1. Description of the Website
Dailymotion.com is an innovative and original free video hosting website that enables users to access, view, upload, store, share and comment upon their personal videos. While users are granted unlimited storage space (unless otherwise notified by email), for bandwidth cost-control each video is limited to a 2 gigabytes file size and a duration of 60 minutes. Because the Website is not designed as a video back-up service, you are responsible for taking all necessary precautions to safeguard your video files. 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 your 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 individuals and/or as a 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 and any other electronic communication media or technology (e.g. smartphones, tablets, connected TV, game consoles), now known or later developed, for the entire period in which Your Content is hosted on the Website. Please note that due to the nature of the Internet and digital media, data transmitted – including Your Content – cannot be protected against the risks of misappropriation and/or piracy, for which Dailymotion shall not be liable. You are responsible for taking all appropriate steps to protect your data, where applicable.
In addition, for the entire period in which Your Content is hosted, you grant Dailymotion the non-exclusive, royalty free right and license to reproduce and display Your Content, in whole or in part, and to display, perform, distribute and transmit the same via the features that enable the Website to be accessed both on the Internet and through any other electronic communication media or technology, now known or later developed, and to adjust the format of Your Content as necessary for the purposes of reproduction, display and transmission.
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 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 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 subject to our policies on Personal Data, and (iii) the removal of all clearly illegal content which has been effectively brought to our attention.
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK AND LIABILITY. EVERYTHING ON THE WEBSITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY. DAILYMOTION, ITS AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS AND SUPPLIERS (THE “DM PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. THE DM PARTIES ALSO DISCLAIM ALL WARRANTIES, TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR THE CONTENT PRESENT ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY MISTAKES, DEFAMATION, LIBEL, SLANDER, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY OR PROFANITY YOU MAY ENCOUNTER ON THE WEBSITE. THE DM PARTIES MAKE NO WARRANTY OR REPRESENTATION THAT THE WEBSITE OR ITS SERVICES OR TECHNOLOGY, IN WHOLE OR IN PART, WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, INCLUDING WITH RESPECT TO THE DELIVERY OF YOUR CONTENT AND/OR ANY LIMITATIONS ON YOUR OR ANY OTHER USERS ABILITY TO ACCESS, VIEW OR USE YOUR CONTENT OR ANY OTHER CONTENT, OR THAT ANY INFORMATION OBTAINED FROM THE WEBSITE WILL BE ACCURATE OR RELIABLE.
YOU AGREE THAT NO DM PARTY SHALL BE LIABLE FOR ANY DAMAGES, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR USE OF THE WEBSITE, IN WHOLE OR IN PART, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING WITHOUT LIMITATION A NEGLIGENT ACT, SHALL ANY DM PARTY BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE WEBSITE, REGARDLESS OF WHETHER ANY SUCH DM PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR DAMAGES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW APPLIES TO THIS AGREEMENT.
6. Your liability as user
You warrant that Your Content 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 or abuse; 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). To be clear, Dailymotion neither wants nor tolerates such content. If Your Content contains such content, do not upload it to the Website as you are not authorized to upload it to the Website.
You also warrant that Your Content (i) does not infringe the intellectual property rights of any third party (including but not limited to sound, music, excerpts from any animated or non-animated television shows, short, medium-length and/or feature-length films, advertisements or any other material that you have not created yourself or for which you do not have the necessary clearances and permissions from third party rights owners or copyright royalty collection organizations in such materials); (ii) does not infringe personal rights (i.e. it is not defamatory and does not contain insults, abuse, libel, etc.) or personal privacy (including an individual's right to his or her image); and (iii) is not contrary to public policy and accepted moral standards and does not display, incite or otherwise promote illegal or immoral activity, and does not violate any applicable laws or regulations.
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 may result in Your Content being removed and/or your account being deactivated without prior notice. In addition, Dailymotion reserves the right to report any violation of these provisions to applicable legal authorities and you may be personally liable to criminal sanctions applicable to the content in question (fines and imprisonment), in addition to any applicable civil damages.
In view of the user-driven nature of the Website, and out of consideration for the general public, users are responsible for maintaining certain ethical standards respecting the videos they upload and the comments they post online. A “this video may offend” link appears next to each video player so that other users may report videos that potentially violate the Terms or any other policy of Dailymotion.
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. Copyright notifications
Dailymotion does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and will remove content uploaded by users (including Your Content), if properly notified that such content infringes on another's intellectual property rights. Dailymotion reserves the right also to terminate a user's account, if they are determined to be a repeat infringer.
If you believe that Your Content has been copied in a way that constitutes copyright infringement, please provide Dailymotion’s copyright agent the written information specified below:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed
- A description of all of the copyrighted works that you claim has been infringed upon
- A description of where the material that you claim is infringing is located on the Dailymotion website, including, a URL of the specific location of the infringing material
- Information sufficient to allow us to contact you including, at a minimum, your address, telephone number, and e-mail address
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
8. Registration and access
In order to use many of the Website's features, you must set up an account using the online registration form. You are free to modify the Prohibited Content section, (ii) the retention of your connection data, which is subject to our policies on Personal Data you provide on the form at any time. Upon registering, you will be sent an email containing an hyperlink that must be clicked in order to confirm your registration. You may access your account by entering your username and password in the login fields on the homepage. You alone are responsible for keeping your username and password secure. Registration entitles you to use the Website. We reserve the right to terminate your account at any time. Failure to comply with the Terms or any other policy of Dailymotion may result in access to your personal page being temporarily or permanently suspended, immediately and without notice, or in the deactivation of your account, without prejudice to any other rights we may have.
8.2 Ability to Accept Terms & Conditions
Children under the age of 13 are not permitted to register with Dailymotion. It is Dailymotion's policy not to collect any information from anyone under the age of 13.
You warrant that you are either more than 18 years or age or have consent of your parent or legal guardian such that you are legally able to agree to be bound by the Terms. In any event, You warrant that you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, do not use or access the Dailymotion website at any time or in any manner.
If you are the parent or legal guardian of a child under 13, and that child has somehow registered with Dailymotion, please send an e-mail to Dailymotion for instructions on how to cancel your child’s registration. In the e-mail, please include your full name and address, your child's full name and address, your relationship to the child, your daytime and evening telephone numbers, your e-mail address and a signed statement that you are the child's parent or legal guardian. Dailymotion reserves the right to seek additional information to verify your identity and status in relation to the child. Dailymotion will use this information only to verify that you are the child's parent or legal guardian and for no other purposes.
9. Proof, retention and storage
The computer registers stored on our systems in accordance with standard safety practices shall be considered proof of emails exchanged, registration forms sent, videos uploaded, comments posted, and other activity within the Website. Registration forms are stored on reliable and durable media, as required by law. It is agreed that, in the event of a discrepancy between our computer registers and any paper or electronic documents in your possession, our computer registers shall be authoritative and controlling.
You agree and shall indemnify and hold Dailymotion- harmless from and against any liability, loss, damages (including punitive damages), claim, settlement payment, cost and expense, interest, award, judgment, diminution in value, fine, fee (including reasonable attorneys’ fees), and penalty, or other charge (including reasonable attorneys’ fees and all other cost of investigating, defending or asserting any claim for indemnification under these Terms) arising from or relating to (i) Your Content, (ii) your violation of the Terms or any other policy of Dailymotion; (iii) your use of the Website; and (iv) your violation of any third party rights, including without limitation any copyright, property, publicity or privacy rights.
11 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 these Terms or your use of the 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 and you irrevocably consent to the personal and exclusive jurisdiction of any such court.
As a convenience to you, the Website may contain links to websites operated by other entities (a "Linked Site"). If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Dailymotion has no responsibility to you with respect to any Linked Site and no Linked Site, regardless of the liking form (e.g. hotlinks, hypertext links, IMG links) is maintained, controlled, endorsed, monitored or otherwise governed by Dailymotion.
13 Electronic signatures
You agree to be bound by any affirmation, assent, communication or agreement you transmit through the Website, including but not limited to any consent you give to receive communications from Dailymotion solely through electronic transmission. You agree that, when in the future you click on "I agree," "I consent" or other similarly worded "button" or entry field with your mouse, keystroke or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
Dailymotion may amend or revise the Terms or any other policy of Dailymotion at any time and you agree to be bound by such revised Terms or policy. Any such amendment or revisions will become effective upon the date it is first posted to this site. It is your responsibility to return to the Website from time to time to review the most current Terms and other Dailymotion policies. Dailymotion does not and will not assume any obligation to notify you of changes to the Terms or any other policy of Dailymotion.
15 Entire agreement
These Terms constitute the entire agreement between Dailymotion and you with respect the Website and its supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Dailymotion with respect to the Website. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and record originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of these Terms or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.