Xvid General Terms of Service ("Agreement")

This Agreement was last modified on December 15, 2016.


Definitions

The "Xvid" trademark and the "xvid.com" domain name are registered/owned by M. Militzer and protected worldwide,"xvidsolutions.com" and "xvidlabs.com" are sites owned by Xvid Solutions GmbH,"xvidservices.com" is a site owned by Xvid Services OÜ (all parties collectively referred to as "Xvid Site Owners").


Recitals

Please read these General Terms of Service ("Agreement", "Terms and Conditions") carefully before using https://xvid.com and any of its subdomains or sub-services ("the Site") operated by the Xvid Site Owners ("us", "we", or "our"). This Agreement sets forth the legally binding terms and conditions for your use of the Site at https://xvid.com and its subdomains.

By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms and Conditions. Capitalized terms are defined in this Agreement.


Intellectual Property

The Site and its original content, features and functionality are owned by us and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.


Termination

We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.


Refunds

Access to our site is generally provided free of charge. For any add-on services where we may charge a fee, we will charge you only after the service has been successfully rendered and been consumed by you. As such, generally no refunds will be given.


Links To Other Sites

Our Site may contain links to third-party sites that are not owned or controlled by us.

We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.


Governing Law

This Agreement (and any futher rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Switzerland, without giving effect to any principles of conflicts of law.


Changes To This Agreement

We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site or its sub-services after any such changes constitutes your acceptance of the new Terms and Conditions.

Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.


Contact Us

If you have any questions about this Agreement, please contact us.


MediaHub Service Agreement ("MSA")

This Agreement was last modified on December 15, 2016.


Definitions

  • Browser - The term "Browser" refers to a program used to provide interactive, graphical access to sites on the World Wide Web.
  • Internet - The term "Internet" refers to the global network of computers using the TCP/IP protocol for communication.
  • Web - The term "Web" refers to the World Wide Web. The Web is an information system on the Internet that allows documents to be connected to other documents by hypertext links.
  • Website - The term "Website" refers to a series of interconnected Hypertext Markup Language documents capable of residing on a single web server or computer.
  • Gigabyte (GB) - The term "Gigabyte (GB)" refers to a measure of data storage capacity equal to 1,000,000,000 bytes


Recitals

Xvid MediaHub, as accessible at https://mediahub.xvid.com, is a cloud-based web service that facilitates the transcoding, storage and CDN delivery of online video (the "MediaHub Service") and is operated by Xvid Services OÜ ("Xvid", "we", "our" or "us"). In this context:

  • Transcoding - The term "Transcoding" shall refer to computational resources provided by Xvid on its servers to process, convert or compress video files associated with your Website, or any other files provided by you for use with the service. The amount of data transcoded is measured and billed in units of GBs based on the size of the output files resulting from the transcoding.
  • Storage - The term "Storage" shall refer to disk space provisioned by Xvid on its cloud infrastructure or storage servers to enable you to archive parts of your Website contents, other files associated with your Website or generally also any other data that you upload for storage or that results from transcoding or processing files with the MediaHub service. The amount of data stored will be determined and billed based on the daily amount of GBs stored in your account throughout each day of a month and then averaged based on the number of days in the month to yield a monthly average storage consumption.
  • CDN Bandwidth - The term "CDN Bandwidth" shall refer to the monthly bandwidth (= data delivered/transfered over the Internet) measured in units of GBs. The CDN bandwidth includes all ingress and egress traffic passed through Xvid’s networks as required to deliver your content via the MediaHub service to end-users, or more generally, to serve any Internet requests for your content through our infrastructure. You will be billed based on the amount of GBs transferred within each month that you use the MediaHub service.
Please read this MediaHub Service Agreement ("Agreement", "MSA") carefully before using the MediaHub service. Unless a deviant agreement has been explicitely agreed to in writing, this Agreement sets forth the legally binding terms and conditions for your use of the MediaHub service and any of its sub-services.

By subscribing to, accessing or using the MediaHub service in any manner, including, but not limited to, visiting or browsing the MediaHub dashboard and/or uploading, processing, storing or distributing any content or other materials using the service, you agree to be bound by the Terms of this Agreement.


Availability of the MediaHub Service

The MediaHub Service is available to Internet users approximately 24 hours a day, subject to planned or unplanned maintenance and network interruptions. To minimize service downtime during peak usage periods, we will aim to schedule routine maintenance during the hours of lowest average usage of network and services, if possible.

While we strive to make available our MediaHub Service at 99.9% (or more) of the time throughout a month, we do not guarantee this level of availability. The service is essentially provided on a best-effort basis only. However, we'll provide you with tools to monitor and track the uptime of our MediaHub Service in realtime at http://status.xvid.com/. You also have access to various usage statistics via the MediaHub Web Site and API.

You are solely responsible for keeping backups of all your content that you create, store, process or distribute using our MediaHub service.


Compensation and Fees

The price for all services that we provide to you will be billed in Euros and based on our standard price list published on the MediaHub Web Site (currently, https://mediahub.xvid.com/pricing/). Unless explicitely agreed otherwise, fees comprise of a fixed monthly Service Subscription Fee that is always due in each month during which you are subscribed to the service and variable Overage Usage fees based on your actual per-GB usage of Transcoding, Storage and CDN Bandwidth services within the respective billing period.


Invoices

Unless otherwise determined by Xvid at its sole discretion, Xvid will invoice you for any and all services on a monthly basis once the services have been rendered. All invoices are immediately due and payable upon receipt. All sales are final and generally no refunds are given.


Term and Cancellation

The initial term of this MSA shall be for 1 month beginning with the day that you subscribe to the MediaHub Service. Unless terminated, your subscription to the MediaHub Service and the term of this Agreement shall always continue to automatically renew for another 1 month period.

The Initial Term and all successive renewal periods shall be referred to, collectively, as the "Term".

AT THE END OF EACH TERM, YOU ACKNOWLEDGE, AGREE AND AUTHORIZE XVID TO AUTOMATICALLY BILL AND/OR CHARGE YOUR CREDIT CARD ON FILE FOR ANY SUBSCRIPTION AND USAGE FEES ACCRUED THROUGHOUT THE TERM.

You may terminate this agreement at any time towards the end of the current Term by cancelling your MediaHub Service subscription via the MediaHub Web Site at https://mediahub.xvid.com/app/. The Agreement may also be terminated by Xvid at any time, without notice, if, in our sole and absolute discretion and/or judgment, you are in violation of any term or condition of this Agreement (or referenced agreements), including but not limited to non-payment of invoices due or violation of our Acceptable Use Policy; further, if your use of our services disrupts or, in our sole and absolute discretion and/or judgment, could disrupt, Xvid's business operations.


Warranties and Representations

With your use of the MediaHub Service, you represent and warrant to Xvid that:

  • You own or have the right to use all material that you provide to Xvid, including all text, graphics, sound, video, programming scripts, and applets;
  • The use, reproduction, processing, storage, distribution, and transmission of the content, or any information or materials contained in it, on, from and through our servers does not:
    • infringe or misappropriate any copyright, patent, trademark, trade secret, or any other proprietary rights of a third party;
    • violate any criminal laws;
    • constitute any false advertising, unfair competition, defamation, an invasion of privacy, violate a right of publicity, or violate any other law or regulation.

You agree that your use of the MediaHub Service and your reliance on information provided by us are entirely your own risk. You acknowledge and agree that we exercise no control over, and accept no responsibility for, the content of data, files, scripts, or other information passing through our services, infrastructure, host computers, network hubs and points of presence or the Internet.

THE SERVICES PROVIDED UNDER THIS MSA ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. NEITHER XVID, ITS CUSTOMERS, EMPLOYEES, AGENTS, OR AFFILIATES MAKE ANY WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, FOR THE SERVICES OR ANY EQUIPMENT PROVIDED IN CONJUNCTION THEREWITH. NEITHER XVID NOR ITS CUSTOMERS, EMPLOYEES, AGENTS, OR AFFILIATES MAKES ANY WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. XVID IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM YOU OR PROCESSED AND STORED BY YOU OR ANY OF YOUR CUSTOMERS VIA THE SERVICES PROVIDED BY XVID.

The terms of this section shall survive any termination of this Agreement.


Limitation of Liability

You agree that neither Xvid nor any of its employees, customers, or agents shall be held responsible or liable for situations where the services are accessed by third parties through illegal or otherwise unauthorized means, including situations where data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to Xvid at the time) which may exist in the services or Xvid's equipment used to provide the services.

Under no circumstances, including negligence, shall Xvid or any of its employees, customers, or agents be liable for any indirect, incidental, special, consequential or punitive damages, or loss of profits, revenue, data or use by you, any of your customers, or any other third party, whether in an action in contract or tort or strict liability or other legal theory, even if Xvid has been advised of the possibility of such damages. Neither Xvid nor any of its employees, customers, or agents shall be liable to you, any of your customers, or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the MediaHub Service or any of its sub-services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Xvid’s records, programs, equipment or services. Xvid shall not be liable to recourse.

The terms of this section shall survive any termination of this Agreement.


Indemnification

You agree to indemnify, defend and hold harmless Xvid and its parent, subsidiary, sister and affiliated companies, and each of their respective members, officers, directors, employees, shareholders and agents (each an "indemnified party" and, collectively, "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to your use of the MediaHub Service or any of its sub-services, any violation by you of this agreement, any breach of any representation, warranty or covenant of you contained in this Agreement or any acts or omissions of you.

The terms of this section shall survive any termination of this Agreement.


Acceptable Use Policy

The MediaHub Service and all its sub-services may be used only for lawful purposes. Transmission, processing, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, material that is malicious to Xvid‘s network or servers (e.g. viruses, malware, trojan horses, etc.), and material that is obscene, defamatory, constitutes an illegal threat, or violates export control or data privacy laws, or any other applicable law.

Any violation of any individual or entity’s intellectual property rights including, rights of privacy and rights of publicity are prohibited and may result in a suspension or termination of your MediaHub Service account. We are required by law to remove or block access to content appearing on or through our services upon receipt of proper notice of copyright infringement (see "Copyright Infringement Notice Information" below).

Violations of system or network security are strictly prohibited, and in addition to immediate account suspension and termination without notice, may result in criminal and civil liability. Examples of system or network security violations include, but are not limited to, the following: Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to bypass security or authentication measures without express authorization of the owner of the system and network. Interference with service to any other user, host or network including, without limitation, mail-bombing, sending unsolicited mass mail messages (SPAM), flooding, deliberate attempts to overload the system, denying service to any user or host (e.g. denial of service attacks and/or DNS spoofing attacks) and broadcast attacks.


Copyright Notice Infringement Information

Pursuant to the Digital Millennium Copyright Act, we reserve the right to remove or block content that is properly complained about pursuant to this Section. You expressly acknowledge that you are aware of this provision. You waive any claims against us that you may have should you be injured by the enforcement of this provision. If a Copyright Holder believes that there has been a violation of their copyright on a website which content is hosted by us and the Copyright Holder demands that we remove the material in question, we shall be entitled to remove or disable access to the material if the Copyright Holder provides us with all of the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • 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.
  • Identification of the material that is claimed to be infringing or to be 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 the service provider to locate the material.
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • A statement that the complaining party 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 under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.


Right to Monitor and Remove Unacceptable Content

You acknowledge that we have the right, but not the duty, to review and monitor all content submitted for, processed through or included on our MediaHub Service, and in our sole discretion to take immediate corrective action, including but not limited to removing any content that we find objectionable for any reason, without prior notice to you. You agree that Xvid shall have no liability to you or to any of your customers due to any corrective action that we may take (including, without limitation, suspending your MediaHub Service account and disconnection of services).


Severability

In the event, any provision of this Agreement is partially or completely ineffective or unenforceable, the remaining provisions shall remain unaffected and the ineffective or unenforceable provision shall be deleted and replaced by an effective and / or enforceable provision coming closest to the economic purpose of the deleted provision.


Governing Law

This Agreement (and any futher rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Switzerland, without giving effect to any principles of conflicts of law.


Changes To This Agreement

We reserve the right, at our sole discretion, to modify or replace the terms of this Agreement by posting the updated terms on our Web Site. Your continued use of the MediaHub Service or its sub-services after any such changes constitutes your acceptance of the new Terms and Conditions.

Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the MediaHub Service or discontinue any use of the service immediately.