Conditions of Use
Last updated: Jan 5, 2015
+ Welcome to DMW365.com.
DMW365 Services and/or its affiliates ("DMW365") provide Chinese animation sources
and online purchasing and other services to you when you visit or shop at DMW365.com.
DMW365 provides the DMW365 Services subject to the following conditions.
BY CLICKING "I have read and agree to these terms of use", BY CREATING ACCOUNT,
BY OR USING THIS WEB SITE, YOU ARE AGREEING TO THIS BINDING LEGAL AGREEMENT. You
are agreeing to arbitrate all Disputes through The Suzhou Arbitration Committee
in Suzhou, China. We offer a wide range of DMW365 Services, and sometimes
additional terms may apply. When you use an DMW365 Service (for example, Your Profile,
Gift Credits, DMW365 Instant Video) you also will be subject to the guidelines,
terms and agreements applicable to that DMW365 Service ("Service Terms"). If these
Conditions of Use are inconsistent with the Service Terms, those Service Terms will
control.
+ BINDING AGREEMENT.
'This is a binding agreement. By using this Internet site located at www.dmw365.com
(the "Site"), ordering programs, or any services provided in connection with the
Site (the "Service"), you agree to abide by these Terms and Conditions, as they
may be amended by Kungfu Family Animation (Suzhou）Co.,Ltd from time to time in its
sole discretion. If at any time you find these Terms of Use unacceptable, you must
immediately leave the Site and stop all use of the Service and the Site. YOU AGREE
THAT BY USING THE SERVICE, INCLUDING ORDERING PROGRAMS FROM IT, YOU AGREE TO SETTLE
ALL DISPUTES BY SUZHOU ARBITRATION COMMITTEE IN SUZHOU, CHINA. AND YOU REPRESENT
THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS
AGREEMENT.
+ PRIVACY
Please review our Privacy Notice, which also governs your use of DMW365 Services,
to understand our practices.
+ DMW365 IS NOT RESPONSIBLE FOR THE FOLLOWING.
You agree that DMW365 shall not be responsible for violating any provision of this
Agreement and shall be held harmless as a result of any delay, failure to deliver,
failure in performance or interruption of service, resulting directly or indirectly
from: (a) acts of God, acts of any governmental agency, natural disasters,
acts of war, insurrection or terrorism, strikes or lockouts, unauthorized network
or computer intrusion, or Internet- or computer-related viruses, hacker attacks
or other agents introduced by a third party, failure of the Internet and other conditions
beyond our control, (b) any technical requirement for which Customer is responsible,
(c) any intentional acts or omission of Customer, (d) any failure of
any third-party service necessary for DMW365 to provide Service
+ ELECTRONIC COMMUNICATIONS
When you use any DMW365 Service, or send e-mails to us, you are communicating with
us electronically. You consent to receive communications from us electronically.
We will communicate with you by e-mail or by posting notices on this site or through
the other DMW365 Services. You agree that all agreements, notices, disclosures and
other communications that we provide to you electronically satisfy any legal requirement
that such communications be in writing.
+ COPYRIGHT
All content included in or made available through any DMW365 Service, such as text,
graphics, logos, button icons, images, audio clips, digital downloads, and data
compilations is the property of DMW365 or its content suppliers and protected by
Chinese copyright laws. The compilation of all content included in or made available
through any DMW365 Service is the exclusive property of DMW365 and protected by
Chinese copyright laws.
+ TRADEMARKS
In addition, graphics, logos, page headers, button icons, scripts, and service names
included in or made available through any DMW365 Service are trademarks or trade
dress of DMW365 in China and other countries. DMW365's trademarks and trade dress
may not be used in connection with any program or service that is not DMW365's,
in any manner that is likely to cause confusion among customers, or in any manner
that disparages or discredits DMW365. All other trademarks not owned by DMW365 that
appear in any DMW365 Service are the property of their respective owners, who may
or may not be affiliated with, connected to, or sponsored by DMW365.
+ PATENTS
One or more patents owned by DMW365 apply to the DMW365 Services and to the programs
and services accessible via the DMW365 Services. Portions of the DMW365 Services
operate under license of one or more patents.
+ LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of any
applicable fees, DMW365 or its content providers grant you a limited, non-exclusive,
non-transferable, non-sublicensable license to access and make personal and non-commercial
use of the DMW365 Services. This license does not include any resale or commercial
use of any DMW365 Service, or its contents; any collection and use of any program
listings, descriptions, or prices; any derivative use of any DMW365 Service or its
contents; any downloading or copying of account information for the benefit of another
merchant; or any use of data mining, robots, or similar data gathering and extraction
tools. All rights not expressly granted to you in these Conditions of Use or any
Service Terms are reserved and retained by DMW365 or its licensors, suppliers, publishers,
rightsholders, or other content providers. No DMW365 Service, nor any part of any
DMW365 Service, may be reproduced, duplicated, copied, sold, resold, visited, or
otherwise exploited for any commercial purpose without express written consent of
DMW365. You may not frame or utilize framing techniques to enclose any trademark,
logo, or other proprietary information (including images, text, page layout, or
form) of DMW365 without express written consent. You may not use any meta tags or
any other "hidden text" utilizing DMW365's name or trademarks without the express
written consent of DMW365. You may not misuse the DMW365 Services. You may use the
DMW365 Services only as permitted by law. The licenses granted by DMW365 terminate
if you do not comply with these Conditions of Use or any Service Terms.
+ YOUR ACCOUNT
If you use any DMW365 Service, you are responsible for maintaining the confidentiality
of your account and password and for restricting access to your computer, and you
agree to accept responsibility for all activities that occur under your account
or password. DMW365 does sell programs for children, but it sells them to adults,
who can purchase with permitted payment method. If you are under 18, you may use
the DMW365 Services only with involvement of a parent or guardian. DMW365 reserves
the right to refuse service, terminate accounts, remove or edit content, or cancel
orders in its sole discretion.
+ ORDER PROCESS
When an order is made, DMW365 starts auditing on your selected programs based on
the customer choice in the order. And the order would pass audition if certain rights
available and prices reasonable. Once passed audition and confirmed, your order
would not be canceled on your side. If you experience any difficulty or you insist
to re-edit or cancel please contact us. Any payment,our official bank information,
official agreement information will be exchanged offline. Never will DMW365 ask
you to make payment directly on the site DMW365.com.
+ THE CUSTOMER IS RESPONSIBLE FOR CORRECTLY ENTERING DATA, CHOICES
(1) Customer personal information (name, correct and complete address and shipping
information), (2) Selection of a proper program,area,rights,license period,
tech,genre,and all other technical parameters. Once delivery by express
has started, DMW365 is not responsible for any data entry errors made by the customer.
You are licensing DMW365 to apply your text and you agree to indemnify, defend,
pay all attorney fees and costs, and hold DMW365 and its partners and agents harmless
from any third party claim that any text you entered is theirs.
+ COMMUNICATIONS, AND OTHER CONTENT
Visitors may post photos and other content; send e-mails and other communications;
and submit suggestions, ideas, comments, questions, or other information, so long
as the content is not illegal, obscene, threatening, defamatory, invasive of privacy,
infringing of intellectual property rights, or otherwise injurious to third parties
or objectionable and does not consist of or contain software viruses, political
campaigning, commercial solicitation, chain letters, mass mailings, or any form
of "spam." You may not use a false e-mail address, impersonate any person or entity,
or otherwise mislead as to the origin of a card or other content. DMW365 reserves
the right (but not the obligation) to remove or edit such content, but does not
regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you
grant DMW365 a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable
right to use, reproduce, modify, adapt, publish, translate, create derivative works
from, distribute, and display such content throughout the world in any media. You
grant DMW365 and sublicensees the right to use the name that you submit in connection
with such content, if they choose.
+ COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS
When accessing the Site or using the Service, you agree to obey the law and to respect
the intellectual property rights of others. This means that you may not post any
other person's information, data, names, trademarks or other data not your own to
this site or its forms, and that you may not use or extract any data, text, photographs
not yours, sounds, or other elements of this Site for any purposes.
You represent and warrant that you own or otherwise control all of the rights to
the content that you post; that the content is accurate; that use of the content
you supply does not violate this policy and will not cause injury to any person
or entity; and that you will indemnify DMW365 for all claims resulting from content
you supply. DMW365 has the right but not the obligation to monitor and edit or remove
any activity or content. DMW365 takes no responsibility and assumes no liability
for any content posted by you or any third party.
+ COPYRIGHT COMPLAINTS
DMW365 respects the intellectual property of others. If you believe that your work
has been copied in a way that constitutes copyright infringement, please follow
our Notice and Procedure for Making Claims of Copyright Infringement.
+ DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE DMW365 SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PROGRAMS AND OTHER
SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DMW365 SERVICES
ARE PROVIDED BY DMW365 ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE
SPECIFIED IN WRITING. DMW365 MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE DMW365 SERVICES, OR THE INFORMATION,
CONTENT, MATERIALS, PROGRAMS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON
OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DMW365 SERVICES, UNLESS OTHERWISE
SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE DMW365 SERVICES IS
AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DMW365
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DMW365 DOES
NOT WARRANT THAT THE DMW365 SERVICES, INFORMATION, CONTENT, MATERIALS, PROGRAMS
OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DMW365
SERVICES, DMW365'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM DMW365 ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. DMW365 WILL NOT BE LIABLE FOR ANY DAMAGES
OF ANY KIND ARISING FROM THE USE OF ANY DMW365 SERVICE, OR FROM ANY INFORMATION,
CONTENT, MATERIALS, PROGRAMS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE
TO YOU THROUGH ANY DMW365 SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE
ADDITIONAL RIGHTS.
+ ALLEGED VIOLATIONS
DMW365 reserves the right to terminate your use of the Service and/or the Site in
its sole discretion. To ensure that DMW365 provides a high quality experience for
you and for other users of the Site and the Service, you agree that DMW365 or its
representatives may access your account and records on a case-by-case basis to investigate
complaints or allegations of abuse, infringement of third party rights, or other
unauthorized uses of the Site or the Service. DMW365 does not intend to disclose
the existence or occurrence of such an investigation unless required by law, but
DMW365 reserves the right to terminate your account or your access to the Site immediately,
with or without notice to you, and without liability to you, if DMW365 believes
that you have violated any of the Terms of Use, furnished DMW365 with false or misleading
information, or interfered with use of the Site or the Service by others.
+ PROHIBITED USES
The site is for input of your personal and order information only. You are prohibited
from violating or attempting to violate any security features of the Site or Service.
+ DISPUTES
Any dispute or claim relating in any way to your use of any DMW365 Service, or to
any programs or services sold or distributed by DMW365 or through DMW365.com will
be resolved by binding arbitration, rather than in court, except that you may assert
claims in small claims court if your claims qualify. There is no judge
or jury in arbitration, and court review of an arbitration award is limited. However,
an arbitrator can award on an individual basis the same damages and relief as a
court (including injunctive and declaratory relief or statutory damages), and must
follow the terms of these Conditions of Use as a court would. To begin
an arbitration proceeding, you must send a letter requesting arbitration and describing
your claim to our registered Company, Room302, 8th Building,328 Xinghu Road,SIP,Suzhou,215123
China. The arbitration will be conducted by the Suzhou Arbitration Committee under
its rules. Payment of all filing, administration and arbitrator fees will be governed
by Suzhou Arbitration Committee's rules. We will reimburse those fees for claims
totaling less than $10,000 unless the arbitrator determines the claims are frivolous.
Likewise, DMW365 will not seek attorneys' fees and costs in arbitration unless the
arbitrator determines the claims are frivolous. You may choose to have the arbitration
conducted by telephone, based on written submissions, or in person in the county
where you live or at another mutually agreed location. We each agree that
any dispute resolution proceedings will be conducted only on an individual basis
and not in a class, consolidated or representative action. If for any reason a claim
proceeds in court rather than in arbitration we each waive any right to a jury trial.
We also both agree that you or we may bring suit in court to enjoin infringement
or other misuse of intellectual property rights.
+ APPLICABLE LAW
By using any DMW365 Service, you agree that the law of RPC, applicable province
law, and the laws of Suzhou, without regard to principles of conflict of laws, will
govern these Conditions of Use and any dispute of any sort that might arise between
you and DMW365.
+ How to Serve a Subpoena
If you have a subpoena to serve on DMW365, please note that DMW365 does not accept
service via e-mail or fax and will not respond to the subpoena. All subpoenas must
be properly served on DMW365.com, preferably by mailing the subpoena to Kungfu Family
Animation (Suzhou) Co.,Ltd, DMW365's national registered agent. Please find below
the address for Kungfu Family Animation (Suzhou) Co.,Ltd:
+ OUR ADDRESS
Kungfu Family Animation (Suzhou) Co.,Ltd Attn: Admin Department
Room302, 8th Building 328 Xinghu Road,SIP,Suzhou,215123 China, Fax:
(+89) 0512-62781183 Email: after-sales@dmw365.com Please note also
that providing detailed and accurate information at the outset will facilitate efficient
processing of your request. That information will include, for example, e-mail and/or
the name, e-mail, and physical address of a seller for seller information; and IP
address and complete time stamp.
+ Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright
infringement, please provide our copyright agent the written information specified
below. Please note that this procedure is exclusively for notifying us and our affiliates
and its affiliates that your copyrighted material has been infringed.
• An electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright interest; • A description of the copyrighted
work that you claim has been infringed upon; • A description of where the material
that you claim is infringing is located on the site; • Your address, telephone
number, and e-mail address; • A statement by you that you have a good-faith
belief that the disputed use is not authorized by the copyright owner, its agent,
or the law; • A statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright owner or authorized
to act on the copyright owner's behalf. Our Copyright Agent for notice
of claims of copyright infringement on its site is the Legal Department: Kungfu
Family Animation (Suzhou) Co.,Ltd Attn: Admin Department Room302, 8th
Building 328 Xinghu Road,SIP,Suzhou,215123 China, Fax: (+89) 0512-62781183
Email: after-sales@dmw365.com Please note that this procedure is exclusively
for notifying DMW365 that your copyrighted material has been infringed.
+ ACKNOWLEDGEMENT
BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE
TERMS OF USE AND AGREE TO BE BOUND BY THEM.
+ NO NOTICE OF CHANGES TO POLICY
From time to time and at its sole discretion, DMW365 will post a notice on the Site
any time these Terms of Use have been changed or otherwise updated. It is your responsibility
to review these Terms of Use periodically, and if at any time you find these Terms
of Use unacceptable, you must immediately leave the Site and cease all use of the
Service and the Site.