Terms of Service


ABBREVIATED TERMS OF USE (the "Terms")

The following is provided as a summary of DivxMe Inc.'s Terms and is not legally binding. If you intend to access this site or use the Services you must read the legally binding version of the Terms immediately following these Abbreviated Terms of Use.

You must agree to abide by the following Terms to use the Services.

You must be at LEAST 18 YEARS OF AGE, OR BE AT LEAST 13 YEARS OF AGE AND HAVE EITHER YOUR PARENT'S OR GUARDIAN'S PERMISSION, to access the DivxMe website or use the Services of DivxMe Inc. ("DivxMe").

Protect your password. You should not give it to anyone, directly or indirectly, other than to a parent or guardian. DivxMe will not be held responsible for anything that happens to your account due to a shared, lost or stolen password.

The Services offered by the site are intended for personal use only and not for commercial use (without the express written permission from DivxMe).

Only post content that you have the rights to display or use. All content you post remains your property, although, in order to use the Services offered on the site, you give both DivxMe, and other users of the site, the right to use your content.

All other content is the property of DivxMe or our suppliers or licensors. DivxMe content can be used for personal use when on the site, but not anywhere else without DivxMe's written permission.

DivxMe does monitor your content and/or that of a third party, but reserves the right to refuse or remove any content that violates these Terms. DivxMe can also, at its sole discretion, take any steps it deems necessary to deal with a violation of these Terms.

DivxMe will assist law enforcement personnel with suspected or alleged illegal user content, including, but not limited to video and images.

Engaging in any illegal or objectionable behaviour or posting of any illegal or prohibited material (i.e. harassment, racist comments, violent messages, nudity...) on the site may result in the termination of your membership, or result in possible legal action.

DivxMe has no control over content hosted on other Internet sites. Just because a link, for example, appears on our site does not mean DivxMe approves or endorses that content.

DivxMe cannot be held responsible for what others do with the information you post on the Service, so be cautious about the information, especially personal information, you post about yourself or others.

We reserve the right to delete your account at any time for any violation of these Terms.

DivxMe SERVICES ARE PROVIDED ON AN 'AS AVAILABLE' AND 'AS IS' BASIS WITH USERS MAKING USE OF THE SERVICES AT THEIR OWN RISK.

Any user found in violation of these Terms may have their account terminated and if appropriate, that user may face legal action.

TERMS OF USE FOR DivxMe

These Terms of Use ("Terms") were last updated on April 26, 2010.

Acceptance of Terms

By accessing the DivxMe Inc. ("DivxMe.") website (including all Content available on or through the DivxMe domain name, the "Website" or "DivxMe Website") or using the features, applications and services offered by DivxMe on the Website (the "DivxMe Services" or "Services") you agree and acknowledge to be bound by these Terms of Service ("Terms") and the terms and conditions of DivxMe's privacy policy, which are published at www.DivxMe/private_policy.html (the "Privacy Policy"), and which are incorporated into these Terms by this reference. If you do not agree to these Terms or to our Privacy Policy, please do not access the Website or use the Services. DivxMe reserves the right to change these Terms at any time. DivxMe reserves the right to amend the Terms at any time. Your continued access to and use of the Website or the Services, or both, after we amend the Terms will mean that you agree with the Terms as amended. We recommend that you periodically check this Website for amendments to the Terms.

Membership and Eligibility

DivxMe is a media storage service that allows those individuals who register to become members to receive the DivxMe Services (the "Members") and to create unique personal profiles online in order to find and communicate with friends. If you wish to become a Member, communicate with other Members and make use of the DivxMe Services, you must read these Terms and communicate your acceptance of these Terms (which also includes any other terms and conditions associated with your use of the DivxMe Services for which you have subscribed during or any time following the Member registration process).

In order to register as a Member of DivxMe or access and use this Website you must be OVER THE AGE OF 18 OR BE OVER THE AGE OF 13 AND OBTAIN PERMISSION FOR USE OF THE SERVICES FROM A PARENT OR LEGAL GUARDIAN WHO ACCEPTS THE TERMS AND CONDITIONS OF THESE TERMS. By using the Website or the Services you represent and warrant that you are at least 18 years old or that you are the parent or legal guardian of a person that is 13 years of age or older that is accessing the DivxMe Website or receiving DivxMe Services, and you have the right, authority and capacity to enter into and abide by all of these Terms. Your profile may be deleted and membership may be terminated without warning, if we have reason to believe that you are less than 13 years of age.

Throughout these Terms the terms "us", "we" and "our" refer to DivxMe Inc., including its successors and assigns; the terms "your" and "you" refer to the individual that has accepted these Terms, and includes any user operating under your Membership ID and password, or in the case where the person accessing the DivxMe Website or receiving DivxMe Services is 13 or older, but younger than 18, "you" refers to such person and his or her parent or legal guardian. As a parent or legal guardian, you agree to be responsible for any act or omission of any user older than 13 but younger than 18 that you permit to access and use the DivxMe Website or receive the DivxMe Services, or both.

Password

When you sign up to become a Member, you will be asked to choose a username and password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, user name or password of another Member at any time or to disclose your password to any other person (except a parent or guardian if you are a user 13 years of age or older and less than 18 years old). You agree to notify DivxMe immediately if you suspect any unauthorized use of your account or access to your password. You agree to hold DivxMe harmless for any damage arising from a third party accessing the Services using a password you disclosed, lost, had stolen, etc.)

Non-Commercial Use by Members

The DivxMe Services are for personal use of Members only and may not be used in connection with any commercial purposes except those that are specifically endorsed or approved by DivxMe, such as the Marketplace forum. Illegal or unauthorized use, or both, of the DivxMe Services, including collecting user names, e-mail addresses or other personally identifiable information of Members, or both, by electronic or other means for the purpose of sending unsolicited e-mail or unauthorized framing of or linking to the DivxMe Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the DivxMe Services.

Proprietary Rights in Content on DivxMe

Your Content

DivxMe does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials and information that you post to the DivxMe Website (collectively, "Your Content"). After posting Your Content to the DivxMe Website, you continue to retain all ownership rights in Your Content, and you continue to have the right to use Your Content in any way you choose. By posting, displaying or publishing any of Your Content on or through the DivxMe Services or the DivxMe Website, you hereby grant to DivxMe a non-exclusive, fully paid, royalty free, sub-licensable, transferable and worldwide license and right (the "License") to use, modify, create derivative works of, perform, display, reproduce, incorporate into other works and distribute Your Content solely on and through the DivxMe Services or DivxMe Website, and allow access to Your Content to other users or Members of the DivxMe Services or DivxMe Website. You also hereby grant each user of the DivxMe Website a non-exclusive license to access Your Content through the DivxMe Website, and to use, reproduce, distribute, prepare derivate works of, display and perform Your Content as permitted through the functionality of the DivxMe Website, the DivxMe Services and under these Terms.

This License will terminate at the time you remove Your Content from the DivxMe Services or DivxMe Website, except that you grant us a continuing perpetual license and right to maintain a copy of Your Content for archival purposes. This archival copy is not posted publicly on the DivxMe system; it is maintained only for the purpose of recovering Your Content and restoring accounts (in case of errors or system failure) or to cooperate with law enforcement agencies in order to make the DivxMe Website safer. Although we will use reasonable efforts to delete Your Content that you inform us in writing to remove, we can not warrant that all of Your Content can be successfully removed from the DivxMe Website or DivxMe Services or that other users of the Website or DivxMe Services will not have copied and distributed some or all of Your Content.

You represent and warrant to DivxMe that:

  • You own Your Content posted, displayed or published by you on or through the DivxMe Services and DivxMe Website or you otherwise have the right to grant to us the License set forth in this section; and
  • The posting, displaying or publishing of Your Content on or through the DivxMe Services or DivxMe Website does not violate the privacy rights, publicity rights, copyright, trade-mark, patent, trade secret, other intellectual property rights, contractual rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing to any person by reason of any of Your Content posted, displayed or published by you on or through the DivxMe Services or DivxMe Website.

DivxMe Content

The DivxMe Services and DivxMe Website contain text, files, images, designs, graphics, photos, video, sounds, musical works, page layouts, works of authorship, or any other materials created by or for, or otherwise owned by DivxMe ("DivxMe Content"). DivxMe Content is protected by copyright, trade-mark, patent, trade secret and other intellectual property rights, as DivxMe owns or has a license to use and it retains all rights in the DivxMe Content, the DivxMe Services and the DivxMe Website. DivxMe reserves all rights not expressly granted in and to the DivxMe Content.

DivxMe hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the DivxMe Content (excluding any software code) solely for your personal use in connection with viewing the DivxMe Website and using the DivxMe Services. Except as expressly authorized by DivxMe, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of DivxMe's Content.

Third Party Content

The DivxMe Services and DivxMe Website may also contain text, files, images, designs, graphics, photos, video, sounds, musical works, page layouts, works of authorship, or any other materials of other DivxMe licensors, suppliers or advertisers ("Third Party Content"). Except for Your Content and as otherwise expressly stated in these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell or otherwise distribute, any Content appearing on or through the DivxMe Services. For the purpose of these Terms, "Content" refers to Your Content, DivxMe Content and Third Party Content.

Copyright Policy

DivxMe respects the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the DivxMe Website or DivxMe Service any text, files, images, designs, graphics, photos, video, sounds, musical works, page layouts, works of authorship, or any other content that violates another party's intellectual property rights. According to the Digital Millennium Copyright Act, all notifications of alleged copyright infringements will result in the immediate removal of the content and the termination of the account of repeat offenders. You may submit any notice of alleged copyright infringement by contacting our Designated Agent.

Monitoring Content

You acknowledge and agree that DivxMe has no responsibility for monitoring, filtering or pre-screening Your Content or Third Party Content, but that we shall have the right (but not the obligation) in our sole discretion to refuse or remove any Content that violates these Terms. DivxMe may previews a users's content before it is posted on the Website to ensure conformance with these Terms.

You are solely responsible for Your Content and for your interactions with other Members or others using the Web Site or the DivxMe Services (including but not limited to interactions with other users) and DivxMe does not and has no obligation to monitor any Member's use of the Services. DivxMe does not endorse and has no control over Your Content or Third Party Content. That Content is not reviewed by DivxMe prior to its posting and does not reflect the opinions or policies of DivxMe. DivxMe makes no warranties, express or implied, as to Your Content or Third Party Content or as to the accuracy and reliability of that Content or any material or information that you transmit to other Members or others accessing and using the DivxMe Website, Content or DivxMe Services.

DivxMe further reserves the right to submit any of Your Content and Third Party Content posted or distributed on the Website to law enforcement authorities in the case of alleged criminal activities. This includes any of Your Content and Third Party Content distributed in areas identified as private under the Privacy Policy such as, but not limited to, video, images, and text.

Code of Conduct

Posting by you of any illegal or prohibited Content or engaging in certain illegal or objectionable conduct may, in our sole discretion, result in termination of your Membership. In addition, we reserve the right to investigate and take appropriate legal action, in our sole discretion, against anyone who violates this provision, including without limitation, removing the offending Content from the DivxMe Website and, if necessary, reporting violators to the appropriate law enforcement authorities. Content and conduct that is prohibited includes, but is not limited to, Content and conduct that, in our sole judgment:

  • is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred, child pornography or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • involves the transmission of "junk mail," "chain letters," "spam," or any other unsolicited mass mailing, e-mailing, or other communication;
  • results in the falsification of IP address information, modification of message headers to conceal your identity or to impersonate others, or is for the purpose of circumventing this Code of Conduct;
  • interferes with or disrupts the Services or the servers or networks used to provide or receive the Services or you disobey any requirement, procedure, policies and regulation of any networks used to provide and receive the Service;
  • includes any information that (1) you know is false or misleading, (2) promotes illegal activities or conduct that is abusive, or (3) is threatening, obscene, defamatory, or libelous;
  • constitutes or includes any illegal or unauthorized copy of another person's copyrighted or copyrightable work, including, but not limited to (1) pirated computer programs or links to them, (2) information that circumvents manufacturer-installed copy-protect devices, or (3) pirated music or links to pirated music files;
  • displays pornographic or sexually explicit material of any kind;
  • includes material that exploits people under the age of 18 in a sexual or violent manner, or is intended to solicit personal information from anyone under 18;
  • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses or other harmful code;
  • solicits passwords or personally identifying information for commercial or unlawful purposes from other Members;
  • covers or obscures the banner advertisements on your personal account page, or any DivxMe web page via HTML/CSS or any other means;
  • constitutes or includes any promotion, sales or other commercial activity such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
  • solicits people you don't know to add you or accept you as a friend on the Service.

Even though all of the Content and conduct that is described above is strictly prohibited, you might nonetheless become exposed to prohibited Content while using the Website or the Services. If so, because we do not control the posting of such Content, neither we, nor any of our officers, directors, employees, shareholders, advertisers, or licensors will in any way be responsible for any damages (to or from any party) related to any such exposure.

Privacy and Use of Information

You acknowledge that (a) we cannot ensure the security or privacy of Content you provide through the Internet, and you release us from any and all liability in connection with the use of such Content by other parties; (b) we are not responsible for, and cannot control, the use by others of any Content which you post on the Services or provide to them and you should use caution in selecting the personal information posted or provided to others through the Services; and (c) we cannot assume any responsibility for the Content sent by other users of the Services, and you release us from any and all liability in connection with the Content of any communications you may receive from other users.

External Links

The Services, Content, or Member pages may from time to time contain links to other Internet sites and resources ("External Links"). You acknowledge that we have no control over the External Links and that we are not responsible for, and have no liability as a result of, the availability of External Links or their contents. We recommend that you review the terms of use and privacy statements of such External Links prior to use of them.

Inclusion of an External Link on the DivxMe Services does not imply approval or endorsement of that website by DivxMe. Furthermore, DivxMe is not responsible for third party advertisements which are posted on this DivxMe Website or through the DivxMe Services, nor is it responsible for the goods and services provided by its advertisers.

Term

These Terms shall remain in full force and effect while you access and use the Website and during the time that you are a Member using the DivxMe Services. You may terminate your Membership at any time, for any reason, by following the instructions on the Members' account page. DivxMe may terminate your membership for any reason, at any time. Where possible, we will use reasonable efforts to give Members fair notice of termination of their access to the Services. If you are using a paid version of a Service (such as Premium service), and we terminate your membership in the Service because you have breached these Terms, you will not be entitled to any refund of unused subscription fees. Even after your Membership is terminated, certain sections of these Terms will remain in effect.

Disclaimer of Warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

  • YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DivxMe EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  • DivxMe MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES OR ANY SOFTWARE PROVIDED TO YOU THROUGH THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN SOFTWARE AND ANY SOFTWARE PROVIDED TO YOU THROUGH THE SERVICES WILL BE CORRECTED.
  • ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  • NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DivxMe OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Limitation of Liability

IN NO EVENT SHALL DivxMe, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, BUSINESS INTERRUPTION, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE DivxMe WEBSITE OR THE DivxMe SERVICES, WHETHER ONLINE OR OFFLINE, EVEN IF SUCH DAMAGES ARE FORESEEABLE OR DivxMe IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL DivxMe'S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, EXCEED THE AMOUNT OF FIVE HUNDRED DOLLARS ($500.00).

BY PARTICIPATING IN ANY OFFLINE DivxMe EVENT, YOU AGREE TO RELEASE AND HOLD DivxMe HARMLESS FROM ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND INCLUDING, WITHOUT LIMITATION, PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE, EITHER DIRECTLY OR INDIRECTLY RELATED TO OR ARISING FROM YOUR PARTICIPATION IN ANY SUCH OFFLINE DivxMe EVENT.

Internet Access

DivxMe shall not be responsible for any connection or access to the Website by you or the quality of the transmission of any information passing between you and the Website. You will be responsible for providing your own communications equipment to access the Website via the Internet, and the Internet access charges thereon.

Indemnity

You agree to defend, indemnify and hold harmless, DivxMe, our officers, directors, employees and agents, suppliers, licensors, sponsors and advertisers from and against any and all claims, damages, obligations, losses, costs and expenses, including without limitation reasonable legal fees and disbursements which we may suffer from your activities on or access to and use of the Website or the Service, including without limitation, any infringement or misappropriation of a third party's intellectual property rights or other proprietary rights by Your Content, any breach by you of these Terms including, but not limited to, the Code of Conduct or any charges or complaints made by other parties against you regarding Your Content or otherwise. You shall cooperate as fully as reasonably required in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim, includeing the associated defense costs. This defense and indemnification obligation will survive your use of the DivxMe Website, Services and the Terms.

General

These Terms constitute the entire agreement between you and DivxMe regarding the use of the DivxMe Services and the Website. The failure of DivxMe to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in the Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from the Terms and does not affect the validity and enforceability of any remaining provisions.

Please contact us at contact [@] DivxMe with any questions you may have regarding these Terms.