ShareMe Software Licence and User Agreement (the “Agreement”) provided by Xiaomi Inc. (hereinafter referred to as "Xiaomi" or "we") should be carefully read and fully understood by the User (hereinafter referred to as "User" or "you"). Please read this Agreement, carefully and fully understand all its terms, including the terms regarding the limitation of liability, legal disputes, and applicable law. The clauses regarding the limitation and exemption of liability are presented in bold font for your convenience. Pay special attention to them while reading. After reading this Agreement, choose to accept or not to accept this Agreement (minors should read this Agreement accompanied by legal guardian). Your registration, signing in, downloading, installation, and usage of our services or other actions, will constitute your agreement to accept and be bound by the terms and conditions of this Agreement.
Xiaomi has the right to modify this Agreement. Any modification is effective immediately upon posting to the website or ShareMe. Unless stated otherwise, the User will be able to read the modified versions of this Agreement on the website or after downloading and installing the latest versions of ShareMe. If you do not accept the modified version of this Agreement, you must stop using the services provided by ShareMe. Your continued use of the ShareMe and Services provided by Xiaomi shall be conclusively deemed an acceptance of all such modifications.
1.1. This Agreement is a binding agreement among you (or "User"), 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 ShareMe (hereinafter referred to as "Product"), including its downloads, installation, and usage.
1.2. The Product and services provided by Xiaomi include but are not limited to products and services installed on a smart mobile terminal device, with images, audio, video, APKs, text files, and transfer services provided to the User.
1.3. The ownership and operation of the Product and its services belongs entirely to Xiaomi.
2.1. Xiaomi gives the User a personal and non-exclusive license to the Product. User may not, however, transfer or sublicense the License to any third party.
2.2. The User can install, use, display, and run the software for a non-commercial purpose on a single mobile terminal device. However, the User shall not install, use, or run the software for commercial operation purposes, and cannot copy the data in the memory of any terminal equipment during the operation of the Product, or copy the communication data between the software client and the server generated in course of the Product’s operation of the software. The User can neither alter, modify, mount, create any derivative work based on the data mentioned above, nor enable any third-party software, systems, plug-ins or unauthorised tools to access to the service. If the User needs to sell, copy or distribute the Product commercially, e.g., in the form of pre-installed software, written authorisation and permission from Xiaomi must be obtained.
2.3. The user may not install the software on other terminal devices (including but not limited to set-top boxes, game consoles, television sets, DVD players) without the express written permission from Xiaomi.
2.4. The User may create a copy of the Product which may only be used as a backup for necessary purpose. The backup copy must include all the copyright information contained in the original Product.
2.5. Unless stated otherwise, Xiaomi does not authorise any other actions by the User. Whenever the need in previously unauthorised actions arises, written consent from Xiaomi must be obtained.
3.1. The User should use the designated website or designated way to download and install the Product. Beware of downloading the Product from unauthorised websites to prevent mobile devices from being infected by malware that can corrupt user data and obtain your personal information. If the User acquires the Product from a third party unauthorised by Xiaomi, or runs a different installation package with the same name, Xiaomi cannot guarantee that the software will work normally and shall not bear any responsibility for any damage thereby caused to the User.
3.2. The User must select the version of the Product that matches the requirements of their terminal device. Otherwise, the User shall be responsible for any software problems, equipment problems, or damage caused by the Product.
3.3. In order to improve user experience and the quality of the provided services, Xiaomi has the right to replace, modify, and upgrade the Product from time to time, as well as the right to charge you fees for the actions mentioned above with your prior consent. The Product will notify the User about updates by default. In some versions, the User will decide whether to use this feature or not. After the new version of the Product is released, Xiaomi does not guarantee that older versions of the Product will continue to be functional.
4.1. You have the right to use the Product and its services based on this Agreement. However, you may not get involved in any of the following activities:
4.1.1. Remove copyright information from the Product and its copies; modify, remove, or circumvent the technical measures set by the Product for the protection of intellectual property rights.
4.1.2. No reverse engineering. Decompile , disassemble, or attempt to derive the source code of the Product otherwise.
4.1.3. Modify or forge parts of the Product such as commands or data; add, delete, or change the features or operating effects of the Product, use the Product for the purposes described above, whether or not such acts are for commercial purposes.
4.1.4. Use this software to undermine network security, including but not limited to the use of unauthorised data or access to unauthorised servers/accounts; delete, modify, increase storage information in public or private networks without permission; probe, scan, test the weaknesses of the software system or network and other actions that might disrupt network security; try to interfere or destroy the normal operation of software systems or websites; deliberately spread malware or viruses and bring other damage to network security; forge TCP/IP names fully or in part.
4.1.5. Use third-party software and systems, which are not authorised, developed, or verified by Xiaomi, to sign in, use, create, or spread the Product and its services.
4.1.6. The acts including but not limited to usage, rent, lending, copying, modifying, linking, reproducing, composing, publishing, establishing mirror websites, developing derivative products, works, services, plug-ins, and compatible items without the explicit written permission from Xiaomi.
4.1.7. Use the Product to publish, transmit, spread, and store content that violates national laws, endangers national security, national unity, social stability, public order, or contains any improper, insulting, obscene, violent content or any violation of national laws and regulations of China.
4.1.8. Use the Product to publish, transmit, spread, and store the content that violates the intellectual property rights of others, or discloses trade secrets and violates other legitimate rights of third parties.
4.1.9. Use the Product to publish, spread, and promote advertisement and spam.
4.1.10. Use the Product and its services in any unlawful manner for any unlawful purpose, or in any manner inconsistent with the terms of this Agreement.
4.2. Rules of publishing information
4.2.1. You may use the Product to publish information which reflects your original views, contains your original data, text, usernames, images, photos, personal information, media files, links, and so on. You must ensure that you have the intellectual property rights for the information you upload, or that you have been legally authorised to do so, and you do not infringe upon any lawful interests of any third party.
4.2.2. You must comply with the requirements of the laws and regulations of China, its political system, national interests, and the legitimate rights and interests of its citizens, as well as the social public order. You must guarantee the authenticity of the information you upload.
4.2.3. You may not use the Software to perform the following actions, including but not limited to:
4.2.3.1. Creating, copying, publishing, spreading, storing the content which violates the laws and regulations of China:
1) Opposing the basic principles determined in the Constitution of the People's Republic of China.
2) Endangering national security, leaking state secrets, subverting the state political power, and undermining national unity.
3) Harming national honour and interests.
4) Inciting ethnic hatred or ethnic discrimination, and undermining national unity.
5) Undermining national religious policy, promoting cults and superstitions.
6) Spreading rumours, disturbing social order, undermining social stability.
7) Spreading obscenity, pornography, gambling, violence, murder, terrorism or instigating others to commit crimes.
8) Insulting or slandering others, infringing upon the legal rights and interests of others.
9) Inciting illegal assembly, associations, parades, demonstrations, gathering people to disrupt social order.
10) Acting in the name of illegal non-governmental organisations.
11) All other content prohibited by the administrative regulations and laws.
4.2.3.2. Releasing, transmitting, spreading and storing content that infringes upon the rights of others, such as the rights of reputation, portraiture, intellectual property, trade secrets, and other legal rights.
4.2.3.3. Spreading fictitious information, concealing the truth for misleading or deceiving others.
4.2.3.4. Using the Product to publish, spread, and promote advertisement and spam.
4.2.3.5. Engaging in other violations of laws and regulations, policies and public order norms, undermining social morality.
4.2.4. You may not carry out any commercial conduct by using the Product, including but not limited to advertising or selling merchandise.
4.3. You understand and agree that:
4.3.1. In case Xiaomi suspects that the User violates this Agreement, the license may be revoked, or other appropriate measures within the scope of this Agreement might be taken.
4.3.2. If the User publishes the information which may infringe upon any person's legal rights or violates this Agreement, the information will be deleted directly.
4.3.3. In the event of damage to a third party by a User who violates this Agreement, the User shall assume liability in their own name and understand that Xiaomi shall not responsible for any loss or damage.
4.3.4. If the user violates the law or the terms of this Agreement, which leads to loss from the side of Xiaomi or a third party, as well as to fines from legal authorities, the User should compensate for the loss caused and/or the costs incurred, including reasonable lawyer fees, investigation and evidence collection costs.
5.1. Your privacy is extremely important to Xiaomi. In order to improve our services and user experience, we will collect the following data:
5.1.1. The information about the way you use the Product.
5.1.2. Software crash reports.
5.2. Xiaomi's Privacy Policy provides related information about how we use, transmit, share, and store the data. When you use the software on your device, we will use, transmit, and share user data in accordance with this Agreement and the Privacy Policy. The Privacy Policy can be viewed at https://privacy.mi.com/all/
6.1. The User must have the required mobile terminal equipment with network access capabilities to use the telecom value-added services, and be responsible for the communication fees, information fees, and other related fees (including but not limited to the fees to the service providers) generated in course of using the mobile equipment and the provided services, including third-party services. If you are using value-added telecom services, we recommend that you confirm the related costs with your telecom value-added service provider.
6.2. Xiaomi and its Cooperators are not responsible for any loss caused by third parties, such as communication line failure, technical problems, network, mobile terminal equipment failure, system instability, and other causes of force majeure.
6.3. The Product, like most Internet software and services, may be subject to various security problems brought about by users, network connection quality, social environment, etc. For example, publishing personal information may result in real-life harassment. Other software products which contain viruses and malware and are installed on the same device may bring security risks and influence the functioning of the Product. To avoid damage and harassment, Users are advised to be aware of the possible security risks and take the necessary measures to prevent them.
6.4. Xiaomi may cooperate with third parties and use third party systems and software to provide the required services related to the Product. Xiaomi cannot guarantee the security, accuracy, and the absence of any risks of the data generated using a third-party involvement. Xiaomi shall not bear any responsibility for any loss or damage in such cases.
6.5. Xiaomi draws your attention to the fact that in order to protect the company's business development and autonomy, Xiaomi reserves the right to modify or interrupt the services without prior notice at any time. There is no need for us to be responsible to the User or any third party when exercising the rights mentioned above.
6.6. Unless expressly required otherwise by laws and regulations, we will do our best to ensure that the Product and related services are safe, effective, accurate and reliable. However, please understand that we cannot guarantee that in the cases when the Product is restricted fully or in part by the current state of technology.
6.7. The User shall bear the responsibility for any physical or incidental, indirect economic loss or damage (including but not limited to lost profits, loss of data, business interruption damages, or other commercial damages or losses) in the following situations:
1) Use or failure to use the licensed Product.
2) Whenever a third party obtains or changes the User’s data without permission.
3) Whenever damages and fees are caused by the User’s behavior in course of using the Product.
4) Whenever misunderstanding occurs from the side of the User regarding the Product.
5) Any other loss or damage caused by parties other than Xiaomi.
6.8. Any personal or economic damage or loss caused by any misleading or deceptive conducts generated in the connection between the User and other users via the Product shall be borne by the faulting party in accordance with the law.
6.9. Xiaomi is not responsible for the authenticity, accuracy, and completeness of any information, content, or advertisement obtained through ShareMe.
We provide the Product that is only used for the transmission and sharing of legal content. We are not responsible for any loss or infringement that may occur.
7.1. Xiaomi owns all the intellectual property rights to the Product. All intellectual property rights, including copyright, trademarks, patents, trade secrets, etc., as well as all the information related to the Product (including but not limited to text, images, audio, video, graphics, interface design, layouts, and electronic documents) are subject to the protection by laws and regulations of the People's Republic of China and the corresponding international legislation. Xiaomi is the owner of the intellectual rights to the items mentioned above.
7.2. You cannot enforce, use, transfer the intellectual property rights mentioned above without the written consent of Xiaomi. Xiaomi reserves the right to take any legal actions against such conducts.
8.1. We may change or modify terms of this Agreement at any time and will notify you through the related website. If you do not agree with the modifications, you should stop using the Product. Continued access to the Service by you will constitute your acceptance of any changes or modifications of the Agreement.
8.2. We may change or modify the paid services, payment standards, methods, service fees and terms at any time. We may charge for certain parts of the service immediately or after a certain period. If you do not wish to pay the bill once it is required, you must stop using the Product. We will notify you about the changes related to payments via email or other methods.
9.1. The interpretation, effectiveness and dispute resolution, are applicable to the laws of the People's Republic of China. In the absence of relevant legal provisions, reference is made to the international business practices and/or business practices.
9.2. This Agreement is signed in Haidian district of Beijing where Xiaomi's servers are located.
9.3. Any dispute or controversy aroused between you and Xiaomi should first be settled through friendly consultation. If consultation fails, you agree to submit the dispute to the jurisdiction court where Xiaomi is located.
10.1. Separate independent agreements (hereinafter referred to as "Independent Agreements") may appear when using a certain service of the Product. Read such agreements prior to using the related services.
10.2. This Agreement takes effect on 15 June 2017.
10.3. The titles of each paragraph are written only for the convenience of reading and they cannot be used as a basis for the interpretation of the Agreement.
10.4. If some provisions of this Agreement cannot be applied for some reasons, the others remain valid and are binding on both parties.
Xiaomi Inc.