Welcome to ICN
This section explains our relationship with you. This includes a description of the service as well as a definition of our agreement and the indication of your service provider.
Who is allowed to use the service?
This section lists certain requirements for the use of the service as well as the categories of users.
Your use of the service
This section explains your rights to use the Service and the terms applicable to it. It is also explained that we will make changes to the service if necessary.
Your content and your behavior
This section applies to users who provide content as part of the service. This defines the scope of the rights you grant by uploading your content. In addition, the section includes your consent not to upload content that violates the rights of others.
Blocking and termination of accounts
This section explains how you and ICN can end this business relationship.Software in our service. This section contains information about the software for the service.
Other legal provisions
This section contains our performance promise for you. It is also explained here that we do not take responsibility for some things.
This agreement
This section contains some other important information about our contract. For example, it explains how changes to these Terms of Use affect or what laws they are subject to.
Terms of use
Date: 01. June 2024
Terms of use
Welcome to ICN
Introduction
Thank you for using the ICN Platform and the products, services and features that we provide to you as part of this platform (collectively referred to in this document as the "Service").
Our service
The service offers the opportunity to discover, watch movies & live stream events (Sport, Culturel & other) content; a forum for people to interact and a distribution platform for creative content and advertisers. Further information about our products, services and their use can be found in the ICN help. Among other things, you can find out about as well as paid memberships and purchases on ICN.
Feel free to read more about using content on other devices such as your TV, your game console or even ICN Home.
Service provider
The company that provides the service in the USA and Northamerica is ICNet Inc., a company registered and operated under US law (Authentication number: 100001731856 by http://ecorp.dos.nz.gov ) with its registered office in 2 Ocean Drive, W22B, Brooklyn, New York 11224 (referred to as "ICN", "we", "us" or "our").
Applicable terms of use
Your use of the Service is subject to these Terms of Use, the ICN, the General ICN Guidelines, and the Security and Copyright Policies (collectively, the "Agreement"). Our joint agreement also includes information on advertising policies for advertisers if ICN advertise or sponsor on the Service or incorporate paid advertising into the content. Use of the service requires that you agree to the agreement.
Who is allowed to use the service?
Minimum age
You can use the service if you are at least 16 years old.
Permission from parents or guardians
If you are under the age of 18, you need the permission of your parents or guardians to use the service. Please read this agreement together with them.
If you, as a parent or guardian, consent to your child's use of the Service, you are subject to the terms of this Agreement and are responsible for your child's activities on this Service.
Information and resources for parents (including information on how a child under the age of 16 can use the service and ICN Kids) can be found in ICN's ICN Help and Family Link.
COMPANY
If you use the Service on behalf of a company or organization, you confirm to us that you are authorized to act on behalf of that entity and agree to be legally bound by this Agreement.
Your use of the service
Content in service
The content in the service includes video, audio (e.g. B. music and other sound recordings), graphics, photos, text (e.g. B. Comments and scripts), identifiers (including business names, trademarks or logos), interactive features, software, metrics and other materials (collectively, "Content"). ICN is a provider of hosting services for its content. The content is the responsibility of the ICN`s posts and makes it accessible as part of the service. If you see content that you believe does not comply with this agreement, for example because it violates the community guidelines or the law, you can report it to us .
ICNaccounts andICN channels
The services are available with a ICN account. However, you need a ICN account for certain functions. With a ICN account, you can rate videos with "I like", subscribe to channels.
Please keep your password confidential to protect your ICN account. You should not reuse the password for your ICN account with third-party applications. Find more information on how to protect your ICN Account. Among other things, you will learn how to proceed if you learn of the unauthorized use of your password or ICN account.
Your data
Our privacy policy explains how we handle your personal data and protect your data when you use the service. We comply with the ICN order data processing conditions when processing the audio or audiovisual content uploaded by you. An exception is content that you have uploaded for personal or family purposes.Further information.
Subject to this agreement and applicable laws, you may access and use the Service in the form provided to you. You can view or listen to content for your personal, non-commercial use. You can also show ICN videos via the integrated ICN player or App.
However, the use of the service is subject to certain restrictions. The following is not permitted:
1. Access, reproduce, download, distribute, transmit, transmit, display, sell, license, modify, adapt or otherwise use any part of the Service or Content, except (a) as authorized in the Service; or (b) with prior permission by ICN in text form and, where relevant, by the respective rights holders or (c) to the extent permitted by applicable law.
2. To circumvent, disable, fraudulently use or otherwise interfere with the service or the security-related functions of the service (this also applies to attempts to do so). It is also not permitted to circumvent, disable, fraudulently use or otherwise impair other functions of the service (this also applies to attempts to do so) that (a) prevent or restrict the copying or other use of the content or (b) restrict the use of the service or content.
3. With automated procedures (e.g. B. robots, botnets or scrapers) to access the Service, except (a) via public search engines according to ICN's Robots.txt file, (b) with prior permission by ICN in text form or (c) to the extent permitted by applicable law.
4. To collect or use information that could identify a person (e.g. B. the collection of usernames or faces), if this person does not allow this or does so in accordance with the above 3. section is permitted.
5. To use the service to distribute unsolicited advertising or commercial content or other unwanted or unreasonable harassment (spam).
6. To cause or encourage incorrect measurements of actual user interactions with the service. This includes, for example, paying people or creating other incentives to increase the views, "I like" ratings or "I don't like" ratings of a video, to increase the number of subscribers to a channel or otherwise manipulate metrics.
7. To abuse the reporting, complaint, dispute or opposition procedure, for example by unfounded, willful or frivolous information.
8. To conduct competitions within the framework of or using the Service that do not comply with ICN's competition guidelines .
9. Use the Service to view or listen to content outside of private, non-commercial use (for example, a public screening of videos or streaming music).
10. Use the Service to (a) sell advertising or sponsorship placed in, around or around the Service or its content, unless it complies with the guidelines on advertising on ICN (for example, product placements that comply with the guidelines); or (b) sell advertising or sponsorship on any page of a website or application that contains content solely from the Service or whose content derived from the Service is the primary basis for such sales (for example, selling ads on a website where ICN videos are the only content with added value).
Reservation
Any right not expressly granted to you in this Agreement remains with ICN or its respective rights holders. This means, for example, that by using the service, you do not acquire any copyrights or industrial property rights in the content you access. This also applies to brands that are used or displayed in the service.
Development, improvement and updating of the service
ICN is constantly changing and improving the service. As part of the continuous development of our digital content and services, we may make adjustments or changes (to the entire service or parts of the service). For example, we add or remove new features, offer new digital content or services, or discontinue outdated content or services. We may also change the service for the following other reasons:
- to adapt to new technologies
· to adapt to higher or lower user numbers for a particular product or service or function
· to adapt to important changes in relation to licenses or partnerships with third parties
- to prevent misuse or damage
· for the implementation of legal or official requirements or security-related aspects
In particular, we occasionally make legally necessary updates (updates), i.e. Changes that keep our digital content, services and goods compliant with the law. We make these updates to our digital content and services for security reasons and to ensure that they meet the expected quality standards, such as those described in the "Legal Warranty" section. We can automatically install updates that address serious security risks. For other updates, you can decide for yourself whether you want to install them.
Before we change or discontinue any part of the service, we carefully consider the reasonableness of the changes, your interests as a user, your legitimate expectations and the potential impact on you and others. Parts of the service will only be changed or discontinued by us for justified reasons. If a change negatively affects your use of the Service or your access to it, we will inform you in advance by e-mail within a reasonable period of time. This e-mail contains a description of the changes, the date of their implementation and an indication that you are entitled to terminate your contract with us if the changes have more than only slightly negative effects. Excluded are urgent cases in which the changes serve to prevent misuse or damage, to respond to legal requirements or to ensure the safety and functionality of the services. We also give you the opportunity to export your content via ICN data export in accordance with applicable laws and guidelines.
Your content and your behavior
Setting up content
If you have a ICN subscribtion, you may be able to upload videos to our service. You may use this content to promote your company or an artistic activity. If you upload content, you may not post content through the Service that violates this Agreement or the law.
For example, the content you submit may not contain the intellectual property of third parties (such as copyrighted material), unless you have received permission to do so from that party or are otherwise authorized by law. You are legally responsible for the content you submit through the Service (including any available exceptions or limitations of copyright or related rights provided for in European Union law). This may use automated systems that analyze your content to help detect violations and abuses such as spam, malware and illegal content.
Rights granted by you
You retain your rights as an author and all existing industrial property rights to your content. In short: What belongs to you remains yours. However, it is necessary to grant ICN and other users of the service certain rights described below.
Right to monetization
You grant ICN the right to monetize the content on the service. This monetization may include the display of ads in or within the scope of the content or the collection of access fees from users. This agreement does not entitle you to make payments.
Termination and blocking by ICN
ICN reserves the right to suspend or terminate your ICN Account or your access to all or part of the Service if (a) you significantly or repeatedly violate this Agreement, (b) we must do so to comply with legal requirements or a court order, or (c) there are objective and concrete grounds to believe that there is conduct that harms or results in, users, third parties, ICN or our affiliates.
Notification of termination or blocking
We will inform you of the reason for termination or blocking by ICN and, insofar as a behavior that violates this agreement is the reason for termination or blocking, give you the opportunity to remedy or remedy this violation, unless there are objective and concrete reasons to believe that this is (a) contrary to laws or would violate orders of a law enforcement agency, (b) would jeopardize an investigation, (c) would seriously affect the integrity, operation or security of the service, or (d) would seriously harm other users, third parties, ICN or our affiliates.
Effects of blocking or terminating an account
If your ICN Account has been terminated or your access to the service is restricted, you can continue to use certain features of the service (such as video playback) without an account. This agreement continues to apply to such use. If you believe that the announced termination or blocking is an error, you can file a complaint via this form . We will then consider your justification for the complaint and review our decision again.
Software in our service
Open Source
Parts of the software used in our service may be offered under an open source license. An open source license may contain provisions that expressly override some provisions of these Terms of Use. In this case, we will provide you with this open source license.
Other legal provisions
Assurance
We operate the service with reasonable care and expertise.
Disclaimer
The legislation prescribes certain rights for consumers that cannot be contractually excluded or modified. Nothing in this agreement affects these rights to which you as a consumer are entitled. Except for the terms expressly set forth in this Agreement or required by law (see section "Legislative Warranty"), ICN makes no special representations with respect to the Service. For example, we make no additional representations regarding the content provided through the Service, regarding the specific features of the Service or its accuracy, reliability, availability or suitability for your purposes or with respect to the fact that the content you submit is accessible or stored in the Service.
Limitation of liability
In the event of intent and gross negligence, including the legal representatives and vicarious agents, you and ICN are liable in accordance with the statutory provisions. The same applies to culpably caused damage from injury to life, body or health, to damage caused by the absence of a guaranteed quality, as well as in the case of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected. Otherwise, the liability of you and ICN is excluded. This regulation does not constitute a change in the burden of proof at the expense of the users of the service.
Links to third-party providers
The service may contain links to third-party websites and online services that are not owned or controlled by ICN. ICN has no influence on and is not responsible for such websites and online services. Please exercise caution when leaving the service. We recommend that you read the terms of use and privacy policy of all third-party websites and online services you visit.
This agreement
Changes to this agreement
We reserve the right to make changes to this agreement for the following reasons: (1) to take into account changes to our service or business processes - for example, when we use new products or Add functions or old products or Remove functions -; (2) for legal, regulatory or security reasons; (3) to prevent misuse or damage.
If we make changes to this agreement, we will notify you at least 15 days before the changes take effect. With the information about the changes, we provide you with the new version of the agreement and point out the essential changes. If you do not object before the changes come into force, the amended agreement will be deemed accepted. In our notification, we explain the objection process. You can refuse to accept the changes - in this case, the changes will not apply in relation to you. However, we reserve the right to terminate our relationship with you, provided that all other conditions for termination are met.
Continuation of the agreement
If your use of the Service is terminated, the following terms of use of this Agreement will continue to apply to you: "Other Legal Provisions" and "This Agreement". The rights granted by you continue to exist in certain cases described under "Term of the License".
Severability clause
If any of the terms of use in this agreement are unenforceable, the remaining terms of use will remain unaffected.
Transmission
ICN may transfer this Agreement in whole or in part to an affiliated company or, if ICN is sold, to a third party.
No waiver
If you do not comply with this agreement, but we do not take immediate action against it, this does not mean that we completely waive our rights (e.g. B. on the right to take measures in the future).
Applicable law
If you have your habitual residence outside of USA, this agreement and your relationship with ICN are subject to US law under this agreement, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Court proceedings can be brought before your local courts, which are competent according to the legal regulations. This choice of law makes no statement regarding the law applicable to the service itself.
Revocation in accordance with applicable law in the European Economic Area (EEA)
If you are a consumer based in the European Economic Area (EEA), you are from the 28th in accordance with the consumer rights applicable in the EEA. May 2022 entitled to revoke this contract as described in the EU model withdrawal form below.
Right of revocation
You have the right to revoke this contract within 14 days without giving any reason.
The revocation period is 14 days from the date of conclusion of the contract.
In order to exercise your right of withdrawal, you must inform us by means of a clear declaration (e.g. B. letter sent by post or e-mail) of your decision to withdraw from this contract. This is possible by e-mail to service@icn. watch or by post to ICNet Inc., 2 Ocean Drive, W22B, Brooklyn, New York 11224, USA. If you use this option, we will immediately send you a confirmation of receipt via a permanent medium for such a revocation, e.g. B. by e-mail.
In order to comply with the revocation period, it is sufficient if you send the notification regarding the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this contract, we will have to repay all payments we have received from you. This must be done immediately and at the latest within 14 days from the day on which we received the notification of your revocation of this contract. These payments also include delivery costs (with the exception of the additional costs arising from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us). The refund will be made via the same means of payment that you used for the original transaction, unless you have expressly agreed to another method. In no case will you be charged fees for such a refund.
Model Withdrawal form
(If you want to revoke the contract, please fill out this form and send it back).
— To _ ICNet Inc., 2 Ocean Drive, W22B, Brooklyn, New York 11224, USA [service@icn.watch]:
— I hereby revoke the contract concluded by me for the provision of the following service __________________________________________
— Ordered on _____________________________
— Name of the consumer _______________________
— Address of the consumer _____________________
— Signature of the consumerwwwww (only if notified on paper) ___________________
— Date _______________
ICNet Inc.
2 Ocean Drive, W22B
Brooklyn, New York 11224, USA
service@icn.watch, icn.watch