iQIYI Terms of VIP Membership Service

This version took effect on January 8,2020

General Terms

Preface

These iQIYI Terms of VIP Membership Service (this“Agreement”) form an agreement between you (“You”) and iQIYI HK Limited (“iQIYI”, “we”, “us”, or “ours”). This Agreement governs your iQIYI VIP membership (“VIP Membership”) and your use of the VIP Membership service provided by iQIYI (the “Service”).

Please carefully read this Agreement, the iQIYI Terms of Service, the iQIYI Privacy Policy, and the specific descriptions in the “VIP Center” (collectively, the “Terms”). By using the Service, including by clicking to indicate your consent to this Agreement and making any payment in respect of the Service, You signify you have read and understand the Terms, accept them, and agree to be bound by, this Agreement, the iQIYI Terms of Service, and the iQIYI Privacy Policy.

Quick links of General Terms:
The Agreement will help you understand the following contents:
1.Description of Services
2.Membership and Subscription
3.Payment and Cancellation
4.Service Use Rules
5.Changes to the Agreement
6.Interruption and termination of the Service
7.Privacy Policy
8.Notice
9.Governing Law and Dispute Resolution
10.Others

For easy access, you may click on the relevant link above to be directed to a particular section, but we remain recommend you could read this Agreement in full to ensure you are fully informed.

1. Description of Services

As a VIP member, You will be entitled to enjoy the benefits of VIP Membership, including: (a) access to live, online and on-demand programming, including certain audio, graphics, photos, text, special features, television programs, movies, clips, and other video content available through the Service, from time to time (the “Content”); (b) where available, access to high definition and surround sound versions of the Content; (c) exclusive early access to select Content; and (d) advertising privilege. You acknowledge and agree that, notwithstanding the terms herein, the actual VIP Membership benefits posted in the “VIP Center” shall prevail.

Advertisements: While using the Service, You may be presented with some advertisements. Advertising privilege only refers to automatically skipping of pre-roll advertisement before the video plays. Notwithstanding the foregoing, You understand and acknowledge that For certain Contents, due to copyright owners or otherwise, there will still be advertisements in the video's preamble or in the video, which shall not be seen as iQIYI’s infringement or breach of contract. iQIYI promise that we will minimize the effect arising therefrom to your watching experience.

2. Membership and Subscription

2.1 You certify that You have registered for the VIP Membership based on true, accurate, legal and valid personal information. You further certify that all additional personal information You may provide from time to time will be true, accurate, legal, and valid personal information. If there is any change to your personal information, You shall promptly update your iQIYI account with such new personal information in a timely manner.

2.2 You are solely responsible for maintaining your iQIYI account, account information, and account password properly. You shall take all necessary and effective measures to secure your account information and password. To the extent permitted by applicable laws, iQIYI will not be liable for the leakage of your account information (including your password) not caused by iQIYI and/or any losses caused by your improper use or maintenance of your account.

2.3 In order to review your VIP Membership account details, including the Content currently available through the Service, the time remaining in the current Payment Period, the Subscription Fee, and transaction history, You must log into the iQIYI “VIP Center”.

3. Payment and Cancellation

3.1 As a VIP member, You have the choice to pay the VIP membership fee (the “Subscription Fee”) by the following methods: (a) bank card (e.g., credit card or debit card) registered under your name; (b) third party billing account (e.g., Paypal, Alipay,Googlepay) registered under your name; or (c) other form of payment method accepted by iQIYI from time to time (each of (a), (b), and (c), a “Payment Account”). By providing the foregoing payment information, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE ENTERING INTO AN AUTO-RENEWAL SUBSCRIPTION AGREEMENT. FOR GREATER CERTAINTY, THIS MEANS THAT IQIYI WILL FIRST BILL YOU FOR THE SUBSCRIPTION FEE ON THE DATE THAT YOU SUBSCRIBE FOR THE SERVICES AND THAT IQIYI WILL SUBSEQUENTLY AUTOMATICALLY DEBIT YOUR PAYMENT ACCOUNT ON THE LAST DAY OF THEN-CURRENT PAYMENT PERIOD, UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION,CHANGE YOUR PAYMENT ACCOUNT OR WE SUSPEND OR TERMINATE THE SERVICE IN ACCORDANCE WITH THIS AGREEMENT. You acknowledge and agree that if You pay the Subscription Fee using a third party billing service, You will also be subject to the policies, terms, and conditions of such third party.

3.2 You certify that You are duly authorized to pay the Subscription Fee using your Payment Account, without infringement of any third party rights. Only once You have (a) successfully paid your Subscription Fee in full and (b) complied with all other applicable requirements to complete your registration as a VIP member, will You be able to access the Service.Please note that your VIP Membership is non-transferrable and, that to the extent permitted by applicable laws, each installment payment in respect of the Subscription Fee is non-refundable once successfully paid.

3.3 You have the option of paying the Subscription Fee on a monthly, quarterly, or annual basis (each, a “Payment Period”). You may choose your desired Payment Period offered in the “VIP Center”.

3.4 If You wish to update your Payment Account or Payment Period, You can do so by logging in to your iQIYI account. After updating the Payment Account or Payment Period, You authorize us to continue to charge You in accordance with the updated payment information.

3.5 You acknowledge and agree that it is solely your responsibility to ensure that your Payment Account information is current. If we are unable to debit your Payment Account on any date a Subscription Fee is due, whether as a result of insufficient funds or otherwise, iQIYI reserves the right to suspend or terminate your access to the Service. However, because a cancellation of the Service requires a VIP member to take action as provided in Section 3.6, if You fail to do so, it will be deemed that You agree that iQIYI may attempt to charge from time to time after the Payment Period (even if there is no sufficient fund in your account) according to the billing rules provided by the payment service providers, such as Apple, Google. Once You have updated your Payment Account information and we have debited any deficient Subscription Fee(s), You will re-gain access to the Service.

3.6 You may cancel your auto-renewal subscription at any time for any reason by contacting the customer service provided in Section 10.1. If you pay for the Service through third party (e.g., Apple) and wish to cancel your auto-renewal subscription, you may need to do so through your account with such third party. Upon the completion of above cancellation, your auto-renewal subscription will automatically terminate at the end of the then-current Payment Period.

3.7 You understand and agree that we are not liable in any way for erroneous billing statements or incorrect charges, and that in the event of a billing error that is caused by us, our only responsibility is to correct it if and when we receive notice of the error.

3.8 If You are offered a preferential/promotional price, such price shall only apply to the preferential/promotional period, as outlined in our applicable communication(s) to You. At the end of the preferential/promotional period, the price of the Service will be the then-current Subscription Fee, as further outlined in the “VIP Center”.

3.9 You acknowledge and agree that the Subscription Fee may vary depending on the country/region where You reside and your equipment. iQIYI reserves the right to determine the Subscription Fee for your country/region of your residence and your equipment at its own discretion. You agree to pay the Subscription Fee for your country/region of residence and your equipment.

3.10 iQIYI reserves the right, exercisable in iQIYI’s sole discretion, to adjust the Subscription Fee, payment options, and Payment Periods from time to time, and we will announce such changes in accordance with the change procedure set out in Section 5 below.

4. Service Use Rules

4.1 The Service and the Content (including all components thereof) are the property of their respective owners, including iQIYI, and are protected by copyright, trademark, patent, or other proprietary intellectual property rights. While You have an active VIP Membership, iQIYI grants You a personal, limited, non-exclusive, non-transferable, and revocable right and license to use the Service and access the Content. You are, at all times, prohibited from using the Content, the Service, and your VIP Membership for commercial purpose or other purposes which may infringe the lawful rights and interests of iQIYI and/or its affiliates and/or third parties. For greater certainty, the Service and Content may only be used for personal purposes.

4.2 You acknowledge and agree that, if iQIYI offers multiple types and levels of VIP Membership, your VIP Membership benefits will vary depending on the different type or level of the VIP Membership that You purchase. The type, level, and content of your VIP Membership benefits are further specified in the “VIP Center”.

4.3 In order to prevent malicious sharing of accounts or account theft, You understand and agree that iQIYI may limit the maximum number of equipment using the same VIP account simultaneously. The foregoing limitation on the maximum number of equipment may vary depending on the type of the VIP Membership. iQIYI has the right to change the maximum number of equipment for different VIP Member types, subject to the rules of iQIYI 's publicity or actual restrictions.

4.4 Your VIP Membership is for personal use only and cannot be transferred among iQIYI accounts during the period of Service. You are strictly prohibited from giving away, lending, renting, transferring, or selling any iQIYI account, including but not limited to the VIP Membership account. You are prohibited from acquiring or purchasing the VIP Membership by theft, or other illegal means, or through websites or other channels that are not explicitly authorized for the sale or transfer of VIP Membership.

4.5 You acknowledge that the specific VIP Membership benefits, Content, or Service available may vary from time to time, including as a result of different software versions, device capabilities, operating systems, and other third-party reasons. iQIYI recommends that You resolve any such problems by upgrading the application or operating system, using a different device, or contacting iQIYI directly through the contact information provided in Section 10.1 of this Agreement.

4.6 You acknowledge and agree that You may only subscribe for the Service in a country/region where iQIYI provides the Service, and the VIP Membership benefits available are subject to the Service particulars for the country/region in which You registered your iQIYI account. If your country/region changes, whether temporarily or permanently, part or all of your VIP Membership benefits may become unavailable. You further acknowledge and agree that the Content available as part of the VIP Membership will vary by country/region and will change from time to time. The Content available to watch in each country/region will also be subject to the Content licensed to iQIYI under the Service in such country/region.

4.7 Some of the Content provided with the Service may be available for download and offline viewing on certain supported devices (“Offline Titles”). However, limitations may be imposed on the download and offline viewing of Offline Titles, including the maximum number of Offline Titles allowable for download by your account, the maximum number of devices that can contain Offline Titles, and how long the Offline Titles will remain accessible. In addition, if You go online in a country/region where You would not be able to stream that Offline Title, the Offline Title will not be playable while You are in that country/region.

4.8 In addition to all other prohibitions herein contained, you agree to comply with all applicable laws and regulations, as well as these Terms and without the prior written consent from iQIYI, You shall not: broadcast, reproduce, download, upload, modify, compile, translate, distribute, develop, transfer, sell, lease, rent, display, disseminate any Content; synthesize, nest, or create links to Content; utilize the Content provided to create derivative works or utilize the Content for anything other than your own personal, non-commercial and entertainment purposes; interfere or attempt to interfere with the operation of the Service, the Content, or the servers or networks connected to the Service via any means; circumvent, remove, alter, or deactivate any of the Content protections in the Service; copy modify, alter, remove, adapt, translate, decompile, or reverse engineer any applications or programs used in connection with the Service or the Content; use or attempt to use the Service in a manner to avoid incurring charges for usage; copy, modify, alter, remove, or deface any trademarks, service marks, or other intellectual property displayed or made available through the Service; use any data mining, robots, or similar data gathering and extraction tools on the Service, the Content, or on any portion thereof, or frame any portion of the Service or Content.

4.9 You acknowledge that the quality of the display of the Content provided by the Service may be affected by a variety of factors, including your device, your location, your bandwidth available through and/or the speed of your Internet connection, and the limitation on the quality of the display imposed by certain Content (the “Viewing Factors”). You further acknowledge that there may be buffering time involved before and while watching the Content, and that the buffering time will be affected by the Viewing Factors.

5. Changes to the Agreement

iQIYI reserves the right, exercisable from time to time and in iQIYI’s sole discretion, to amend this Agreement, including the VIP Membership benefits, by posting such amendments to the “VIP Center” or notifying You via your email or other means provided in Section 8. The amendments will become effective fifteen (15) days after the updated version is posted. Before the change comes into effect, you may cancel the Service rather than accept the change. To the fullest extent permitted by applicable laws, as your sole remedy, and only where required by law, you may refuse the modification and rescind, or cancel the Service without cost, penalty, or cancellation fee, by providing us with notice to that effect no later than fifteen (15) days after the modification comes into force, if the change results in increased obligations to you or a reduction of obligations on us. To the fullest extent permitted by applicable laws, your continued access to or use of the Service after the date specified in such notice of change constitutes your full acceptance of, and agreement to be legally bound by these Terms, as modified, and such change to the Service or your subscription as communicated to you either via the “VIP Center” or in the notice. iQIYI encourages You to frequently review the terms of this Agreement to better protect your rights and interests, as well as to regularly check the information posted in “VIP Center”.

6. Interruption and termination of the Service

6.1 From time to time, the Service may be unavailable due to causes that are unforeseeable or beyond our control, including but not limited to acts of governmental authorities, hacker attacks, virus invasion, or other circumstances affecting the normal operation of the public Internet. In such a case, iQIYI will notify You as soon as possible. You acknowledge and agree that iQIYI will not be liable for any losses that arise out of any such circumstances and will not be obligated to refund all or any portion of your Subscription Fee.

6.2 If You breach or are in default of any of the terms of this Agreement, iQIYI reserves the right, exercisable in iQIYI’s sole discretion, to cancel your VIP Membership and You will not receive a refund of all or any portion of your Subscription Fee.

6.3 Without limiting our right to terminate for breach under section 6.2, to the fullest extent permitted by applicable laws, we may cancel your subscription to the Service upon advance written notice to you.

6.4 iQIYI's failure or delay to exercise any right hereunder will not constitute a waiver of such right, and the sole or partial exercise of any of the rights hereunder will not exclude the exercise of any other rights.

7. Privacy Policy

For information about the processing and protection of your personal information, your control over your personal information, and other related content, please refer to the iQIYI Privacy Policy.

8. Notice

In order to facilitate your receipt of information relevant to iQIYI,the Service and this Agreement from iQIYI in a timely manner, You agree that iQIYI has the right to notify You by any one of the following means: webpage announcement; page prompt; pop-up window; message notification; and your contact methods (phone, text messaging, email, fax, contact address etc.). Any such notification will be deemed to have been delivered to You on the date it was sent by iQIYI. If multiple notification methods are used simultaneously, the delivery time will be deemed to be the date and time of the earliest notification.

9. Governing Law and Dispute Resolution

9.1 The parties agree, to the fullest extent permitted under applicable laws, that these Terms will be interpreted, construed, and governed by the laws of the Hong Kong Special Administrative Region.

9.2 Any disputes arising from or in connection with this Agreement including its execution can be settled through friendly negotiation. Any party may also submit any dispute to the Hong Kong International Arbitration Centre for arbitration administrated under the HKIAC Administered Arbitration Rules in force when the notice of arbitration is submitted. For the avoidance of any doubt, friendly negotiation is not a condition-precedent for submitting a dispute to the HKIAC for arbitration. The arbitral award is final and binding on all parties. The seat of arbitration shall be Hong Kong. The arbitration language shall be Chinese.

9.3 In the event of a conflict between this Agreement and the Terms of Service, this Agreement shall prevail to the extent necessary to resolve the conflict.

10. Others

10.1 If You have any questions or comments about this Agreement or the use of the Service (including inquiries or complaints), please contact us via e-mail at contactus@qiyi.com or such other customer contact methods as may be indicated by iQIYI from time to time. iQIYI will use commercially reasonable efforts to reply to You as soon as possible after receiving your questions or comments.

10.2 The headings of this Agreement are provided for convenience only and do not affect the meanings or interpretations of any provisions herein.

10.3 The term “including” means “including without limiting the generality of the foregoing”.

10.4 These Terms are personal to you, and you may not assign your rights or obligations to anyone. We may, without prior notice to you and without your consent, assign these Terms and upon such assignment the assignee shall assume all of our rights and obligations under these Terms and we shall be released.

10.5 Our failure to insist upon or enforce strict performance of any right or provision of these Terms shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in these Terms are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. No waiver of any breach of any provision of these Terms by us shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof. If any provision of these Terms is unlawful, void, or for any reason unenforceable, then that provision is deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

10.6 The Agreement, iQIYI Privacy Policy, iQIYI Terms of Service, the pricing, Content, product, and services information and rules related to use our services (available on our website at [put URL here] as well as within the Service registration and subscription process), constitute the entire agreement between you and us relating to the access and use of the Service and the Content, and shall not be modified except by us.

10.7 If there are multiple language versions of the Agreement, in case of inconsistency between different versions, the Chinese version shall prevail.

iQIYI International HK Limited