These special terms ("CP Terms") set out the terms and conditions governing your participation in the Creative Program. By clicking the "I accept" button below, you expressly and unconditionally agree to the CP Terms.

1. Description of the Creative Program

The Creative Program was developed for the following purposes:

• to provide registered users (General Terms of Use) greater recognition as authors by allowing them to associate their content with a special MotionMaker profile;
• to provide greater exposure of registered users’ personal videos, both on the Website and on other communication media, if applicable, by submitting it to Dailymotion for that purpose.

The Creative Program is available to users free of charge.

Use of the Creative Program is optional and at the user’s sole discretion.

Any license granted by a user to Dailymotion under the Creative Program is non-exclusive and the user remains the owner of his/her video.

2. MotionMaker Profile

The grant of Creative Content status implies the creation of a special MotionMaker profile, indicated by a special symbol attached to your user name, thus making you more clearly identifiable by members of the Internet community.

3. Recognition as Creative Content

Any content submitted by you must be validated by Dailymotion before it can be granted Creative Content status. Upon validation, Dailymotion will become the editor and not merely the host of your video. Validation is confirmed only when your video is marked with the Creative Content symbol. Before we review your content, it is merely hosted on the Website. Due to the large volume of requests, Dailymotion cannot undertake to review and validate proposed content by a specific deadline or send a personalized notice stating why we have decided not to grant your content Creative Content status. The selection criteria remain entirely at our discretion. Until your video is marked with the aforementioned symbol, you retain the right to withdraw it from the Creative Program by blocking access. For the Creative Program, you may send us videos exceeding the size specified in the General Terms of Use, although they will require our validation before they are posted online, certifying that they are of genuine creative interest that warrants their being posted even though they exceed the size restrictions.

4. Intellectual Property

You remain the owner of your video and we undertake to credit you by name (or by any user name you may have indicated to us on submission of your content) on any physical medium that incorporates your Creative Content or in any distribution or broadcast of your Creative Content, according to standard practice and custom. Within the framework of the Creative Program and in addition to the rights granted pursuant to the General Terms of Use, and only from the moment Creative Content status is granted, you agree to grant us a non-exclusive license to reproduce, exhibit, adapt and translate your Creative Content. In order to ensure maximum exposure of your video, the aforementioned license is granted for any present or future medium including hard copy or on computer, digital or online media, or by radio, cable or satellite transmission, in any format, graphic form or environment, and in any language. The said license is granted free of charge, for the maximum term of copyright protection, for the entire world and for any direct or indirect use or exploitation, whether commercial, informational or otherwise. You agree that we will be entitled to grant or afford our partners some or all of the same rights as those specified above. Whenever it is used, your video shall in any event be labeled with the Dailymotion trademark or any other identifying Dailymotion sign or symbol.

5. Your liability in relation to the Creative Program

It is a fundamental requirement that you undertake to submit only content that (i) contains no child pornography; dangerous or illegal acts (including but not limited to incitement to violence, animal abuse or drug abuse); unlawful, obscene, defamatory or libelous material; images of rape; images of bestiality; or any sexually explicit content (including but not limited to intercourse, masturbation, sadistic or masochistic abuse, explicit depiction of male or female genitalia or pubic areas, pedophilia or necrophilia); (ii) does not infringe the intellectual property rights of any third party (including but not limited to sound, music, excerpts from television shows or any animated or non-animated short, medium-length and/or feature-length film, advertisement or any other material that you have not created yourself or for which you do not have the necessary clearances from holders of third-party rights in such materials); (iii) does not infringe personal rights (i.e. is not defamatory and does not contain insults, abuse, etc.) or personal privacy (including an individual's right to his or her image); and/or (iv) is not contrary to public policy and accepted moral standards (including attempts to justify crimes against humanity, inciting racial hatred, child pornography, etc.) and, as a general matter, is not contrary to any applicable laws or regulations. To be clear, Dailymotion neither wants nor tolerates such content. If your videos contain such content, please do not upload them to the Dailymotion site. Accordingly, you agree to indemnify and hold harmless Dailymotion, its officers, affiliates, directors, employees and agents from and against any claim, action and/or complaint by any third party to which we may be exposed and you agree, in this regard, to accept exclusive liability for any sums, damages, costs, lawyers' fees and court costs for which Dailymotion may be held liable arising from your submission of material to the Dailymotion website or your violation of these terms of use.

You are on notice that any proposed content that does not satisfy the aforementioned requirements will (i) either be rejected or removed from the Website if, when reviewed, we can clearly see that it is unlawful; or (ii) forfeit its Creative Content status and be removed from the Website, if we are informed by a third party that it is unlawful. Under these circumstances, you are also on notice that your identification as a MotionMaker may be withdrawn and access to your personal space temporarily or permanently suspended, immediately and without notice, through deactivation of your account, without prejudice to any other rights that we may have.

6. General

The CP Terms shall be construed without prejudice to the General Terms of Use that they supplement and amend specifically as regards the Creative Program. Those provisions of the General Terms of Use which are not amended by these terms and conditions will remain in full force and effect. In the event of any contradiction between or ambiguity in the interpretation of the General Terms of Use and the CP Terms, the CP Terms will prevail. Any amendment of the CP Terms will be announced via special notice posted on the Website.

7. Choice of Venue/Law

You agree that Dailymotion shall be deemed to be a passive website that is based solely in New York and over which personal jurisdiction cannot be obtained, either specific or general, in any jurisdiction other than New York. You agree that any dispute between you and Dailymotion arising out of or relating in any way to this agreement or your use of the Dailymotion website shall be interpreted in accord with the laws of the State of New York without reference to its conflicts of laws and shall in all respects be governed, construed, applied, and enforced in accordance with the laws of New York. You also agree that any claim or dispute between you and Dailymotion shall be decided exclusively by a court of competent jurisdiction located in New York.