Xiaomi User Agreement (the "Agreement") is entered into among you (or "User", means all individuals or entities who register, log in, use or browse our Services), Xiaomi Inc., its subsidiaries and affiliates (hereinafter referred to as "Xiaomi" or "we") and our operational cooperators (hereinafter referred to as "Cooperator"), with respect to www.mi.com (hereinafter referred to as "Site") and the products, programs and services (hereinafter referred to as "Services", including but not limited to Mi Talk and MIUI) of xiaomi.
Welcome to Xiaomi!
This Xiaomi User Agreement (the “Agreement”) is entered into between “you” or “User”, (being any natural or legal person who registers, logs in, uses or browses our Services), Xiaomi Inc., its subsidiaries, affiliates (hereinafter referred to as “Xiaomi” or “we”) and our operational cooperators (hereinafter referred to as “Cooperator”), with respect to www.mi.com, account.xiaomi.com, the related mobile site and mobile application (hereinafter referred to as “Site”) of Xiaomi.
You can access or use the Services only if you are eligible to form legally binding contracts under the Indian Contract Act, 1872. Xiaomi reserves the right to refuse to provide you with access to the Services if it is brought to its notice that you cannot form legally binding contracts.
You may visit the Site without registration. However, you need a Mi Account (“Account”) and to provide relevant personal information on the registration webpage in order to access the Services. You can delete or suspend your account under the instructions of the Site, and we will keep or delete your Account based on this Agreement.
You hereby commit and undertake the following:
• You understand and agree that the Site is an application service product. You shall take full responsibilities for the authenticity, legality, accuracy and validity of your registration information; You shall also be responsible for updating any changes in your registration information to keep it up to date; You shall not post any information in the name of others; you shall not use registered Accounts maliciously; otherwise, we reserve the right to suspend the Services and you shall fully bear all legal liability. We do not accept any responsibility or liability for any claims or loss arising from your actions.
• You shall use the Site and Services in accordance with all applicable laws and take all responsibility for activities under your registered Accounts, including your statements and any loss or damage that may directly or indirectly arise from your statements.
• You have the obligation to take good care of the registration information on the Site and are responsible for all your activities on the Site. You must immediately notify Xiaomi if you find any illegal or unauthorized activities. Xiaomi will not be liable for damages or losses arising from a User’s non-compliance with any of the provision(s) above;
• All your comments on the Site are public information that any third party has access to. Any statement posted on the Site will be deemed as public information, and a User should bear legal liability for the same. If you do not want any third party to have access to your statements, please do not post them on the Site.
You shall also understand and hereby acknowledge the following:
• You accept that we may change, suspend, restrict, terminate or revoke the rights of our Services at any time without notice;
• We may include advertisements, etc. in our Services. You agree to the display of advertisements and other events from us or our related parties or Cooperators while enjoying our Services;
• We have the right to suspend, at our sole discretion or determination, delete any content that violates the laws and regulations in any jurisdiction or the terms of this Agreement; that infringes, prejudices, threatens any right or safety; or that impersonates others. We also retain the right to take legal action, including but not limited to removing any illegal or infringing content, suspending the registration of violators and reporting relevant information to relevant authorities based on the applicable laws and regulations.
• When you shop on the Site, you can only modify any of the following information for maintaining the Account’s safety: your name, address and phone number. If you need any help, please call customer service using the phone number you put in the order. Any call from any number other than in the order requires confirmation.
User Content refers to all the content (your information, picture, music or others) resulting from your downloads, releases or other activities through the Site and Xiaomi Service. You are solely responsible for such content, and shall bear all risks that result from your disclosure of such User Content.
Once you upload, release or engage in activities through the Site and Xiaomi Services, you automatically grant to Xiaomi an irrevocable, non-exclusive, sub-licensable, transferrable and royalty-free global licence to:
• Provide you with Xiaomi products and services or for the purposes of improving Xiaomi products and services through our use of User Content. We may also copy, publish, display, make derivative works and/or bring it to other works, or use your User Account (except for your personal information) in other ways; and you authorize us the transferrable permission for the preceding subject matter;
• Copy and publish your content only to designated receiver;
• You agree that you irrevocably waive any and all ownership, legal and moral rights to your User Content.
You agree that while using the Site or the Services, you will not post, upload, publish, transmit or share any material or information that: (a) belongs to another person and to which you do not have any right to; (b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; (c) harms minors in any way; (d) infringes any patent, trademark, copyright or other proprietary rights; (e) violates any law for the time being in force; (f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (g) impersonates another person; (h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; (i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation. In the event, Xiaomi receives any court order or notification from a government agency that any information posted by you amounts to a breach of this provision, Xiaomi will take such steps necessary as required under law to remove or disable access to such information and may suspend or terminate your access at its sole discretion.
You have the right to use the Site legally.
You have the right to upload, download, install, and use Xiaomi products and services on mobile communication devices.
You have the right to use Mi Accounts after you complete your registration. The rights to use Mi Accounts only belong to you, and you are not allowed to borrow, lease, license, transfer, gift or sell Mi Accounts. Xiaomi has the right to retrieve any Account for operational needs.
You have the right to change and remove personal information, registered information, and any content posted. Please note that you have to take the risk that any picture or word saved in the system might also be deleted when you remove related information. You are responsible for the safety of your Account information and password, and shall bear legal liability for activities under registered Accounts. You agree not to use the passwords and Accounts of others under any circumstances. You agree to immediately notify Xiaomi once you suspect others of using your password or Account.
You shall not sell, lease, transfer, release or make other commercial use of the content from the Site or Xiaomi products and services (including but not limited to the content or the advertisements or sponsored content);
You agree not to: (i) scrape or attempt to scrape or extract any data on the Site, including information provided by third parties, (ii) use the Services for any monitoring, benchmarking or throttling or any other purposes that may impair the performance or functionality of the Site or the Services, or (iii) access or attempt to access any content available on the Site by any means other than through the interface provided by Xiaomi.
You shall not visit the Site or use Xiaomi Services to establish similar or competitive services; Unless expressly prescribed by laws, you shall not copy, publish, download, change, translate, merge, decompose, and paste or decompile etc. any part of the Site or Xiaomi Services (including but not limited to the content or the advertisements or sponsored content) in any manner;
You shall not use the Site or Xiaomi Services to engage in any behavior or activity stated below:
Upload or release virus, worm, and malware to damage or change computer system or data;
Collect the information or data of other users, such as email address, without authorization;
Disable network connection of the Site, make the Site to over handle, interrupt or undermine the website server and connection in other ways;
Attempt to visit the Site our server or the Site connection without authorization;
Interrupt or undermine other users' normal use of the Xiaomi Services.
You understand and agree that our Services are based on technical support from Cooperators and other third parties. You understand and consent that we may provide some of your sensitive personal information to such Cooperators and third parties in the course of receiving technical or any other support from them. You agree and authorize the Site and Xiaomi products and services to limit your rights of using the Site and Mi Talk services.
When you visit the websites and advertisement of a third party, the third party’s terms and policy applies. Xiaomi shall not bear any risks and legal responsibility when you use third party’s services.
The Site and Xiaomi products and services include content provided by other users; and the interaction between you and other users only belongs to you and other users. Except as may be required under applicable laws, Xiaomi does not control such User Content, bear legal liability, or own the obligations to check, monitor, examine and approve such User Content. Xiaomi shall not bear any responsibility or legal liability for the risks of such interaction. Xiaomi shall not be responsible for any dispute between you and any other third party arising out of the use of the Site or the Services. Xiaomi shall not be held liable for any negligent conduct or behaviour of any third party in relation to the use of the Site or the Services.
You agree to use the Site or Services harmlessly and to indemnify Xiaomi against any lawsuit, complaint, loss, damage, responsibility, cost and fees (including but not limited to counsel fees) from any third party claims caused by your use of the Site or Services, your User Content, your violation of this Agreement or any law, rules or regulations or the rights of a third party, or any fraudulent act on your part.
Xiaomi reserves the exclusive right to defend and the right to claim for compensation.
You will not unilaterally reconcile when you and Xiaomi jointly file a lawsuit against any third party without written consent from Xiaomi. Xiaomi will reasonably notify you of such lawsuit or action at law.
Under no circumstances Xiaomi will bear any indirect, consequential, exemplary, incidental, exceptional or punitive compensation results from this Agreement.
Xiaomi will not be responsible for the accuracy, completeness, reliability, fitness, availability or relevance of any information on the Site and Services.
Xiaomi will not bear any legal liability under circumstances stated below:
• Providing your personal information in accordance with local regulations and government request;
• Disclosure of private information caused by your negligent actions;
• Any circumstances caused by suspension, breakdown and so on that result from reasons beyond Xiaomi’s reasonable control including, without limitation, from hacking, virus invasions, blockings due to illegal and harassing content, government control or any other reasons related to network, technique, communication line and information security management;
• Losses to the users because of any third party, such as the communication line breakdown, technical problems, the network and computer breakdown, and other cases of force majeure;
• Risks from threat, defamation, offensive or illegal information that are caused through the Site or Xiaomi products and Services;
• Any psychological or physical damage and economic losses when you interact with others through the Site or Services.
• The Site or Xiaomi products and services expressively declare that we do not guarantee timeliness, security and accuracy of the Services expressly, impliedly or in other forms.
Any content posted by you on the Site does not represent or reflect any viewpoint or policy of Xiaomi; Xiaomi does not bear any responsibility for this.
Under no circumstances shall Xiaomi bear any responsibility for any indirect, consequential, exemplary, incidental, exceptional or punitive damages, including profit losses, loss of reputation, goodwill, business opportunities, data or other intangible losses or be liable for any loss or damages of any kind whatsoever arising out of the use of or inability to use Xiaomi’s Services. In spite of the provisions in this Agreement, the responsibilities we bear will not exceed the fees (if any) you pay for Xiaomi Services during your registration period, for any reason or in any manner.
Xiaomi also disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to the use of the Services. Xiaomi will not be responsible or liable for any damages or losses resulting from any correspondence or business dealings with third-party service providers or advertisers or resulting from the presence of such advertisers on the Site.
Xiaomi is maintaining the Site and providing the Services on an "as is" basis and offers no warranties of any kind, whether express, implied, statutory or otherwise with respect to the Site or the Services. Xiaomi specifically disclaims any implied warranties of fitness for a particular purpose or non-infringement. You expressly agree that the use of the Site and/or the Services is at your own risk and that you will not hold Xiaomi responsible for any content that may be deemed offensive, indecent, or objectionable to you.
Any information posted on the Site or the interactive platform should not infringe the intellectual property of any third party. You should not upload, transmit, distribute, display, release, change, spread or copy any material or trademark under copyright protection, or proprietary information of others, without the written consent of the owner. If Xiaomi receives appropriate notice from any copyright owner or its legal representative, we will remove the related content after investigation.
Graphics, words and composition involving MIUI and other Xiaomi logos appearing in Xiaomi products and services are the trademarks of Xiaomi. Without written consent, you cannot display or use them in other manners in any way. By no means can any entity or individual use, copy, change, spread, distribute, display, sell, transcribe any part of the trademark or bundle and sell with other products.
In addition to the provisions therefore, you can promptly contact us through our email address (email@example.com ) if you think someone has copied or published your work on the Site, or infringes your copyright in any other manner. Please also include the following information in the written notice: (i) materials evidencing that you have copyright or you are authorized to exercise copyright of the allegedly infringing content; (ii) your explicit identification, address and contact information; (iii) the network address of the allegedly infringing content; (iv) the description of the allegedly infringing copyright works; (v) materials evidencing that your copyright is infringed; (vi) under the premise that you agree to bear all consequences of perjury, you issue written statement of the accuracy and authenticity of the content in your written notice.
We may change or modify terms of this Agreement at any time, and will notify you through your email address or notifications on the Site. Your use of the Site and all other services of Xiaomi after modifications to the terms indicate that you agree to such changes; Xiaomi reserves the right to modify, keep and suspend the Site and Xiaomi products and Services without notification from time to time; You agree that Xiaomi shall not be liable for changing, reserving or suspending the Site and Xiaomi products and Services, or for any actions taken by other third parties.
This Agreement becomes valid on your first access of the Site and stays valid during your use of the Site and Xiaomi products and Services, until terminated in accordance with this Agreement. We may restrict your right to access the Site, Xiaomi Services, and your Account; and/or terminate this Agreement at any time without notice, if we believe you violate our acceptable policies or other terms of this Agreement.
Not subject to the preceding provisions, Xiaomi reserves the right to terminate this Agreement if you infringe the copyright of the third party and receives the notice from such third party owner or legal representative of the third party owner.
Once this Agreement is terminated, your Accounts and your right to use the Site and Xiaomi products and Services will also be terminated. You should understand this means your User Content will be removed from our database. Xiaomi will not take any responsibility for terminating this Agreement, including terminating your Account and removing your User Content.
Any revised version of the Site, updates or other changes of the Xiaomi Services will be covered by this Agreement.
Your suggestion to Xiaomi (“Feedback”) is regarded as transferring all rights in such Feedback; Xiaomi has the right to use the Feedback in any appropriate method. We also consider this feedback unclassified and non-exclusive.
If some provisions of this Agreement cannot be applied for some reasons, they will be revised to apply legally; and other provisions remain applicable.
The title of each paragraph is written only for the convenience of reading and does not have any legal or contractual obligations.
Without written consent from Xiaomi, you cannot transfer the rights and obligations stated in this Agreement. Any behavior or activity violates the provision about such a transfer attempt is invalid.
Address: Xiaomi Office Building
68 Qinghe Middle Street, Haidian District, Beijing, China
Zip code: 100085
Fax: +86－10－60606666 -1101
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