Grove Terms of Service
Effective: January 12, 2022
Acceptance of Terms
In these Terms of Service (the “Terms”), we, DivX, LLC, and our corporate affiliates (collectively “DivX”) set forth the terms by which you may use Grove, whether or not you are a registered user. In order to use Grove, you must agree to these Terms. We reserve the right to change these Terms at any time.
Who Can Use Grove
In order to ensure the safety of Grove’s users, the following restrictions apply:
- You must be 13 years of age or older to use Grove.
- You must not have previously been banned or be currently serving a suspension from Grove for a violation of these Terms, Grove’s Community Guidelines or any applicable law.
- You must not be barred from using Grove under the laws of the United States or other applicable jurisdiction.
- You must not be a convicted sex offender.
Rights We Grant You
DivX grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use Grove. This license is for the sole purpose of letting you use and enjoy Grove’s benefits in a way that these Terms and our usage policies, including our Community Guidelines, allow.
You may not copy, modify, distribute, sell, or lease any part of Grove, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions, or you have our written permission to do so.
Your Content and Rights You Grant to Us and Others
As a registered user, you will be able to create, upload, post, send, receive, and store a great variety of materials and information, including but not limited to text, audio, video, photographs, graphics, and other materials (referred to collectively as “Content”). You have sole responsibility for all of the Content that you upload, post, transmit or otherwise make available through Grove, and to make sure that you are in compliance with the rules of conduct set forth herein relating to such Content. Any Content that you write, post, upload, or link to on Grove is entirely your responsibility.
You hereby grant to DivX a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all Content or other information communicated by you to Grove, and to incorporate any Content, in whole or in part, in other works in any form, media, or technology now known or later developed. You agree that DivX will not be bound to treat any Content as confidential and may use any Content in its business (including without limitation, for products, services, marketing, and/or advertising) without incurring any liability for royalties or any other consideration of any kind and will not incur any liability as a result of any similarities that may appear in future DivX operations or businesses. Since Grove is a platform for sharing and collaborating with other users, you also authorize DivX to authorize in turn other users of Grove to view, access, use, reproduce, republish, download, modify, adapt, translate, distribute, perform, display, and create derivative works from both your Content and combinations of your Content with the Content of others, in whole or in part.
The Content of Others
Although DivX reserves the right to review or remove all Content that appears on Grove, DivX shall have no liability of any kind with respect to any Content posted by you or other users of Grove. You agree that you must assess and bear all risks associated with your use of any Content. In this regard, you may not rely on any Content created by other Grove users or otherwise created, distributed, and displayed in any part of Grove. DivX does not guarantee the accuracy, integrity, or quality of such Content.
User Conduct and Safety
When using Grove, you agree to:
(a) provide and maintain accurate, current, and complete information about you in your Grove user account, if any (your “User Data”);
(b) maintain the security of any password and identification information you provide in connection with your User Data;
(c) comply with these Terms and all applicable laws, rules, and regulations; and
(d) accept all risks of unauthorized access to your User Data.
You have the sole responsibility to adequately protect and backup your User Data and Content and for any equipment, hardware, software, infrastructure, internet connections, technology, and other services you use to access or otherwise use in connection with Grove. You are fully responsible for all activities that occur using your User Data, regardless of whether such activities are undertaken by you or a third party. You are solely responsible for all information that you upload, display on, post, or otherwise transmit via Grove. You agree not to upload, post, or otherwise transmit via Grove information that:
(a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to DivX or other Grove users;
(b) includes unauthorized disclosure of personal information or violates any laws, rules, or regulations;
(c) violates or infringes anyone’s intellectual property, publicity or other rights or is tortious; or
(d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or
(e) violate Grove’s Community Guidelines
You agree that you will not use Grove to:
(a) transmit spam, bulk or unsolicited communications, or third-party advertisements of any kind;
(b) pretend to be DivX or someone else, spoof DivX’s or someone else’s identity, or provide personal data about someone else unless specifically authorized to do so;
(c) misrepresent your affiliation with a person or entity;
(d) disrupt Grove or normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to use Grove;
(e) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including without limitation attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm.
(f) reproduce, link to (via hyperlinks or otherwise), scrape, modify, rent, copy, lease, loan, sell, distribute, mirror, frame, syndicate, cache, store, record, publish, download, transmit, decompile, reverse engineer, display, or create derivative works of materials appearing on Grove.
Copyrights and DMCA
DivX is committed to respecting others’ intellectual property rights, and we ask our users to do the same. Notifications of claimed copyright infringement should be sent by the Complaining Party to DivX’s Designated Agent in writing at the following address:
4350 La Jolla Village Drive
San Diego, CA 92122
Attn: Copyright Agent
Telephone Number of Designated Agent: (858) 869-9756
Facsimile Number of Designated Agent: (858) 332-1799
Email Address of Designated Agent: firstname.lastname@example.org
To be effective, the Notification must include the following:
- A physical or electronic signature of the owner whose exclusive right is allegedly infringed, or a person authorized to act on his or her behalf;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works on Grove are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing or is the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit DivX to locate the material on Grove;
- Information reasonably sufficient to permit DivX to contact the copyright owner or his/her authorized agent including an address, telephone number, and if available, an electronic mail address;
- A statement that the copyright owner or authorized agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and if submitted by the owner’s authorized agent a statement under penalty of perjury, that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Within a commercially reasonable time after receipt of the written Notification containing the information as outlined in 1 through 6 above DivX shall remove or disable access to the material that is alleged to be infringing, forward the written notification to the alleged infringer, and take reasonable steps to promptly notify the alleged infringer that DivX has removed or disabled access to the allegedly infringing material.
Counter Notification: To be effective, a Counter Notification must be a written communication provided to DivX’s Designated Agent at the above provided address that includes substantially the following:
- A physical or electronic signature of the alleged infringer;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
- The alleged infringer’s name, address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of Federal District Court for San Diego County, California, or if the alleged infringer’s address is outside of the United States, for any judicial district in which DivX may be found, and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person.
After receipt of a Counter Notification containing the information as outlined in 1 through 4 above, DivX shall provide the Complaining Party with a copy of the Counter Notification within a commercially reasonable time and inform the copyright owner or designated agent that DivX will replace the removed material or cease disabling access to it within ten (10) business days. If DivX’s designated agent has not received notice from the copyright owner or his/her designated agent within ten (10) business days that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity in relation to the allegedly infringing material, DivX shall restore the allegedly infringing material.
Trademarks and Other Intellectual Property
DivX is committed to respecting others’ intellectual property rights, and we ask our users to do the same. Users of DivX products are expected to follow these Terms, including respecting the intellectual property rights of third parties. If you believe that any content in Grove infringes your trademark or other intellectual property rights, please Contact Us.
Third Party License Notices
Attribution notices for third party software that may be included in portions of Grove can be found here.
Modifying the Services and Termination
DivX reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Grove (or any part thereof) with or without notice. You agree that DivX will not be liable to you or any third party for the consequences of any modification, suspension, or discontinuation of Grove.
YOUR USE OF GROVE, INCLUDING, WITHOUT LIMITATION, ALL ADVERTISEMENTS AND OTHER CONTENT ON THE SITES, IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. DIVX AND ITS AFFILIATES, LICENSORS, LICENSEES, SUPPLIERS, CUSTOMERS, AND PARTNERS SHALL HAVE NO DIRECT OR INDIRECT LIABILITY OR RESPONSIBILITY ARISING FROM YOUR USE OF OR RELIANCE ON GROVE. GROVE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. DIVX DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. DIVX MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS, QUALITY, AVAILABILITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF GROVE.
DIVX MAKES NO WARRANTY OR REPRESENTATION THAT:
(A) GROVE WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, TIMELY, SECURE, OR ERROR-FREE;
(B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF GROVE WILL BE ACCURATE, COMPLETE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, TIMELY, SECURE, ERROR-FREE OR RELIABLE;
(C) THE QUALITY OF GROVE OR PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM GROVE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR
(D) ANY ERRORS OR DEFECTS IN GROVE WILL BE CORRECTED.
YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR PROPERTY OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF GROVE OR CHANGES TO GROVE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
You agree to indemnify and hold DivX and its subsidiaries, affiliates, licensors, partners, and suppliers and their respective shareholders, officers, directors, agents, licensors, suppliers, customers, alliance members, partners, employees, attorneys, and representatives harmless from any claims made or brought by a third party, including without limitation lawsuits, actions, proceedings, arbitrations, liabilities, damages, fees, penalties, judgments, settlements, expenses, demands, or reasonable attorneys’ fees, due to, relating to or arising out of your Content, property, or any information or materials you provide or provided to DivX, use of or access to Grove by you or your affiliates, shareholders, officers, directors, agents, licensors, suppliers, customers, alliance members, partners, employers, employees, and representatives (including without limitation any use on behalf of your employer or any third party), your violation of the Terms, or your violation of any rights of another.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, DIVX IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITES, OR ANY CONTENT MADE AVAILABLE ON OR THROUGH THE SITES. UNDER NO CIRCUMSTANCES SHALL DIVX’S AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID DIVX, IF ANY, IN THE PAST TWELVE MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT DIVX AND ITS AFFILIATES AND SUBSIDIARIES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF GROVE OR ANY THIRD-PARTY CONTENT APPEARING ON GROVE. IF YOU ARE DISSATISFIED WITH GROVE OR ANY MATERIALS MADE AVAILABLE BY OR THROUGH GROVE, OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING GROVE.
California law and controlling U.S. federal law govern any action related to the Terms and/or your use of Grove. Choice of law rules of any jurisdiction and the United Nations Convention on Contracts for the International Sale of Goods will not apply to any dispute under the Terms. You and DivX agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Diego, California, U.S.A.
Severability; General Terms
The Terms constitute the entire agreement between you and DivX relating to the subject matters herein and cancel and supersede any prior versions of the Terms. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are effective until modified or terminated by DivX. DivX reserves the right to terminate or change these Terms at any time in its sole discretion with or without notice. You also may be subject to additional terms and conditions that may apply when you use DivX products, or third-party products or services, or third-party websites. Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms. In case of any violation of these Terms, DivX reserves the right to seek all remedies available by law and in equity for such violations.
Please contact us if you have any questions about these Terms of Service. Our contact details are as follows:
4350 La Jolla Village Drive, Suite 950
San Diego, CA 92122