1. Description of the Website
Dailymotion.com is an innovative and original free video hosting website which enables users to access, view, upload, share and comment on their personal videos. While users are allowed unlimited storage space (unless otherwise notified by e-mail), the size of each video is limited to 2 GB and 60 minutes for bandwidth cost control reasons. Since the Website is not designed to back up video data, you are responsible for taking all necessary precautions in that regard. Finally, and in accordance with Internet practice and custom, advertisements may be incorporated into the Website.
2. Your intellectual property rights
If you have registered and have a Dailymotion account pursuant to which you upload video files you create, including comments on videos, your nickname and your avatar (“Your Content”), Dailymotion does not own Your Content. By making Your Content accessible to other users (as a body, or by individual group), you agree to allow any users of the Website free of charge and for personal use only, to view and transmit Your Content on or through the Website, on other electronic communication media or technology (e.g. smartphones, tablets, connected TV, game consoles), for the entire period in which Your Content is hosted on the Website. In addition, for the entire period in which your content is hosted and strictly by means of the features that enable the Website to be accessed via the Internet or through other electronic communication media or technology, you authorize us to reproduce/display Your Content and, as necessary, adjust its format for that purpose. Please note that due to the intrinsic nature of the Internet, data transmitted – including Your Content - are not protected against the risks of misappropriation and/or piracy, for which we shall not be liable. You are responsible for taking all appropriate steps to protect such data, where applicable.
3. Other users’ intellectual property rights
- for your information and personal use;
- as intended through the normal functionality of the Website; and
- for Streaming.
Moreover, in regards to the export functionality of the Dailymotion player, you represent and warrant that, you will not embed Your Content or other users’ content on any website that or include any element that (i) breaches any intellectual property rights of any third parties or (ii) constitutes an injury to any person (including defamation, slander, abuse, etc...) or to any third party’s privacy rights or (iii) encourages violence or hatred against any individual or group, or cruelty to animals (iv) or contains sexually explicit or highly suggestive content or (v) encourages drug use or any illegal activity (vii) constitutes a threat to public order or standards of decency and good morals or (viii) violates any applicable laws.
4. Our intellectual property rights
The Website is our exclusive property. As a general matter, we grant you a free, personal, non-exclusive and non-transferable right to access and use the Website, which right is conditioned on your compliance with the Terms. All other rights are expressly excluded without our prior written consent. The Content (other than Your Content and other users' content) included on or accessible through the Website, such as text, graphics, logos, names, designations, button icons, features, functionalities, images, audio clips, information, data, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and software (the “Dailymotion Content”), is the exclusive property of Dailymotion and its licensors and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and is subject to applicable laws and regulations. We grant you a personal, non-exclusive, non-transferable and revocable right to access and use the Website, which right is conditioned on your compliance with the Terms. Dailymotion Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Dailymotion or Dailymotion's licensors. You agree to not use or exploit the Dailymotion Content in any manner inconsistent with any of the rights granted or restrictions set forth herein, including, without limitation, prohibitions on downloading, redistribution, alteration, deletion and deactivation of any content protection mechanisms. You are not allowed to modify, enhance, edit, translate, adapt, reverse engineer, decompile, disassemble, or create derivative works based upon or otherwise alter in part or in full any Dailymotion Content. All rights not expressly granted in the Terms are reserved to Dailymotion and its licensors.
5. Our liability as host
We are under no legal obligation to monitor content transmitted via or stored on the Website. Our only obligations as host concern (i) the fight against certain content in accordance with the procedure described in the Prohibited Content section, (ii) the retention of your connection data, which is moreover subject to an obligation of confidentiality and treated in compliance with the laws and regulations relating to Personal Data, and (iii) the removal of all clearly illegal content which has been effectively brought to our attention.
6. Your liability as user
As a supplier of content on the Website, including videos, comments on videos, your nickname and your avatar (small picture back to your user profile), you are required to comply with the laws and regulations in force. You are thus responsible for ensuring that Your Content stored on or disseminated through the Website (i) does not violate the intellectual property rights of third parties (including video-clips, television shows, animated and unanimated short, medium and/or feature-length films and advertisements that you have not personally created or for which you have not obtained the necessary authorisations from third parties or copyright royalty collection organizations who hold the rights to them), (ii) does not cause personal injury (including defamation, insults, abuse, etc.) or an invasion of privacy, or (iii) is not contrary to public policy and accepted moral standards (including attempts to justify crimes against humanity, incite racial hatred, child pornography, etc.).
By uploading or disseminating images to or through the Website, you warrant that you are not uploading any infringing material and expressly warrant that you have all necessary rights and/or authorizations from the copyright owner(s) and have paid any royalties or other fees pursuant to any licenses or permissions you may have with owners of copyright royalty collection organizations.
Failure to comply with these provisions will result in Your Content being removed as set out in paragraph 5 and/or your account being deactivated without prior notice. In addition, you may be personally liable to the specific criminal sanctions applicable to the content in question (fines and imprisonment), in addition to being ordered to pay damages, where applicable. In view of the collective nature of the Website and out of consideration for the feelings of all, users are responsible for maintaining certain ethical standards with respect to the videos and/or comments made available online and, in particular, for refraining from disseminating any violent or pornographic content. A “this video may offend” link appears next to each Player in order to allow misuse to be reported by other users, should this be necessary.
Moreover, as a user of the Website, you shall not (i) falsely increase the number of views, impression of or clicks associated with Your Content or other users’ content either directly or indirectly, or automatically or manually, or (ii) authorize or encourage any third party including offering any financial incentive to do the same.
7. Registration and access
In order to use the Website's features, you must set up an account using the online registration form. You are free to modify the Personal Data you provide on the form at any time. Upon validating the form, you will receive an e-mail asking you to click on a link in order to confirm your registration. You may access your account by entering your user ID and password, which you alone are responsible for keeping secure. Registration entitles you to use the Website for an unlimited period of time. We reserve the right to terminate your use of the Website at any time, by e-mail, subject to reasonable notice. Failure to satisfy your aforementioned obligations in respect of liability may result in access to your personal space being temporarily or permanently suspended, immediately and without notice, through the deactivation of your account, without prejudice to any other rights we may have.
8. Availability of the Website
In principle, the Website may be accessed 24/7, except in the event of a scheduled or unscheduled interruption for maintenance or in the event of force majeure. Since we are automatically subject to an obligation to use our best endeavours, we shall not be liable for damage of any kind due to the Website being unavailable.
9. Proof, retention and storage
The computer registers stored on our systems in accordance with standard safety practices shall be considered proof of e-mails exchanged, registration forms sent, videos downloaded and comments posted. Registration forms are stored on reliable and durable media, as required by current law. It is agreed that in the event of a contradiction between our computer registers and any paper or electronic documents in your possession, our computer registers shall be authoritative.