1. Description of the Creative Program
The Creative Program was developed for the following purposes:
- 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
4. Intellectual Property
5. Your liability in relation to the Creative Program
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 Under these circumstances, you are also on notice that your identification as a MotionMaker may be withdrawn and access to your personal space temporarily or permanently suspended, immediately and without notice, through deactivation of your account, without prejudice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.
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.