Last Updated: January 25, 2007
Hello! Welcome to the web sites, web properties, and other things web-ish owned and operated by DivX, Inc. ("DivX"). We make available a variety of services through these sites and properties (a group we'll collectively, including our software and all video and other content available through DivX.com and Stage6, refer to as the "site") that we're proud of, and we hope you'll find them useful. Please read this agreement carefully. it explains how you can use the site, what you can't do on the site, and what will happen to you if you misbehave (hint: you won't like it... or then again maybe you will, but if you're one of those kinky types, please do us both a favor and keep it to yourself).
Before we get started, our lawyers would like us to explain several things to you. They're really quite nice people, so we're happy to oblige. For starters, our lawyers would like you to know that everything you do at our site is governed by this document, our Privacy Policy, and any other agreements applicable to the services you use on the site. They'd also like you to know that you have to be at least 18 or have the express permission of your parents to enter this agreement, and therefore to use this site. You also have to be at least 13 to use the site, regardless of whether your parents would give you permission; if you're under 13, go hang out somewhere else until you're old enough. (We promise to wait right here until you get back.) If you continue on to use the site, you represent to us that you meet these age requirements. Finally, our lawyers say that if you do not agree with anything we explain, require, or allow, your only recourse is to not use the site. By using the site, you are agreeing to everything we say here, including if we were to say that Santa Claus is real and lives with the Easter Bunny. We also reserve the right to change the terms of this agreement at any time, but agree to put the last date we updated it at the top of the page. So check back regularly to monitor when it changes if you're one of those people that likes to monitor legal documents for changes.
There, that's done. Now, to help you better understand the agreement, we've constructed this document based on how we think you might use the site. Be sure to read and understand each section of the agreement that applies to your personal use of the site.
If you are a visitor. First, understand that none of our software, nor anything on the site is yours. You also don't own our building, our computers, or the clothes on our backs, save for our "Madonna's `Who's That Girl' World Tour" t-shirt from 1987 which you can have if you want it (well, not actually, could you imagine what would happen if you all wrote us asking for that shirt?). Anyway, you may watch and download videos for your personal use, make backup copies for your personal use, and you can even show them privately to your friends (so long as your friends agree to abide by this agreement as well). Do not attempt to hack, circumvent, reverse engineer, or otherwise interfere with the site, our services, the software (including encryption or security technologies), or anything else you don't own. It's just not nice. If you download anything from the site (including software and content), please keep all copyright and other notices intact. Finally, please understand that you use the site at your own risk. We're not your mother, so we're not responsible for your use or misuse of anything you find here, nor are we responsible if you are offended or insulted or otherwise harmed. As the doctor once said, if it hurts when you touch there, stop touching there. If at any point you stop enjoying your use of our site, we suggest you try one of the other 18 quadrillion web sites available to you on the Internet. Honestly, life's too short to keep doing something that you don't like. Keep that in mind.
If you contribute by commenting, modding, or otherwise participating. First of all, thanks. We're building an open, active community, and it's not much fun if people don't participate. To protect, you, us, and our other visitors, though, we need you to properly introduce yourself before contributing. We're creating a community of real people and real media to explore, share, buy and sell. Own who you are, and don't pretend to be something you're not. To this end, we ask you to register for an account (only one, please) before you access and participate in the site.
Now, while we want this community to be open and active, there are some limits on what you should do. We don't review anything before you post it and we have no obligation to undo anything you or anyone else has done (though we reserve the right to do so), so think twice before you speak. Understand the spirit of the community we've set out here and don't do anything against that spirit. To help you understand this, here's a top-ten list of dos and don'ts:
10) Do no harm. More specifically, don't post anything that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, violent, threatening, or racially, sexually, ethnically or otherwise objectionable. In short, don't be a jerk.
9) Don't steal, pirate or swindle. In other words, don't post anything that you don't own or otherwise have the right to transmit and share. We take our own intellectual property rights seriously (as should you) and respect the intellectual property rights of others. It is our policy to respond to notices of alleged copyright infringement that comply or substantially comply with the Digital Millennium Copyright Act ("DMCA"), (the text of which can be found at the U.S. Copyright Office Web Site), and other applicable intellectual property laws. Steps for submitting notices under the DMCA to us are summarized and available here.
8) Don't undermine our feedback or ratings systems. Meaning, no falsifying accounts to earn extra mod points and no importing or exporting feedback information off of the site or using it for purposes unrelated to DivX.
7) Don't solicit. No posting of any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. (Asking people to buy your content does not count as soliciting).
6) Don't scrounge. Thus, no collecting or storing personally identifying information about other visitors for commercial or unlawful purposes. You wouldn't want someone to do it to you, so don't do it to others.
5) Don't troll. Other users of the site work hard to create content, so please don't use automated means to download data from or modify, publish, transmit, transfer, sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any content from any database associated with the site, including by using spiders, robots, crawlers or the like (unless you are a public search engine, in which case we grant you an express license to use spiders to copy materials from the site solely for the purpose of creating publicly available indices of the materials).
4) Don't use our site as storage for remote loading or as a door or signpost to another homepage. There are plenty of free FTP sites, and blog hubs; if that's all you want to do.
3) Don't pose. We've said it before, and we'll say it again, we are a community of real people; pretending to be someone you're not (especially one of us) is just not cool.
2) Do not disturb. Please don't interfere with or disrupt any of our services, servers or networks connected to our services, or disobey any requirements, procedures, policies or regulations of networks connected to our services or our site itself.
1) Don't steal, pirate or swindle. We know this was number 9, but it bears repeating. We don't want unlicensed content on our site. If there is stuff on the site you recognize, it is probably because we worked really hard to license it. When you post pirated content, you cause our lawyers to turn grey prematurely. Remember, this is a community of creators; you wouldn't want someone stealing your stuff from here, so don't steal their stuff from elsewhere.
Of course, there is much you can do on the site, and we actively encourage you to engage with and monitor the site. Please use the the "Report Inappropriate Content" link next to the content, or notify us at TOUViolations@divx.com or by mail at Community Team, DivX, Inc., 4780 Eastgate Mall, San Diego, CA 92121 if you come across conduct that you believe violates this agreement and/or is contrary to the spirit of our community. We also welcome your suggestions on ways we could improve our site. But while we welcome these suggestions, please understand that by making them, you have given (by which we mean, you legally "assign") these suggestions to us to use as we see fit, and you won't be compensated for them. (That's just the way it's gotta be.)
In the end, it comes down to this: we are going to hold you responsible for any activity that goes on under your username, so keep your password secure, logout when you leave a public computer, and let us know immediately if you identify unauthorized use of your password or account, or any other security breach. We can't be liable for any loss or damage if you fail to do these things.
If you purchase software, services, content, or anything else. If you purchase anything on our site, recognize that it is governed by license and/or law and treat it accordingly. In particular, our software is governed by intellectual property laws and export control laws, and Content is governed by license and intellectual property laws; compliance with these and other applicable laws is your responsibility. Unless we specifically tell you otherwise, all purchases you make are final. We do want you to be happy, so if you experience technical difficulties or if you have questions, please contact us at support@divx.com or stage6support@divx.com . We will do our very best to respond to you promptly.
If you publish or create channels. What holds for others participating on the site holds for you as well. Your use of the site tells us that you understand everything we say in this document and in the Publisher's Agreement. You are the lifeblood of this site and we love you, but we are also afraid of you. Please understand that we may send you a warning (or not), block, remove, or refuse to publish any or all of your content for any reason at all, including that we had a bad dream about it, or that our girlfriends all thought you were too cute, or lower your karma (yes, we mean that). If we really don't like you, we can terminate your account at any time. Don't take it too personally.
If You Link to Us. We're happy to have you link to us, but it's important that we protect the integrity of the DivX brand (and its logos, etc.). So, you may link to the site, but only if you use the linking code we provide to you and if you comply with the DivX Trademark and Usage Guidelines. Also, if you choose to link to us by embedding videos you find on Stage6 in your site, please remember that your license to the content is only for personal use and only if those you display to agree to the same terms and conditions, so make sure to point visitors of your site back to this terms of use.
Other Legal Stuff. Please read this section carefully. It's very important stuff, but we've found it impossible to re-write it in plain English. Imagine your favorite lawyer standing next to you in your room and reading it to you.
No Warranty. THE SITE, INCLUDING WITHOUT LIMITATION ALL INFORMATION, CONTENT AND SERVICES MADE AVAILABLE ON IT, IS PROVIDED "AS IS" AND WITH NO WARRANTY OF ANY KIND. DIVX EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE VIEW OR OBTAIN CONTENT, SOFTWARE AND/OR OTHER MATERIAL THROUGH THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE VIEWING OR DOWNLOAD OF SUCH CONTENT, SOFTWARE OR OTHER MATERIAL.
THIS SITE IS CONTROLLED AND OPERATED BY DIVX FROM ITS FACILITIES IN THE UNITED STATES. DIVX MAKES NO WARRANTY OR REPRESENTATION THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
Limitation of Liability. UNDER NO CIRCUMSTANCES WILL DIVX, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR MISUSE OF THE SITE OR ITS SERVICES.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT DIVX SHALL NOT BE LIABLE FOR ANY THIRD PARTY CONTENT YOU ACCESS, DOWNLOAD AND/OR PURCHASE THROUGH THE SITE OR FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL ACTIVITIES OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM FROM ANY OF THE FOREGOING LIES ENTIRELY WITH YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH ANY OF THE TERMS CONTAINED IN THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. UNDER NO CIRCUMSTANCES SHALL DIVX BE LIABLE TO YOU FOR ANY AMOUNT.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Release and Waiver. To the maximum extent permitted by applicable law, you hereby release, and waive all claims against DivX and its employees and agents from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising out of or in any way connected with use of the site. If you are a California resident, you specifically agree to waive your rights under California Civil Code § 1542, which states, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." Residents of other jurisdictions similarly waive their rights under applicable and/or analogous laws, statutes or regulations.
Indemnification. You agree to defend, hold harmless and indemnify DivX, its officers, directors, employees or agents, from and against any third party claim arising from or in any way related to your use or misuse of the site, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, DivX will provide you with written notice of such claim, suit or action.
Governing Law; Venue. This agreement shall be construed as if jointly drafted by the parties. This agreement shall be governed by and construed and enforced in accordance with the laws of the State of California (United States of America) without regard to its rules on conflict of laws or any other rules that would result in the application of a different body of law. Any legal proceedings arising out of or relating to this agreement or its alleged breach shall be brought in the Federal District Court for the Southern District of California or, in the event that such court lacks jurisdiction, in the California state courts in San Diego County, California, to the exclusion of any other forum. The parties hereby submit to the exclusive personal jurisdiction of these courts and hereby waive any forum non conveniens, venue or other challenge to the appropriateness of such courts. The parties specifically exclude from application to the Agreement the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. The parties also unconditionally waive their respective rights to a jury trial for any claim or cause of action arising out of or relating to, directly or indirectly, this agreement or the subject matter thereof.
Miscellaneous. If any provision of this agreement is held to be invalid or unenforceable, including without limitation the warranty disclaimers and liability limitations set forth above, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. DivX's failure to act with respect to a breach by you or others does not waive DivX's right to act with respect to subsequent or similar breaches. The failure of DivX to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. The section headings and subheadings contained in this agreement are included for convenience only, and shall not limit or otherwise affect the terms of this agreement. Those rights and obligations which by their very nature are intended to survive termination or expiration of this agreement shall survive, including without limitation your obligation to indemnify DivX, DivX's disclaimer of all warranties, and the limitation of liability herein. This agreement, together with the privacy policy and any other agreements between you and DivX concerning the site or its services, constitutes the entire agreement between DivX and you with respect to the site.
That's All Folks. Thanks for reading all the way to the end. We're excited about all of our offerings, including Stage6 and we hope you are too. Now close this window and move on to the fun stuff.
NOTICE: The term "DivX ®" is a trademark of DivX, Inc. ©2006 All rights reserved. All other marks that appear throughout the site belong to DivX or the respective owners of such marks and are protected by U.S. and international copyright and trademark laws. Any use of any of the marks appearing throughout the Site without the express written authorization of DivX or the owner of the mark, as appropriate, is strictly prohibited.