The Agreement governs the relationship between the Tong Xing and User. Tong Xing provides this web site which includes www.7msport.com, all site-related services, and authorized mobile phone applications subject to User's compliance with the terms and conditions set forth in the Agreement.
Any changes Tong Xing makes will be effective immediately upon notice, which Tong Xing may provide by means including, without limitation, posting on the site or electronic mail. User's continued use of the site following such changes will be deemed acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of the Agreement.
- a) Some areas of the site may require User to be or become a registered user before using Tong Xing's services. 7M Sports require Users to register with User's mobile phone number that haven't attached to an account on 7M Sports, and haven't been forbidden by the Agreement of the site. Tong Xing reserves the right at any time to change the method of registration and binding User's account before notifying the Users.
- b) When User provides Tong Xing with mobile phone number, User is also expressly agreeing that Tong Xing may send User's text messages (including SMS and MMS) to that phone number. User also agrees to pay the charges to wireless bill or to have them deducted from User’s prepaid balance for this service. If User signed up by texting a signup keyword, User will receive a confirmation text message, and User may need to reply as instructed to complete registration. Message and data rates apply.
- a) The specific details of the Agreement are provided by Tong Xing depending on actual situation, including but not limited to authorizing Users to obtain information through the account, to participate in games, to chat and interact, and to post messages. Tong Xing reserves the right of changing the services, which are provided by Tong Xing's company and will be possible to change at any time. Users will be notified when Tong Xing updates the services.
- b) Some of Tong Xing’s services may result in charges, and User will be charged a fee for using such services. Tong Xing will notify User clearly before you use these services, which will not be available until being agreed by User. Once User rejects to pay for the fee, Tong Xing has the right not to provide these services.
- a) Tong Xing collects information about User and User's associated device(s) when User uses Tong Xing's products or services or otherwise interact with Tong Xing or with third-party services through Tong Xing's products and services. When the information provided by User is incorrect, incomplete, or illegal, User may not use Tong Xing's service or be restricted during using Tong Xing's service.
- b) Personal Information. "Personal Information" means information that Tong Xing directly associates with a specific person or entity (for example, name; addresses; telephone numbers; email address; Social Security Number; call records; wireless device location). Personal information does not include "de-identified,” "anonymous," or "aggregate" information – which are not associated with a specific person or entity.
- c) Tong Xing is committed to the protection of personal information which User provides to Tong Xing. Tong Xing's policies and procedures have been designed to ensure that User's personal information is protected. Tong Xing will take all practical steps to ensure that personal information Tong Xing hold is protected against unauthorized or accidental access, processing, erasure or other use.
d) Tong Xing does not provide or disclose User's personal information to unaffiliated third-parties without User's consent. Tong Xing may, however, disclose User's information to unaffiliated third-parties as follows:
- (i) Tong Xing may provide personal information about an account User in compliance with applicable law or the instructions of governmental agency.
- (ii) User's personal information disclosed when User shares registered account with others, or caused by other reasons not attributable to Tong Xing.
- (iii) User discloses User's privacy information to unaffiliated third-parties.
- (iv) User reaches an agreement of sharing personal information with Tong Xing and Tong Xing's cooperating partners. Tong Xing provides personal information about an account User in compliance with the Agreement.
- (v) User's personal information divulged due to computer virus, hacker attack and other force majeure circumstances.
(e) Tong Xing will use User's personal information, in whole or in part, according to User's willingness or legal provisions under any of the following circumstances:
- (i) Tong Xing uses User's information to send User important notice of Tong Xing's products and services, including update information of products and the Agreement.
- (ii) Tong Xing may also use User's information for internal purposes, such as auditing, data analysis, and research to improve Tong Xing's products, services, and customer communications, content.
- (iii) Tong Xing will do the account management, examination and applicable solutions when needed according to the Agreement.
- (iv) Tong Xing will use User's information for other items comply with the law.
- (v) Tong Xing will not use personal information for other purposes, without User's prior consent.
- f) In order to improve the quality of Tong Xing's products and services, and personalize better experience purchasing or using Tong Xing's products or services, Tong Xing may also collect and use information about user that is not personal information, or provides them to the third party.
4. Limited License
a) Users may not produce, upload, reproduce, disseminate or broadcast information through 7M Sports account or this service with content that:
- (i) opposes the fundamental principles determined in the Constitution;
- (ii) compromises State security, divulges State secrets, subverts State power or damages national unity;
- (iii) harms the dignity or interests of the State;
- (iv) incites ethnic hatred or racial discrimination or damages inter-ethnic unity;
- (v) sabotages State religious policy or propagates heretical teachings or feudal superstitions;
- (vi) disseminates rumours, disturbs social order or disrupts social stability;
- (vii) propagates obscenity, pornography, gambling, violence, murder or fear or incites the commission of crimes;
- insults or slanders a third party or infringes upon the lawful rights and interests of a third party; or
- includes other content prohibited by laws or administrative regulations.
b) Users may not produce, upload, reproduce, disseminate or broadcast information through 7M Sports account or this service with content (that will disturb the management of 7M Sports or violate legitimate interest of the third party)：
- (i) includes any sex or sexual suggestiveness;
- (ii) includes abuse, threat and menace;
- (iii) harassment, junk mail, malicious messages and inveiglement;.
- (iv) involves others' privacy, personal information or data;.
- (v)infringes others' legitimate rights including reputation right, portraiture right, intellectual property or trade secrets; or
- (vi) other content that will disturb the management of 7M Sports or violate legitimate interest of the third party.
5. User Content Posted on Site
- a) User is solely responsible for the content posted on the site or transmits to or share with other users. Tong Xing will not be liable to user or any third party for taking any of these actions.
b) User will not access or use the account on 7M Sports or the service in a way:
- (i) submit or broadcast dishonest information, or act dishonestly or unprofessionally, including by using an image or others, using or attempting to use another's account;
- (ii) force or induce other users to follow or click the link to the page, as well as share information;
- (iii) mislead other persons by providing fictional facts and concealing the truth;
- (iv) create batch sham accounts by technological methods;
- (v) act in an unlawful manner through the account on 7M Sports or the service;
- (vi) produce or publish methods and tools related to the behaviour above, and carry on User’s activities of managing and broadcasting by these methods and tools, whether these activities target at business or not; or
- (vii) involve in activities including breaking the law, violating legitimate interest of other users, interfering the management of 7M Sports, and any other activities without apparent authority by Tong Xing.
- c) User represents warrants and agrees that the user content that User submit, post or display shall be true, accurate, complete and lawful. Tong Xing is not liable to or responsible for any legal liability caused by the user. User shall be solely responsible if User disseminate the information. User shall compensate for any loss or damages to Tong Xing or the third party arising from such behaviours.
6. Account Management
- a) Tong Xing is the sole owner or lawful licensee of all the rights and interests in 7m Sports and the site content. User has the right to use the account on 7M Sports after registration. This right only belongs to the initial applicant, and User can not present, borrow, rent, transfer or sell to others. User will not copy, reproduce, download, re-publish, sell, distribute or resell any services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc available on or through the site. Tong Xing shall have the right to suspend or terminate user’s account due to management.
- b) User shall be able to change or delete personal information, registration information, and also be able to transfer the content. However, user shall be noticed that User will also delete the text and images stored in the system when User deletes personal information. User shall be liable to such behavior.
- c) Each user shall be solely responsible for maintaining the confidentiality and security of User’s account and password and for all activities that occur under User’s account. If user's account and password are stolen because of User’s carelessness or other personal reasons, User will take the full responsibility. User agrees not to use any account or password of others. User agrees to notify Tong Xing immediately if User becomes aware of any unauthorized use of User’s password or User’s account or any other breach of security of User’s account.
- d) As a condition of User’s access to and use of the site or services, user agrees that User will comply with all applicable laws and regulations when using the site or services. Tong Xing shall have the right to suspend or terminate user's account and user name if User is in breach of the Agreement after being notified.
- e) If user does not log in the account on 7M Sports one year after registered, Tong Xing shall be able to withdraw the account to prevent wasting resource. User will be liable to the adversely impact caused by this behavior.
7. Data Storage
- a) Tong Xing will not be liable when user deletes or fails to store account data.
- b) Tong Xing shall be able to determine the longest data storage lifespan and maximum storage space for the users solely according to the actual conditions. User may backup relevant data depending on User’s own requirements.
- c) If user stops using this service or the service is terminated, Tong Xing shall be able to delete user's account data permanently. Tong Xing will not be liable to return any data to user after stopping or terminating this service.
8. Limitation of Liability
- a) User agrees that, 7M Sports is a platform for only sharing, transferring and acquiring information. User needs to be responsible for all the activities of User’s account, including information transferred and any results due to such activities. Tong Xing hereby expressly disclaims that Tong Xing make no representations or warranties about the validity, accuracy, reliability, completeness of any information provided on or through the sites; and Tong Xing makes no representations or warranties of any kind concerning any product or service offered or displayed on the site.
- b) User agrees to notify Tong Xing immediately if User becomes aware of any unauthorized use of the Agreement. Tong Xing will take appropriate measures according to the Agreement.
- c) User agrees that, Tong Xing has the right of changing the content, suspending, terminating, or revoking this service in whole or in part. User needs to accept this risk.
9. Intellectual property rights
- a) Tong Xing is the sole owner of all the rights and interests in sites content elements displayed, including but not limited to web pages, text, photographic images, videos and graphs, in addition to the intellectual property rights of advertisements owned by corresponding advertising agencies, and the content that the User has already achieved the intellectual property rights before using this service.
- b) Except as expressly provided in the Agreement, all the copyright, patent right and any other intellectual property rights of the software are and shall remain the property of Tong Xing when Tong Xing provides this service.
- c) Copyright and trademark right of all the photographic images, text, logos, products and name of services ('Tong Xing logos') including in this service are and shall remain the property of Tong Xing. No content of Tong Xing logos may be used, copied, displayed, transmitted or otherwise exploited via any means except as expressly permitted herein.
- d) Intellectual property rights of all the elements provided above, other content of Tong Xing and relevant advertising agencies are protected by laws. User may not use it in any way or create derivative products prior to Tong Xing or advertising agencies' written permission.
10. Legal Responsibility
- b) If User is banned in functions, User will retrieve such functions when the ban expires. The User banned may appeal to Tong Xing in the corresponding page. Tong Xing will censor User’s application and decide whether Tong Xing will change the measure of punishment or not.
- c) User agrees that Tong Xing may take measures that the company considers necessary and appropriate, if Tong Xing acknowledges that a User is using the service in a way which violates the Agreement. Users shall use this service at User’s own risk, and shall bear all responsibility for actions carried out and their results upon this service.
11. Force Majeure Event and other General Defenses
- a) User agrees that this service may interrupt due to force majeure event. Force majeure event means, in relation to party, any act, event, non-happening, omission or accident that is beyond its reasonable control and is not reasonably foreseeable by that party, and that causes or results in default or delay in the performance by that party of any of its obligations under the Agreement. When above circumstances occur, Tong Xing will cooperate with any relevant departments to renovate them immediately, but Tong Xing and cooperating partners shall not be liable to User or the third party for any loss within the law.
- b) Tong Xing does not accept any liability for failures or breakdowns in network connections and/or end-to-end connectivity across the internet and/or performance problems experienced on any internet or other networks outside Tong Xing's direct control. Any material(such as Trojan virus) downloaded or otherwise obtained through the sites is done at each User's sole discretion and risk and each User is solely responsible for any damage to Tong Xing's computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from Tong Xing or through or from the sites shall create any warranty not expressly stated herein. User shall protect User’s personal information, account ID and password in case of any loss.
- c) User agrees that this service may suffer interruption because of force majeure events, computer virus or hacker attack, system instability, User's location, User's system turned down, and any other reasons of technology, Internet and telecommunication lines. Tong Xing shall not be liable to any loss of User or the third party caused by such circumstances.
- d) User agrees that Tong Xing is not responsible, and shall have no liability to User for the loss of User or the third party caused by any information that is misleading, fraudulent, defamatory, offensive or illicit, or violating others' interest or rights as an imposter, and any other behaviour with such information.
- e) User agrees that Tong Xing needs to periodically or aperiodically repair or maintain the platform of 7M Sports. If service is interrupted within reasonable time, Tong Xing is not responsible and shall have no liability to the User, but Tong Xing needs to annunciate such circumstance in advance.
- f) Tong Xing has the right to deal with activities that are unlawful or violating the Agreement according to the laws and regulations, but Tong Xing is under no obligation or commitment to guarantee and deal with such behaviours.
g) User agrees that Tong Xing will not undertake the obligation in the following circumstances:
- i) The free service provided by Tong Xing suffers bad quality or any other loss.
- ii) The complimentary service or product provided by Tong Xing suffers bad quality or any other loss.
- h) Notwithstanding the condition stated above, Tong Xing shall not be responsible for any indirect, special, incidental, consequential or punitive damages (including but not limited to such damages that Tong Xing or Users predicted or could have predicted)with respect to the Tong Xing's contractual default or act of tort due to the Company's negligence (except for gross negligence). The compensation for ordinary damages in respect to Tong Xing's contractual default or act of tort due to Tong Xing's negligence shall be limited to the total amount of received fees from the User in the particular calendar month in which such damages occurred.
12. Content on the Services
- a) Owing to the stability of Internet, Tong Xing has the right to change, interrupt or terminate any service in whole or in part (including fee-based service). Tong Xing shall notice the User prior to change, interrupt or terminate any service, and provide equivalent alternative service to influenced Users.
b) Tong Xing has the right to change, interrupt or terminate the free service or fee-based service, and is not responsible to User or any other third party when the following circumstances occur:
- (i) User is responsible for any content him/her provided, but User’s personal information is untrue, or inconsistent with what User provided in registration when the User can not provide reasonable evidence.
- (ii) User violates the laws and regulations or the Agreement.
- (iii) Tong Xing changes, interrupts or terminates such services according to the law or authority.
- (iv) Tong Xing changes, interrupts or terminates such services for safe or other necessary circumstance.
13. Other Terms
- b) This agreement shall be governed by all the laws of the People's Republic of China. If there are disputes between User and Tong Xing, both sides shall friendly negotiate to find a solution in advance. If both sides failed to reach an agreement, User agrees Tong Xing to bring the dispute to the jurisdiction of the courts of the People's Republic of China where Tong Xing located.