels, etc., and the registered account obtained through malicious use or unauthorized tampering of the Fengshows registration system), Fengshows does not guarantee its legitimacy nor normal use. If the account is temporarily suspended, permanently suspended, cancelled or withdrawn due to the above reasons, you shall bear all the liabilities.
3.4 若相關適用法律法規有特殊規定的，閣下應當通過真實身份資料認證註冊本平台賬號，且閣下提交的賬號名稱、頭像和簡介等注册資料中不得出現違法及/或意識不良資料，鳳凰秀有權對上述資料及閣下的真實身份予以審查，如存在上述違規情况，鳳凰秀有權不予注册。 已經注册的，如發現閣下以虛假資料騙取賬號注册，或其賬號頭像、簡介等注册資料存在違法 及/或意識不良資料的，鳳凰秀有權不經預先通知單方對上述賬號立即採取行動包括但不限於要求閣下 於與鳳凰秀所定的限期前改正、及/或臨時停封、永久停封、註銷登記或收回有關賬號等措施。
To the extent required by the applicable laws and regulations, you shall register the Platform account through authentic identity. The account name, avatar, profile and other registration details submitted by you shall not contain any illegal or indecent materials. Fengshows shall have the right to verify the above details. If the above violation exists, Fengshows reserves the right not to allow registration. If you have already registered and if it is discovered that you have fraudulently obtained an account registration with false information, or your account picture, profile and other registration details contain illegal and/or indecent materials, Fengshows has the right to, without giving prior notice, take such actions including, but not limited to, requiring you to make rectification within the timeframe as prescribed by Fengshows and/or temporarily suspend, permanently suspend, cancel registration or withdraw the account etc.
3.5 閣下不得通過任何手段惡意注册鳳凰秀賬號（包括但不限於使用無效手機號、使用他人身份等惡意注册, 或在或從一些法律不允許的司法管轄區，非法下載鳳凰秀應用程式（和/或平台軟件）或創建鳳凰秀帳戶（無論是否有用其他第三方的硬件或軟件協助））或利用鳳凰秀賬號進行違法活動、搗亂、騷擾、欺騙其他用戶以及其他違反本協議的行為， 鳳凰秀有權對上述賬號永久停封、註銷登記、收回等措施，任何由此造成的損失或法律後果，由閣下自行承擔。同時，鳳凰秀有權將上述行為報相關執法部門處理。
You shall not register a Fengshows account by any malicious mean (including but not limited to malicious registration by using invalid mobile phone number, using other people’s identity etc. or unlawfully download Fengshows App (and/or software of the Platform) or create a Fengshows account (whether with or without any assistance of hardware or software of other third parties) in or from a jurisdiction where such download or creation is not legally permitted or use Fengshows account to conduct illegal activities, disruption, harassment, deceive other Users and commit other violations of this Agreement. Fengshows has the right to permanently suspend, deregister, or withdraw the said account. Any losses or legal consequence caused by this shall be borne by you. At the same time, Fengshows has the right to refer the case to the relevant law enforcement department(s).
3.6 閣下知悉並同意，鳳凰秀賬號所有權歸鳳凰秀所有，閣下僅擁有鳳凰秀賬號的有限使用權。閣下需對閣下享有使用權的賬號下所從事的所有行為承擔責任，閣下應妥善保管自己的賬號、密碼，不得將鳳凰秀賬號轉讓、出借、出租、售賣或分享予他人使用等。否則鳳凰秀有權選擇根據實際情況暫時停封、永久停封、註銷登記或收回此賬號。 如果用戶是在監護人參與下完成用戶註冊/登錄的不具備完全民事權利能力或完全民事行為能力的自然人，用戶的監護人需 為在該用戶名下所發生的一切行為負責。當閣下發現閣下的賬號或密碼遭到未經授權的使用時，閣下應當立即通過本協議第14條所述方式通知鳳凰秀，否則未經授權的使用行為均視為閣下本人的行為。鳳凰秀為了保障閣下的賬號安全可能會定期或不定期採用不同的管道對閣下的身份進行驗證，包括但不限於要求輸入驗證碼、短消息驗證、郵箱認證等。如閣下無法完成驗證或拒絕驗證的，鳳凰秀可合理懷疑閣下的賬號出現異常或被盜，並暫停向閣下提供產品/服務及/或採取進一步措施。
You acknowledge and agree that, the ownership of the Fengshows account is owned by the Fengshows. You only have the limited rights to use the Fengshows account. You shall be responsible for all actions undertaken under the account that you have right to use it. You shall properly keep your account and password, and shall not transfer, lend, rent, sell or share the Fengshows account for use with others. Fengshows has the right to choose to temporarily suspend, permanently cancel, deregister or withdraw this account in accordance with the actual situation. If the User is a natural person who does not have full capacity for civil rights or full capacity for civil conduct and completes User registration/login with the participation of the guardian, the User's guardian shall be required to be responsible for all actions that occur under the User's name. If you are aware that your account or password is being used without authorization, you shall immediately notify Fengshows via the means stated in Article 14 of this Agreement. Otherwise unauthorized use will be deemed as your own acts. In order to protect the security of your account, Fengshows may use different ways to verify your identity on a regular or irregular basis, including but not limited to, requiring verification code, short message verification, email verification, etc. If you are unable to complete the verification or refuse to verify, Fengshows may reasonably suspect that your account is abnormal or stolen, and suspend provision of products/services to you and/or take further measures.
If your account information is lost due to the reasons not attributable to Fengshows and if you need to retrieve the same, you shall provide the corresponding information and certification in accordance with the requirements of the account recovery process officially announced by Fengshows, You shall also ensure that the information and certification files provided are legal, true and effective. If the information provided is untrue or does not fulfill the requirements, the security verification of the Fengshows account may not be passed and the account recovery may fail. The corresponding risks and losses will be borne by you.
3.8 閣下有權註銷閣下的賬號，閣下可以通過本協議第14條與我們聯繫或按有關產品/服務具體頁面展示的註銷流程申請註銷 閣下的賬號（法律法規另有規定的或本協議另有約定的除外）。
You have the right to cancel your account. You can contact us through Article 14 of this Agreement or apply for the cancellation of your account according to the cancellation process displayed on the specific page of the relevant product/service (except as otherwise provided by laws and regulations or otherwise agreed in this Agreement).
3.9 出於維護正常運營所必須，閣下 知悉並同意鳳凰秀有權不作預先通知對連續六個月未使用的鳳凰秀賬號、通過非法管道獲取鳳凰秀賬號和違反本協議的鳳凰秀賬號進行永久註銷或收回 。如閣下希望繼續使用本平台產品/服務，請閣下通過本協議第14條所述方式與我們聯繫。
For the maintenance of normal operations, you acknowledge and agree that Fengshows has the right to, without further notice to you, permanently cancel or withdraw those Fengshows accounts that have not been used for six consecutive months, have been obtained through illegal channels or the Users have violated this Agreement. If you wish to continue to use the Platform Products/Services, please contact us through the methods described in Article 14 of this Agreement.
3.10 閣下應當通過鳳凰秀提供或認可的方式使用鳳凰秀產品/服務，不得通過任何第三方軟體、外掛程式、外掛系統、設備等登錄或使用 (包括但不限於查看、獲取鳳凰秀、鳳凰秀合作夥伴或其他使用者的任何資訊、資料等)本平台。
You shall use Fengshows Products/Services in such way as provided or approved by Fengshows, and shall not log in or use (including but not limited to view and obtain any relevant information, data, etc., of Fengshows, its partners or other Users) .this Platform through any third-party software, plug-ins software, plug-ins systems, equipment, etc.
You may only use the Platform Products/Services within the scope of this Agreement and as expressly authorized by us. During the use of the Platform Products/Services, you shall have the following rights:
In accordance with this Agreement, to use the Platform Products/Services and provide us with comments and suggestions related to the Platform Products/Services at any time to help us improve our services to you. If you have any questions or dissatisfaction, you can contact us in accordance with the methods described in Article 14 of this Agreement, and we will provide with answer as soon as reasonably possible.
to consult us about the Platform Products/Services (except for legal consultation) and have the right to obtain our reasonable technical support, but the aforementioned consultation or support obligations should not exceed our reasonable tolerance limit.
According to the terms and rules of this Agreement, within the scope of our permission, to upload and publish corresponding pictures, comments and other content in the business scenarios that may exist at the current or future stage of the service provided that you shall comply with your obligations as set out under Articles 4.1.3 and 4.2 of this Agreement.
The rights you obtain in accordance with the terms of this Agreement are not transferable.
Your uploads (including but not limited to the subject line or synopsis of the contents) must not contain advertisements or other commercial information, and you are not allowed to upload contents containing:
(1) violations of laws and regulations; (2) violation of good customs; (3) infringement of intellectual property rights and other rights and interests of us and/or third parties; (4) content that is defamatory, sexually harassing, racially discriminatory, or has a negative impact on minors; (5) content that may cause harm to our or anyone's computer system, such as viruses; and (6) other inappropriate contents.
4.1.4 如閣下上傳的內容涉嫌違反上述4.1.3條，無論是否經第三方舉報、通知，我們有權作出獨立判斷，可不經通知單方採取拒絕 閣下上傳、直接屏蔽、刪除相關信息、封禁賬號等措施。閣下應自行承擔以上導致的一切不利後果，我們不承擔因 閣下自身違反法律法規行為而造成的損失。如因閣下的行為給我們造成不利後果的，閣下 應負責消除影響，並且賠償我們因此遭受的一切損失，包括但不限於財產損害賠償、名譽損害賠償、合理律師費、交通費等因維權而產生的費用。
If the contents uploaded by you are suspected of violating Article 4.1.3 above, we have the right to make an independent judgment regardless of whether it has been reported or notified by a third party, and may unilaterally adopt measures like refusing your uploads, directly blocking or deleting the relevant contents without notification and banning your accounts, etc. You should bear all the adverse consequences caused by the above, and we will not be responsible for the losses caused by your own violation of laws and regulations. If your actions result in adverse consequences to us, you shall be responsible for eliminating the impact and compensating us for all losses suffered as a result, including but not limited to, economic damages, reputational damages, reasonable attorney fees, transportation expenses, etc. arising from the protection of rights.
4.1.5閣下知悉並同意，我們有權對閣下上傳的內容進行存儲。閣下理解並知悉，如閣下 上傳的內容超過合理存儲期限、我們的存儲量或存在涉嫌違法違規等情況，我們有權對 閣下上傳的內容進行刪除，如因此等刪除行為給 閣下造成了影響，我們不承擔任何責任。我們善意地提醒閣下，如果閣下 上傳的內容對閣下特別重要，請閣下及時自行備份，以免閣下造成不必要的損失。
You acknowledge and agree that we have the right to store the contents uploaded by you. You understand and acknowledge that if the contents uploaded by you exceeds the reasonable storage period, our storage limit or there are suspected violations of laws and regulations, we have the right to delete the contents you uploaded, and we do not assume any responsibility if such deletion affects you. We kindly remind you that if the contents uploaded by you is particularly important to you, please make your own backups in a timely manner to avoid unnecessary losses.
4.2.1閣下 在使用鳳凰秀的產品/服務過程中，應遵守所有適用的憲法、法律、法規；應遵守公共秩序，尊重社會公德，不得危害網路安全，不得利用網絡從事危害國家安全、榮譽和利益，煽動顛覆國家政權、推翻社會主義制度，煽動分裂國家、破壞國家統一，宣揚恐怖主義、極端主義，宣揚民族仇恨、民族歧視，傳播暴力、淫穢色情資訊，編造、傳播虛假資訊擾亂經濟秩序和社會秩序，以及侵害他人名譽、隱私、知識產權和其他合法權益等活動。在任何情况下，鳳凰秀一旦合理地認為 閣下存在任何上述行為的，可以在任何時候，不經事先通知終止向閣下提供產品/服務。
When you use Fengshows Products/Services, you shall comply with all applicable constitutions, laws, and regulations. You shall comply with public order, respect social ethics and shall not endanger internet security, use the internet to endanger national security, honor and interests, incite subversion of state power, overthrow the socialist system, incite secession, undermine national unity, advocate terrorism and extremism, advocate racial hatred, racial discrimination, promote violence, obscene and pornographic materials, fabricate and disseminate false information to disrupt economic order and social order, nor infringe others’ reputation, privacy, intellectual property rights and other legitimate rights and interests etc. In any case, once Fengshows reasonably believes that you have any of the above behaviors, it may terminate the provision of products/services to you at any time without prior notice.
4.2.2閣下知悉並同意，在使用我們的產品/服務過程中，閣下應遵守中華人民共和國香港特別行政區的法律法規 (及此外，在適用的範圍內，閣下所居住或所在的司法管轄地區的其他適用法律法規 ) 及不得從事以下行為：
You acknowledge and agree that during the usage of our products/services, you are required to comply with the laws and regulations of Hong Kong Special Administrative Region of PRC (and in addition, to the extent applicable, other applicable laws and regulations of the jurisdiction where you reside or are situated) and are prohibited from engaging in the following behaviors:
Producing, uploading, reproducing, transmitting and disseminating any of the following contents (including, but not limited to information, data, text, software, music, photos, graphics, information or other data) that are: against the basic principles in the national constitution; endangering national security, leaking state secrets; subverting state power; undermining national unity, sovereignty and territorial integrity; undermining national unity, damaging national honor and interests; inciting racial hatred, racial discrimination; undermining racial unity, or infringing national customs and habits, undermining national religious policies, promoting cults and feudal superstition, disrupting social order, undermining social stability, disseminating obscenity, pornography, gambling, violence, homicide, terror or instigate crime; insulting or slandering others, infringing lawful rights and interests of others; endangering social ethics, damaging the national excellence, cultural traditions; violating laws, administrative regulations, departmental rules and regulations; or issuing other objectionable contents;
Harmful acts to minors through any means;
Falsifying the identity of other person or organization, or falsely/dishonestly claiming or causing people to mistakenly believe that one person or organization is associated with other unrelated person or organization;
Falsifying the title or manipulating the identification data through other channels to cause people mistakenly believe that the content is transmitted by Fengshows;
Uploading, posting, sending email or through other channels transmitting those contents which are not authorized to transmit (such as internal information, confidential information of other persons or organizations) ;
Uploading, posting, sending email or via other channels transmitting the contents that infringe any patent, trademark, copyright, trade secret or other exclusive rights of other persons or organizations;
Uploading, posting, sending email or transmitting the advertising mails, promotional materials, "spam", etc. through other channels (unless the same is conducted in the designated area/location of the Platform);
Conducting those acts which endanger cybersecurity such as stalking or using other channels to harass others, illegally invade others’ networks, interfering with the normal functions of others’ networks, stealing network data, etc.;
Providing others with internet programs and tools that endanger network as internet programs and tools are specifically used for invading the network, interfering with the normal functions and protective measures of the network, stealing network data, or knowingly assist those who are engaged in activities that endanger network security, and providing such persons with technical support, advertising promotion, payment and settlement, etc.;
Using the Platform Products/Service to set up websites and communication groups that are used to perpetrate fraud, teach how to do something illegal, make or sell prohibited items, restricted items, or using this Platform to publish the information involving the perpetration of fraud, producing or selling prohibited items, restricted items, and other illegal activities;
Uploading, posting, sending email or transmitting via other means software viruses or other computer codes, files and programs that will interfere with, destroy or restrict the functions of any computer software, hardware or communication equipment;
Interfering with or destroying Fengshows Products / Services and/or servers or networks connected to Fengshows Products/Services, or failing to comply with the provisions of this Agreement;
Violating any relevant applicable laws, regulations, rules, regulations and other legally binding norms whether intentionally or unintentionally.
4.2.3 閣下對其利用鳳凰秀産品/服務製作、上傳、發佈、傳播的符號、文字、圖片、音訊、視頻等內容的行為 (統稱 “閣下所發佈的內容”) ，獨立完整地承擔法律和經濟責任，如閣下所發佈的內容造成鳳凰秀損失的，還應向鳳凰秀承擔賠償責任，包括且不限於經 濟損害賠償、名譽損害賠償、合理律師費、交通費及其他因維權而產生的費用等。同時：
You will independently and completely assume both legal and financial responsibilities for the symbols, texts, pictures, audios, videos and other contents produced, uploaded, published, and disseminated by you (collectively “Your Published Contents”) through using of Fengshows Products/Services. If Your Published Contents cause any losses to Fengshows, you shall compensate Fengshows accordingly, including but not limited to economic damage compensation, reputational damage compensation, reasonable attorney fees, transportation expenses, and other expenses incurred due to protection of Fengshow’s rights. At the same time:
In order to maintain legal and regulatory compliance and related standards, protect the legitimate rights and interests of others, and maintain the credibility and safety of Fengshows, Fengshows has the right to directly delete the Your Published Contents in issue without giving you prior notice.
Depending on the seriousness of the situations, Fengshows has the right to temporarily or permanently suspend or even cancel your account registration, deduct or clear all your accrued points (if applicable), prohibit your use of Fengshows Products/Services to produce, upload, publish and disseminate symbols, texts, pictures, audios, videos and other contents, etc.
You acknowledge and agree that our backend system will record all your violations of laws and regulations, violations of this Agreement, infringement of our or other third-parties’ rights and interests, and may submit them to relevant departments as evidence. You are responsible for all actions under your account, including any contents you upload, send, or transmit and any consequences arising therefrom.
4.2.5 閣下不得利用本平台賬號、積分、平台產品/服務，進行任何倒賣、轉手、置換、抵押、有價交易等管道非法或未經許可的牟利活動，一經發現，鳳凰秀有權嚴肅處理，包括但不限於：在不予以任何預先通知或賠償的情況下, 取消您帳戶中的累積積分(如適用), 及/或封號或註銷帳戶註冊等。
You are not allowed to use this Platform account, points, or the Platform Products/ Services for any illegal or unauthorized profit-making activities such as re-sale, transfer, barter exchange, pledge or other transactions for value. Once it is discovered, Fengshows has the right to deal with it seriously, including but not limited to, freezing and cancellation of the accrued points (if applicable) in your account and/or banning or canceling your account registration etc without giving you prior notice or any compensation to you.
You shall guarantee that you will not use the Fengshows Products/Services and/or its derivative services to infringe the legitimate rights and interests of Fengshows and others. You are prohibited from using network loopholes, malware or other illegal means to disrupt or attempt to disrupt the normal operation of this Platform, stealing or misappropriating other people’s accounts and properties of the accounts, infringing legal and intellectual property rights of other persons or organizations. Violation of the above will entitle Fengshows to freeze or ban your user account depending on the seriousness of the circumstances. If a crime is committed, Fengshows shall have the right to report the matter to the law enforcement departments for handling.
4.2.7 閣下知悉並同意鳳凰秀在本平台或為本平台可使用第三方付款工具或處理者進行網上交易。鳳凰秀可能根據其絕對酌情權不時更改該等付款工具或付款處理者和其所關連的付款方式而不另行通知閣下。 基於閣下的單獨同意，我們將根據《隱私政策》將閣下的信用卡資料 （包括但不限於閣下的姓名和信用卡號碼）提供給上述第三方付款處理者作交易及保留目的。閣下同意閣下全權承擔因進行該等網上交易而招致或蒙受的所有損失和/或損害。 鳳凰秀在任何情況下均不會對該等損失和/或損害承擔任何責任。
Under this Agreement, unless you and Fengshows have agreed otherwise, Fengshows Products/Services are for your personal non-commercial use.
5.1 鳳凰秀非常注重未成年人的保護。鳳凰秀將依賴閣下提供的個人資料來判斷閣下是否為未成年人。若閣下 未滿18周歲或在閣下所居住的國家或地區的法律下被認為是未成年人，閣下 父母其一或法定監護人將負責代表閣下登記及使用賬戶。如違反任何上述約定，我們有權停止向閣下提供鳳凰秀產品/服務及賬戶可被暫時或永久停封或註銷。
Fengshows pays great attention to the protection of minors. Fengshows will rely on the personal information you provide to determine whether or not you are a minor. If you are under the age of 18 or are considered as a minor under the laws of the country or region where you live, one of your parents or legal guardian shall be responsible to register and use of the account on your behalf. Any violation of this will entitle us to stop providing you with Fengshows Products/Services and temporarily or permanently suspend or cancel the account.
If you are a parent or legal guardian of a minor, you agree that you will bear all legal and financial liabilities as a result of any use of the Platform Products/Services by your minor children via the account you registered.
Parents or guardians shall guide their minor children or their minor children under their guardianship to pay attention to the security issues when they are online. Fengshows Products/Services do not encourage the minor children to have any consumption behaviour when they use Fengshows Products/Services. If there is any consumption, minors shall ask one of their parents or legal guardians to operate together or operate with the explicit consent of one of their parents or legal guardians. Otherwise, they are not allowed to use the consumption services.
5.4 鳳凰秀提醒未成年人的父母或監護人: 未成年人在使用鳳凰秀產品/服務時，閣下應提醒及教導未成年人要善用網上學習，認清網路世界與現實世界的區別，避免沉迷於網絡，影響他們的課堂及學習生活。對於未成年人的隱私保護，鳳凰秀將嚴格按照《隱私政策》中闡述的管道、方法執行。
Rules of Transaction
You agree that you will abide by the following transaction rules during the purchase of Fengshowd Products/Services:
6.1.1 閣下在凤凰秀產品/服務上瀏覽商品/服務信息時，應當仔細閱讀商品/服務信息中包含的全部內容，包括但不限於商品/服務的名稱及如適用，產地、規格、單位、保質期、儲藏方式、食用方法、品牌、數量、價格、配送方式、退換貨方式、退款條件、售後服務等內容，其中閣下 應特別注意商品/服務的退款條件等內容，閣下應在認真閱讀、理解並完全接受商品/服務信息中包含的全部內容後方可點擊購買（或“結算”等類似功能按鍵，下同）。
When you browse the product/service information on Fengshows Products/Services, you should carefully read all the contents contained in the product/service information, including but not limited to the product’s/service’s name and if applicable, origin, specification, unit, shelf life, storage method, consumption method, brand, quantity, price, delivery method, return and exchange method, refund conditions, after-sales service, etc., among which you should pay special attention to the refund conditions of the product/service, and you should carefully read, understand and fully accept all the contents contained in the product/service information before clicking on the purchase (or "checkout" and other similar functions, the same below).
6.1.2. 本平台上所发布的一切商品/服務信息，包括但不限于图片、视频、文字说明，均只作供用户参考，该等商品/服務信息随时都有可能不時由鳳凰秀更改或更新，鳳凰秀页面中的文字表述、图片效果可能被实时修改和调整，对于此类变化和调整，我們可能将不作特别通知。雖則我们将尽合理努力更新商品/服務信息的准确性、及时性、完整性和有效性，但是閣下认同，由于信息复杂、信息量庞大，且受互联网技术发展水平、产品批次和生产供应因素的实时变化等因素的限制，商品/服務信息可能出现滞后、误差或错误在所难免。閣下同意及 确认：一旦閣下通过平台系统提交採購订单，即表明閣下 向我们发出了明确的购买该商品/服務的意向且理解并接受实际商品与平台上顯示的商品/服務信息存在差异的潛在風險，并同意在適用法律許可下不就上述差異追究我们。为最大限度的提高商品/服務信息的准确性、及时性、完整性和有效性，我们有权利对該信息进行不间断的监测、修改或删除，閣下对此表示理解和同意。
All product/service information published on the Platform, including but not limited to pictures, videos, and text descriptions, are for Users’ reference only. Such product/ service information may change or update from time to time by Fengshows. The text descriptions and picture effects on the Fengshows page may be modified and adjusted in real time, and we may not make any special notice for such changes and adjustments. While we will use our reasonable endeavors to update the accuracy, timeliness, completeness and effectiveness of product/service information, you agree that due to the complexity of information, the huge amount of information, and the limitations by factors such as the development level of Internet technology, real-time changes in product batches and production supply factors, it is inevitable that there may be delays, errors or mistakes in the product/ service information. You agree and confirm that once you have submitted an purchase order through the Platform system, it means that you have sent us a clear intention to purchase the product, understand and accept the potential risk of the actual product/service being different from the product/service information displayed on the Platform, and agree not to, to the extent as permitted by the applicable laws, pursue claims against us for such discrepancies. In order to maximize the accuracy, timeliness, completeness and effectiveness of product/service information, we have the right to continuously monitor, modify or delete such information, and you understand and agree to this.
If the product/service information is updated after you have submitted the purchase order through the Platform system, you agree that you shall not be able to cancel the order and/or (to the extent as permitted by the applicable laws) you shall not to claim against us for the discrepancies between the actual product/service provided to you and the original product/service information.
If the product/service information is incorrect due to system or Internet technical problems, we shall have the right, at our absolute discretion, to cancel the relevant order (i.e. to terminate the contract, the same applies below) or to handle it in other ways as the case may be, and do not need to assume any responsibilities other than refunding you the price you have paid.
6.1.5. 我們不對商品/服務能夠滿足閣下的特定需求做任何保證, 及在適用法律許可下，我們在此豁免所有明示或隱含本平台的產品/服務可商售性的保證條款。
We do not make any guarantees that the product/service will meet your specific needs and to the extent as permitted by the applicable law, we hereby exclude all express or implied warranty for merchantability of the products/services offered on the Platform.
When you order Fengshows Products/Services on the Platform, you shall ensure that you have the legal standing and sufficient financial resources to purchase the relevant products/services. If you are under the age of 18, you need to be under the supervision of a guardian to register and use Fengshows Products/Services. When you place an order for Fengshows Products/Services, it is deemed that you have met the above conditions and shall be responsible for the truthfulness of all the information provided by you in respect of the order.
You acknowledge and agree to the following:
Information such as goods/ serivces and prices displayed on Fengshows Products/Services are only invitations to offer. When you place an order, you must fill in (if applicable) the quantity of goods/ services you wish to purchase, price and payment method, consignee, contact information, and delivery address (place of contract performance), method of performance of the contract, etc. At the same time, we reserve the right to limit the maximum number of orders for any products/ services displayed on Fengshows Products/Services.
Before submitting the order, you should read and confirm all the contents of the order again before you click to confirm the order and make payment accordingly. By submitting the order, you are deemed to have known, agreed and accepted all the terms of the order, and you have entered into a contractual relationship with the product/service provider (if applicable) which cannot be modified.
If a pre-order product is launched on the Fengshows Products/Services, the User may be required to pay a certain amount of deposit and submit the order according to the relevant reservation rules of the system. We may decide whether to accept the order according to the actual situation. If we accept the order, we will notify you for payment of the full amount or, as the case may be, balance of the price after the relevant goods/services are ready for dispatch. You and we both have the right to cancel your reservation before you receive a notice from us asking you to making the full or balance payment. The deposit amount you have paid in the event of cancellation or non-acceptance of the order will be returned to your payment account in full without interest and/or other compensation.
- （4）為了儘量減少庫存成本，閣下承認並同意，我們有時會在收到並確認閣下的訂單之後才採購相關商品及服務的供應。閣下理解並同意，儘管我們會盡商業上的合理努力來確保商品/服務的供應，但由於市場變化和各種非我們所能控制的因素，如改變型號、停止生產或供應缺貨等，閣下的訂單可能有可能無法完成。在此情況下，我們將通知閣下該訂單將被取消。在訂單被取消後，如果閣下已經支付了任何款項，這些款項將被全額返還到閣下的支付帳戶中，而沒有利息和/或其他補償。 在任何情況下，閣下承認並同意，平台上顯示的相關產品/服務的庫存/交貨期資訊（如適用）僅供參考。我們會在收到並確認閣下的訂單後，根據實際情況通知閣下產品/服務的實際或最佳估計交付時間。
In order to minimize inventory costs, you acknowledge and agree that we sometimes may procure the supply of the relevant goods and services only AFTER receipt and confirmation of your order. You understand and agree that although we will use commercially reasonable efforts to ensure the supply of goods/services, due to market changes and various factors that are beyond our control, such as, change of model, cessation of production or supply out of stock, etc., there may be a possibility that your order may not be able to be fulfilled. Under such circumstances, we will notify you that the order will be cancelled. After the order is cancelled, if you have made any payment, such payment will be returned to your payment account in full without interest and/or other compensation. In any case, you acknowledge and agree that the inventory/ lead time information (as applicable) of the relevant products/services displayed on the Platform is for reference only. We will notify you of the actual or best estimated delivery time of the products/ services according to the actual situation after receipt and confirmation of your order.
If the order is rejected, cancelled or not accepted in accordance with the provisions of this Agreement, you agree that Fengshows shall not be liable for any responsibilities other than refund of the exact amount (if any) that you have paid.
- （6）在無損以上的一般文義的情況下，閣下同意並確認，在相關商品/服務未出庫或未提供之前, 若發生以下任何情形，我們有權單方面取消訂單及原路退款(如適用)到閣下的支付賬號，並取消訂單：
Without prejudice to the generality of the foregoings, you agree and confirm that we have the right to unilaterally cancel your order and make refund (if applicable) to your payment account if any of the following situations occurs before the relevant goods/services are shipped out or provided:
Orders are generated through abnormal processes, including but not limited to irregular participation in limited items purchase activities, disrupting order generation procedures with illegal software, etc.;
After the order is generated, if there is a controversy or dispute over the ownership of the User's account, the parties cannot resolve the relevant dispute, and we have reasonable supporting to cancel the order;
After the order is generated, you notify us that the relevant transaction was not authorized by you with supporting evidence;
After the order is generated, there is reasonable evidence to make us believe that there may be illegal dealings involved in the placement of the relevant order;
Your account has violated the limited items purchase restrictions (if any, for example, every User shall only place not more than one order for the relevant limited item) or we have reasons to believe that you have tried to circumvent such restrictions by using multiple User accounts;
Other situations in which we believe that you have violate the terms of this Agreement and/or the specific rules as defined under Article 1.7.
In order to facilitate Users to purchase Fengshows Products/Services, we will announce the price thereof in the corresponding position of the system. All quoted prices are taxes inclusive (if applicable), however, delivery cost will be charged separately. The actual settlement of delivery cost shall be subject to the specific terms and our instructions. Due to market changes or competition, product/service prices may be changed from time to time. The price of the product/service ordered by the User shall be based on the one set at the time when the User places the order.
Although we will use our reasonable endeavors to ensure the accuracy of all quoted prices, there may still be instances where the prices of some products/services are incorrectly stated. After receipt the order, if we discover that there is a manifest error or material defect on the price of the product/service being ordered or in the order itself , the User agrees that we may deal with the relevant issue in the following ways:
If the correct price of the product/service ordered by the User (based on our update of the price of the relevant product/service, the same applies below) is lower than the incorrect price, we have the right to continue to carry out the order and if the User has already paid the incorrect price or an amount that is higher than the correct price, such surplus amount will be refunded to your payment account in full without interest.
If the correct price of the product/service ordered by the User is higher than the incorrect price, we have the right to unilaterally correct or withdraw the incorrect information and/or cancel the order. After the order is cancelled, if you have made any payment, such payment will be returned to your payment account in full without interest and/or other compensation. You may reorder the product/service based on the correct price.
Before placing the order, the User should understand and choose the method of delivery. If you select direct delivery to your address, it means that you have authorized us, at the same time when the order is placed, to arrange delivery on your behalf of . We will find and entrust third parties such as logistics companies to deliver the products to you. If you select to pick up the product at the specific self-pickup location, it means that you have authorized us to deliver the ordered goods to our offline stores, cooperative stores, or designated self-pick up locations (collectively “Self-pickup Point”), and you may collect them by yourself within the designated period of time. We will not be responsible for any consequences such as delivery failure, loss of or damage to product due to User’s failure to pick up the product at the Self-pickup Point within the designated period of time. If because of User’s failure to pick up the product at the Self-pickup Point within the designated period of time, additional storage fee is incurred or a fresh delivery is required, User needs to bear such relevant additional costs.
Transfer of Risk
Regardless of the delivery method you choose, ownership of the products and the associated risks will be transferred to you once the products leave our warehouse, and are passed to the logistics company (or its staff) engaged by us or (if applicable) the Self-pickup Points.
Receipt information and delivery time
In order to deliver the products expeditiously and accurately, you would be required to provide the detailed and accurate information such as the recipient’s name, the recipient's phone number, and the delivery address, and keep the communication channel open. We will arrange the delivery of the products based on the recipient’s information you provide and any additional reasonable information that you fill in the remarks column (if applicable). If you are not the recipient, the behavior of the recipient will be deemed as the behavior of yours, and both the recipient and you shall be jointly and severally liable.
After the order is generated, the address, phone number, recipient and other information of the order cannot be changed or modified. If due to any inaccuracy of information concerning the recipient’s name, recipient’s phone number, delivery address etc, the products are delivered to person who is not your intended recipient, you shall be responsible for the losses caused thereby.
The delivery time provided by us in respect of Fengshows Products/Services is the general delivery time, which shall only be used as a reference by the Users for considering ordering the products and by no means represents the actual delivery time as committed by Fengshows.
Without prejudice to the General Disclaimer under Clause 11 below, we shall not be liable for any delay in delivery or failure to deliver due to the following circumstances:
In the event of force majeure or change of situation, such as: natural disasters, traffic martial law, riots, sudden wars, city or area lockdown to contain spread of pandemic etc.;
The information provided by the User is incorrect, outdated, missing, unable to be contacted effectively, or the recipient or delivery address cannot be ascertained based on the information provided by the User and other reasons attributable to the User;
If receipt acknowledgement is required, no one sign for acknowledgement of receipt after the product has arrived at the delivery address;
Failure to get in touch with the recipient after several attempts within two consecutive days, such as the recipient's phone is continuously switched off or unanswered;
Delay in delivery due to network failure, system failure, system overhaul, maintenance or upgrade;
Delay in delivery due to long distances or inconvenient transportation;
Delay or failure in delivery due to the special requirements of the User.
In the event of (1) to (4) above, we have the right to cancel the order directly.
Inspection and Rejection
When the User receives the products, they should check them in the presence of the delivery personnel. The scope of checking may include whether the type, specification, quantity (including the smallest packaging unit of the goods), amount, gift, appearance, packaging, etc. are consistent with the order. User shall only acknowledge receipt after the above matters are checked and in order. If the User discovers any issue with any of the above matters during the inspection, he shall have the right to refuse the acceptance and/or contact our customer service for assistance.
After the User receives the products, we will no longer assume any responsibility and obligation for the problems arising from any of the above matters.
Refunds of the amount paid by User will be arranged in a timely manner in respect of the rejected order after we have confirmed the amount that is subject to refund.
If the User authorizes others to acknowledge receipt for and on his behalf, he shall also inform the authorized person of the relevant provisions including the above-mentioned terms and conditions, so that the authorized person can fulfill the same inspection duty. The User shall be responsible for all the actions (or, as the case may be, non-actions) of the authorized person and the consequences thereof.
You confirm that, unless otherwise provided by the applicable laws and regulations, the seven-day without cause return policy offered by Fengshows will not be applicable to the following products:
Perishable products, or products that are likely to affect personal safety or life and health after unpacking, or products that are likely to change in quality after unpacking;
Products whose value will be materially depreciated after activation or trial;
Products that are close to the best-before/ expiration date or products with defects that have been expressly stated at the time of sale;
Other products that are not subject to seven-day without cause return policy as expressly provided by the applicable laws and regulations and/or the specific rules issued by us.
We will provide Users with after-sales service of products in accordance with the requirements of laws and regulations to ensure the legitimate rights and interests of Users as consumers.
If we have specific rules on after-sales service, the after-sales service shall be dealt with in accordance with such specific rules, otherwise it shall be dealt with in accordance with the provisions of this clause.
Advertising, third-party links
7.1閣下同意鳳凰秀在提供本平台產品/服務的過程中可能以各種管道投放商業性廣告或其他任何類型的商業資訊或宣傳（包括但不限於在本平台的任何位置上及在閣下上傳、傳播的內容中投放廣告）。閣下 亦同意鳳凰秀在征得閣下同意後通過手機短信、電子郵件或其他管道向閣下 發送商品直接促銷或其他相關商業資訊。如閣下不希望接收這些信息，閣下 可以通過手機短信中提供的退訂方式進行退訂，也可以依據本協議第14條所述方式直接與我們聯繫進行退訂。
You agree that Fengshows may use various channels to place commercial advertisements or any other types of commercial information or advertising in the process of providing products and/or services (including but not limited to placing advertisements in any location on the Platform, and in the contents you have uploaded and disseminated) . You also agree to accept that Fengshows will send you direct marketing materials or other relevant business news through mobile phone messages, emails or other channels after obtaining your consent. If you do not wish to receive such information, you may unsubscribe via the unsubscribe method provided in the text message on your cell phone or you may contact us directly to unsubscribe in the manner described in Article 14 of this Agreement.
Fengshows reserves the right to display advertisements and advertisement links through relevant pages and change its channels and scope without giving prior notice to you. You may not modify, remove or obscure these advertisements in any channel.
7.3 鳳凰秀的產品/服務可能會與其他國際互聯網網站或資源進行連結。鳳凰秀會依照適用法律規定對相關的廣告商履行相關義務，但閣下 知悉並同意，這些廣告商和廣告內容非由鳳凰秀控制，閣下對廣告資訊應審慎判斷其真實性、可靠性。閣下 通過使用鳳凰秀產品/服務與廣告商進行任何形式的行為或產生任何形式的糾紛，由閣下 自行負責、承擔成本與解决，除法律規定由相關廣告發佈者承擔的責任(如有)外，鳳凰秀不承擔任何額外責任，但根據需要會向閣下依適用法律提供合理的協助。
Fengshows Products/Services may be linked to other internet websites or resources. Fengshows will perform relevant obligations towards the relevant advertisers in accordance with the applicable laws. But you acknowledge and agree that these advertisers and advertisement contents are not controlled by Fengshows. You shall carefully judge the authenticity and reliability of the advertisement information. If you conduct an act in any form or have disputes with advertisers through the use of Fengshows Products / Services, you are solely responsible for it and may resolve them at your own cost. Except for the liabilities, if any, to be borne as publisher of the relevant advertisement as imposed by law, Fengshows will not bear any additional liabilities, but will provide you with reasonable assistance in accordance with the applicable laws as required.
User Personal Information Protection
All intellectual property rights of Fengshows Products/Services and the software, website pages, interaction elements, logos, trademarks, graphics, text, sound, audio, videos, portraits, pictures, technology, materials, etc. that belong to Fengshows shall be protected by international copyright conventions, applicable local copyright laws, patent laws, and other intellectual property laws and regulations. "Intellectual property rights" includes any and all rights, any and all other ownership, and any and all applications, updates, extensions and restorations in the patent law, copyright law, trademark law, anti-unfair competition law and other laws.
You shall not modify, adapt nor translate the software, technology, materials or derivative works used in the services of the Platform. You shall not obtain its original program through reverse engineering, decompilation, disassembly or other similar acts Otherwise, you shall be responsible for all the legal consequences caused by such unauthorized acts. Fengshows will pursue the legal action against you if you are in breach of this Agreement or the applicable laws.
You can only use the Fengshows Products/Services within the scope of this Agreement and as expressly authorized by Fengshows. Without the prior written permission of Fengshows, you may not use it for any profit or non-profit purpose, including but not limited to modifying, copying, disseminating, transmitting, distributing, transferring, selling, renting, through any automatic program, script, software or device (such as robot, crawler, spider, etc.) to operate or use in any other way the software, technology, data and product/service content or any part thereof used by Fengshows Products/Services, or use the Platform Product/Services whether in whole or in part for provision of products/services to any third party and you may not create or make derivative products or derivatives related to these contents. Otherwise, you will be solely responsible for all damages to Fengshows or others caused thereby.
You are not allowed to delete, cover up or change the statement of copyright, trademark or other rights of Fengshows without its prior written authorization. All design drawings and other drawings, names of products and service of Fengshows are trademarks and logos owned by Fengshows and/or its Affiliates (as defined below). No one may use, copy or use them for other purposes.
You are not allowed to modify, rent, distribute, reprint or create any derivatives from the contents transmitted by the products/services through this Platform without the expressed prior authorization from Fengshows. Fengshows will enjoy the full intellectual property rights for its self-made content and other exclusive content obtained through authorization or third party license. Without the prior written permission of Fengshows, organization and individual shall not republish, disseminate nor provide viewing services or engage in other acts that infringe the intellectual property rights of Fengshows and/or its authorizers. Fengshow reserves all right to pursue legal action against any infringement or suspected infringement.
9.6 閣下在使用鳳凰秀產品/服務的過程中可能需要下載本平台的軟件，對於該軟件，鳳凰秀僅授予閣下可撤銷的、有限的、不可轉讓及非排他性的許可。閣下僅可為個人, 非商業目的訪問/使用鳳凰秀產品/服務而使用軟件。
You may need to download the software of this Platform when you use the Fengshows Products/Services. Fengshows only grants you a revocable, limited, non-transferable and non-exclusive license of such software. You can only use such software for personal, non-commercial access/use of Fengshow Products/Services.
The intellectual property rights owned and enjoyed by Fengshows will not be transferred due to any use by you.
9.8 本平台某些服務容許閣下上載、提交、儲存、傳送或接收內容。只要該作品來自閣下或相關版權擁有人，閣下及/或原始版權擁有人將保留擁有該等內容的知識產權。 請閣下注意，因閣下 通過鳳凰秀上傳、提交、存儲或發佈的任何內容導致的知識產權侵權問題，閣下將承擔全部責任；如鳳凰秀有限公司及關聯方(定義如下)，或授權的其他服務提供方因閣下的行為及/或侵犯了第三方知識產權維權而產生法律責任，鳳凰秀有權要求閣下對鳳凰秀、其關聯方或授權服務提供方的所有損失進行全面賠償。閣下同意授權鳳凰秀及其關聯方自行或委託專業第三方獨立保護各自的權利, 並針對有關閣下上傳、提交、存儲或發佈的內容（含衍生作品）的侵權行為進行維權並獲得全部賠償。
Certain services on the Platform allow you to upload, submit, store, transmit or receive content. You and/or the original copyright owner will retain the intellectual property rights in such contents as long as they are originated by you or the relevant copyright owner. Please note that you will be fully responsible for any intellectual property infringement caused by any contents you upload, submit, store or publish through Fengshows; If Fengshows and its Affiliates (as defined below), or other authorized service providers, incur legal liabilities due to your acts and/or infringement of third party intellectual property rights, Fengshows has the right to hold you accountable for all losses to Fengshows, its Affiliates or authorized service providers on a full indemnity basis. You agree to authorize Fengshows and its Affiliates to independently protect their respective rights and obtain full compensation for the infringement of the contents (including derivative works) uploaded, submitted, stored or published by you, whether by themselves or through engagement of professional third party.
9.9 當閣下將內容上載、提交、儲存或傳送到鳳凰秀產品/服務，或在鳳凰秀產品/服務接收內容，或透過鳳凰秀服務進行以上操作時， 閣下將被視為給予鳳凰秀一項全球適用、永久的、免费、可再許可（通過多層次許可）的許可授權 (以下簡稱“許可”)。此一許可允許鳳凰秀(以及鳳凰秀關聯方(定義如下)、繼承公司及合作夥伴)使用、寄存、儲存、複製、出租、修改、翻译、滙編、改編、製作衍生品、傳達、發佈、公開表演、公開展示、分發、放映、廣播、信息網絡傳播、攝製該等內容，使用渠道包括但不限于在本平台、網站、應用程序、軟體其他終端設備等。且鳳凰秀可以通過已知或日後開發的形式、媒體或技術將上述信息納入其它作品內，並有權再許可給其他第三方前述所有權利。即使 閣下巳停止使用鳳凰秀產品/服務，此一許可仍然繼續具有效力。閣下 須負責確保閣下擁有所有必要的權利，能就閣下提交的任何內容授予鳳凰秀此一許可。
When you upload, submit, store, send or receive contents to or through Fengshows Products/Services; or perform the above operations through the Fengshows Products/Services, you will be deemed as giving a worldwide, perpetual, royalty-free, sublicenable (through multi-level authorization) licence (referred to as “Licence”) to Fengshows (and its Affiliates (as defined below), successors and business partners) to use, deposit, store, copy, modify, translate, compile, adapt, produce derivatives, communicate, publish, publicly perform, publicly display, distribute such contents. The channel of usage includes but not limited to the Platform. Even if you have stopped using the Fengshows Products/Service, such Licence will continue to be effective. You are solely responsible to make sure that you have all the necessary rights to grant Fengshows such Licence for any contents you have submitted.
9.10 對於任何侵犯授權內容的行為，我們可能對侵犯授權行為進行維權，維權形式包括但不限於：監測侵權行為、發送維權函、提起訴訟或仲裁、調解、和解等, 不論是以我們的名義或者以閣下的受委託人的名義來自行或委託他人。此種情形下，閣下進一步同意：我們有權對維權事宜做出決策並獨立實施；應我們的要求，閣下 積極向我們的維權行為提供必要的協助（包括但不限於提供維權所需的必要證明文件、資料、信息等）。
You agree that in respect of any infringement of the licensed contents, we may defend against such infringement, including but not limited to, monitoring the infringement, sending a letter of defense, filing a lawsuit or arbitration, mediation, settlement, etc. whether in our own name or as your authorized representative and whether by ourselves or by engaging others to do so. Under such circumstances, you further agree that we have the right to make decisions on and independently enforce our rights; and, upon our request, you actively provide us with the necessary assistance (including, but not limited to, providing the necessary supporting documents, materials, information, etc.) for the enforcement of our rights.
Revision of the Agreement
10.1 閣下理解並同意，為了配合本平台及鳳凰秀產品/服務的任何更新，鳳凰秀可對本協議條款 、具體規則或適用於某項產品或服務之任何附加條款作出不時的修訂。您應定期查閱本協議的條款和細則。 就這些條款的修訂，鳳凰秀將在修訂生效前通過在平台相關位置提示或向閣下 發送電子郵件或其他方式通知閣下。變更並無追溯權。修改後的協議在經過公示期後生效並代替原來的協議。如您不同意變更事項，閣下有權於變更事項確定的生效日前聯繫我們反饋意見。如反饋意見得以採納，我們將酌情調整變更事項。如 閣下 不同意某項服務之修訂條款，請閣下於變更事項確定的生效之日起停止使用有關產品/服務。如果閣下在變更事項生效後仍繼續使用本平台產品/服務，則視為閣下已在這些變更事項生效時同意變更。
You understand and agree that in order to align with any updates to the Platform and Fengshows Products/Services, Fengshows may revise the terms of this Agreement, specific rules or any additional terms applicable to certain products or services from time to time. You shall review the terms and conditions of this Agreement regularly. Regarding the revised terms, Fengshows will notify you by prompting in the relevant position of the platform or sending you an email or other means before the revision takes effect. There is no retrospective right to change. The revised agreement will become effective after the public notice period and will replace the original agreement. If you disagree with the changes, you have the right to contact us with feedback prior to the effective date set for the changes. If the feedback is accepted, we will adjust the changes as appropriate. If you do not agree to the revised terms of a service, please stop using the relevant product or service starting from the effective date of the changes. If you continue to use the Platform Products/Services after the effective date of the revision, you are deemed to have agreed to the changes upon the time when they become effective.
You understand and agree that if there is a change in the operating entity of the relevant Fengshows Products/Services due to asset transfer or reorganization between affiliated companies, Fengshows will notify you by publishing an announcement on the Platform, and have the right to complete the operation entity change and data migration under the condition that your rights and service quality remain unchanged. If you continue to use the relevant Fengshows Products/Services, it is deemed that you have agreed to the aforementioned changes. The changed operating entity will perform this Agreement with you and provide you with the relevant products/services, and the change of the operating entity will not impair your rights and interests under this Agreement.
10.3在不影響下文第12條規定的情況下, 鳳凰秀有權基於正當理由，變更或終止閣下的賬號、密碼或使用本平台產品/服務的權限，或變更、刪除、轉移用戶存儲、上傳在本平台產品/服務的內容。(不論是由我們或閣下) 終止使用本平台產品/服務，不會消除在服務終止前閣下已經累積了的對我們及任何第三方所負的違約責任或任何其他形式的責任。
Without prejudice to Clause 12 below, Fengshows has the right to change or terminate your account, password or permission to use the Platform Products/Services, or change, delete, transfer the content stored or uploaded by the User in the Platform Products/Services based on justifiable reasons. Termination (whether by us or you) of the use of the Platform Products/Services will not extinguish your liability for any of your breach of contract or any other form of liability to us and any third party that has been accrued prior to such termination.
Fengshows Products /Services are provided in accordance with the status quo that can be achieved by current technology and conditions. Fengshows does not warrant that the products and/or services it provides (Including technology and information) are flawless. Fengshows does not make any expressed or implied promises nor guarantees, including but not limited to, contents, function, availability, applicability, quality, stability, accuracy, timeliness, completeness, consistency, security, etc. regarding the provision of the products and/or services. On the other hand, this Platform will be updated from time to time with a view to improving service quality and service level and to provide Users with better user experience.
11.2 為了改善用戶體驗、保證產品、服務的安全性及產品/服務功能的一致性，鳳凰秀可能會對本平台相關軟件不時進行更新。如有這樣的更新, 閣下應在其電訊/電腦設備及系统(為連接本平台)相應更新到最新版本，否則鳳凰秀產品/服務可能無法正常使用。
In order to improve user experience, ensure the safety of products and services and the consistency of product/services functions, Fengshows may update the software related to the Platform from time to time. If there is such update, you shall make corresponding update in your telecommunication/ computer device or system (for access to the Platform) to the latest version. Otherwise, Fengshows Products/Services may not work properly.
11.3 閣下 知悉並同意，受限於寬帶和網絡連接問題，鳳凰秀在提供產品/服務的過程中可能會出現需較長時間緩衝或卡頓或其他類似的情况，此類情况並非鳳凰秀過錯，鳳凰秀無需就此類情况向 閣下承擔責任。且為了减少甚至避免上述情况的出現，從而進一步提升閣下的服務體驗，閣下 確認鳳凰秀可採取一系列科技手段對產品和服務進行優化，包括採取改進鳳凰秀CDN節點分佈調度等提升視頻分發質量的科技措施等。
You understand and agree that due to broadband and network connection issues, Fengshows may take longer time in buffering or there may be lagging or other similar situations in the process of provision of Fengshows Products/Services. Such situations are not the faults of Fengshows. Fengshows will not be required to be liable to you for such situations. In order to reduce or even avoid the occurrence of the above situations and further improve your service experience, you confirm that Fengshows may adopt a series of technological measures to optimize products and services, including adopting scientific and technological measures to improve the network of Fengshows CDN node distribution etc. for improving the quality of video distribution.
Fengshows does not guarantee the following matters (including but not limited to):
11.4.1 鳳凰秀透過本平台提供的網站、用戶端等軟件雖然均已經過鳳凰秀測試，但由於科技本身的局限性，鳳凰秀不能保證其與其他軟硬件、系統完全相容。如果出現不相容的情况， 閣下可將情況報告鳳凰秀，以獲得技術支援 (我們可能只提供合理的技術支持，我們不保證我們提供的支持（如果有）能夠有效地解決問題）。如果無法解决問題，閣下可以選擇卸載、停止使用鳳凰秀產品/服務；
Although the website and User software provided by Fengshows through this Platform have been tested by Fengshows, due to the limitations of the technology, Fengshows is unable to guarantee that it is fully compatible with other software, hardware, and systems. If there is an incompatibility, you may report the situation to Fengshows for obtaining the technical support (we may only provide reasonable technical support and we do not guarantee the support, if any, provided by us could effectively resolve the issue or at all). If the problem is unable to be solved, you may choose to uninstall or stop using Fengshows Products /Services;
11.4.2 使用鳳凰秀服務涉及到互聯網服務，可能會受到各個環節不穩定因素的影響。因不可抗力、駭客攻擊、系統不穩定、網絡中斷、用戶設備關機、通信線路問題等原因，均可能造成鳳凰秀產品/服務中斷或不能滿足 閣下要求的情况。鳳凰秀不保證鳳凰秀產品/服務達到閣下的特定目的、使用或要求；
Use of Fengshows involves internet services and it may be affected by unstable factors of various sections. Due to force majeure, hacking attacks, system instability, network interruption, user’s device shutdown, communication line issues, etc., Fengshows Products/Services may be interrupted or fail to satisfy your requirements. Fengshows does not guarantee that Fengshows Products /Services are suitable for your particular purpose, use or requirements;
11.4.3 由於本平台提供給用戶使用的用戶端等軟件可以通過網絡途徑下載、傳播，因此對於從非本平台指定官方網站或其他授權渠道下載的此類軟件，鳳凰秀無法保證其是否感染電腦病毒、是否隱藏有偽裝的木馬程式等駭客軟件，也不承擔 閣下此類遭受電腦病毒/駭客軟件而致的任何直接或間接損害或損失賠償及其他法律責任；
Since the software provided to the Users for use of this Platform can be downloaded and disseminated through the internet, Fengshows is unable to guarantee that such software, if it is not downloaded from the official websites or other authorized channels designated by this Platform , will not be infected by computer viruses or tainted with the malicious/ hacker software such as Trojan horse programs. Fengshows will not be liable for any direct or indirect damages and other legal liabilities for any damage or loss to you caused by such computer virus or malicious/ hacker software;
Your use of any data downloaded or obtained through Fengshows Products/Services is at your own risk. You shall be fully responsible for any damage to your telecommunication/ computer device or system or loss of data contained therein due to such use.
Certain jurisdictions will require specific guarantees to be provided in specific areas, such as suitability for a specific purpose, implied guarantees of non-infringement, etc. To the extent permitted by law, Fengshows will exclude all such guarantee responsibilities.
11.6 鳳凰秀將不承擔任何直接、間接、附帶、衍生、相應的損失或懲罰性的賠償, 這些損失包括但不限於利潤、商業信譽或資料損失。此外，在適用法律允許的最大範圍內，鳳凰秀對因下列原因（非因鳳凰秀的故意違約或重大過失）造成的任何有形或無形的損失不承擔責任。
Fengshows will not be liable for any direct, indirect, incidental, derivative, consequential losses or punitive damages, which include but not limited to, loss of profit, business reputation or data. In addition, to the greatest extent as permitted by the applicable laws, Fengshows will not be liable for any tangible or intangible losses caused by any of the following reasons (not owing to the willful default or gross negligence of Fengshows):
Use of Fengshows Products /Services or unavailable of the same for use;
Any product, information or service purchased or obtained through Fengshows Products/Services;
Unauthorized use or modification of User information;
Other matters relating to Fengshows Products / Services.
11.7 閣下應妥善保管自己的賬號和密碼，加强密碼安全性，慎防賬號泄露或被盜。因閣下 賬號被泄露或被盜而造成的任何損失，如賬號、賬號內財產等遺失、减少的，鳳凰秀不承擔補償責任。閣下 因電信和網通部門的通訊線路故障、網絡或電腦故障、系統不穩定、不可抗力（如服務器當機）等非鳳凰秀故意失當原因造成賬號、賬號內財產等遺失、减少的，鳳凰秀不承擔補償等責任。
You shall keep your account number and password properly, strengthen password security and guard against account leaks or theft. Fengshows will not be liable for compensation for any losses caused by your account being leaked or stolen, such as the loss or reduction of account or property in the account. If you lose your account or lose or reduce any property in your account not owing to Fengshow’s willful default such as communication line failure, network or computer malfunctions, system instability, force majeure (such as server crash) of the telecommunication and network department, Fengshows will not be liable for compensation.
If you are unable to retrieve your account or property in the account due to lack of identity authentication or untrue authentication information, Fengshows will not bear any legal responsibility.
11.9 閣下 理解並同意自主選擇免費下載和使用鳳凰秀產品與/服務，風險自負，包括但不限於您使用鳳凰秀產品/服務過程中的行為，以及因使用鳳凰秀產品及/或服務產生的一切後果。如因下載或使用鳳凰秀產品/服務而對閣下電訊/電腦設備或系統造成的損壞或由於這種使用而造成的數據的遺失等， 閣下須自行承擔全部責任。
You understand and agree that you choose to download and use Fengshows Products/Services for free at your own risk, including but not limited to your behavior in the process of using Fengshows Products/ Services and all the consequences of using Fengshows Products/Services. If there is damage to your telecommunication/ computer device or system or loss of data contained therein due to downloading or using Fengshows Products/Services, you shall assume all the responsibilities.
11.10 閣下知悉並同意，鳳凰秀為了整體運營的需要，或自行决定進行業務變更、調整及/或科技變更等，有權隨時修改或中斷、中止或終止產品及/或服務而無需先通知 閣下，也無需向閣下或第三方負責或承擔任何賠償責任，除非法律另有規定。
You understand and agree that Fengshows has the right to modify or interrupt, suspend or terminate products and/or services at any time for general operational needs, or at its own discretion for business changes, adjustments and/or technological changes, without first notifying you and being accountable to you and the third party, unless otherwise required by law.
11.11 鳳凰秀依據其自身判斷，對於閣下的任何違反或涉嫌違反適用的法律或本協議約定的內容，有權視情節删除、遮罩或斷開連結；停止為 閣下提供產品/服務或予以删除、撤銷帳戶；並有權依據適用的法律法規之規定保存有關資料並向相關政府部門進行報告。
Fengshows, based on its own judgment, has the right to delete, cover or disconnect the link, stop providing the products/ services to you or delete or revoke your account according to the circumstances in case you have violated or have been suspected of violating the applicable laws or this Agreement;. Fengshows also has right to retain relevant data and report to relevant government authorities.
11.12 當適用法律允可下，鳳凰秀僅承擔本協議明確約定的直接責任。除本協議另有規定外，及在適用法律允可的範圍內，鳳凰秀對本協議所承擔的賠償責任上限 (如有)總額將不超過鳳凰秀因向閣下提供產品/服務而收取的服務費總額。
When permitted by applicable laws, Fengshows shall only assume the direct liabilities expressly agreed in this Agreement. Except as otherwise provided in this Agreement and to the extent as permissible by the applicable laws, the maximum liabilities to be borne by Fengshows (if any) will not exceed the total amount received by Fengshows for its provision of products /services to you.
Under any circumstances and without prejudice to other exclusion of liability provision under this Agreement, Fengshows shall not be liable for any loss or damage that cannot be reasonably foreseen at the time when this Agreement is entered into.
11.14 鳳凰秀理解在部份國家 / 地區的法律規定下，閣下 可能享有消費者應有之法定權利，本協議或任何附加協議中的任何規定均不應限制不得以合約方式免除之任何消費者法定權利。
Fengshows understands that under the laws and regulations of some countries/regions, you may enjoy the statutory consumer rights. Any provisions in this Agreement or any additional agreement shall not restrict any consumer statutory rights that cannot be exempted by contract.
Notwithstanding anything to the contrary contained in this Agreement, nothing in this Agreement shall operate to restrict Fengshows’ liability for death or personal injury resulting from any negligence of Fengshows or its agents or employees.
Termination and Liability for Default
We have the right to terminate this Agreement with 7 days' notice or you have the right to request Fengshows to terminate this Agreement.
We have the right to terminate the agreement immediately in the event of any one of the following circumstances:
After this Agreement is amended or updated, the User clearly informs Fengshows that he or she is unwilling to accept the new agreement or the changed terms or conditions;
The User's account may technically damage the rights and interests of Fengshows or a third party;
User has registered the account or conducted transactions for the purpose of squeezing out competitors and implementing unfair competition; or User has registered the account or conducted transactions for other malicious purposes;
（4）用戶以公開方式傳播鳳凰秀及/或其關聯方(例如其相關集團公司及/或其各別的董事、員工或股東)( 統稱 “關聯方”) 的任何負面信息或評論, 或任何有關鳳凰秀及/或其關聯方的不實言論；
User disseminates in a public manner any negative information of or comment about Fengshows and/or its affiliates (such as its related group companies and/or their respective directors, employees or shareholders)(collectively “Affiliates”) or any untrue statement about Fengshows and/or its Affiliates ;
After theregistration of the account, User does not use the account for 6 consecutive months;
The mobile phone number registered by the User cannot be contacted by calling, sending and receiving short messages, etc., causing scenarios that may be regarded as false user or malicious registration;
The User has caused or attempts to cause economic harm or operational inconvenience to Fengshows through false transactions, including but not limited to placing orders multiple times within a day without genuinely wishing to purchase the relevant products/ services and/or repeatedly asking for refunds without reasonable grounds;
User sends illegal or spam information by posting news, comments, etc. on the Platform;
User obtains or assists others to obtain illegitimate interests through usage of Fengshows Products/Services;
User attacks the Platform and/or other user accounts by sending computer viruses or malicious software such as, Trojan horses, etc.;
Other improper acts that intentionally or maliciously damage the rights and interests of Fengshows and/or its Affiliates.
other breach of the terms of this Agreement by the User or if the termination is warranted in accordance with the terms of this Agreement.
12.3閣下 知悉並同意，協議終止後，閣下將不能登錄、查閱賬號資訊，閣下的賬戶積分將被清零而沒有賠償。我們將停止收集使用閣下的個人資料，已經收集的閣下的資料將被刪除 (除適用法律允許保留相關資料和/或其保留是為了任何 現行或未來的法律程序、任何政府機構的調查和/或遵守適用法律或法規所需的情況外)，其他已有的數據經匿名化處理後可繼續由我們保存。我們向閣下終止提供鳳凰秀產品/服務，將不會消除閣下的任何違約責任或在此類終止之前已累積的對我們和任何第三方的任何其他形式的責任。
You acknowledge and agree that after the termination of the agreement, you will not be able to log in and view your account information, and your account points will be cancelled without compensation. We will stop collecting and using your personal data, your data that has been collected will be deleted (save and except for situations where the retention of the relevant data is permitted by the applicable law and/or required for any subsisting or future legal proceedings, investigations by any government authorities and/or compliance with the applicable laws or regulations), and other existing data can continue to be stored by us after anonymization. Our termination of the provision of Fengshows Products/Services to you will not extinguish your liability for any of your breach of contract or any other form of liability to us and any third party that has been accrued prior to such termination.
12.4 與閣下終止協議後，我們有權允許他人使用與閣下 曾註冊或曾使用的相同用戶名。但請注意，任何依據適用法律和/或本協議的條款被關閉的賬號不能以相同賬號名稱重新註冊；若註冊的賬號名稱與依據適用法律和/或本協議的條款被關閉的賬號名稱相類似，我們可能會對相關賬號持有人身份和/或背景進行必要 查核。
After the termination of the Agreement with you, we have the right to allow others to use the same user name as previously registered or used by you. Please however note that any account that has been closed in accordance with the applicable law and/or the terms of this Agreement cannot be re-registered with the same account name; If the registered account name resembles the account name that has been closed in accordance with applicable the law and/or the terms of this Agreement, we may conduct necessary verification process in respect of the identification and/or background of the holder of the relevant account.
If the User violates this Agreement before the termination of the agreement, Fengshows has the right to continue to pursue the User's legal responsibility.
Fengshows has the right to terminate all products/services on the Platform at its discretion at any time without prior notice to you. This Agreement shall be terminated on the day when all products/services of this Platform are terminated in accordance with corresponding legal procedures and methods. In such cases, the Platform will continue to publicize relevant information in a prominent position on the homepage of the platform or client 30 days in advance. You agree that Fengshows and/or its Affiliates shall not be liable to you or third parties regarding the termination of the Platform, the Platform Products/Services or any consequences arising from such termination.
All notices to you under the terms and conditions of this Agreement may be given by means of announcements on the Platform, messages on the Fengshows App/website, emails, cell phone messages or regular mail delivery. Such notices shall be deemed to have been delivered to you on the date they are sent.
如閣下在閱讀本協議過程中有任何疑惑或其他相關事宜的（包括問題咨詢、投訴等），閣下可以通過以下方式與我們取得聯繫：（i）撥打電話至：【+852 2200 8013】；（ii）發送郵件至：【firstname.lastname@example.org】；（iii）郵寄信件至：中國香港特別行政區新界大埔大景街2-6號鳳凰衛視鳳凰秀收。鳳凰秀會在收到您的意見及建議後盡快為您答覆。
If you have any doubts or other related matters in the process of reading this Agreement (including inquiries, complaints, etc.), you can get in touch with us in the following ways: (i) Make a phone call to: +852 2200 8013; (ii) Send an email to: email@example.com; (iii) Letter posted to: Fengshows, Phoenix TV, 2-6 Tai King Street, Tai Po, N.T., H.K.S.A.R., China. Fengshows will reply to you as soon as possible after receiving your comments and suggestions.
Governing Law and Dispute Resolution
If any of the provisions of this Agreement are adjudged as invalid or unenforcable by any competent courts or government authority based on the applicable laws, such provisions shall, to the extent possible, be interpreted in such way as closely as possible to the original text of this Agreement for compliance with the applicable laws (and if not possible, such provisions will be deemed abolished), and the remaining provisions of this Agreement shall continue to be in full force and effect.
The law of the Hong Kong Special Administrative Region of the People’s Republic of China applies to this Agreement. During the execution of this Agreement, if there is a dispute relating to this Agreement, parties shall resolve it through friendly negotiation. If any dispute is unable to be resolved through negotiation within a certain period of time after the dispute has occurred, either party has the right to file the lawsuit in the court of Hong Kong Special Administrative Region of the People’s Republic of China.
During the course of litigation, except for matters in dispute, this Agreement shall continue to be performed.
If there is a conflict between the terms of this Agreement and the terms of the supplemental agreement in writing (if any) between Fengshows and the particular User, the terms of the supplemental agreement shall prevail regarding the conflicted parts.
16.2 除非本協議另有指明，任何人士如非本協議的一方 (鳳凰秀的關聯方(定義見第12.2(4)條)不受此限)，將不可籍《合約(第三者權利)條例(第623章)》而取得執行或享有本協議任何條款所賦予的利益及/或權利。本合約各方終止、撤銷、或同意本協議的任何修改、寬免、或償付，均不受制於任何非本協議一方的任何人士的同意。
Unless otherwise stated in this Agreement, any person (other than Fengshows’ Affiliates (as defined under Clause 12.2 (4)) who is not a party to this Agreement cannot obtain, enforce or enjoy any benefits or rights under any terms of this Agreement under the Contracts (Rights of Third Parties) Ordinance (cap.623). Any termination, cancellation or consent to any amendments, waiver or compensation under this Agreement shall not be subject to consent from any person who is not a party hereto.
Fengshows’ delay in or failure to exercise a right in this Agreement shall not be interpreted as a waiver of such rights by Fengshows.
You understand that the headings and clause numbers in this Agreement are for convenience of reading only and are not intended to be a basis for interpretation of the meaning of this Agreement and do not affect the actual meaning or effect of the terms.
The Chinese version of this Agreement shall prevail whenever there is any discrepancy between the English and the Chinese version.
Certain words used in this Agreement have the following meanings:
Fengshows /we: refers to Fengshows Limited
17.2 關聯方: 指第12.2(4)條規定的含義;
Affiliates, has the meaning as ascribed thereto in Clause 12.2(4)
Users/you: refers to users who use Fengshows Products/Services;
Fengshows Products/Services: refers to the Fengshows poroducts/services provided through the Platform, as well as other products/services that we may provide you now or in the future;
Account: refers to the account required for the user to register, log in, use the Fengshows products/services, and log in and use the Fengshows products/Services, which are the credentials for the user to use the Fengshows products/services as a registered user;
Terms and rules of this Agreement: refers to the "User Agreement of Fengshows" and the specific rules that are an integral part of this Agreement. Among them, the specific rules refer to the specific rules for Fengshows Limited to display various products/services of Fengshows to you individually, including the operation guidelines and the rules and procedures that need to be shown to you as the Fengshows Products/Services are updated and developed from time to time ;
Personal information: refers to various information related to identified or identifiable natural persons recorded electronically or in other ways, excluding anonymized information. Personal data includes perasonal basic information, personal identification information, personal biometric information, network identification information, personal health and physiological information, personal education and work information, personal property information, personal communication information, contact information, personal online records, personal commonly used equipment information, personal location information, etc. For the avoidance of doubt, personal data includes, but is not limited to, sensitive personal information;
Anonymization: refers to the process of processing personal data that cannot identify a specific natural person and cannot be recovered.