Copyright Infringement

Last Updated: February 28, 2008

We respect the rights of all copyright owners -- you should never post anything that isn't yours, period. And no one else should post something that is yours without your permission either. To help protect copyrights, we comply with the notice and takedown procedures set out in the Digital Millennium Copyright Act ('DMCA'). If you become aware of anyone using or uploading work you own to DivX.com or any other service owned and operated by DivX, without your permission, please notify us.

To ensure DivX is able to respond efficiently to your notice, please contact us in writing, either by regular mail or email, and include the following:

• Identification, in detail, of the copyrighted work you claim has been infringed.
• Identification of the material you claim is infringing the copyrighted work, in sufficient detail to enable DivX to locate the material (i.e., the title of the material and the relevant provider or channel name).
• Your contact information, including name, address, telephone number, and email address.
• Your statement that you have a good faith belief that use of the material in the manner you complain of is not authorized by the copyright owner, its agent or the law.
• Your statement that all information contained in your notice is accurate and that, under penalty of perjury, you are either the owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Your physical or electronic signature, if you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, or such owner's physical or electronic signature.

Please direct your notice to our designated agent:

Registered Copyright Agent
DivX, Inc.
4780 Eastgate Mall
San Diego, CA 92121
USA
registeredcopyrightagent@divxcorp.com
1-858-882-0600

Upon receipt of such a notice, DivX will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Please note, however, that you may risk liability for damages if you materially misrepresent that certain material or activity is infringing.

If you are in any doubt as to whether certain material is infringing, please consult with an attorney.

If DivX removes or disables access to material claimed to be the subject of infringing activity in order to comply with the DMCA, DivX will make a good-faith attempt to contact the user who has posted such material so that they may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA.

To ensure DivX is able to respond efficiently to your counter notification, please contact us in writing, either by regular mail or email to the Registered Copyright Agent at the address set forth above, and include the following:

• Identification of the material that has been removed or to which access has been disabled and the specific URL at which the material appeared before it was removed or access to it was disabled.
• Your contact information, including address, telephone number, and email address and your statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or for San Diego, County, if your address is outside of the United States, and that you will accept service of process from the person who provided notification under section 512(c)(1)(C) or an agent of such person.
• Your statement that all information contained in your counter notification is accurate and that, under penalty of perjury, you have a good faith belief that the material identified was removed or disabled as a result of mistake and/or misidentification.
• Your physical or electronic signature.

Any and all counter notifications submitted to DivX that substantially comply with the above will be furnished to the complaining party, and DivX will give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before DivX replaces or restores access to any material on the basis of any counter notification. Please note that you may risk liability for damages if you materially misrepresent that material or activity was removed or disabled by mistake or misidentification.

DivX reserves the right to and will terminate the accounts of and/or block access to users who are repeat infringers.