Divvi Terms of Use

Last Modified: September 28, 2024

Acceptance of the Terms of Use

Welcome to Divvi! Divvi allows users to create and upload videos and a variety of content to

compete in themed competitions, as well as allowing users to watch, share, comment, and vote

on the videos of other users.

These terms of use are entered into by and between you and Divvi LLC (“Divvi” & “Company”;

“we” or “us”). The following terms and conditions (“Terms of Use”) govern your access to and

use of Divvi, including any content, functionality, and services offered on or through Divvi (the

“App”).

Please read the Terms of Use carefully before you start to use the App. By using the App, you

accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the App.

This App is offered and available to users who are 13 years of age or older. By using this App,

you represent and warrant that you are of legal age to form a binding contract with the Company

or that you have received the permission of your parent or guardian to access the App, and that

you meet all of the foregoing eligibility requirements. If you do not meet all of these

requirements, you must not access or use the App.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All

changes are effective immediately when we post them and apply to all access to and use of the

App thereafter. However, any changes to the dispute resolution provisions set out in Governing

Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or

before the date the change is posted on the App.

Your continued use of the App following the posting of revised Terms of Use means that you

accept and agree to the changes. You are expected to check this page from time to time so you

are aware of any changes, as they are binding on you.

Accessing the App and Account Security

We reserve the right to withdraw or amend this App, and any service or material we provide on

the App, in our sole discretion without notice. We will not be liable if for any reason all or any

part of the App is unavailable at any time or for any period. From time to time, we may restrict

user access, including registered user access, to some parts of the App or the entire App.

You are responsible for both:

· Making all arrangements necessary for you to have access to the App.

· Ensuring that all persons who access the App through your internet connection are aware

of these Terms of Use and comply with them.

To access the App or some of the resources it offers, you may be asked to provide certain

registration details or other information. It is a condition of your use of the App that all the

information you provide on the App is correct, current, and complete. You agree that all

information you provide to register with this App or otherwise, including, but not limited to,

through the use of any interactive features on the App, is governed by our Privacy Policy [LINK

TO PRIVACY POLICY], and you consent to all actions we take with respect to your

information consistent with our Privacy Policy.

While parts of our App can be accessed without a Divvi account, certain features require one.

With a Divvi account, features like Jackpot Play, Competitive Play, Biggest Loser are accessible. Creating a Divvi account gives you access to additional features like uploading

videos, making comments, and/or voting. You also acknowledge that your account is personal to

you and agree not to provide any other person with access to this App or portions of it using your

username, password, or other security information. You agree to notify us immediately of any

unauthorized access to or use of your username or password or any other breach of security. You

should use particular caution when accessing your account from a public or shared computer so

that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you

or provided by us, at any time in our sole discretion for any or no reason, including if, in our

opinion, you have violated any provision of these Terms of Use.

Privacy Policy

Your privacy is important to us. Our Privacy Policy explains how we treat your personal data

and protect your privacy while using our App.

Permissions and Restrictions

You may access and use the App as made available to you, as long as you comply with this

Agreement, Privacy Policy, and the applicable law.

· You may not access, reproduce, download, distribute, transmit, broadcast, display, sell,

license, alter, modify, or otherwise use any part of the App or any content on the App

except as expressly authorized by Divvi and, if applicable, the respective rights holders.

· You may not make unauthorized copies, reverse engineer, decompile, disassemble,

modify, adapt, translate, or create derivative works of the App or any of its content,

including any files, tables or documents or determine or attempt to determine any source

or object code, algorithms, or methods embodied by the App.

· You may not circumvent, disable, fraudulently engage with, or otherwise interfere with

any part of the App, including without limitation, security-related features or features that

prevent or restrict content copying or use.

· You may not distribute, upload, transfer, store or send any malicious code, viruses,

trojans, worms, or other software, code or material that is technically harmful.

· You may not integrate or combine the App with other software, products, or programs.

Divvi, may decide in its sole discretion, to refuse service, limit access, or terminate

accounts.

3

· You may not collect or harvest any private information of other persons, including

without limitation, addresses, phone numbers, email addresses, credit card numbers,

identifiers (such as passport or driver’s license numbers).

· You may not falsely impersonate other persons/entities, or misrepresent your affiliations

with other persons/entities, including without limitation, relating to accounts, channels, or

content, or use or attempt to use another person/entity’s account, or create a false identity on

the App.

· You may not post content that is defamatory, obscene, pornographic, harassing, violent,

or abusive conduct, including without limitation content that promotes violence, abuse, or

self-harm.

· You may not use the App or post content that infringes the intellectual property rights or

privacy rights of other persons/entities.

· You may not use the App to distribute unsolicited promotional or commercial content or

other unwanted spam or mass solicitations.

· You may not misrepresent genuine user engagement with the App, including artificially

inflating metrics like votes, video views, likes, dislikes, subscribers.

· You may not misuse reporting, flagging, complaint, dispute, or appeals processes,

including making groundless or vexatious submissions.

· You may not take actions that prevent or restricts others from access to, or use of the

App, or which expose Divvi, the App, or its users to harm or liability.

License to Divvi

You retain ownership rights to the content that you upload to the App. By providing content to

the App, you grant to Divvi a worldwide, non-exclusive, royalty-free, sublicensable, and

transferable license to use that content (including to reproduce, distribute, prepare derivative

works, display, and perform it) in connection with the App and Divvi (and their successors and

affiliates) business, including for the purpose of promoting and redistributing part or all of the

App.

Your Content

If you have a Divvi account, you may be able to upload content to the App (your “Content”).

You may use your Content to promote your business or creative pursuits. If you choose to upload

Content, you must not submit to the App any Content that does not comply with this Agreement

or the law. The Content you submit must not include third-party intellectual property (such as

copyrighted material) unless you have permission from that party or are otherwise legally entitled

to do so. You are legally responsible for the Content you submit to the App. We may use

automated systems that analyze your Content to help detect infringement and abuse, such as

spam, malware, and illegal content.

Right to Monetize

You grant to Divvi the right to monetize your Content on the App (and such monetization may

include displaying ads on or within Content or charging users a fee for access). This Agreement

does not entitle you to any payments for such monetization.

4

You may not run contests on the App that do not comply with all rules and regulations that Divvi

may from time to time supply and this Agreement.

Divvi License to Users

Subject to the terms of this Agreement, you are hereby granted a non-exclusive, limited,

nontransferable, non-sublicensable, revocable, worldwide license to access and use the App,

including downloading and using the App on a permitted device, and accessing the Content

solely for your personal, non-commercial use through your use of the Service and solely in

compliance with these Terms. However, no rights are licensed relating to musical works through

the App. Divvi reserves all rights not expressly granted herein in the App and the Content. Divvi

may terminate this license at any time for any reason or no reason.

No Representations - Content, Third-Party Services or Links

Divvi makes no representations, warranties, or guaranties (whether express or implied) that any

Content is correct, accurate, or current. Divvi does not have any obligations to screen, review,

investigate, or validate any Content, including without limitation, content from users or third parties.

Our App may contain links to third party websites and services that Divvi does not own or

control. We have no responsibility for third party websites and services. Please read their terms

and privacy policies when leaving our App.

Termination and Suspension

You have the right to stop using the App at any time. Divvi reserves the right to suspend or

terminate your Divvi account or access to the App if you breach this Agreement, to comply with

legal requirements or court orders, or if there is conduct that may create liability or harm to

users, third parties, Divvi, or its affiliates.

We have the right to:

· Remove or refuse to post any Content for any or no reason in our sole discretion.

· Take any action with respect to any Content that we deem necessary or appropriate in our

sole discretion, including if we believe that such Content violates the Terms of Use,

infringes any intellectual property right or other right of any person or entity, threatens

the personal safety of users of the App or the public, or could create liability for the

Company.

· Disclose your identity or other information about you to any third party who claims that

material posted by you violates their rights, including their intellectual property rights or

their right to privacy.

· Take appropriate legal action, including without limitation, referral to law enforcement,

for any illegal or unauthorized use of the App.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement

authorities or court order requesting or directing us to disclose the identity or other information

of anyone posting any materials on or through the App. YOU WAIVE AND HOLD

HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE

PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY

5

OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF,

INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT

AUTHORITIES.

However, we cannot review all material before it is posted on the App and cannot ensure prompt

removal of objectionable material after it has been posted. Accordingly, we assume no liability

for any action or inaction regarding transmissions, communications, or content provided by any

user or third party. We have no liability or responsibility to anyone for performance or

nonperformance of the activities described in this section.

Reliance on Information Posted

We do not warrant the accuracy, completeness, or usefulness of the information or content

posted on the App. Any reliance you place on such information is strictly at your own risk. We

disclaim all liability and responsibility arising from any reliance placed on such materials by you

or any other visitor to the App, or by anyone who may be informed of any of its contents.

This App includes content provided by third parties, including materials provided by other users,

bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All

statements and/or opinions expressed in these materials, and all articles and responses to

questions and other content, other than the content provided by the Company, are solely the

opinions and the responsibility of the person or entity providing those materials. These materials

do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or

any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the App

Divvi is constantly changing and improving the App. As part of this continual evolution, we

may make modifications or changes (to all or part of the App), such as adding or removing

features and functionalities, offering new digital content or services, or discontinuing old

ones. We may also need to alter or discontinue the App, or any part of it, to make

performance or security improvements, comply with the law, or prevent illegal activities on or

abuse of our systems. These changes may affect all users, some users, or even an individual

user. When the App requires or includes downloadable software, that software may update

automatically on your device once a new version or feature is available, subject to your device

settings.

Linking to the App and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not

damage our reputation or take advantage of it, but you must not establish a link in such a way as

to suggest any form of association, approval, or endorsement on our part without our express

written consent.

This App may provide certain social media features that enable you to:

· Link from your own or certain third-party Apps to certain content on this App.

· Send emails or other communications with certain content, or links to certain content, on

this App.

· Cause limited portions of content on this App to be displayed or appear to be displayed

on your own or certain third-party Apps.

6

You may use these features solely as they are provided by us, solely with respect to the content

they are displayed with, and otherwise in accordance with any additional terms and conditions

we provide with respect to such features. Subject to the foregoing, you must not:

· Establish a link from any App that is not owned by you.

· Cause the App or portions of it to be displayed on, or appear to be displayed by, any other

site, for example, framing, deep linking, or in-line linking.

· Otherwise take any action with respect to the materials on this App that is inconsistent

with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to

stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our

discretion.

Links from the App

If the App contains links to other sites and resources provided by third parties, these links are

provided for your convenience only. This includes links contained in advertisements, including

banner advertisements and sponsored links. We have no control over the contents of those sites

or resources and accept no responsibility for them or for any loss or damage that may arise from

your use of them. If you decide to access any of the third-party Apps linked to this App, you do

so entirely at your own risk and subject to the terms and conditions of use for such Apps.

Geographic Restrictions

The owner of the App is based in the State of Virginia in the United States. We provide this App

for use only by persons located in the United States. We make no claims that the App or any of

its content is accessible or appropriate outside of the United States. Access to the App may not

be legal by certain persons or in certain countries. If you access the App from outside the United

States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for

downloading from the internet or the App will be free of viruses or other destructive code. You

are responsible for implementing sufficient procedures and checkpoints to satisfy your particular

requirements for anti-virus protection and accuracy of data input and output, and for maintaining

a means external to our site for any reconstruction of any lost data. TO THE FULLEST

EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR

DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR

OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR

COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER

PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APP OR ANY SERVICES OR

ITEMS OBTAINED THROUGH THE APP OR YOUR DOWNLOADING OF ANY

MATERIAL POSTED ON IT, OR ON ANY APP LINKED TO IT.

YOUR USE OF THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED

THROUGH THE APP IS AT YOUR OWN RISK. THE APP, ITS CONTENT, AND ANY

SERVICES OR ITEMS OBTAINED THROUGH THE APP ARE PROVIDED ON AN "AS IS"

7

AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER

EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED

WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH

RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY,

ACCURACY, OR AVAILABILITY OF THE APP. WITHOUT LIMITING THE

FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE

COMPANY REPRESENTS OR WARRANTS THAT THE APP, ITS CONTENT, OR ANY

SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL BE ACCURATE,

RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE

CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE

FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APP OR ANY

SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL OTHERWISE MEET

YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY

DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,

STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY

WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR

PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE

EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY,

ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES,

AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND,

UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR

USE, OR INABILITY TO USE, THE APP, ANY APPS LINKED TO IT, ANY CONTENT ON

THE APP OR SUCH OTHER APPS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL,

INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT

LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS,

LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED

SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER

CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR

OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE

EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and

service providers, and its and their respective officers, directors, employees, contractors, agents,

licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages,

judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising

out of or relating to your violation of these Terms of Use or your use of the App, including, but

not limited to, your Content, any use of the App’s content, services, and products other than as

8

expressly authorized in these Terms of Use, or your use of any information obtained from the

App.

Governing Law and Jurisdiction

All matters relating to the App and these Terms of Use, and any dispute or claim arising

therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be

governed by and construed in accordance with the internal laws of the State of Virginia without

giving effect to any choice or conflict of law provision or rule (whether of the State of Virginia

or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the App

shall be instituted exclusively in the federal courts of the United States or the courts of the State

of Virginia, although we retain the right to bring any suit, action, or proceeding against you for

breach of these Terms of Use in your country of residence or any other relevant country. You

waive any and all objections to the exercise of jurisdiction over you by such courts and to venue

in such courts.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be

deemed a further or continuing waiver of such term or condition or a waiver of any other term or

condition, and any failure of the Company to assert a right or provision under these Terms of Use

shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent

jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be

eliminated or limited to the minimum extent such that the remaining provisions of the Terms of

Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you

and Divvi LLC regarding the App and supersede all prior and contemporaneous understandings,

agreements, representations, and warranties, both written and oral, regarding the App.

Your Comments and Concerns

This App is operated by Divvi LLC.

All feedback, comments, requests for technical support, and other communications relating to the

App should be directed to: [divvi.app.co@gmail.com].