TERMS AND CONDITIONS OF DAMAI CHINESE TV SERVICE
This agreement ("Agreement") is between Damai Chinese TV and an end user ("you," or "Customer) of Damai IPTV products and services in North America, including any connection device or equipment related to such service (“Damai Chinese TV” or "Service"). All Services are governed by the terms and conditions of this Agreement.
ADDITIONAL OR CONFLICTING TERMS AND CONDITIONS ON ANY DOCUMENT RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT ARE HEREBY REPLACED BY THIS AGREEMENT.
The rates and charges for the Service, which may be found at www.Damai.tv, are effective as of August 15, 2015 and are subject to change. For your most current rates and charges, the most current version of the Agreement, or if you have questions about your services, please visit our website at http://www.Damai.tv.
- Authorized User, Use and Responsibility
- Equipment – Deposit - Repair
- Money Back Guarantee - Trial Period - Cancellation Policy
- Service – Usage
- Billing, Charges and Payment
- Termination of Service
- Charges for Changes in Plans
- Changes to the Agreement, Services or Plan
- Cancellation – Recovery of Discounts - Early Termination Fee – Deactivation Fee
- Technical Support - Disruption of Service
- Programming – Disclaimer
- Limitation of Liability, Warranty and Indemnification
- Governing Law and Dispute Resolution
- Force Majeure
- Entire Agreement
Service is offered on a monthly or an annual basis beginning on the date Customer activates service and continues for the duration of term described in the Service Plan selected by Customer. The Service is automatically renewed for the same Plan and Term unless Customer provides Damai Chinese TV or its Agent notification of intent to terminate the Service prior to the end of a service month for a monthly Plan or not less than thirty (30) days prior to anniversary date of an annual Plan.
Authorized User, Use and Responsibility
Customer acknowledges that he or she has legal authority to enter into this Agreement and affirms that the information Customer supplies are accurate and complete. Customer understands that Damai Chinese TV and its Agent rely on the information Customer supplies and that incorrect information may cause provisioning or delivery delays or suspension or termination of Service. Neither Damai Chinese TV nor its Agent shall be responsible for such delays, suspension or termination. Customer agrees to promptly notify Damai Chinese TV or its Agent of any change in Customer's billing or personal information.
To provide Services, Damai Chinese TV or its Agent will provide a Set-Top Box and related equipment required to receive the Service ("Equipment"). All shipments of Equipment are F.O.B. Damai Chinese TV's shipping facilities. Customer agrees to pay Shipping and Handling Fees for Equipment shipped to Customer.
For customers in the United States, Damai Chinese TV:
You shall be the owner of the Equipment when it is shipped from Damai Chinese TV's facility, and bear all risk of loss for theft, casualty, or damage to the Equipment from the time it is shipped to you until the time (if applicable) that it is returned by you and accepted by Damai Chinese TV. There is no equipment deposit when subscribing for Services. Damai Chinese TV will charge all Customers a Deactivation Fee in the amount of $69.95 when Customer disconnects the Service for any reason or Damai Chinese TV terminates the Service under the terms of this Agreement. If Customer returns the Equipment to Damai Chinese TV and the Equipment is accepted by Damai Chinese TV, the Deactivation Fee will be waived by Damai Chinese TV. Damai Chinese TV or its Agent will repair or replace defective Equipment if such defect is not caused by misuse, abuse or improper operation by Customer. Customer agrees not to change any serial number or Equipment identifier, or to alter any Equipment without the express written consent of Damai Chinese TV or its Agent. Customer is responsible to acquire at his or her sole expense all other equipment, devices, circuits, bandwidth, cable or wireless services or other devices or systems required by Customer to receive the Services. Damai Chinese TV or its Agent reserve the right to terminate Customer's service if you tamper with the Equipment and you will be responsible for all charges in the then current service period plus an Early Termination Fee and Deactivation Fees. Damai Chinese TV will repair or replace defective Equipment if such defect is not caused by misuse, abuse or improper operation by Customer. Customer shall pay Shipping and Handling fees for all shipping related to equipment and accessories.
Money Back Guarantee - Trial Period - Cancellation Policy
Damai Chinese TV offers a thirty (30) day trial period ("Trial Period") to new Customers for their first Damai Chinese TV account. The Trial Period commences on the "Activation Date". The Activation Date is the first to occur of the date that is seven (7) days after the date customer signs up for Damai Chinese TV. If Customer is not satisfied with the Service, Customer may terminate the Damai Chinese TV Service at any time during the Trial Period and obtain a refund of the monthly service fees or activations charges if applicable. If customer does not send the Damai Chinese TV box to Damai Cancellation Department within 7 days after calling to terminate service, or if Damai does not receive return packages within 15 days after cancellation date a Deactivation Fee at amount of $69.95 will apply. To obtain a Trial Period refund, Customer must: (a) Call Damai Chinese TV within thirty (30) days of the Activation Date at 1-888-681-4588 and obtain an Equipment return authorization and return address from Damai Chinese TV's customer care department, and (b) Mail the Equipment to Damai within seven (7) days after calling to terminate service (parcel must be post marked within the seven (7) day period) in its original condition including, all packing materials with bar codes intact, all parts and accessories, documentation and manuals and all other items originally shipped to Customer. Equipment returned to our local offices will not be processed. If Damai does not receive the returned Equipment within fifteen (15) days after the termination date, no refunds will be made to Customer; the Deactivation Fee of $69.95 will not be refunded to Customer.
Customer acknowledges that he or she has purchased Service under the plan selected by Customer ("Plan") for Customer's normal, personal, residential, non-business and non-professional use. Damai Chinese TV and its Agent reserve the right to immediately terminate Customer's Service, if Damai Chinese TV or its Agent determines, in its sole discretion, that Customer is using the Service for purposes other than normal residential purposes. Customer agrees to use the Service and Equipment only for lawful purposes. Customer agrees not to use the Services for any communication of any kind which in Damai Chinese TV or its Agent's sole discretion would constitute a criminal offense or otherwise constitute a violation of any local, state, federal or international law or encourage conduct which would violate any such law. Customer may not resell or transfer the Services or the Equipment to any other person without the prior written consent of Damai Chinese TV or its Agent, which consent may be withheld in Damai Chinese TV or its Agent's sole discretion.
Credit Card Payment. Upon purchase, Customer must provide Damai Chinese TV or its Agent a valid credit card number from an accepted issuer. Customer authorizes Damai Chinese TV or its Agent to charge the credit card number ("Credit Card") for all charges arising from Customer's use of the Services. Customer shall notify Damai Chinese TV or its Agent of any change to the Credit Card information including, without limitation, changes in account number, expiration date and billing address.
Activation Fee. After subscription for the Service, Customer will be charged an Activation fee on the Credit Card.
Invoicing. Damai Chinese TV or its Agent will provide Customer with a monthly on-line invoice for Services and bill all charges invoiced to Customer's account to the Credit Card. Charges shall include monthly/annual service fees, other usage fees, shipping/handling charges, applicable fees, surcharges, system access fees, and all other applicable charges. Such charges are in addition to your Damai Chinese TV service charges and will be billed to your account according to the plan or payment method you have selected. No such fees or charges shall be included in any refund under this Agreement.
All additional Services ordered by Customer will be charged on the Credit Card at the end of each of each service month. Billing for monthly/annual Service fees and other applicable charges commences upon purchase of Services, and the first month's monthly Service fees will be prorated to take into account any partial month of Service. Activation occurs when Customer's Equipment is registered to Damai Chinese TV's systems ("Activation").
Billing Disputes. Customer must dispute any charges for the Services within thirty (30) days of receipt of the monthly on-line invoice. Customer understands and agrees that Customer's failure to dispute any charges with the thirty (30) day time period constitutes a waiver of all claims to any dispute.
Late Payment - Non-Payment. If any charges for Services are due but unpaid for any reason including, without limitation, non-payment or declined Credit Card charges, Damai Chinese TV or its Agent may suspend or terminate the Services and all accrued charges shall immediately be due and payable, to include a late fee of the lesser of 1.5% or the maximum allowed by law. If charges cannot be processed to the Credit Card, Customer will be charged a fee of ten dollars ($10.00). Neither suspension nor termination shall relieve Customer from the obligation to pay all amounts owing under this Agreement.
Automatic Renewal. Monthly Service Plans are automatically renewed for the same Plan at the then prevailing subscription fee for an additional month unless Customer provides notice of cancellation prior to the end of any Service month. On or about the anniversary date of any annual Service Plan the plan will be automatically renewed for an additional one year term at the then prevailing annual Plan subscription fee by charging Customers Credit card of record, unless not less than thirty (30) days prior to the anniversary date, Customer provides Damai Chinese TV or its Agent notice of Customer's desire to cancel service or change to a different Service Plan or payment plan.
Taxes. Prices, fees surcharges and rates for Service and Equipment do not include customs duties, regulatory recovery fees, governmental surcharges, sales, use, value added, excise, federal, state, local, public utility or other similar regulatory and governmental fees and taxes. All such fees and taxes, which are applicable, shall be paid by Customer and will be added to any amounts otherwise owing by Customer under the Agreement. No such fees or taxes shall be included in any refund to Customer under the Agreement.
Credits. Customer acknowledges and agrees that the Services are provided "as is, where is". No credit allowances shall be made for interruption of Service.
Promotions. Damai Chinese TV or its Agent may, in its sole discretion, from time to time offer promotions or discounts on fees. Customer must enter any promotion or discount codes upon initial purchase of the Services.
Damai Chinese TV and its Agent reserve the right to suspend or discontinue providing the Service or Customer's Service at any time in its sole discretion. If the Service is terminated by Damai Chinese TV or its Agent, for any reason other than a breach or action of Customer, you will be liable for all charges accrued through the date of termination and a Deactivation Fee. If the Service is terminated as a result of a breach or other action of Customer, you will be liable for the entire month in which the termination occurs and Deactivation Fees. All such charges shall be immediately due and payable.
Damai Chinese TV or its Agent will charge Customer's Credit Card a Plan Change Fee if Customer chooses to change Plan from any Plan with a Monthly Fee lower than the former Plan or the change from an Annual Plan to a Monthly Plan.
Damai Chinese TV and its Agent reserve the right to change the Agreement, Services or Plan at any time ("Change"). Changes will be posted on www.Damai.tv thirty (30) days before the effective date of the Change. Notice is deemed received by Customer and Changes will be binding on Customer on the date such Change(s) is posted on the website. Customer is deemed to have accepted the Change(s) unless Customer terminates the Service prior to the effective date of the Change or uses the Service after the effective date of the Change. If Customer elects to terminate the Services, Customer will be liable for all amounts due. Customer may, at any time, request a change of Plan subject to charges associated with such change of Plan. Damai Chinese TV or its Agent may reduce its prices for Services or Plans without prior notice to Customer.
– Deactivation Fee
Customer may cancel the Service at any time. All outstanding charges and fees shall be immediately payable upon cancellation. Neither Damai Chinese TV nor its Agent will prorate or refund any remaining monthly or annual subscription fees upon cancellation prior to the end of any Plan term. If a Customer cancels the Service prior to the end of any contract period, Damai Chinese TV or its Agent will charge Customer's credit card in an amount to recover any promotional discounts, fee waivers or any other charges which were discounted or waiver as a condition of Customer's use of the Service. If a Customer cancels prior to the end of any contract period, an "Early Termination Fee" in the amount of $99 will be charged to Customer's credit card. If Customer terminates Service at the end of Plan Term, a Deactivation Fee in the Amount of $69.95 will be charged. If Customer returns the Equipment in good working order within 15 days after cancellation or termination, Damai Chinese TV will waiver the Deactivation Fee.
Damai Chinese TV or its Agent will provide technical support for Services and Equipment described in this Agreement during its normal business hours. In no event will Damai Chinese TV or its Agent be liable for any failure or interruption of Service resulting in part or entirely from circumstances beyond its reasonable control.
Customer acknowledges that Damai Chinese TV may be required to make reasonable modification to programming or the Service to comply with regulations, laws or production requirements beyond its control. Neither Damai Chinese TV nor its Agent assumes any liability for any program or information distributed over the systems unless locally produced by Damai Chinese TV. Neither Damai Chinese TV nor it Agent shall be responsible for any products, merchandise or prizes promoted on or purchased through the use of the Service, unless the product, merchandise or prize is provided directly by Damai Chinese TV or its Agent.
DISCLAIMER OF DAMGAES. NEITHER DAMAI CHINESE TV NOR ITS AGENT SHALL, IN ANY EVENT OR CIRCUMSTANCE, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR PROFITS, IN CONNECTION WITH CUSTOMER'S USE OF THE SERVICES OR EQUIPMENT PROVIDED UNDER THIS AGREEMENT.
NEITHER DAMAI CHINESE TV NOR ITS AGENT MAKES ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY ABOUT ITS SERVICES OR EQUIPMENT AND DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OR IMPLIED WARRANTIES OF MECHANTABILITY OR FITNESS FOR A PARTICLUAR PURPOSE OR USE. NEITHER DAMAI CHINESE TV NOR ITS AGENT HAS NOT AUTHORIZED ANY PERSON OR ENTITY TO MAKE WARRANTIES ON ITS BEHALF AND CUSTOMER MAY NOT RELY ON ANY STATEMENT AS A WARRANTY BY DAMAI CHINESE TV OR ITS AGENT.
NEITHER DAMAI CHINESE TV NOR ITS AGENT WILL BE LIABLE FOR ANY FAILURE OF PERFORMANCE DUE TO ANY CAUSES BEYOND ITS CONTROL OR FOR ANY POWER OUTAGE, INTERNET INTERRUPTION, EQUIPMENT FAILURE, DELAY IN INSTALLATION, ACTIVATION OR COMMENCEMENT OF SERVICE. WITH RESPECT TO ANY OTHER LEGAL CLAIM OR DISPUTE, THE LIABILITY OF DAMAI CHINESE TV OR ITS AGENT SHALL BE LIMITED TO THE LESSER OF ACTUAL DAMAGES OR ONE THOUSAND DOLLARS $1,000. NEITHER DAMAI CHINESE TV NOR ITS AGENT WILL BE LIABLE FOR ANY ACT OR OMISSION BY ANY OTHER PERSON OR ENTITY FURNISHING SERVICES OR PRODUCTS RELATED TO THE SERVICES OR EQUIPMENT OR FOR DAMAGES ASSOCIATED WITH SERVICE OR EQUIPMENT NOT PROVIDED BY DAMAI CHINESE TV OR ITS AGENT.
Indemnification. Customer hereby agrees to indemnify and hold harmless Damai Chinese TV, its Agent and their respective officers, directors, shareholders and affiliates from and against any and all claims, damages and/or liability related in any way to Customer's use of Services or Equipment arising out of any intentional act or omission by Customer or others authorized by Customer to use the Service.
Governing Law. This Agreement shall be governed by the laws of the State of California without regard to conflict of law provisions of any other state or jurisdiction. Customer hereby consents to exclusive personal and subject matter jurisdiction of the courts of the California, United States.
Mandatory and Binding Arbitration. All claims or disputes between Customer and Damai Chinese TV or its Agent arising in any way whatsoever out of the Services or the Equipment shall be resolved by binding and final arbitration by a single arbitrator. The National Arbitration Rules shall apply to all disputes. The arbitration shall be conducted in Texas, United States in English language. No arbitrator may award relief outside the limits set herein. Customer agrees that all claims shall be in Customer's individual capacity and that Customer will not commence or join any class or consolidate Customer's claim with the claims of any person or persons. Customer hereby waives any right to a jury trial.
All software utilized or provided by Damai Chinese TV or its Agent in connection with the Services or Equipment shall be and at all times remain sole property of Damai Chinese TV or its Agent and is protected by copyright laws and international treaties.
Damai Chinese TV respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Damai Chinese TV will respond expeditiously to claims of copyright infringement committed using Damai Chinese TV service that are reported to email@example.com.
If you are a copyright owner, or are authorized to act on behalf of one or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through Damai Chinese TV service, website or applications (any and all of the foregoing the "Service") by completing the following DMCA Notice of Alleged Infringement and delivering it to Damai Chinese TV as specified below. Upon receipt of Notice as described below, Damai Chinese TV will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Service.
DMCA Notice of Alleged Infringement ("Notice")
- Identify the copyrighted work that you claim has been infringed, or –if multiple copyrighted works are covered by this Notice,- you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material you claim is infringing (or to be the subject of infringing activity) that is to be removed or access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the website where such material may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the notice:" I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)." "I hereby state that the information In this Notice is accurate and ,under penalty of perjury ,that I am the owner , or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
- Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed to firstname.lastname@example.org
Legal Department, 980 Corporate Center Dr. Pomona, CA 91768 TEL: (213) 996-1998
Neither Damai Chinese TV nor its Agent shall be liable for any delay in performance caused by acts of God, natural disasters, accidents, strikes, riots, war, government actions, equipment or power failures or any other cause beyond its control.
Customer may not assign or transfer this Agreement or its obligations hereunder in whole or in part. Damai Chinese TV or its Agent may assign this Agreement at in time and in its sole discretion.
This Agreement constitutes the entire understanding and agreement between Damai Chinese TV and Customer and supersedes all prior written or oral agreements related in any way to the subject matter hereof.
Updated: August 15, 2015
Copyright Damai Entertainment LLC. 2015