Damai.cn Membership Service Terms
I.Confirmation and Acceptance of Service Terms
The present Service Agreement is entered by and between the Website www. Damai.cn, subordinate to Beijing Pony Media and Cultural Development Ltd. (hereafter "Pony Media") and the Users of Damai.cn, and has contractual effect.
This agreement consists of the body text and the regulations already published or possibly going to be published by Pony Media. All regulations form inseparable part of the agreement and have the equivalent legal effect. The ownership and operational rights of all digital service of the Website are owned by Pony Media. The Website will strictly comply with the published service terms and operational regulations while providing services. The Users promise to accept and abide by all related regulations when using the serviced provided by Pony Media. Pony Media is entitled to irregularly establish, modify the present agreement or other regulations，and will publish announcements on the Website to notify the Users of any modification in the agreement. Users who don't agree with such modifications shall stop using the "service" immediately. The modified agreement will enter into effect immediately upon published on the Website. All published regulations also enter into effect and become part of this agreement. The Users accept the modified agreement by logging in and continuing using such "service". Except otherwise expressly stated, any new content amplifying or upgrading the "service" scope shall be bounded by the agreement. This service agreement entered into legal effect between the Users and Pony Media upon confirmation by the Users. Please read the entire text carefully before registration and consult Pony Media with any questions. 1）Whether or not the Users have carefully reviews the agreement before registration, their action of checking the "I already read the agreement and I agree" box above the text and clicking on the "Registration" button to successfully register as Users according to the Registration Procedure established by Pony Media will be understood as the Users have agreed to and signed this service agreement. 2）Upon placing an order, you confirm that you have the appropriate civil and political right ability and behavior ability, and you claim responsible for the authenticity of the provided information.
II.Introduction of Service
The Website provides service to the Users with its own operational system through International Network. Meanwhile, the Users should:
(1) Gain access to Internet connected equipments, including personal computers, modems and other necessary Internet devices.
(2) Pay on their own account the cost of Internet service fees and related phone charges.
Based on the importance of the service provided by the Website, the Users shall agree to:
(1) Provide complete, accurate and true personal information;
(2) Constantly update registration information to comply with timely, complete, accurate and true information requirements;
(3) When the Users are using the Website service, participating the events or visiting the web pages, the Website will automatically receive and record the server data on their browsers, including, but not limited to, IP addresses and webpage history.
(4)The Website will achieve personal information of the Users from commercial partners via legal channel. The Website will not reveal User information including true name, address, email address, phone number and nick name, except for the following situations:
(1) The Users authorize in writing that the Website can reveal their personal information.
(2) Per provisions of laws, regulations or requested by administrative or judicial institutions, the Website will reveal the above information to third parties, administrative or judicial institutions.
(3)In need to reveal to third parties due to the User's incompliance with Chinese laws or the policies of the Website;
(4) In order to provide the requested service or product, the Website need to share with third parties the personal information of the Users.
(5) Other disclosures that the Website considers appropriate according to laws or the Website policies. The Website provides specific service items according to practical situations.
(1)Provide performance tickets, tourism entrance ticket, movie tickets, online seat selection, SMS/email notifications, etc..
(2)Wenba, personal photo, article and online chat, etc..
Service Interruption and Termination:
Damai.cn reserves the rights to change, suspend or terminate part of the online service, as well as the right to adjust the service items and forms according to real situations. Damai.cn disclaims the responsibility for losses of the Users caused by service adjustment. The Users agree that Damai.cn has the full right to terminate the "service" password, account (or any part of them) or the use of service by the Users, as well as to delete (or stop storing) the data provided by the Users during the use of service for any reason that Damai.cn considers appropriate (including but not limited to confirming that the User has violated the literal interpretation or the spirit of the agreement, or has behaved against the literal interpretation or the spirit of the present agreement). Damai.cn also has the full right to terminate the "service" or any part of it with or without published notification. Also, upon termination of the account, Damai.cn is no longer bounded by the obligation to preserve any information related to the terminated account, or to forward to the User or third parties any unread or unsent messages. Moreover, the Users agree that Damai.cn is not responsible to the Users or any third party for the termination of Users' access to the "service".
If the User chooses to cancel his Damai.cn registered account, Damai.cn shall review the application and cancel the account, thus terminating the agreement relationship between the User and Damai.cn. Damai.cn shall be exempt from all liabilities after the termination of the service relationship. However, Damai.cn reserves the following rights after the account cancellation:
(1)After the account cancellation, Damai.cn can preserve the registered information and previous operation history of the User.
(2) After the account cancellation, Damai.cn may execute the rights stipulated in the agreement in case that the User has behaved illegally or against the agreement provisions before the cancellation. In the following situations, Damai.cn can terminate the service by cancelling the user account:
(3) Damai.cn is entitles to terminate service to the User when the User has violated the agreement provisions.
(4) In case that Damai.cn discovers the contact information invalid and has notified the User through other methods, if the User can't provide effective contact information within one month, Damai.cn has the right to terminate the service.
(5) Upon discovering the main content of registration information false, Damai.cn has the right to terminate at any time providing service to the User.
(6) Upon termination or updates of the agreement, the Users expressly refuse the new agreement.
(7) Other situations when Damai.cn deems it necessary to terminate the service.
III. Price and Quantity
The Website warrants that the price of your purchase matches the price published on the Website.
The prices and availability of products will be displayed on the Website, and will be modified constantly according to the situation.
You are entitled to cancel the order when the requested product is in short supply.
The particular sale of the tickets will affect their secondary sales, therefore the Website doesn't accept returned purchase.
IV.Delivery and Costs
The Website provides home delivery and self pick-up options for the delivery of tickets. Self pick-up will not provoke delivery and costs. When choosing home delivery, please fill in your true name, delivery address and contact information in an accurate and clear way. The Website will not be liable for delivery delays caused by the following reasons:
(1)False or less detailed information provided by the customer.
(2) Additional costs and relevant consequences caused by repeated delivery due to non-presence of the recipient.
(3)Force Majeure: for instance, natural disaster, traffic control and war breakout.
V. Account, Password and Security
Upon successful registration, the User will become the legal user of the Website and receive an account and password. You can make changes to the password freely. You are responsible for maintaining the confidentiality of your account and password and shall not leak to others. Please notify the Website when noticing any illegal use of your own account.
VI.Regulations for Speech
The Users of Damai.cn have the free right of speech as well as the right to adequately modify and delete their own published articles.
The Users shall not publish the speeches in this community which:
(1) incite the resistance or destruction against Constitution, laws and administrative regulations implementation;
(2) incite the overthrow of state power or the socialist system;
(3) provoke to disunite the country and undermine the state unity;
(4) incite hatred or discrimination among nationalities or harm the unity of the nationalities;
(5) include any racial, gender, religious or regional discriminations;
(6) fabricate or distort facts, spread rumors to disturb the social order;
(7) spread feudal superstition, obscenity, pornography, gambling, violence, murder and terrorism or abet a crime;
(8) openly insult, fabricate facts to slander, or maliciously attack other people;
(9) damage the reputation of state organs;
(10) other speeches against the Constitution, laws and administrative regulations.
Besides this article, the Users shall also observe the provisions of the forum where they post articles. No advertisement shall be posted without the authorization of Damai.cn.
The Users promise to use Damai.cn in conformity with national laws, regulations, provisions of Damai.cn as well as public benefit and social moral. The Users shall assume independently and on their own account all related legal responsibility should there exist any violation to legal provisions.
The Users agree not to exploit for any commercial purpose the data on Damai.cn, including, but not limited to, reproducing and divulging the data shown on Damai.cn without prior written approval of the Website.
The Users agree to receive email and messages from Damai.cn and its cooperation partners.
VII.Ownership of the Network Service Content
The Network Service Content of the Website is defined as follows: all content included in the text, software, audio clips, images, videos, graphics and advertisement; all content included in emails; other information provided by the Website to its Users. All the above content is under protection of relevant copyright, trademark, logo and other property ownership laws. Thus, the Users can only use the content with authorization of the Website and advertisement agencies, and shall not reproduce, copy the content or create derived content. The copyright of all articles posted in the Website is shared by the author and the Website, and any reprinting shall have the authorization of both parties.
VIII. Liability Limitation
The Website shall not be responsible for the transaction failure or the information and record missing caused by the sales system collapse or failure of normal function due to Force Majeure or other causes out of control of the Website. The Website will assist to deal with the consequences and avoid the economic losses of the Users to the possible extent.
The Users expressly understand and agree, that Damai.cn will not be responsible to compensate any damages caused by the following situations, including, but not limited to, losses in profits, commercial reputations, utility, data or other intangible loss (whether or not Damai.cn has been noticed about the possibility of compensation claim):
(1) Unauthorized access of third parties and changes of transmitted data of the Users caused thereby;
(2) Statement or action regarding the "service" by third parties; or other "service" related issues not caused by Damai.cn, including neglect.
(3) Special declaration about stadium reservation. If, for reasons of Force Majeure (including governmental actions), the stadium isn't available as reserved or the order on Damai.cn can't be executed, Damai.cn will bear no responsibility other than returning the unconsumed fee. Damai.cn will not assume liability in claims or disputes for any accidental or sport injuries in the stadium.
IX. The User expressly understand and agree to compensate Damai.cn (including attorney fees) for all losses and claims from third parties due to the violation of relevant laws or provisions of this agreement by the User.
The legal jurisdictions, establishment, execution, interpretation and dispute resolution of the present agreement are all subject to Chinese laws.
If there is a conflict between the service terms of the Website and Chinese laws, the specific term shall be explained according to the legal regulations, while the rest of the terms remain valid and have legal effects.
The provisions of the agreement are separable, in case that any provision is determined invalid or non executable, the same provision can be deleted and other provisions shall be executed. Any disputes between both parties with regard to the content or the execution of the agreement shall be settled through friendly consultations; in case of failure consultation, each party may file a lawsuit before the people's court of the jurisdiction to which Beijing Pony Media and Cultural Development Ltd. belongs.