COPYRIGHT NOTICE AND USE OF THE SITES
Our Sites are owned and operated by us. The contents of the Sites are protected by the copyright and other laws of the United States, its treaty countries and other jurisdictions. Except as may otherwise be provided in a written agreement you have with DivX, or where other limitations are expressly prohibited by a third party license, you may not modify, copy, reproduce, republish, upload, post, transmit, transfer, or distribute in any way any of the contents of the Sites. Subject to these Terms, DivX hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable right and license to use the Sites as intended and permitted by DivX solely for your personal, non-commercial use. You may download content from these Sites solely for your personal, non-commercial use (except as may otherwise be provided in a written agreement you have with DivX), provided you keep intact all copyright and other proprietary notices. Any copies of the content that do not have any copyright statement must include DivX’s copyright notice:
© Copyright 2019 DivX LLC. All rights reserved.
You agree not to access or use the Sites through any interface other than the one provided by DivX for such access and use. No other use is permitted without the prior written permission of DivX. The permitted use described in this paragraph is contingent on your compliance at all times with these Terms. You acknowledge that these Terms are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Such consideration includes but is not limited to your use of the Sites, as well as the receipt of data, materials, and information available at or through the Sites.
Except as expressly set forth in these Terms, no right or license, express or implied, is granted to you or any third party by estoppel, implication, exhaustion, or other doctrine of law, equity or otherwise with respect to the Sites or any other product, content, technology, intellectual property, or service of DivX or its affiliates, licensors, or partners. In addition, nothing in these Terms shall be deemed to grant to you or any third party the right or license to use the Sites on any platform or device, in any place or in any manner which is not expressly authorized hereunder. For clarity, no right or license, express or implied, is granted to you or any third party by estoppel, implication, exhaustion, or other doctrine of law, equity, or otherwise with respect to any patent or patent application of DivX or its affiliates, licensors, or partners. Nothing in these Terms shall be deemed to be a waiver or release of your past, present, or future obligations to acquire such rights and/or licenses from DivX or its affiliates, licensors, or partners.
“DivX” and other DivX Trademarks appearing on the Site, and referenced here:, are the registered trademarks of DivX and its affiliates. You may not use, remove or alter any DivX Trademarks, or co-brand your own products or material with DivX Trademarks, without DivX’s prior written consent. You acknowledge DivX’s rights in DivX Trademarks and agree that any use of DivX Trademarks by you shall inure to DivX’s sole benefit. You agree not to incorporate any DivX Trademarks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies.
Our Sites may provide certain forums, blogs, support pages, portals, wikis, or other social media features (“Forums”) for visitors to exchange information with each other and with DivX about DivX’s products and innovations, and to obtain support information (the “Purpose”). If you use our Forums, you agree not to use them for any reason other than the Purpose. Some of the individuals posting to Forums work for DivX; however, opinions expressed in Forums are the personal opinions of the authors and may not necessarily reflect the views of DivX. Although we may attempt to keep objectionable messages off the Forums, it is impossible for us to review all messages, and we will not be held responsible for any objectionable messages or content provided by third parties. That being said, DivX reserves the right, at any time, and to monitor, restrict, suspend or terminate your access to the Forums, and to edit, remove, delete or modify your content provided to the Forms. DivX reserves the right to edit or remove any information that violates these Terms or that contains third-party commercial advertisements.
YOUR OBLIGATIONS AND CONDUCT
In consideration of your use of the Sites (including the Forums), you agree to:
(a) provide and maintain accurate, current, and complete information about you on any product registration form, if any, and in your DivX user account, if any, and on the Sites (the “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 for any equipment, hardware, software, infrastructure, internet connections, technology and other services you use to access or otherwise use in connection with the Sites. 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 the Sites. You agree not to upload, post or otherwise transmit via the Sites information that:
(a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to DivX or other users of the Sites;
(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.
You agree that you will not use the Sites 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 the Sites or normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to use the Sites;
(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 the Sites.
You may be given access to DivX confidential information through the Sites or links from the Sites. You may not disclose DivX confidential information to any third party without the written consent of DivX. You must protect DivX confidential information with at least the same degree of care that is accorded to your confidential information, but in no event less than reasonable care. DivX confidential information includes, but is not limited to, all nonpublic information regarding DivX, its intellectual property or its customers, products, quantity and prices of products purchased, design and development data, engineering details, sales and marketing plans, unannounced products, any information marked as “confidential” or “proprietary” or similarly marked, or any information that, if disclosed, might be competitively detrimental to DivX. You may have entered into separate nondisclosure agreements with DivX governing specific disclosures. To the extent the terms governing a specific disclosure are more restrictive than the terms in this paragraph, the more restrictive terms will control for the specific disclosure. Your obligations regarding DivX confidential information will continue in perpetuity after the date of disclosure.
If you wish to submit feedback or product ideas to DivX for inclusion on our Sites or in DivX Products, please contact us for more information. Any such feedback or product ideas is non-confidential and will become the property of DivX, and you hereby assign to DivX all right, title and interest in and to any intellectual property rights in such feedback or product ideas.
LINKS AND THIRD PARTY CONTENT
The Sites may contain third party content and/or links to third party websites that are controlled and operated by third parties, including advertisers, e-commerce providers, and DivX partners. You acknowledge and agree that DivX is not responsible for activities of third parties or the availability of such content or external third party sites or resources, and DivX does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources or from third parties. DivX will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such third party content, goods, or services.
ADVERTISEMENTS AND PROMOTIONS
DivX may run advertisements and promotions on the Sites, including without limitation on behalf of third parties. Your correspondence or business dealings with, or participation in promotions of, advertisers or companies other than DivX found on or through the Sites, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser or company. DivX is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of advertisements or promotions on the Sites.
COPYRIGHT INFRINGEMENT NOTICES.
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 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: email@example.com
To be effective, the Notification must include the following:
1. 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;
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. 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 the Site;
4. 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;
5. 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;
6. 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 and 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:
1. A physical or electronic signature of the alleged infringer;
2. 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;
3. 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;
4. 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 Subscriber’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.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SITES, 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 THE SITES. THE SITES ARE 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 THE SITES.
DIVX MAKES NO WARRANTY OR REPRESENTATION THAT:
(A) THE SITES 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 THE SITES WILL BE ACCURATE, COMPLETE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, TIMELY, SECURE, ERROR-FREE OR RELIABLE;
(C) THE QUALITY OF THE SITES OR PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE SITES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR
(D) ANY ERRORS OR DEFECTS IN THE SITES 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 THE SITES OR CHANGES TO THE SITES, 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, 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 the Sites by you and/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 $10.00. 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 THE SITES OR ANY THIRD PARTY CONTENT APPEARING ON THE SITES. IF YOU ARE DISSATISFIED WITH THE SITES OR ANY MATERIALS MADE AVAILABLE BY OR THROUGH THE SITES, OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES.
California law and controlling U.S. federal law govern any action related to the Terms and/or your use of the Sites. 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.
The Sites and products derived or obtained from the Sites may be subject to the U.S. export laws, rules and regulations, and the export or import laws, rules and regulations of other countries. You agree to comply strictly with all such laws, rules, and regulations and, in particular, shall:(a) obtain any export, reexport, or import authorizations required by U.S. or your local laws; and, (b) not use the Sites or anything derived from the Sites to design, develop, or produce missile, chemical/biological, or nuclear weaponry; and (c) not provide the Sites or anything derived from the Sites to prohibited countries and entities identified in the U.S. export regulations.
This English language version of these Terms governs your relationship with DivX and any translations of the Terms into another language are for your convenience only and shall not be binding on DivX.
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. These Terms are effective until modified or terminated by DivX. DivX reserves the right to terminate and/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.
Last updated July 31, 2018
San Diego, CA