Welcome to Xiaomi!

User Agreement（"Agreement"）is entered into among you(or"User",means all the individuals or entities who register, login, use or browse our services), Xiaomi Inc. (hereinafter as "Xiaomi"),and our operational cooperators (hereinafter as "Cooperator"),with respect to www.xiaomi.com (hereinafter as “Site”) and the products, programs and services (including but not limited to MiTalk and MIUI) of Xiaomi.

Please read this Agreement carefully, including Disclaimer of Warranty, Limitation of Liability, and Rights and Limitations. Please choose to accept or not to accept this Agreement (minors should read this Agreement accompanied by legal guardian). Unless you agree to comply with this Agreement, you are not authorized to register, login or use services under this Agreement. Behaviors such as registering, logging in and using etc. will be deemed that you agree to accept and be bound by this agreement.

By accepting this Agreement, you agree to accept all constraints, including accepting Xiaomi reserves the right to modify the terms of this Agreement, without additional notice to the individual user. The user can log into the webpage of terms of Agreement at any time to check the latest User agreement. If the user does not agree to the amended content, you can stop using Xiaomi services. If user continues to enjoy the services provide by Xiaomi, Xiaomi regard the user as accepting the revised content.

1. Terms of Use

1. 1) In general, you can view the Site without registration. However, you are required to register Xiaomi account and provide relevant personal information on the registration webpage in order to get access to more tools of the Site and products, programs, services of Xiaomi. You can terminate your account under the instructions of the Site, and the Site will determine to keep or terminate your account based on this Agreement. You warrant and undertake hereby:
   • You understand and agree that the Site is the product of application service. The user must take full responsibilities for the authenticity, legality and validity of the registration information; the user cannot personate others to post any information; cannot use registered accounts maliciously that lead to mistaking; otherwise, we have the right to suspend the services and you must bear all legal liability alone;
   • You must use the Site and the products, programs and services of Xiaomi legally. You must take all responsibilities for activities under your registered accounts, including your statements and any results of your statements. You should estimate the content by your own and take all risks from it, including the risk that lies on the correctness, integrity or practicability of the content. Xiaomi will not take any responsibility for any loss or damage results from this behavior or activity;
   • You have the obligation to take good care of the registration information on the Site and are responsible for all the activities of login and afterwards activities. You must immediately notify Xiaomi once you find account or password abused by others or used in unusual circumstances. Xiaomi will be not liable for damages or losses without complying with the provision above;
   • All your statements on the Site are public information; any third party can acquire the statements through our platform. Any statement posted on the Site will be deemed as public information, and user should bear legal liability for this activity. If you do not want any third party to get your statements, please do not post it on the Site.
2. 2) You acknowledge and understand hereby:
   • In case of business development, we may change, suspend, restrict, terminate or revoke the rights of our services at any time without notice. The user should take this risk;
   • We may include the advertisements etc. in our services. You agree to display the advertisements and other activities from us and our related parties or cooperators, when enjoying our services;
   • We have the right suspend any content that violate the laws and regulations or this Agreement; that infringe, prejudice, threat any right or safety, or that personate others, on our own judgment. We also have right to take proper legal actions, including but not limited to removing any illegal or infringing content, suspending the qualification of violators and saving relative information and reporting to related departments based on the laws and regulations;
   • Some of our services have to be used with network, including but not limited to the application market and the theme market. You must bear all the related fees. We strongly advise you contact the providers and check the related fees if the value-added services involved;
   • With your permission, MiTalk may analyze your phone contacts to find out your friends using MiTalk. MiTalk codes your telephone number through highly intensive and irreversible encryption algorithm and retrieve your contacts in this way to find out accordance with existing users on MiTalk. If accordant, the opposite side might be your friends. Other users also can find and contact you through their phone contacts.

2. User Content

1. 1) User Content refers to all the content (your information, picture, music or others) results from downloading, releasing or other activities that use the Site and Xiaomi product, programs and services; You are the only responsible individual for the user content. You will bear all the risks results from your disclosing user content.
2. 2) When uploading, releasing or engaging in other activities using the Site and Xiaomi product, programs and services, you authorize Xiaomi automatically, and promise and guarantee that you have right to authorize us, irrevocable, nonexclusive, royalty-free and fully paid global permission to:
   • Copy, publish, display, make derivative works and bring it to other works; or use your user account (except for your personal information) in other ways, only to provide you the Site and products, programs, services of Xiaomi or improve the Site and products programs, services of Xiaomi; And authorize the transferrable permission for preceding matters;
   • Copy and publish your private information from you user content only to provide the personal information to the target receiver;
   • You agree with the irrevocable and renunciative (and results in abandoned) statement about the ownership and moral rights of your user content.

3. Rights and Obligations

1. 1) You have the right to use the Site legally.
2. 2) You have the right to upload or download, install, and use products, programs, services of Xiaomi on mobile equipment.
3. 3) Xiaomi and our related companies possess the ownership of the Xiaomi accounts. Once you finish registration, you will have the right to use Xiaomi accounts. The right to use only belongs to the original applier and is forbidden to borrow, lease, transfer, gift or sell. Xiaomi have the right to retrieve the user account for operational needs.
4. 4) You have the right to change and remove personal, registered information, and the content posted. Please notice that you have to take the risk that any picture or word saved on the system might also be deleted when you remove related information.
5. 5) You are responsible for the safety of your account information and password, and should bear legal liability for activities under registered accounts and passwords. You agree not to use the password or account of other users under any circumstances. You agree to immediately notify Xiaomi once you suspect others use your password or your account.
6. 6) Limitations of Rights
   • You cannot sell, lease, transfer, release or make other commercial use of the Site or products, programs, services of Xiaomi (including but not limited to the content or the advertisements or sponsored content);
   • You cannot visit the Site or use products, programs, services of Xiaomi to establish similar or competitive services;
   • Unless expressly prescribed by laws, you cannot copy, publish, download, change, translate, merge, decompose, and paste or decompile etc. any part of the Site or products, programs, services of Xiaomi (including but not limited to the content or the advertisements or sponsored content) to in any manner;
   • You cannot remove any copyright statement or other copyright mark on the Site or products, programs, services of Xiaomi (including but not limited to the content or the advertisements or sponsored content);
   • You agree to bear all the risks and take full legal liability for activities below when using the Site or products, programs, services of Xiaomi:
     Opposing the basic principles determined by the Constitution of the People’s Republic of China;
     Endangering national security, leaking state secrets, subverting the government, and undermining national unity;
     Harming national honor and interests；
     Inciting ethnic hatred or ethnic discrimination, and undermining national unity;
     Undermining national religious policy, promoting cults and superstitions;
     Spreading rumor, disturbing social order, undermining social stability;
     Spreading obscenity, pornography, gambling, violence, murder, terrorism or instigating others to commit crimes;
     Insulting or slandering others, infringing upon the legal rights and interests of others;
     All other content prohibited by the administrative regulations and laws.
   • You agree not to use the Site or products, programs, services of Xiaomi to engage in any behavior or activity stated below:
     Upload or post virus, worm, malware or other software that undermine or change computer system or data;
     Collect the information or data of other users, such as email address without authorization;
     Disable the Site connection, make the Site overload or interrupt or undermine the website server and connection in other ways;
     Attempt to visit the Site, MiTalk, our server or the Site connection without authorization;
     Interrupt or undermine other users normally using the Site or products, programs, services of Xiaomi.

4. Third Party

1. 1) You understand and agree that our services are acquired based on technical support of the third party such as Android etc.; You understand this Agreement is signed between you and Xiaomi, not between you and the third party, and Xiaomi is the only person responsible for the issues, such as the support service, lawsuits, maintenance that comes from the Site or products, programs, services of Xiaomi.
2. 2) The Site includes the websites and advertisements of the third party. Xiaomi provides this only for your convenience or for the need of promise and guarantee. Xiaomi does not dominate or have responsibilities for the websites and advertisements of the third party.
3. 3) You have to take legal responsibilities for the using the websites and advertisements of the third party. When you visit the websites and advertisement of the third party, the third party terms and policy applies.
4. 4) The Site or products programs, services of Xiaomi include the user content provided by other users; and the interaction between you and other users only belongs to you and other users. Xiaomi does not control such user content, does not bear legal liability, and does not have the obligations to check, monitor, examine and approve such user content. You thus bear legal liability for the risk of such interaction.

5. Limitations of Liability

1. 1) You agree to use the Site or products, programs, services of Xiaomi harmlessly and avoid Xiaomi bearing any lawsuit, complaint, loss, damage, responsibility, cost and fees (including but not limited to the counsel fee) from the third party because of the activities or behaviors stated below: the use of the Site or Products, programs, services of Xiaomi; your user content; your violation of this Agreement.
2. 2) Xiaomi reserve the exclusive right to defend and the right to claim for compensation.
3. 3) You agree you will not unilaterally reconcile when you and Xiaomi jointly litigate the third party, without written consent from Xiaomi.
4. 4) Xiaomi will reasonably try to notify you such lawsuit and action at law.
5. 5) Under any circumstances, Xiaomi will not bear any indirect, consequential, exemplary, incidental, exceptional or punitive compensation results from this Agreement. You bear all the risks from the computer system and mobile database while using the Site or Products, programs, services of Xiaomi.

6. Disclaimer of Warranty

1. 1) Xiaomi will not bear any legal liability under any circumstances stated below:
   • Provide your personal information according to the requirement of government department or the laws;
   • Disclose private information caused by the negligent actions of the user himself or herself;
   • Cannot satisfy the users because of suspension, breakdown and so on that result from the hacking, virus invasion, the block of the illegal and harassing content, the government control and any other reasons related to network, technique, communication line and information security management;
   • Cause losses to the users because of the third party, such as the communication line breakdown, technical problems, the network and computer breakdown, and other cases of force majeure;
   • Confront the risks of information which contains threat, defamation and offensive or illegal information caused by anonymous or percolation, when using the Site or Products, programs, services of Xiaomi;
   • Confront Psychological, physical damages and economic losses because of the misleading or deceiving when user interacts with other users through the Site or Products, programs, services of Xiaomi.
   • The Site or Products, programs, services of Xiaomi expressively declare not to express, imply or other forms to guarantee the timeliness, security and accuracy of the services of Xiaomi and Cooperators.
2. 2) Any content posted by the user on the Site does not represent or reflect any viewpoint or policy of Xiaomi; Xiaomi does not bear any responsibility for this.
3. 3) Under any circumstances, Xiaomi will not bear any responsibility for indirect, consequential, exemplary, incidental, exceptional or punitive damages, including the profit loss caused by using Xiaomi services. In spite of the provisions, in this Agreement, against this term, the responsibilities we bear will not exceed the fees (if any) you pay for Xiaomi services during registration, for any reason or in any manner.

7. Intellectual Property

1. 1) Any information posted on the Site or the interactive platform should not infringe the intellectual property of any third party. The user should not upload, release, change, spread or copy any material or trademark under copyright protection, or propriety information of others, without the written consent of the owner. If Xiaomi receive the appropriate notice from any copyright owner or its legal representative, we will remove the related content based on our investigation.
2. 2) The MIUI etc. graphics, words and its composition that involved in Xiaomi services, and other Xiaomi marks and products or services names, are all the trademark of Xiaomi. Without written consent, user cannot display or use it in other manners in any way. By no means can any entity or individual use, copy, change, spread, transcribe any part of the trademark or bundling sell with other products.
3. 3) In addition to the provisions stated, you can promptly contact us through our email address if you think someone copy and publish your works on the Site, and also infringe your copyright. 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 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.

8. Modification and Termination

1. 1) Modified Terms
   • We may change or modify terms of this Agreement at any time, and will notify you through your email address or the Site notifications. Your use of the Site and all other services of Xiaomi after modifications to the terms indicate that you agree to such changes;
   • Xiaomi reserve the right to modify, keep or suspend the Site, the Xiaomi products, programs or any other services without notification from time to time;
   • You agree that Xiaomi will not take any responsibility for changing, reserving or suspending the Site and Xiaomi product, programs and services.
2. 2) Termination
   • This Agreement becomes valid the moment you accept the terms and stays valid, when using the Site and Xiaomi product, programs and services, till the termination according to this Agreement.
   • In spite of the preceding provisions, this Agreement becomes effective the first time you use the Site and Xiaomi product, programs and services if that happens before you accept this Agreement. This stays valid unless the early termination based on this Agreement.
3. 3) We may reserve your right to access the Site, the Products, programs, services of Xiaomi, and your account; we may terminate this Agreement at any time for any reason without notice. Reasons include we believe you violate our acceptable policies or other terms of this Agreement.
4. 4) Not subject to the preceding provisions, Xiaomi reserves the right to terminate this Agreement if the user infringe the copyright of the third party and receive the notice from the owner or legal representative of the owner.
5. 5) Once this Agreement terminated, all your website accounts and your right to use the Site and Xiaomi product, programs 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 user account and you removing your user content.
6. 6) Any revised version of the Site, incoming update or other changes of Xiaomi product, programs and services, will restrained by this Agreement.

9. Additional Terms

1. 1) Feedback
   • Our suggestion to Xiaomi (“Feedback”) is regarded as transferring all rights of Feedback; as agreeing Xiaomi has the right to make use of the Feedback in any appropriate method. We also consider this feedback unclassified and non-exclusive.
   • You agree you will not provide any information you regard as privacy and proprietary to Xiaomi.
   • We will examine the rights (not obligations) on our judgments. We have the right to remove you user content anytime with any reason. According to the term of Modification and Termination, we have the right to reserve or terminate your account.
2. 2) Privacy Policy
   • Please review our Privacy Policy, which is equivalently valid and indivisible to this Agreement.
3. 3) Notification
   • You have to provide your recently regular and valid email address. Xiaomi will not take any responsibility for the risks owing to the invalidation of the email address or other reasons that we cannot notify you. Undoubtedly, the notifications on the Site and emails sent to you consist of valid notifications.
4. 4) Applicable Law
   • The interpretation of the terms of this Agreement, effectiveness and dispute resolution, are applicable to the laws of PRC.
   • If the user has any dispute or controversy with Xiaomi, should first be settled through friendly consultation, the consultation falls, the user agree to submit the dispute to the jurisdiction court, where Xiaomi is located.
5. 5) Independence
   • If some provisions of this Agreement cannot be applied for some reason, other provisions remain applicable and the provisions inapplicable will be revised to apply legally.
6. 6) Integrality
   • This Agreement (including Privacy Policy) is the ultimate, integral and exclusive agreement between you and Xiaomi, in terms of the related matters of the Site and Xiaomi product, programs and services.
   • 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 transfer attempt is invalid.

10. Contact Us

Xiaomi Inc.
1.   Address: CR Dreamport, No. 68 Qinghe Middle Road, Haidian Dist. Beijing, China.
2.   Zip Code: 100085
3.   Tel: 010－6060 6666
4.   Fax: 010－6060 6666 (ext.) 1101
5.   E-mail：xiaomi@xiaomi.com