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Damai Member Service Agreement


Damai Member Service Agreement

 

Effective date: July 1, 2020

 

Welcome to Damai (domain name: damai.cn), a website operated by Beijing Pony Media Culture Development Co., Ltd. (hereinafter referred to as “We” or "Damai"). Before enjoying the services offered by Damai, please read carefully and understand this Damai Member Service Agreement (hereinafter referred to as this "Agreement"). Please pay particular attention to the provisions which are notably marked in bold herein.

 

I. Confirmation and acceptance of this Agreement

 

1. Once you have filled in the information and agreed to the contents of this Agreement according to the prompts on the registration page, this Agreement will be established between you and Damai and take legal effect forthwith; and at the same time you will become a member of Damai.

 

2. To enjoy the services provided by Damai, you need to agree to the corresponding service terms herein, including but not limited to Terms of Ticket Booking Services and any other service terms which may be added from time to time. If you are under the age of 18, you need to register and use the services provided by Damai in the company of your legal guardian. Once you have placed any order, it shall be deemed that you have met the abovementioned requirements, you and your legal guardian shall bear corresponding liabilities in accordance with relevant laws and this Agreement.

If you have any question on this Agreement, please feel free to make an inquiry through Damai customer service (tel.: 400-610-3721; 1010-3721). Damai will explain to you the relevant contents of this Agreement. If you disagree to, fail to accurately understand or object to any contents hereof, you have the right to abort the member registration process forthwith and refuse to accept any service, including ticket purchase, provided by Damai.

 

3. The contents of this Agreement include the text hereof and various clauses, restrictions and requirements published or to be published by Damai in the future and for which Damai has sent or will send a notification by reasonable means. The foregoing provisions are supplemental provisions hereto and have the same legal effect as this Agreement. Damai has the right to, based on the promulgation or revision of the relevant laws and regulations, the requirements of competent authorities or changes to the service methods, alter the contents hereof at its discretion. Given that Damai has many members and their contact information may change from time to time, you understand and agree that Damai may notify any changes to this Agreement through an announcement or pop-up, and such change shall take effect 7 days after notification. If you disagree to any such change to relevant clauses, you have the right to forthwith stop using the services of Damai.

 

II. Brief Introduction to the Services

 

1. You may check the information on the names, time and venues and actors/players of related performances/competitions (hereinafter collectively referred to as the "Events") on Damai, choose the session you prefer, and conduct a transaction.

 

2. Before selling tickets for the Events, Damai will perform its due diligence, and examine the administrative approvals for the Events and the relevant licenses and qualifications of the host/organizer. Please note that, for Events other than those hosted by Damai, Damai is unable to fully identify whether the materials and documents are authentic or not, and Damai, only serving as a channel for you to choose the types of the Events, purchase tickets and obtain publicity information on the Events, can neither guarantee that the Events will be held on schedule nor control the quality of the Events.

 

3. According to the provisions of relevant laws and regulations or administrative authorities' requirements for special Events, some of the services provided by Damai or special Events will require you to complete real name authentication, otherwise Damai, due to legal provisions or relevant requirements, will be unable to provide you with corresponding services or Events for you to watch.

 

4. Except for ordering tickets, you may order other merchandise and/or services through Damai, including derivative merchandise, discount coupons, member cards and etc. Any specific content, information and/or relevant rules concerning such non-ticket merchandise or services shall be specified on the sales page.

 

5. You may post and share comments on performances/competitions and other Events and create topics, upload pictures, videos, among others, on Damai. Damai hereby solemnly reminds you that Damai only provides information storage space, and the liability for any text, music, pictures, graphs, videos or other materials that are released or uploaded via Damai (hereinafter referred to as the "Contents") shall be assumed by the providers thereof. In no event shall Damai be held liable for any Contents, but Damai has the right to, in accordance with law, cease displaying any of the foregoing Contents and take corresponding actions, including but not limited to saving relevant records and reporting to relevant authorities.

 

III. Change, Suspension or Termination of Services

 

1. Damai reserves the right to change, suspend and terminate the services in whole or in part, and the right to, in light of the realities, at any time, adjust the types of services provided, the service contents and the way of providing services. In case of any adjustment, Damai will make a  prior announcement as far as possible. In case that Damai terminates its services, Damai will publicize relevant information at least by a 30 days’ prior notice.

 

2. Upon receipt of any notice from any administrative or judicial organ, such as a public security authority, procuratorate or court, Damai may forthwith suspend or freeze your account with Damai and the account balance (if any) , until notice of termination of the foregoing measures is received from the said organ.

 

IV. About your account

 

1. After becoming a member of Damai, you will have the right to, at any time, change your account password; meanwhile, you are obligated to keep and use the account password with due care.

 

2. You are responsible for keeping your own account name, nickname and password confidential, and are liable for all activities conducted under your account name or nickname and password (including but not limited to disclosing information, posting information, clicking Agree online or purchasing services). You agree that:

 

(1) After you become a member of Damai, for the purpose of providing services, Damai may collect your personal information, including your name, gender, birth date, email address, bank card No. and delivery address; and

 

(2) You shall quit your account following correct steps at the end of your visit to Damai. Damai shall not be liable for any loss or damage incurred by your failure in complying with this clause. You understand that it will take a reasonable period of time for Damai to act on your requests and Damai shall not be liable for any consequence incurred before taking any such action (including but not limited to any loss thus incurred upon you) ;

 

(3) Upon discovering any unauthorized use of your account name, nickname or password, you may immediately notify Damai and authorize Damai to take corresponding restrictive actions; Damai shall not be liable for any loss or consequence resulting from your disclosing your own account information or being attacked or defrauded by others. You shall claim for compensation against the tort feasor through judicial or administrative means or any other means of relief.

 

(4) Unless otherwise provided by laws and regulations or a judicial order and with the consent of Damai, your account with Damai may not be transferred, gifted or inherited in any way (except for property rights and interests related to the account) .

 

3. You shall ensure that you are not subject to any trade restriction or economic sanction imposed by any national, regional or international organization or any other laws and regulations, nor have you directly or indirectly provided funds, goods or services to any party subject thereto, otherwise you shall forthwith cease using Damai services, and at the same time, you shall understand that any violation of the foregoing requirements may prevent you from properly registering and using Damai services.

 

4. Damai shall have the right to, based on the needs of its services, change the entity performing this Agreement or engage other entities to perform this Agreement. Your continued use of services provided by Damai shall be deemed as your consent to the foregoing arrangements.

 

V. Protection and Management of Members' Personal Information

 

1. Damai has attached great importance to protection of your personal information. By using the services provided by Damai, you agree that Damai may collect, use, share, store and protect your personal information in accordance with the published Privacy Policy. Damai intends to, through the Privacy Policy, clearly explain to you how Damai handles your personal information. Therefore, Damai suggests that you thoroughly read the Privacy Policy to help you better protect your personal information.

 

2. You represent and warrant that you have legitimate right to the user name you used for registration and all information contained in the nickname, otherwise Damai has the right to, delete or mask your user name or your nickname. You shall ensure that the user name and nickname used by you do not include any Content which:

 

(a) is the real name, style name, stage name or pen name of any leader of the Party or state or any other public figure;

 

(b) is the name of any state organ or any other institution; or contains any uncourteous or unhealthy field, or any discriminatory, insulting or obscene words;

 

(c) is ambiguous, misleading or in violation of the provisions of law;

 

(d) illegally uses the profile picture or materials or the name of others;

 

(f) infringes upon the portrait right, copyright, trademark right, trade secret or any other proprietary right of others;

 

(g) contains any mandatory, inductive or deceptive information or illegal transaction information;

 

(h) contains any other information restricted or prohibited by Chinese laws, regulations, (departmental) rules or any other legally valid norms; or

 

(i) contains any other information that may impair the interests of the platform and other users.

 

3. To provide you with better services, Damai may share your personal information with its affiliates; we will only share necessary personal information, and be bound by the Privacy Policy; "Affiliates" is an umbrella term for the operators of the entities under Alibaba Group Holding Limited, including the operators of, among other websites and clients, Taobao.com (domain name: taobao.com) , TMALL.COM (domain name: tmall.com) , Xian Yu (domain name: 2.taobao.com) and Xiami Music (domain name: xiami.com) .

 

VI. Intellectual Property Rights

 

1. The intellectual property rights in the Contents provided by Damai through its services (including but not limited to web pages, interface designs, page frameworks, texts, audios, videos, pictures or other materials) are owned by Damai or relevant right holders. Except as otherwise agreed, the copyright, patent right and other intellectual property rights in the software, systems and the like, based on which Damai provides services, shall also be owned by Damai. Without prior written consent of Damai, you shall not delete, cover or change the statement made by Damai on its copyright, trademarks or any other rights, or display or use or otherwise dispose of the trademarks of Damai in any way.

 

2. For the Contents uploaded to or posted on Damai, you shall ensure that you are the copyright owner thereof (including but not limited to texts, pictures and videos) or have been legally authorized by the copyright owner, and such Contents will not infringe upon the legitimate rights and interests of any third party. You agree to grant Damai and its affiliates a worldwide, royalty-free, irrevocable, permanent and sub-licensable license to use all Contents as mentioned above. Specifically, Damai has the right to:

 

(1) reproduce and translate the foregoing Contents, or incorporate the same into the works, media or technologies currently known by or to be developed in the future by Damai for the development, promotion or publicity of relevant functions of Damai;

 

(2) authorize the radio stations, TV stations, online media outlets, operator platforms and other media outlets or operators in cooperation with Damai to broadcast and spread the foregoing Contents as part of Damai’s promotion and publicity campaign; and

 

(3) use, together with its affiliates, the above Contents in any other way in good faith or with your separate permission;

 

Your grant of the foregoing license to Damai and its affiliates does not change the owner of intellectual property rights in the Contents posted by you, nor does it affect your exercise of your legitimate right to the Contents posted by you.

 

3. You know, understand and agree that Damai and its affiliates may examine, delete and alter the Contents you posted.

 

3. Damai shall have the priority to cooperate with you in respect of the Contents uploaded to or posted on Damai.

 

VII. Prohibited Contents and Acts

 

1. Prohibited contents

 

You understand and warrant that you are fully liable for the Contents you have published, uploaded or transmitted. All users shall not, on any page of Damai, publish, reprint or transmit any information containing any of the following content, otherwise Damai shall have the right to delete or mask your information in accordance with law or the provisions of this clause. Contents that are prohibited to be published include but are not limited to those that:

 

(a) violate the basic principles established in the Constitution;

 

(b) endanger national security, leak any national secret, subvert state power or undermine national unity;

 

(c) harm the national honors or interests;

 

(d) incite ethnic hatred, or ethnic discrimination, or undermine unity among the ethnic groups;

 

(e) harm the national policies on religions or advocate any heresy or feudal superstition;

 

(f) spread rumors, disturb the social order, or undermine social stability;

 

(g) spread any obscenity, pornography, gambling, violence, murder or terrorism, or instigate any crime;

 

(h) contain false, deceitful, harmful, threatening, privacy-invading, harassing, infringing, slanderous, vulgar or obscene or other morally repulsive contents;

 

(i) insult or defame any other person, or harm the legitimate rights of others;

 

(j) infringe upon the portrait rights, copyrights, trademark rights, trade secrets or any other proprietary rights of others;

 

(k) contain other contents restricted or prohibited by Chinese laws, regulations, (departmental) rules or any legally valid norms; or

 

(l) contain any other contents deemed by Damai as unsuitable to be displayed on Damai.

 

2. Prohibited acts

 

You understand and warrant that you will not perform any of the following acts with respect to the services provided by Damai, nor will you allow anyone to use your account to perform any of the following acts, otherwise Damai may stop such acts by freezing all or part of the functions of your account by deleting or masking relevant information, and eliminate related adverse effects. Such prohibited acts include but are not limited to any act which:

 

(a) damages the legitimate rights and interests of others in any way;

 

(b) impersonates any other person or organization, or makes a false or an untrue statement or lies about the relationship with any person or organization;

 

(c) intercepts, falsifies, collects, stores or deletes the personal information, trade orders, comments, messages or other data of others without legal authorization, or uses the obtained information for any illegal or improper purpose;

 

(d) publishes or disseminates any Contents prohibited in paragraph 1 above;

 

(e) publishes or disseminates "promotional materials", “discount information", “inventory of tickets in short supply", "advertising letters" or soliciting materials in any other form;

 

(f) uses, without explicit permission of Damai, services provided by the platform for any commercial purpose or for the benefit of any third party;

 

(g) publishes, sends or otherwise transmits computer viruses designed to interfere with, disrupt or restrict the normal ticket purchase, or the functions of software, hardware or communication devices of the platform;

 

(h) interferes with or disrupts Damai’s services or the servers and networks connected to the services, or violates any information security regulations, procedures, policies or norms of Damai;

 

(i) is restricted or prohibited by Chinese laws, regulations, (departmental) rules or legally valid norms; or

 

(j) may harm the interests of others or the Damai platform.

 

VIII. Scope of Liability and Exemptions

 

1. You clearly understand and agree that, as a ticket agent for performance/competition Events, Damai will not bear any liability other than those expressly provided by law. In case of any dispute between you and an event host, Damami.cn will use its best endeavors to coordinate the matter for your interests, but cannot guarantee that the result of such coordination will meet your expectations. Damai has no right to deal with such disputes.

 

2. Damai will not be liable for your losses, unless such losses are caused entirely and solely by an intentional act or negligence on the part of Damai.

 

IX. Compensation

 

Damai respects the legitimate rights and interests (including intellectual property rights, rights to reputation and rights to goodwill) of others, and appeals to you to do the same. You clearly understand and agree that, in case that Damai suffers any loss, or is required to pay compensation by any third party, or is punished by any administrative authority as a result of your violation of relevant laws or regulations or the provisions hereof, Damai shall be entitled to stop your infringement by taking corresponding actions, including but not limited to terminating your use of your account and deleting the contents which are against the regulations, and shall have the right to require you to compensate for the loss or losses thus incurred upon Damai.

 

X. Force Majeure

 

Where Damai's ticket distribution system collapses or cannot be used properly due to force majeure or any other reasons beyond the control of Damai, resulting in failure to complete any online transactions, loss of relevant information records or termination of services or otherwise, Damai shall not be held liable therefor, except as otherwise expressly provided by law; in addition, Damai will, to the greatest extent possible, provide reasonable assistance in handling the matter, and endeavor to protect you from any economic loss.

 

XI. Governing Laws and Jurisdiction

 

1. The provisions of this Agreement are severable. If any provision hereof is held to be invalid or unenforceable, it may be deleted herefrom and the remaining provisions shall continue to be valid and enforceable.

 

2. Governing laws and jurisdiction. The execution, performance and construction of, and settlement of disputes related to this Agreement shall be governed by Chinese laws. Any dispute arising from or in connection of this Agreement shall be settled by the Parties through amicable consultation. If the dispute cannot be resolved through consultation, either Party may lodge a lawsuit with the people’s court of Dongcheng district where we’re located.