X264 Website Terms of Use
x264, LLC, Website Terms of Use
Effective Date: April 15, 2024
Your access and use of this website is provided by x264, LLC (“x264”, “we”, “us” or the “Company”) and is subject to the following terms and conditions:
1. Acceptance
The x264.org (the “Website”) is operated by x264, LLC, a limited liability company incorporated in Delaware with a business address at 548 Market Street, Suite 11745, San Francisco, CA 94104 USA. In consideration for allowing you to visit the Website, you agree, without limitation or qualification, to be bound by these terms and conditions of use (“Terms of Use”) and the Privacy Policy. You further agree to be bound by any and all subsequent modifications or revisions and to comply with any applicable laws and regulations. We recommend that users review the most up-to-date version of these Terms of Use periodically.
We reserve the right to modify or revise the Website and these Terms of Use, in our sole discretion, at any time. We do not guarantee that the Website or the content thereof are correct or always be available. We may discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website or content is incorrect or unavailable at any time or for any period. The materials provided on the Website are protected by applicable law, including, but not limited to, United States copyright laws and international treaties.
2. Restrictions
The content on the Website, such as text, graphics, images, illustrations, trademarks, trade names, service marks, logos, information and other materials (the “Content”) is protected by various intellectual property rights under both United States and foreign laws.
The Company authorizes you to view the Website and its’ Content. Without the express written consent of the Company, you are not authorized or licensed to use, reproduce, copy, duplicate mirror or transfer the Content or any portion thereof. The use of the Content on any other website or in a networked computer environment for any purpose is prohibited. You further agree not to use the Website for any purpose that is unlawful or prohibited by these Terms of Use, including to defame, harass, stalk, threaten, abuse or otherwise violate the rights of a third party. You may also not use the Website in any manner that could damage, disable, overburden or impair the Website, or interfere with any other party’s use and enjoyment of the Website. You may not attempt to gain unauthorized access to the Website through hacking, password mining or any other means.
The Company and the identified third parties own the intellectual property rights in the Content and all rights remain with the Company and identified third parties. You may view the Content on the Website, but no other rights are granted without the express written consent of the Company. All rights not expressly granted herein are reserved to the Company and the identified third parties. If you violate any of these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content. You agree not to remove or modify any acknowledgements, credits or legal notices contained on the Website or Content. Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may also violate copyright, trademark and other laws.
We reserve the right, in our sole discretion, to terminate your access to the Website, or any portion thereof, at any time, if we reasonably believe there is a justifiable reason, without prior notice or any notice. If, for any reason, you create any derivatives, modifications or improvements to the Content in contravention of these Terms of Use (the “Derivatives“); you hereby assign all right, title and interest in and to the Derivatives (including all existing and future intellectual property rights) to the Company in consideration for proceeding with legal action against you. You further represent and warrant that use by the Company or its licensees of the Derivatives will not infringe the intellectual property rights or other rights of your or any third party. At the request of the Company, you agree to sign all documents necessary or desirable by the Company to document and give effect to the assignment of the Derivative Rights.
3. Submission of Ideas
x264 does not accept submissions of any kind through the Website. If you or someone on behalf of you voluntarily submits any ideas, concepts, plans, data or other information to the Company (“Submissions”), then you hereby grant to the Company an irrevocable, perpetual, royalty-free license (including the right to sublicense to third parties) to make, use, have made, market, distribute, sell or otherwise enjoy and exercise any and all intellectual property rights in such Submissions. You hereby represent and warrant that any use by the Company or its licensees of the Submissions will not infringe the intellectual property rights or other rights of any third party.
4. Hyperlinks to Third Party Information
The Website may contain hyperlinks to other websites and webpages, as well as text, graphics, videos, images, music, sounds, and information originating from other third-parties (collectively, “Third Party Information”). The Company is not responsible for the Third Party Information and cannot ensure its accuracy, truthfulness or if the third party has changed the information. The inclusion of any Third Party Information does not indicate the Company’s approval or endorsement thereof. If you choose to leave the Website to access any Third Party Information, you do so at your own risk.
5. No Reliance on Information
Your use of the Website and its Content is at your own risk. The Content on the Website is provided “as is” and for general information only. The Content of the Website could include technical inaccuracies, typographical errors or out of date at any given time. We may update the Website and/or may change the Content at any time, but we are under no obligation to update them. The Website and/or Content is not intended to amount to legal or technical advice on which you should rely. You should obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website.
6. Liability of NeuLion and Its Licensors and Partners
The Company makes no representations, warranties or guarantees, whether express or implied, that the information and/or Content on the Website is accurate, free from any errors or omissions, complete or up-to-date. Subject to applicable law, neither the Company nor its licensees and contractors will be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use or inability to use, the Website or reliance on the Content. You expressly agree that neither the Company nor its licensees and contractors will be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any Content on it, or on any website linked to it.
Except as otherwise expressly permitted in these Terms of Use, you agree not to use the Website for any commercial or business purposes, and subject to applicable law, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity arising out of or related to your use, or the performance, of the Website or its Content. To the extent permitted by applicable law, the Company, its licensees and contractors excludes all conditions, warranties, representation or other terms which may apply to the Website or any Content on it, whether express or implied. Nothing in these Terms of Use excludes or limits the Company’s, its licensees and contractors liability for death or personal injury arising from negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.
7. Indemnity
You expressly agree to indemnify us against any loss, liabilities, damages, legal fees, costs and other losses suffered by x264, including its licensees and contractors, as a result of your use of the Website or its Content, except as permitted under these Terms of Use. You agree to indemnify us in full against any third-party liabilities, claims, costs, loss or damage incurred as a result of any use or breach by you of these Terms of Use.
8. Territory
The Company makes no claims that the Content is appropriate or may be downloaded outside of the United States of America. Access to the Website and Content may not be legal by certain persons or in certain countries. If you access the Website and its Content from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
9. Applicable Laws
Subject to the provisions of applicable law, these Terms of Use are governed in accordance with the laws of California, USA, without regard to its conflict of law provisions. You and x264 hereby expressly consent and submit to the exclusive jurisdiction of the state and federal courts in Los Angeles, California, USA for the adjudication or disposition of any claim, action or dispute arising out of these Terms of Use.
10. Waiver and Severability
If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
11. Notice and Take Down Procedures
If you believe the Content (or any part thereof) accessible on or from the Website infringes your intellectual property rights, you may request removal of those materials (or access thereto) from the Website by contacting x264 as shown on the contacts page of the Website. Please provide the following information: 1) Identify of the work that you believe to be infringed, including a copy or the location (e.g., URL) of an authorized version of the work; 2) Identification of the Content on our Website that you believe to be infringing your intellectual property rights and its location. Please describe the Content, and provide us with its URL or any other pertinent information that will allow us to locate the Content; 3) Your name, address, telephone number, and email address. 4) A statement that you are the owner or authorized agent of the owner of the intellectual property rights in the work you believe is being infringed; 5) A statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the intellectual property rights owner or authorized representative of the intellectual property rights owner; and 6) Your signature or the electronic equivalent. Please send the information to [email protected] and we will respond accordingly.
12. Trade Marks
Unauthorized use of any x264, our licensees or contractors trademarks, service marks or logo is prohibited, and may be a violation of federal and state trademark law.
13. Viruses
We do not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform in order to access the Website. You should use your own virus protection software.
You expressly agree not to misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You further agree not attempt to gain unauthorized access to the Website, the server on which the Website is stored, or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. If you breach these provisions, you expressly agree to compensate the Company, its licensees, contractors and any third party that is harmed or damaged by your actions. You may also be committing a criminal offence under applicable law. We reserve the right to report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
14. Policy Priorities
Any personal information you voluntarily submit or is collected to the Company is governed by the x264 Privacy Policy. To the extent there is an inconsistency between these Terms of Use and the Privacy Policy, the Privacy Policy shall govern. You are responsible for providing information that is accurate, current and complete. If you provide information that is not accurate, current or complete, or if we have reason to believe that information you provided is not accurate, current or complete, we have the right to prohibit you from any and all future use of the Website.
15. Complete Agreement
These Terms of Use and the x264 Privacy Policy constitute the entire agreement between you and x264 with respect to the use of the Website and its Content.
16. Contact Us
To contact us, please email [email protected] for any questions or concerns regarding these x264 Terms of Use or the x264 Privacy Policy.