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111xian.net Member Service Agreement


111xian.net Member Service Agreement

Updated on: November 6 , 2018

Edition: 2018V1E

Welcome to 111xian.net (domain name: 111xian.net), a website operated by Beijing Pony Media Culture Development Co., Ltd. and its affiliates (hereinafter referred to as "111xian.net"). Before enjoying the services offered by 111xian.net, please carefully read and understand this 111xian.net Member Services Agreement (hereinafter referred to as "this Agreement"). Please pay particular attention to the underlined clauses on protection of members' personal information, scope of liability and exemptions, governing law and jurisdiction, etc.

 

I. Confirmation and Acceptance of this Agreement

1. After you fill in the information and agree to the contents of this Agreement following the prompts on the registration page, this Agreement will be established between you and 111xian.net and take legal effect forthwith; and at the same time you will become a member of 111xian.net. If you are a minor, please carefully read this Agreement in the company of your legal guardian. You and the legal guardian shall bear liability according to laws and this Agreement.

2. To enjoy the services provided by 111xian.net, you need to agree to the corresponding service clauses in this Agreement. If you have any question on this Agreement, please feel free to, at any time, make an inquiry through 111xian.net's customer service (tel.: 400-610-3721; 1010-3721). 111xian.net will explain to you the relevant contents of this Agreement. If you disagree to, fail to accurately understand or object to the contents of this Agreement, you have the right to stop the member registration process forthwith and refuse to accept any service, including ticket purchase, provided by 111xian.net.

3. The contents of this Agreement include the text hereof and various clauses, restrictions and requirements which 111xian.net has published or may publish in the future and has notified by reasonable ways. The foregoing clauses are supplemental terms to this Agreement and have the same legal effect as this Agreement. 111xian.net has the right to, based on the promulgation or revision of the relevant laws and regulations, the requirements of competent authorities, changes to the service methods, etc., alter the contents hereof at its discretion. Given the fact that 111xian.net has many members and their contact information may change from time to time, you understand and agree that 111xian.net will notify any changes to this Agreement through an announcement or pop-up, and such change will 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 111xian.net.

 

II. Brief Introduction to the Services

1. You may check the names, time and venues of and actors/players in related performances/competitions (hereinafter collectively referred to as the "Events") on 111xian.net, choose the session you prefer, and conduct a transaction.

2. Before selling tickets of the Events, 111xian.net will conduct its due diligence, and examine the administrative approvals for the Events and the relevant licenses and qualifications of the sponsor/organizer. Please note that, for projects other than those sponsored by 111xian.net, 111xian.net is not able to fully identify whether the materials and documents are authentic or not, and 111xian.net, 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 could 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 111xian.net or special Events will require you to complete real name authentication, otherwise, due to legal provisions or relevant requirements, 111xian.net will fail to provide you with corresponding services or Events for you to attend.

4. You may post and share comments on performances/competitions and other Events and create topics, upload pictures, videos, etc. on 111xian.net. 111xian.net hereby solemnly asks you to note that 111xian.net only provides information storage space service, and the providers shall be liable for any text, music, pictures, graphs, videos or other materials released or uploaded via 111xian.net (hereinafter referred to as the "Contents"). In no case shall 111xian.net be responsible for any Contents, but 111xian.net has the right to, in accordance with the law, mask 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. 111xian.net 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 specific services and the methods of providing those services. 111xian.net will try its best to announce such adjustments 3 months in advance.

2. After receiving a notice from an administrative or judicial organ, such as public security authorities, procuratorates or courts, 111xian.net may forthwith suspend or freeze your account with 111xian.net and the account balance (if any), until 111xian.net receives from the said organs a written notice requiring termination of the foregoing measures.

 

IV. Your Account

1. After becoming a member of 111xian.net, you will have the right to, at any time, change your account password; meanwhile, you are obligated to carefully keep and use the account password.

2. You must be responsible for keeping your account name, nickname and password confidential, and be responsible for all activities which take place 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 111xian.net, for the purpose of providing services, 111xian.net 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 on 111xian.net. 111xian.net shall take no responsibility for any loss or damage that arises out of your failure to comply with this clause. You understand that it will take a reasonable period of time for 111xian.net to take actions upon your requests and 111xian.net will not be liable for consequences incurred before 111xian.net takes any such actions (including but not limited to any loss caused to you);

(3) If you discover any unauthorized use of your account name, nickname or password, etc., you may immediately notify 111xian.net and authorize 111xian.net to take corresponding restrictive actions; 111xian.net shall not be liable for any loss or consequence resulting from your disclosure of your account information or being attacked, defrauded by others. You should claim for compensation against the tortfeasor through judicial, administrative or other remedies;

(4) Unless otherwise provided by laws and regulations or a judicial judgment and with the consent of 111xian.net, your 111xian.net account may not be transferred, gifted or inherited in any way (except property rights and interests related to the account).

3. 111xian.net has 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 111xian.net will be deemed as your consent of the foregoing arrangements.

 

V. Protection of Members' Personal Information

1. 111xian.net attaches great importance to protection of your personal information. When using the services provided by 111xian.net, you agree that 111xian.net can collect, use, share, store and protect your personal information according to the Terms of Privacy Policy published. 111xian.net intends to, through the Terms of Privacy Policy, clearly explain to you how 111xian.net handles your personal information. Therefore, 111xian.net suggest that you fully read the Terms of Privacy Policy so as to help you better protect your personal information.

2. You represent and warrant that you have legitimate rights to the information posted by you, otherwise 111xian.net has the right to, according to the law or this Agreement, delete or mask the information posted by you. You shall ensure that the information posted by you does not include any Contents which:

(1) violate any of the prohibitive provisions of national laws and regulations;

(2) are related to political propaganda, feudalistic superstition, obscenity, pornography, gambling, violence or terrorism or instigate any crime;

(3) are deceitful, false, inaccurate or misleading;

(4) infringe upon the intellectual property rights of others or involve any trade secret or other proprietary right of any third party;

(5) insult, defame or threaten others, or involve the privacy of others, or otherwise harm the legal rights and interests of others;

(6) contain any virus, trojan, crawler or other malicious software or program code which may harm, alter or delete any system of 111xian.net or affect the proper functioning of any system of 111xian.net, or, without authorization, secretly obtain the data and personal information of 111xian.net and other members; or

(7) violate the public interests or public morals, or, according to relevant agreements and clauses of 111xian.net, are not suitable to be posted on 111xian.net.

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 Terms of Privacy Policy. "Affiliates" is an umbrella term for the operators of entities owned by 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 of the contents provided by 111xian.net via its services (including but not limited to web pages, interface designs, page frameworks, texts, audios, videos or other materials) are owned by 111xian.net or relevant right holders. Except as otherwise agreed, the copyright, patent and other intellectual property rights of the software, systems, etc. based on which 111xian.net provide services shall also be owned by 111xian.net. Without prior written consent of 111xian.net, you shall not delete, cover or change the copyright statement, trademarks or other statements of 111xian.net, or display or use the trademarks of 111xian.net in any way.

2. For the Contents uploaded to or posted on 111xian.net, you shall guarantee that you are the copyright owner of the contents posted (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 Damami.cn and its affiliates a worldwide, entirely free, irrevocable, permanent and sub-licensable license to use all Contents mentioned above. Specifically, this may include:

(1) duplicating and translating the foregoing Contents, or including the same into the works, media or technologies currently known by or developed in the future by 111xian.net for development of relevant functions of 111xian.net, advertising and publicity, etc.;

(2) authorizing the radio stations, TV stations, online media outlets, operator platforms and other media outlets or operators as 111xian.net's partners to broadcast and spread the foregoing Contents, for relevant advertising and publicity efforts of 111xian.net, etc.;

(3) other acts of use which 111xian.net and its affiliates perform out of bona fide or after obtaining your license.

Your grant of the foregoing license to 111xian.net and its affiliates does not change the owner of intellectual property rights of the Contents posted by you, nor does it affect your exercise of your legitimate rights to the Contents posted by you.

2. You know, understand and agree that 111xian.net and its affiliates can examine, delete and revise the Contents you posted.

3. 111xian.net has the priority to cooperate with you in respect of the Contents uploaded to or posted on 111xian.net.

4. You promise and warrant that the Contents you posted do not contain any information which: 

(1) violates the basic principles established in the Constitution;

(2) endangers the country, leaks any national secret, subverts state power or undermines national unity;

(3) harms the national honors and interests;

(4) stirs up ethnic hatred, or ethnic discrimination, and undermines unity among the ethnic groups;

(5) harms the national policies on religions and advocates any cult or feudal superstition;

(6) spreads any rumor, disturbs the social order, and undermines social stability;

(7) spreads any obscenity, pornography, gambling, violence, murder, terrorism, or instigates any crime;

(8) insults or defames any other person, or harms the legal rights of others;

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

(10) contains other contents restricted or prohibited by China's laws, regulations, (departmental) rules and any legally valid norms;

(11) infringes upon any copyrights, patents, trademark rights, trade secrets or other proprietary rights of others; or

(12) in the opinion of 111xian.net, is not suitable to be shown on 111xian.net.

 

VII. Scope of Liability and Exemptions

1. You expressly understand and agree that, as the ticket agent for performance / competition Events, 111xian.net shall not bear any liability other than those expressly provided by law. In case of any dispute between you and an event sponsor, Damami.cn will use its best endeavors to coordinate the matter and protect your interests, but cannot guarantee that the result of such coordination will meet your expectations. 111xian.net has no right to deal with such disputes.

2. 111xian.net shall not be liable for your losses, unless the losses are caused entirely and solely by an intentional act or negligence on the part of 111xian.net.

 

VIII. Compensation

111xian.net respects the legitimate rights and interests (including intellectual property rights, reputation right and right of goodwill) of others, and appeals to you to do the same. You expressly understand and agree that, in case that 111xian.net suffers any loss, or is required to pay compensation by any third party, or is punished by any administrative authority resulting from your violation of relevant laws and regulations or the clauses hereof, 111xian.net shall be entitled to take corresponding actions to require you to stop the infringement, including but not limited to terminating your use of your account and deleting the contents which are against the regulations, and will have the right to require you to compensate for the loss or losses thus sustained by 111xian.net.

 

IV. Force Majeure

Where, due to force majeure or other reasons beyond the control of 111xian.net, 111xian.net's ticketing distribution system collapses or cannot be used normally and in consequence online transactions cannot be completed, relevant information records are lost, services have to be terminated, etc., except as otherwise expressly provided by law, 111xian.net shall not be liable therefor; in addition, 111xian.net will, to the greatest extent possible, provide reasonable assistance in handling the aftermath, and endeavor to protect you from any economic loss.

 

X. Governing Laws and Jurisdiction

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

2. Governing laws and jurisdiction. The execution, performance and interpretation of, and settlement of disputes related to this Agreement shall be governed by Chinese laws. Any dispute arising from, out of or in connection of this Agreement shall be settled by the Parties through friendly negotiation. If the dispute cannot be resolved through negotiation, either Party may lodge a lawsuit with the people’s court where Beijing Pony Media Culture Development Co., Ltd. is located.

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