Damai User Service Agreement

Welcome to visit Damai Web (domain name: Damai.cn), Damai mobile phone client (Damai APP), H5 and mini programs (collectively referred to as “Damai”) operated by Beijing Damai Culture Media Development Co., Ltd. (hereinafter referred to as “Our Company”). Before you use the various services provided by Damai, please carefully read and understand the Damai User Service Agreement (hereinafter referred to as “this Agreement”). Please pay special attention to the terms that are prominently marked in bold in the content of this Agreement.

I. Confirmation and acceptance of this Agreement

1.   When you complete the information filling as prompted on the registration page and agree to the content of this Agreement, this Agreement will be established and become legally binding between you and our Company.

2.   In order for you to use the various services provided by Damai, you need to agree to the service terms corresponding to the services you have chosen under this Agreement (including but not limited to the Ticketing Service Terms and any other service terms that may be added later). If you are under 18 years old, you need to register and use the various services provided by Damai under the supervision of a guardian. Your order placement is considered to meet the aforementioned conditions, and you and your legal guardian shall bear liabilities in accordance with the law and the provisions of this Agreement.

If you have any questions about this Agreement, you can inquire at any time through Damai's customer service (call: 400-610-3721; 1010-3721), and Damai will explain the relevant content of this Agreement to you. If you have different views, are unable to accurately understand, or have opposing opinions to the content of this Agreement, you have the right to immediately stop the user registration process and refuse to accept any services provided by Damai.

3.   The content of this Agreement includes the main text of the Agreement and all types of terms, restrictions and requirements that Damai has published or may publish in the future and notify through reasonable routes. The aforementioned items are supplementary to this Agreement and have the equal legal effect as the main text of this Agreement. Damai has the right to change the content of this Agreement at its discretion according to the introduction or amendment of relevant laws and regulations, requirements of competent departments, and changes in the method of service. You understand and agree that any changes to this Agreement will be notified by Damai in the form of publication of announcements or pop-up windows. For your convenience browsing and check, Damai may display the same updated version in multiple places within the Damai APP or ask you to confirm it many times, but the updated version will still take effect from the date of your first confirmation and consent. If you do not agree to the changes in the relevant terms, you have the right to immediately terminate the use of Damai's services. Your continued use is considered as awareness of the changes and agreement to accept them.

II. Introduction to services

1.   You can inquire about the name, time, location, cast/athlete lineup and other related information of performances/competitions (hereinafter collectively referred to as “events”) on Damai, and then choose the event sessions you intend to attend and book tickets.

2.   Before each event goes on sale of tickets, Damai will fulfill its due diligence by reviewing the administrative approval procedures and relevant licenses and qualification documents of the organizers/hosts of each event. Please note that for events not hosted by Damai, Damai does not have the ability to fully verify the authenticity of the documents, and Damai only serves as a channel for you to choose the type of event, purchase tickets and obtain related promotional information. Damai cannot guarantee or control the timely holding of the event or its quality.

3.   According to the provisions of relevant laws and regulations or the requirements of administrative departments for special events, some of Damai's services or special events will require you to undergo real-name authentication; otherwise, Damai will be unable to provide the corresponding services due to legal provisions or related requirements.

4.   In addition to ticket booking, you can also buy other products or services via Damai, including purchasing derivatives, valuable coupons, membership cards, etc. The content, provider information and related rules of specific products and services are subject to the provisions shown on pages.

5.   You can post and share comments on performances/competitions and other events on Damai, and post topics, upload images and videos, etc. on Damai. Damai hereby solemnly reminds you that Damai only provides information storage space services, and the content provider shall be responsible for any text, music, images, graphics, videos or other materials (hereinafter referred to as “content”) published or uploaded via Damai. Under no circumstances shall Damai be responsible for any content, but Damai has the right to stop displaying any of the aforementioned content according to the law and take corresponding actions, including but not limited to saving relevant records and reporting to relevant authorities.

III. Change, interruption and termination of service

1.   Damai reserves the right to change, interrupt and terminate all or part of the services and the right to adjust the types, content and forms of services provided at any time according to the actual situation. Damai will announce any adjustment as much in advance as possible. If Damai terminates any service, it will publicize the relevant information at least thirty days in advance.

2.   In the case of receiving notifications from administrative or judicial authorities such as public security, procuratorial or court, Damai may immediately temporarily interrupt or freeze your account and balance (if any) in the account registered on Damai until it receives a written notice of rescission from the aforementioned authorities.

IV. About your account

1.   After you become a registered user of Damai, you have the right to change your account password at any time and you also have the obligation to carefully preserve and use your account password.

2.   You are responsible for keeping your account name, nickname and password confidential and you must be responsible for all activities that occur under that account name, nickname and password (including but not limited to information disclosure, posting information, online clicking to agree or purchase services, etc.). You agree that:

(1) After you become a registered user of Damai, for the purpose of the service, Damai may collect your personal information such as your name, gender, birthday, email address, bank card number, delivery address, etc.;  

(2) You will ensure that you leave the website with the correct procedure at the end of each internet session. Damai cannot be responsible for any loss or damage that occurs because you fail to comply with this provision. You understand that it takes reasonable time for Damai to take action on your requests and Damai is not responsible for any consequences (including but not limited to any of your losses) that have already occurred before taking the action;  

(3) If you find that anyone is using your account name, nickname and password without authorization or in other situations, you can immediately notify Damai and authorize Damai to take corresponding restrictive actions. Damai is not responsible for the losses and consequences caused by your active disclosure or due to your being attacked, defrauded, or otherwise by others. You should seek compensation from the infringer through judicial, administrative or other remedies;  

(4) Unless there is a legal provision or judicial decision and with the consent of Damai, your Damai account shall not be transferred, gifted or inherited in any way (except for property rights related to the account).

3.   You must ensure that you are not the target of trade restrictions, economic sanctions or other legal restrictions imposed by any country, region or international organization and you have not directly or indirectly provided funds, products or services to the aforementioned targets. Otherwise, you should stop using Damai's services and you understand that violating the aforementioned requirements may result in your inability to register and use Damai's services normally.

4.   Damai may change or add the performing entity based on the needs of the service. If you continue to use Damai's services, it is deemed that you agree to the changed entity or the newly added entity as the counterparty to perform the contract with you.

V. Protection and management of personal information

1.   Damai attaches great importance to the protection of your personal information. When you use the services provided by Damai, you agree that Damai collects, uses, shares, stores and protects your personal information in accordance with the published Right to Privacy Policy. Damai hopes to clearly present to you the way Damai handles your personal information through the Right to Privacy Policy, so Damai recommends that you read the Right to Privacy Policy in its entirety, to help you better protect your personal information.

2.   You declare and guarantee that you have legal rights to all the information contained in the username, nickname and profile you use in your registration. Otherwise, Damai may delete or shield your username, nickname and profile. You should ensure that the username, nickname and profile you set do not contain the following:

(1) The real names, styles or pseudonyms, stage names or pen names of Party and state leaders or other social celebrities;  

(2) Impersonating the names of state institutions or other institutions; uncivilized, unhealthy fields, or containing discriminatory, insulting or obscene words;  

(3) Easy to produce ambiguity, causing misunderstandings to others or not in compliance with legal provisions;  

(4) Stealing other people's avatars or information, impersonating or using others' names;  

(5) Infringing on others' rights of portrait, copyright, trademark rights, trade secrets or other exclusive rights;  

(6) Mandatory, inductive, deceptive information, illegal transaction information;  

(7) Other information restricted or prohibited by Chinese laws, regulations, (departmental) rules and any norms with legal effect;  

(8) Other information that may harm the interests of the platform and other users.

3.   To better serve you, Damai may share your personal information with related companies; we will only share necessary personal information and is subject to the Right to Privacy Policy; related companies refer to the companies related with our Company as disclosed in the latest annual report of Alibaba Group Holding Limited, including the operators of websites and client applications such as Taobao Web (domain name taobao.com), Tmall (domain name tmall.com), Xianyu (domain name 2.taobao.com), etc.

VI. Intellectual property rights

1.   The content provided by Damai in its services (including but not limited to web pages, interface designs, layout frameworks, text, audio, video, images or other materials, etc.) and other intellectual property rights belong to Damai or the relevant right holders. Unless otherwise agreed, the copyright, patent rights and other intellectual property rights of the software, systems, etc., relied upon by Damai in providing this service belong to Damai. Without Damai's prior written consent, you are not allowed to delete, cover or modify Damai's copyright statement, trademarks or other rights statements without authorization, and not allowed to display or use Damai's trademarks in any way or dispose it in any other way.

2.   The content you upload or post on Damai should ensure that you are the copyright owner of the content you post (including but not limited to text, images, videos, etc.) or have obtained legal authorization and that the content does not infringe upon the legitimate rights and interests of any third party. You agree to authorize Damai and its related companies to use all the above content globally, completely free of charge, irrevocably, without time limit and sub-licensable. Specifically, it may include:

(1) Copying, translating and compiling the aforementioned content into works, media or technologies currently known or developed in the future by Damai, for the development or promotion of Damai-related purposes;  

(2) Authorizing radio stations, television stations, online media, operator platforms and other media or operators cooperating with Damai to play, broadcast and disseminate the aforementioned content for Damai-related promotion;  

(3) Other uses by Damai and its related companies in good faith or with your separate authorization;  

Your aforementioned authorization to Damai and its related companies does not change the ownership and intellectual property rights of the content you post, nor does it affect your exercise of legal rights to your own posted content.

3.   You acknowledge, understand and agree to authorize Damai and its related companies to review, delete or reduce and modify the content you post.

4.   Damai has the priority cooperation right for the content you upload or post on Damai.

VII. Prohibited content and behaviors

1.   Prohibited content

You understand and promise that you bear full responsibility for the content you post, upload or transmit. All users are prohibited from posting, reprinting or transmitting information containing any of the following on any Damai page. Otherwise, Damai may delete or block the information you post according to law or the provisions of this Agreement. The prohibited content includes but is not limited to:

(1) Opposing the fundamental principles enshrined in the Constitution;

(2) Endangering national security, leaking state secrets, subverting state power or undermining national unity;

(3) Damaging the honor and interests of the nation;

(4) Inciting ethnic hatred, ethnic discrimination or undermining national unity;  

(5) Undermining national religious policies, promoting cults and feudal superstition;

(6) Spreading rumors, disrupting social order or undermining social stability;  

(7) Spreading obscene or pornographic content, gambling, violence, murder, terrorism or instigating crime;

(8) Contents that are false, fraudulent, harmful, coercive, infringing on others' privacy, harassment, infringement, defamation, vulgar, obscene or other morally offensive content;

(9) Insulting or defaming others, infringing on others' legitimate rights;

(10)      Contents infringing on others' rights of portrait, copyright, trademark rights, trade secrets or other exclusive rights; 

(11)      Other contents restricted or prohibited by Chinese laws, regulations, (departmental) rules and any norms with legal effect; 

(12)      Other content deemed by Damai as unsuitable for display on Damai.

2.   Prohibited behaviors

You understand and promise not to engage in the following prohibited behaviors on our platform services, nor allow anyone to use your account to engage in the following behaviors. Otherwise, Damai may take measures including but not limited to canceling orders, freezing accounts, restricting the use of some account functions, terminating services and canceling accounts to stop such behaviors and eliminate related adverse effects, and reserve the right to pursue legal responsibilities with relevant users. These prohibited behaviors include but are not limited to:

(1) Harming in any way the legitimate rights and interests of others;  

(2) Impersonating any others or institutions or falsely stating or claiming to be related to others or institutions;  

(3) Intercepting, tampering with, collecting, storing or deleting other people's personal information, transaction orders, comments, messages or other data without legal authorization or using such information obtained for any illegal or improper purpose;  

(4) Posting or disseminating the prohibited content mentioned in the Paragraph 1 above;

(5) Posting or disseminating “promotional materials”, “discount information”, “scarce ticket inventory”, “advertising letters” or persuasive materials in any other form;  

(6) Using Damai platform services for any commercial purpose or for the benefit of any third party without Damai's explicit permission;  

(7) Releasing, sending or transmitting in other form the computer viruses designed to interfere with, destroy or restrict the software, hardware or communication device functions of normal ticket booking order or platform ecology;  

(8) Interfering with or disrupting Damai's services or the servers and networks connected to the services or violating any information security regulations, procedures, policies or norms related to Damai;  

(9) Cheating, malicious cashing out, fake transactions, bulk registration, brushing orders, brushing points/coupons, disrupting/damaging systems, using machine-simulated clients, network attacks or other improper behaviors;  

(10)      Reverse engineering, reverse assembling or compiling on Damai or attempting to discover the source code of Damai in any other way;

(11)      Using any plugins, add-ons, systems or third-party tools to interfere with, destroy, modify or otherwise affect the normal operation of Damai, including but not limited to using any automated programs, software or similar tools to access Damai;

(12)      Attempting to probe, scan, or test the weaknesses of Damai's systems or networks without permission or other activities that undermine network security;  

(13)      Illegal activities that endanger network security, such as hacking into networks, disrupting normal network functions, and stealing network data;

(14)      Other behaviors restricted or prohibited by Chinese laws, regulations, (departmental) rules and any norms with legal effect; 

(15)      Other behaviors that may harm others or the interests of the Damai platform.

VIII. Scope of liability and disclaimer

1.   You clearly understand and agree that as a ticket agent for performances/ competitions, Damai does not assume liabilities beyond what is explicitly stipulated by law. If a dispute arises between you and the organizer, Damai will try its best to coordinate and handle the situation to protect your interests, but cannot guarantee that the coordination results will meet your expectations and Damai has no right to handle the dispute.

2.   Except for situations caused intentionally or negligently by Damai alone, Damai is not liable for your losses.

IX. Compensation

Damai respects the legal rights and interests of others (including intellectual property rights, reputation rights, goodwill rights, etc.) and calls on you to do the same. You clearly understand and agree that if you violate relevant laws and regulations or the provisions of this Agreement, causing Damai to suffer any losses or being pursued by third parties or any administrative penalties, Damai has the right to take corresponding actions to terminate the infringement, including but not limited to terminating your use of the account, deleting non-compliant content, etc. and has the right to demand compensation from you for the losses suffered by Damai as a result.

X. Force majeure

If Damai's sales system crashes or cannot be used normally due to force majeure or other reasons beyond Damai's control, leading to the inability to complete online transactions, loss of relevant information records or forced termination of services, Damai is not liable unless otherwise explicitly provided by law. In addition, Damai will assist in handling the aftermath as reasonably as possible and strive to prevent you from suffering economic losses.

XI. Application of law and jurisdiction

1.   The terms of this Agreement are severable. If any term of this Agreement is ruled to be invalid or unenforceable, that term may be deleted and the remaining terms shall be enforced.

2.   The formation, execution, interpretation and resolution of disputes under this Agreement shall be legally governed by and construed in accordance with the laws of China. If any dispute arises between the parties regarding the content or execution of this Agreement, both parties shall endeavor to resolve it amicably through consultation; if consultation fails, either party may file a lawsuit with the People’s Court of Dongcheng District in Beijing where our Company is located.

Date of updating: March 19, 2024

Effectiveness date: March 26, 2024



Appendix: Previous version of Damai User Agreement