7. Your Representations and Warranties

You represent and warrant to Dailymotion that:

You have obtained and will maintain for the duration of Your use of the Dailymotion Service all rights and authorizations necessary to allow us to provide You with the Processing Services including, when applicable, Data Subjects’ consent;

all instructions You transmit to Dailymotion regarding the Processing of Third-Party Personal Data, as described in the present DPA and, in particular, in its Section 3.1. are in conformity with the Applicable Data Protection Laws and, if You act in capacity of a Data Processor for another Data Controller, are compatible with any instructions You have received from such Data Controller. In particular, You warrant that You have been authorized to designate us as a Data Sub-Processor;

the Third-Party Personal Data has been collected and is processed in compliance with the Applicable Data Protection Law;

You have obtained the consent of the Data Subjects or have established an alternative legal basis for the collection and Processing of the said Third-Party Personal Data and You undertake to produce evidence of such consent or legal basis upon a request from Dailymotion, the Data Subjects and/or competent authorities.

To that end, You undertake to defend and indemnify Dailymotion against any and all claims, costs, fines, reasonable attorney fees, or other expenses incurred in relation to the availability on our Service of Your Content integrating Third-Party Personal Data.

6. Data Subjects Rights

As a Data Controller, it is Your responsibility to inform Data Subjects about the details of the Processing operations and to respond to their requests relating to the exercise of privacy rights (such as: right to information, access, rectification,  erasure, restriction of processing, objection and portability) they benefit from under the Applicable Data Protection Laws (“Data Subject Request”).

In this regard:

Dailymotion shall:

– Communicate to You, as soon as possible, any Data Subject Request received by us (except where such communication is prohibited by the competent authorities); and

– Assist You, by all appropriate and reasonable measures, in fulfilling Your obligation to comply with the Data Subject Requests. Note that Dailymotion reserves the right to charge You for all reasonable costs and expenses related to assisting You with such requests.

You hereby instruct Dailymotion, acing on Your behalf, to:

– Receive Data Subject Requests;

– Proceed with the verification of whether a received request is a valid Data Subject Request under the Applicable Data Protection Laws, and in particular:

– proceed with the reasonable verification of requestors’ identity; including, when necessary, through the verification of their IDs;

– request from Data Subjects any addition information or documents reasonably necessary for that verification;

– Not to reply to Data Subject Requests on Your behalf other than by informing Data Subjects about the applicable procedures and, in particular, You being the Data Controller responsible for answering Data Subject Requests and Dailymotion being Your Data Processor whose role is limited to that of an intermediary between a requestor (i.e. a Data Subject) and You (i.e. the Data Controller);

– Transfer Your replies to Data Subjects and receive their communication addressed to You and that, in particular, when Data Subjects do not wish to provide their contact details to You.

You shall:

– respond to Data Subject Requests within the timeframes set forth in the Applicable Data Protection Laws;

– notify Dailymotion of Your response to each Data Subject Request including, if applicable, when You invoke an extension of the time to respond;

– not use any information transmitted by Dailymotion for purposes other than replying to Data Subject Requests and for a period longer than justified by that purpose or otherwise authorized by Applicable Data Protection Laws. In particular, if applicable, You shall proceed with destruction of any copies of communicated Data Subjects’ IDs upon completion of the verification of Data Subjects’ identity.

You agree that:

– Dailymotion will communicate with You using the email address associated with Your Dailymotion Account and/or any other email address communicated therefor to the Dailymotion’s DPO;

– Dailymotion may share Your email address and/or any other contact information provided within Your Account (ex. the postal address) or otherwise accessible to us (ex. the url of Your website) with the Data Subjects as a Data Controller’s contact address. Should You wish to designate any contact information different from what is recorded in Your Dailymotion Account, You should do so by contacting the Dailymotion’s DPO;

– Dailymotion will proceed, on Your behalf, with the reasonable verification of Data Subjects’ identity, including, when necessary, through verification of Data Subjects’ IDs;

– You will not challenge the results of Data Subject identity verification undertaken by Dailymotion and, in particular, You will not ask for copies of Data Subjects’ IDs, unless needed for a valid and documented reason complying with the data minimization and data security principles;

– Data Subjects may refuse to communicate their direct contact details to You, in which case You agree to us acting as an intermediary for the purpose of Your communication with Data Subjects.

In the absence of a timely notification from You informing us about your reply to Data Subject Request, You authorize Dailymotion to proceed with the removal of Your Content from the Dailymotion Service.

In the event that a Data Subject claims that Your Content contains sensitive and/or special Third-Party Personal Data (as defined under the Applicable Data Protection Laws) or that of a minor, You authorize Dailymotion to immediately disable access to Your Content pending Your response to the Data Subject Request.

Note that process applicable to Data Subjects Requests is separate and in addition to any other content removal process described under the Terms (ex. removal of Your Content because it violates copyright law).

4. Security and Confidentiality of Third-Party Personal Data

Dailymotion has implemented and shall maintain adequate physical and organizational measures necessary to preserve the security of the Third-Party Personal Data integrated within Your Content (ex. aimed at preventing unintended destruction, loss, distortion, damage or unauthorized access to such Third-Party Personal Data). These measures are adapted to the level of the risk presented by the Processing. Nevertheless, we remind You that the Dailymotion Service is not a storage service and that You should take all necessary precautions to backup and preserve Your Content. Dailymotion does not assume any liability for the loss of the said files.

Dailymotion undertakes to implement the following organizational measures and ensures their respect by its staff and its Sub-Processors :

ensure that the persons authorized to process Third-Party Personal Data or otherwise involved in the delivery of the Services are aware of, trained and organized to provide sufficient guarantees of security and confidentiality with respect to Third-Party Personal Data; and

implement access and authorization management rules such as:

centralized management of access rights,

gradation of access and use rights,

periodic reviews.

take all reasonable steps to prevent the misappropriated or fraudulent use of processed Third-Party Personal Data.

In addition, the main technical measures currently implemented by Dailymotion are as follows:

network segmentation and filtering between zones,

multi-factor authentication,

event log, collection and centralization of logs,

anti-virus,

management of security patches,

security / flow encryption (SSL),

Internal PKI,

Encryption of data in transit and at rest,

bug-bounty program,

application of anonymization and pseudonymization techniques (ex. tokenization, aggregation, hashing, etc.),

periodic re-certification of accounts (periodic review of access rights),

peer-to-peer code review (development methodology),

periodic security audits (architecture, configuration, code, intrusion tests, etc.).

In the event of a Third-Party Personal Data Breach (as defined in the GDPR) of which Dailymotion is aware, Dailymotion commits itself to notify You of this Third-Party Personal Data Breach as soon as possible either at the email address associated with Your Dailymotion Account (or any other email address communicated to Dailymotion by You for this purpose) or through any other appropriate means (ex. banner notification visible from Your Dailymotion Account). Dailymotion will cooperate with You, should You choose to notify the Supervisory Authority or an affected Data Subjects of the Third-Party Personal Data Breach. Please note that the competent Supervisory Authority under this DPA is the CNIL.

Furthermore, Dailymotion undertakes to provide You with all reasonable assistance in order to help You in respecting Your obligations regarding the security of the Third-Party Personal Data. You understand and agree that the reasonable costs of our assistance, if any, will be at Your expense.

3.3. Categories of Data Subjects

The Data Subjects of this Processing are individuals whose Third-Party Personal Data is incorporated into Your Content.

3.2. Duration of the Processing

The Processing of Third-Party Personal Data is undertaken on a continuous basis and will last until Your Content is removed for any reason whatsoever from the Dailymotion Service (ex. closure of Your Account, deletion of Your Content by You, or deletion of Your Content by Dailymotion pursuant to the present Terms). Note that despite the removal (i.e. unavailability of Your Content) for technical reasons related to the Dailymotion Service the video files and/or metadata associated with Your Content may remain in our systems for up to 1 month. Longer retention periods of Your Content or of its specific elements (ex. metadata) may be applied if required or authorized under applicable laws (ex. Content removed following a moderation decision is retained or a period of 12 months) and, in particular, if necessary to establish, exercise or defend legal claims.

3.1. Purposes of the Processing and Description of the Processing Services

3.1.a. Purposes of the Processing

As a User of the Dailymotion Service, You make Content available on the Dailymotion Service, and such Content may incorporate Third-Party Personal Data.

Dailymotion processes Third-Party Personal Data in order to enable You to use the Dailymotion Service and, in particular, store and communicate Your Content using our Service features.

By uploading Content onto the Dailymotion Service, You may use the Dailymotion Service’s technical features for the following purposes:

Storing Your Content, and consequently Third-Party Personal Data that may be incorporated within Your Content, on the Dailymotion Service;

Making Your Content (and any associated Third-Party Personal Data) available to the public;

Managing the availability to the public of the Third-Party Personal Data incorporated in Your Content, by using the content management tools available on our Service (ex. deciding to place the Content under public or private mode) and Service features (ex. content recommendation, content-categorization, etc.).

Dailymotion does not collect Third-Party Personal Data nor has any prior knowledge of the presence of Third-Party Personal Data within Your Content.

3. Characteristics of the Processing

You confirm and warrant that confining to us Processing of Third-Party Personal Data included in Your Content is in compliance with the Applicable Data Protection Laws, and, in particular, that You (or the Data Controller You act on behalf of) have established a valid legal basis therefor (ex. consent, contract, legitimate interest, etc.). If You use our Service as a Data Processor of a third party Data Controller, You also confirm and warrant that confining to us Processing of that Third-Party Personal Data is in compliance with the instructions You receive from the Data Controller.

You authorize and instruct Dailymotion to proceed with the Processing of the Third-Party Personal Data on Your behalf to the extent necessary to provide the Processing Services (as defined below) and pursuant to the conditions established in the DPA or as otherwise authorized under the Applicable Data Protection Laws.

Dailymotion shall keep a record of all the Processing activities carried out on Your behalf, in compliance with its legal obligations.

2. Definitions

In this DPA, capitalized terms and phrases have the meanings indicated below, which are applicable to both the singular and the plural thereof. Any other term not defined in this DPA shall have the same meaning as that attributed to it in the main body of the Terms above or else in the GDPR or in other Applicable Data Protection Laws.

“2021 SCCs” means, in relation to the Processing of personal data pursuant to the EU Data Protection Law, the standard contractual clauses for the transfer of personal data established in Third Countries, as approved by the European Commission from time to time, the approved version of which is the one set out in the Commission Implementing Decision (EU) 2021/914 of 4 June 2021 on standard contractual clauses for the transfer of personal data to third countries pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council, available here.  

“Applicable Data Protection Laws”:  means any and all applicable privacy and data protection laws and regulations, including without limitation, where applicable, EU Data Protection Law, the California Consumer Privacy Act of 2018 (“CCPA”) and similar state laws in effect at any time during the Term, the Brazilian General Personal Data Protection Law (“LGPD”), etc., as amended, complemented or superseded from time to time.

“EU Data Protection Law”: means the (i) EU General Data Protection Regulation (Regulation 2016/679) (“GDPR”); (ii) the EU e-Privacy Directive (Directive 2002/58/EC), as amended (“e-Privacy Law”); (iii) the  Data Protection Act 2018 (“UK GDPR”); (iv) the Swiss Federal Act on Data Protection (“LPD”), and (v) any national or European data protection laws made under, pursuant to, amending, replacing or succeeding (i), (ii), (iii) or (iv).

“Personal Data”: means any information relating to an identified or identifiable natural person (hereinafter, a “Data Subject”), directly or indirectly, by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person, or as such term or its equivalent may be otherwise defined under the Applicable Data Protection Laws. In particular, any reference to Personal Data shall include reference to Personal Information as the latter is defined under the CCPA.

“Processing” means the Third-Party Personal Data processing entrusted to Dailymotion and described in Section 3 of this DPA.

“Sub-Processor” has the definition attributed to it in the GDPR, and in this case means specifically any Sub-Processor engaged by Dailymotion (or any of their Sub-Processors) who, receives from Dailymotion any Third-Party Personal Data exclusively intended for carrying out data Processing operations entrusted by You under the present DPA. Additionally, any company that is member of the group of companies to which Dailymotion belongs and which may be involved such Processing of Third-Party Personal Data shall also be considered as a Sub-Processor under this DPA.

“Supervisory Authority” means the independent public authority responsible for monitoring the application of Applicable Data Protection Laws in each applicable country in order to protect the fundamental rights and freedoms of natural persons with respect to data Processing and to facilitate the free flow of data within the applicable country. In France, the competent supervisory authority is the “Commission Nationale de l’Informatique et des Libertés” (CNIL).

“Third Countries” means (a) for the purpose of application of the EU Data Protection Law: a country which: (i) is not part of the European Economic Area (“EEA”); and (ii) is not subject of a formal adequacy decision of the European Commission (“EC”) taken in accordance with Art. 25 (6) of Directive 95/46/EC of the European Parliament and the Council of the European Union or Art. 45 (3) of GDPR, recognizing that the country ensures an adequate level of protection of Personal Data; and (iii) is not subject to a formal Swiss adequacy decision, and (iv) is not subject to UK adequacy decision, and b) for the purpose of application of the LGPD: a country outside of Brazil and not considered as providing adequate protection.When Personal Data is transferred to the US, and during the validity of the DPF under the applicable EC adequacy decision, the term “Third Country” refers to transfers to entities that do not participate in the Data Privacy Framework (“DPF”).

“UK Addendum” means the terms complementing the 2021 SCCs as adapted under the UK GDPR and available here.

1. Context

You are the Data Controller of the Third-Party Personal Data that may be incorporated into Your Content. In this capacity, You retain full control over such Third-Party Personal Data. By uploading Your Content on our Service, and using the available Content management features, You (acting as Data Controller) instruct Dailymotion (acting in its capacity as Data Processor) to process the Third-Party Personal Data by hosting the Content and providing to You with content management and communication tools.

If You act on behalf of a different Data Controller, You are a Data Processor and Dailymotion is a Sub-Processor. In such a case, any references to Data Controller and Data Processor in this DPA shall be updated accordingly.

APPENDIX B – Data Protection Annex

PREAMBLE

When You make available Content on the Dailymotion Service, Your Content may include personal data of third-parties (e.g. images, voice recordings, names, etc.) (hereafter “Third-Party Personal Data”). Since You control the Content You make available on the Dailymotion Service, You alone determine the purposes and means of the Processing of Third-Party Personal Data that may be included therein.

The Processing of Third-Party Personal Data is governed by the Applicable Data Protection Laws, as defined below. It is explicitly confirmed that nothing in the present DPA shall be interpreted as extending the statutory scope of any of the Applicable Data Protection Laws and that the present DPA applies only to the extent necessary to ensure compliance with each of the Applicable Data Protection Laws.

The present Appendix (“DPA“) is applicable to the Processing of Third Party Personal Data included in Your Content, per which:

You are the Data Controller (within the meaning of the Applicable Data Protection Law) for the Processing of such Third-Party Personal Data, and

Dailymotion is Your Data Processor.

Note that if you act on behalf of a third party Data Controller, you are a Data Processor and Dailymotion is Your Sub-Processor.

We remind you that as a Data Controller, it is Your responsibility to Process Third Party Personal Data in conformity with the Applicable Data Protection Laws and in particular, to establish the existence of a legal basis applicable to the Processing of Third-Party Personal Data incorporated in Your Content, be it consent, legitimate interest, contract, or another legally recognized legal basis. In the absence of such valid legal basis, making available on our Service any Content that incorporates Third-Party Personal Data constitutes an infringement of our Prohibited Content Policy (Appendix A).

In using the Dailymotion Service, You accept the DPA as binding on You, and acknowledge that it applies to the Processing of Third-Party Personal Data by Dailymotion as Your Data Processor in relation to the Content that You make available on our Service. If You do not agree with the terms of this DPA, then do not upload, post or otherwise make available Content on the Dailymotion Service.

Note that, in addition to the Processing of Third-Party Personal Data as Your Data Processor, Dailymotion processes other categories of Your personal data during Your use of our Service, and that regardless of whether You are a Viewer, Account Applicant, User or Partner. While Processing Your personal data (other than the Third-Party Personal Data described above) (i) Dailymotion is not Your Data Processor but the Data Controller, and (ii) such Processing of Your personal data is not governed by this DPA but is described in our Privacy Policy.

You and Dailymotion may be individually referred to herein as “Party” or collectively as the “Parties“.

F. Disinformation / Misinformation

Dailymotion prohibits the dissemination of false, distorted, misleading, and/or malicious speech or information that may disturb public order and/or public opinion.

In particular, it is forbidden for our Users to post online any content:

Carrying a risk of major harm by presenting, illustrating, or evoking an event with deceiving elements which relate to a separate event (videos, photos, etc.);

Presenting manifestly false or inaccurate allegations and/or imputations that may interfere with or alter the fairness of elections and/or censuses;

Making false claims in order to delegitimize the results of elections;

Disseminating false information or rumors that may present a direct risk of injury and/or physical violence to others;

Including false information that may be harmful to the health of others;

Disseminating conspiracy theories that disturb or may disturb public peace;

Containing false medical information that contradicts that of local health authorities and/or the World Health Organization (WHO);

Containing exaggerated promises, such as claiming that a miracle treatment can cure chronic diseases such as cancer and diabetes;

Altered or edited in order to mislead Users (beyond the extracts taken out of context) and which may present a significant risk of major harm; or

Created or modified using artificial intelligence for the purposes of manipulation, disinformation, humiliation, defamation.

The above list is not exhaustive and applies to all types of content.

Some content representing or evoking one of the situations listed above can be exceptionally maintained on the Dailymotion Service notably because of its manifestly educational, documentary, scientific or artistic context. However, Dailymotion reserves the right to reduce the visibility of such content.

Any User who violates the rules set out above and/or encourages their violation shall be subject to the consequences set out in Section III.

Should any illegal activity(ies) be detected, Dailymotion will contact the relevant authorities in accordance with the applicable regulations.

E. Content glorifying, normalizing or denying a crime

Dailymotion strictly prohibits any content legitimizing, glorifying, normalizing, or denying violent events or international crimes committed against a population, a nation, and ethnic, racial, religious or any other group on the basis of personal attributes or characteristics. Dailymotion also prohibits any content that advocates crimes against persons or property.

In particular, our Users are forbidden to post online any content:

Advocating or denying, minimizing and/or trivializing crimes of genocide committed against the Jewish community during the Second World War;

Advocating war crimes, crimes against humanity, crimes of enslavement or exploitation of a person reduced to slavery, or crimes of collaboration with the enemy, even if these crimes have not led to the conviction of their perpetrators;

Denying, minimizing, and/or trivializing, including in disguised or doubtful form or by way of insinuation, any other genocide against humanity, the crime of enslavement or exploitation of a person reduced to slavery or war crimes which have given rise to a criminal conviction by a French or international court

Advocating intentional attacks on life or personal integrity and/or sexual assault; or

Advocating aggravated robbery, extortion, destruction, degradation, and/or voluntary deterioration which may endanger people (vandalism, fire, etc.).

The above list is not exhaustive and applies to all types of content.

Some content representing or evoking one of the situations listed above can be exceptionally maintained on the Dailymotion Service notably because of its manifestly educational, documentary, scientific or artistic context.

However, Dailymotion reserves the right to reduce the visibility of such content.

Any User who violates the rules set out above and/or encourages their violation shall be subject to the consequences set out in Section III.

Should any illegal activity(ies) be detected, Dailymotion will contact the relevant authorities in accordance with the applicable regulations.

D. Hateful Content

Dailymotion prohibits any content which contains hateful behavior and/or which undermines human dignity. Thus, Dailymotion strictly prohibits any content, behavior, or statements which aim to attack, insult, threaten, or incite to hatred, violence or discrimination against a person or a group of persons on the basis of attributes or personal characteristics, real or supposed, such as: race, ethnicity, nationality, religion/faith/beliefs, caste, language, sexual orientation, sex/gender, gender identity, physical appearance, illness, disability, migratory status, and eating disorders, or more generally, fueling hatred by instilling discriminatory ideas and beliefs in people’s mind.

Such hateful content may take the form of outrageous expression, terms of contempt, invectives, stereotyping, attempts to offend, stigmatization, dehumanization, declarations of inferiority, expressions of disgust, insults, marginalization, or provocations of hatred, violence, or discrimination against individuals or groups of individuals targeted because of their personal attributes or characteristics.

In particular, it is forbidden for our Users to post any content:

Encouraging violence against persons or groups of persons on the basis of one or more of the attributes listed above;

Stigmatizing a person or group of persons by gratuitously criticizing or attacking their actual or perceived religion, faith, beliefs or sexual orientation; 

Relaying hateful, insulting or humiliating speech or acts targeting, for example, the religious affiliation, gender, skin color, sexual orientation, or disability of one or more groups of people;

Dehumanizing and/or demeaning to a person or group of persons, including implying that they are inferior;

Abusing or defaming a person or group of persons on the basis of personal attribute(s) or characteristics;

Encouraging, supporting or glorifying hateful ideologies (such as antisemitism, racism, white supremacism, anti-LGBTQIA+ activism…) or proclaiming the superiority and/or dominance of one group of people over others;

Defending conspiracy theories that a person or group of people is dishonest or malicious;

Using stereotypes based on personal attributes or characteristics which incite hatred;

Conveying discriminatory, hostile, mocking and/or contemptuous messages, images and/or statements towards overweight, obese or anorexic people; 

Encouraging, supporting, or promoting conversion therapy or any other practice aimed at changing or repressing a person’s actual or perceived sexual orientation or gender identity;

Undermining human dignity; or

Contributing to the exploitation of people (such as content depicting forced labor, domestic servitude, human trafficking for sexual exploitation, slavery and/or pimping).

The above list is not exhaustive and applies to all types of content.

Some content representing or evoking one of the situations listed above can be exceptionally maintained on the Dailymotion Service notably because of its manifestly educational, documentary, scientific or artistic context. However, Dailymotion reserves the right to reduce the visibility of such content.

Any User who violates the rules set out above shall be subject to the consequences set out in Section III.

Should any illegal activity(ies) be detected, Dailymotion will contact the relevant authorities in accordance with the applicable regulations.

C. Content that may offend Visitor’s sensibilities

Dailymotion has elaborated rules and tools aimed at protecting its Visitors and, in particular, young audiences, from videos which may offend their sensibilities (“Sensitive Content(s)”).

By Sensitive Content, we mean any video that may offend the sensibilities of young audiences and in particular any video:

Presenting scenes of nudity ;

Promoting sexual challenges;

Depicting violent scenes of war;

With a sexual theme or involving sexual activity;

With a suggestive and/or sexual title or description;

Including depictions of violence;

Presenting a real medical procedure (heart massage, surgery, etc.);

Presenting accidents (air crash, traffic accident, etc.); or

Presenting scenes of animal cruelty

The above list is not exhaustive.

Users are prohibited from uploading any Sensitive Content without first restricting access to it by checking the box dedicated to this purpose (“Restrict access to sensitive content”) when uploading. For more information on Restricted Mode, please refer to Section IV of this policy.

Any User who violates the rules set out above and/or encourages their violation shall be subject to the measures and sanctions set out in Section III.

B. Content depicting a child in danger or being abused

Any sexually explicit content featuring children or representing any form of exploitation of a child or persons whose physical appearance is that of a minor is strictly prohibited on Dailymotion. Any content involving abusing or endangering a child in any way is also prohibited.

In particular, it is forbidden for our Users to post online any content:

Sexually representing children;

Representing and/or promoting incest or pedophilia;

Depicting children as victims of sexual abuse;

Providing instructions or inviting participation in any sexual assault of children;

Aiming to sexually exploit or solicit children, including by threatening to expose intimate images or information (grooming, sextortion, etc.);

Inciting a minor to perform an act of a sexual nature on himself or on another person;

Constituting porn-disclosure involving minors, more commonly known as “revenge porn”;

Sexualizing children;

Depicting children in a sexual context;

Involving abuse or harassment of children (verbal, physical and/or psychological abuse);

Constituting acts considered as bullying; or

Representing a child in a dangerous situation.

The above list is not exhaustive and applies to all types of content.

Some content representing or evoking one of the situations listed above can be exceptionally maintained on the Dailymotion Service notably because of its manifestly educational, documentary, scientific or artistic context.

However, Dailymotion reserves the right to reduce the visibility of such content by applying a parental filter to avoid offending the sensibilities of young audiences.

Any User who violates the rules set out above and/or encourages their violation shall be subject to the consequences set out in Section III.

Should any illegal activity(ies) be detected, Dailymotion will contact the relevant authorities in accordance with the applicable regulations.

A. Pornographic or sexually explicit content

Dailymotion strictly prohibits any pornographic content. Any content representing or legitimizing non-consensual sexual acts is also prohibited.

We define pornography as any particularly obscene content which is displayed to the public, with no aesthetic research purposes and with provocative crudity, scenes of sexual life, especially scenes of sexual intercourse.

In particular, it is forbidden for our Users to post online any content:

Representing pornographic scenes (real, animated and/or illustrated);

Representing sexual acts in an explicit manner;

Representing any form of nudity in a sexual context;

Involving non-consensual sexual acts or unwanted sexualization;

Which is appeals to sexual fetishes;

Depicting sexual gestures such as masturbation or erotic touching;

Depicting incestuous scenes or advocating incest;

Involving staged sexual acts;

Involving sexual acts with animals (zoophilia);

Representing and/or involving pimping;

Published as a form revenge porn and/or sextortion of a minor or adult;

Showing genitals, breasts, buttocks, whether clothed or unclothed, in an evocative manner, meaning images or representations of nudity that, while not explicitly pornographic, can provoke or encourage interpretations with sexual connotations through poses, angles, or staging that may create an erotic atmosphere ;

Using or displaying sex toys in an explicit context;

Threatening or encouraging sexual assault or sexual exploitation; or

Promoting non-consensual sexual acts.

The above list is not exhaustive and applies to all types of content.

Some content representing or evoking one of the situations listed above can be exceptionally maintained on the Dailymotion Service notably because of its manifestly educational, documentary, scientific or artistic context. However, Dailymotion reserves the right to reduce the visibility of such content.

Any User who violates the rules set out above and/or encourages their violation shall be subject to the consequences set out in Section III.

Should any illegal activity(ies) be detected, Dailymotion will contact the relevant authorities in accordance with the applicable regulations.

For more information on this type of content, you can read the dedicated article on the Dailymotion help center.

I) PROHIBITED CONTENT CATEGORIES

Dailymotion encourages the diversity of sources of information on the Internet to allow Visitors to freely form an opinion in complete safety.

In order for the Dailymotion Service to remain a safe space for exchange and sharing where the fundamental liberties of each person are respected, we have implemented rules aimed at prohibiting the sharing of certain content, as defined hereafter, and in general, any content which could be considered as a violation of any applicable law or regulation. Note that the below list of Prohibited Content is not exhaustive, and the definitions may be adapted based on differing contexts.

These rules apply to all forms of content broadcasted on the Dailymotion Service, including videos available on the platform and/or streamed live, video descriptions or titles, thumbnails, keywords, playlists, channels, and usernames.

Please note that disclaimers inserted within content broadcasted on the Dailymotion Service, including videos available on the platform and/or livestreams, comments, video descriptions or titles have no legal force whatsoever. Under no circumstances may they allow a User to avoid complying with the rules set forth in this Prohibited Content Policy, nor to escape the consequences set forth in section III below. 

APPENDIX A – Prohibited Content Policy

Summary of Prohibited Content Policy: If you want to access the main points of our Prohibited Content Policy in a simplified way, for instance if you’re a kid, you can access this Summary. Please note though that it is provided for informational purposes only. In case of conflict between the Prohibited Content Policy and the summary, only the Prohibited Content Policy below shall prevail.

Dailymotion endeavors to ensure a safe and respectful viewing environment for its Visitors. In order to protect its community, Dailymotion prohibits the content defined in Section I below (“Prohibited Content(s)”) and has developed a feature to limit the visibility of so-called sensitive content presented in Section IV.

As a hosting service provider, Dailymotion cannot guarantee that no inappropriate or illegal content will disturb your experience. Indeed, Dailymotion is neither legally required nor able to monitor and control each and every piece of content uploaded onto the Service. Therefore, we encourage our Visitors to notify us of any Prohibited Content on the Dailymotion Service using the methods described in Section II.

Furthermore, Users are formally prohibited from putting online any content that falls into one of the categories of Prohibited Content as defined in Section I, and a violation of this may result in the consequences set out in Section III.

SECTION 9: MISCELLANEOUS

9.1. You acknowledge and agree that the Terms will continue to be enforceable for as long as You use the Dailymotion Service or any of its features, whether or not You are a Viewer, an Account Applicant, a User or a Partner. For the sake of clarity, watching videos from the Dailymotion Service, exporting the Dailymotion Video Player, and/or maintaining a Dailymotion Account are all deemed uses of the Dailymotion Service.

9.2. Any obligations which expressly or by their nature continue after termination, cancellation, or expiration of the Terms shall survive and remain in effect after such happening.

9.3. You agree that if one or more provisions of the Terms is considered to be invalid as such or as a result of the application of a Law, regulation, or the decision of a competent body having jurisdiction, it will be treated as not forming part of the Terms and all other provisions stated herein will remain in force.

9.4. You also acknowledge that if Dailymotion does not take immediate action in the case You fail to comply with the Terms, this shall not mean that Dailymotion is giving up on any rights that we may have, including but not limited to the right to take action in the future.

9.5. If You reside in a country that is a part of the European Economic Area, the United Kingdom or in Switzerland, You agree that any dispute between You and Dailymotion arising out of or relating in any way to the Terms or Your use of the Dailymotion Service shall be interpreted in accordance with the laws of France, without reference to its conflicts of laws, and notwithstanding multiple defendants or third-party claims. You also agree that any claim or dispute between You and Dailymotion shall be decided by a court of competent jurisdiction located in Paris.

If You reside in a country that is not part of the European Economic Area, the United Kingdom or is not Switzerland, You agree that any dispute between You and Dailymotion arising out of or relating in any way to the Terms or Your use of the Dailymotion Service shall be interpreted in accordance with the New York laws, without reference to its conflicts of laws, and notwithstanding multiple defendants or third-party claims. You also agree that any claim or dispute between You and Dailymotion shall be decided by a court of competent jurisdiction located in the New York county.

9.6. Subject to any Dailymotion Partner Program Agreement as mentioned in Section 1.6., the Terms constitute the entire agreement between Dailymotion and You with respect to the Dailymotion Service and shall supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and Dailymotion with respect to the Dailymotion Service.

9.7. 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.

9.8. You agree that Dailymotion may provide You with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Dailymotion Service.

9.9. 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.

SECTION 8: DATA, ADVERTISEMENTS AND PRIVACY

8.1. The records of Dailymotion are stored on our systems in accordance with standard safety practices and applicable laws. The Dailymotion records shall be considered proof of emails exchanged, registration forms sent, videos uploaded, and other activity within the Dailymotion Service, being agreed that, in the event of a discrepancy between our records and any paper or electronic documents in Your possession, our records shall be authoritative and controlling.

8.2. The Dailymotion Service 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 linking form (ex., hotlinks, hypertext links, IMG links) is maintained, controlled, endorsed, monitored or otherwise governed by Dailymotion.

8.3. In accordance with Internet practice and custom, You acknowledge and agree that advertisements may be incorporated into the Dailymotion Service and then associated to Your Dailymotion Account and/or Your Content.

8.4. During Your use of our Service, the data that You provide to us or that we collect or otherwise receive about You are stored by Dailymotion on servers belonging to Dailymotion SA and to our service providers (ex. cloud storage service providers) located both in the European Economic Area (“EEA”) and outside the EEA.

In particular, Your video Content is stored in the European Economic Area (“EEA”). If You decide to make Your video Content available outside of the EEA, for technical reasons inherent to video delivery technology, a temporary cache copies of extracts of Your video Content may also be stored outside of EEA.

Your Comments are stored outside the EEA, namely in the USA.

As any other business, Dailymotion uses third parties’ services to carry out its operations. Some of these services require processing of Your data outside of the EEA. For example, we use non-EEA cloud storage to store information pertaining to the delivery of advertising shown to You. For more details on how Your personal data is processed outside the EEA please refer to our Privacy Policy‘s dedicated section.

The technical constraints related to the international presence of the Dailymotion Service do not allow us to store data in a single country. Dailymotion has implemented, or has ensured that its service providers have implemented, industry-standard systems and procedures aiming at ensuring the security and confidentiality of Your data, protection against anticipated threats or hazards thereto and unauthorized access to or use thereof. Nevertheless, if You do not want Your data or data concerning You to be stored outside of Your country of residence, then do not use the Dailymotion Service. By using the Dailymotion Service, You consent to this transfer, Processing and storage of data, including personal data.

For clarity, when the provision or use of the Dailymotion Service involves transfer of personal data outside of data subject country of residence, each party to the Terms will (where applicable) comply with the legal obligations relating to such transfers, storage and Processing. In particular, when Your Content contains Third Parties’ personal data, You shall ensure and warrant Dailymotion thereto, that You have all necessary authorizations and consents (including, when applicable, data subjects’ consent) prior to the use of the Dailymotion Service and the resulting transfer.

8.5. As a User, You have the ability to upload Content (which includes the title and description of the video) incorporating personal data. We remind You that You remain responsible for the Processing of the personal data incorporated therein and that Dailymotion acts only as a Data Processor of this data, as these terms are defined by applicable laws on the protection of personal data. In this respect, as a Data Controller, You commit to respecting the Applicable Data Protection Laws, and especially to lawfully collect and process this data and to answer data subjects requests. In particular, You warrant that You have obtained and will maintain all required consents from third-parties whose personal data is incorporated in Your Content as necessary to allow us to provide the Dailymotion Service. You may refer to the provisions set out in Appendix A of the Terms in order to learn more about Your status as a data controller under the General Data Protection Regulation (GDPR) for the personal data of data subjects residing in the European Economic Area that may be incorporated into the Content that You upload on our Service.

8.6. Dailymotion takes Your privacy and the protection of Your personal data collected and processed in connection with Your use of the Dailymotion Service very seriously. If You want to find out more about the personal data collected, how we collect it and the related processes, You can check our Privacy Policy any time available from the Dailymotion homepage.

8.7. Please note that the Dailymotion Service relies on content recommendation tools. You may find more information about these tools on our dedicated page: Dailymotion Recommendation Tools Transparency where we explain how our recommendation systems work, highlighting transparency, diversity, and user control. Recommendations are based on user interactions, content metadata, and engagement trends, while promoting a wide variety of creators and topics. Users can personalize or reset their feed at any time.

SECTION 7: REPORTING PROHIBITED CONTENT

7.1. Dailymotion has implemented an easily accessible mechanism next to each video uploaded on the Dailymotion Service allowing anyone to report the availability of infringing or illegal material and/or activity on the Dailymotion Service set out in Section 6.1.

7.2. Such processes to report prohibited content are described in detail at the following URL: https://legal.dailymotion.com/en/terms-of-use/#b-the-reporting-tool-for-prohibited-content and within our Help Center’s Community Guidelines in the Prohibited Content Section.

SECTION 6: RESTRICTIONS RELATED TO YOUR USE OF THE DAILYMOTION SERVICE AND ITS RELATED TECHNOLOGIES

6.1. Considering the user-driven nature of the Dailymotion Service, You are responsible for Your use of the Dailymotion Service, Your Dailymotion Account and/or the Content You upload to Dailymotion. In this regard, You warrant as an essential condition that Your use of the Dailymotion Service, Your Dailymotion Account and/or Your Content, and any images, data and/or text which You may disseminate through the Dailymotion Service:

(i) do not violate any applicable laws or regulations, including trade restrictions, and/or do not display, incite, promote illegal activities.

(ii) do not contain child pornography, sexual abuse or any type of sexually explicit content.

(iii) do not infringe 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, brand, logo, advertisement 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).

(iv) do not violate:

Human rights (including incitement to hatred on the basis of the origin, religion, sexual orientation, gender, gender identity or disability of an individual or group of individuals, denying the commission of any crimes against humanity or acts that violate human dignity).

Individual rights (in particular by spreading defamatory, slanderous or offensive material in the form of threats, intimidation, bullying, harassment).

Publicity and privacy rights (in particular impersonation of an individual or a legal person).

Personal information rights.

(v) do not support or promote:

any organizations or individuals that proclaim a violent mission or are engaged in violence. This includes organizations or individuals involved in terrorism, organized hatred against other groups of individuals, human trafficking and organized criminality.

the commission of violent extremist or terrorist acts.

violence and all other dangerous activities.

(vi) do not contain verifiably false or misleading information which:

is created, presented and disseminated for economic gain or to intentionally deceive the public; and/or

may cause public harm, or is intended as threatening to democratic political and policymaking processes as well as to the public good such as to public health, to the environment or to the security of persons.

(vii) are not spam or any other deceptive practices designed to abuse or mislead a Visitor (this includes excessively lengthy content, or content that forces unwanted and/or unsolicited actions, whether automated or manual, which falsely increase the number of views, impression or clicks associated with Your Content).

(viii) do not abuse the reporting or complaint features, in particular with a view to making unfounded or fictitious claims or accusations.

(ix) do not consist of scraping, collecting, searching, downloading, copying or otherwise accessing Content or data in unauthorized ways, such as by using automated means (without our express prior permission), or accessing or attempting to access data you do not have permission to access.

6.2. By uploading or disseminating images, data, and/or text to or through Dailymotion Service, You expressly warrant that You are not uploading any material violating the restrictions defined in Section 6.1. and that You have obtained all necessary rights and/or authorizations and/or consents from the copyright owner(s) and/or any other relevant rightsholders and have paid any royalties or other fees pursuant to any licenses or permissions needed to upload and distribute Your Content on the Dailymotion Service in accordance with the Terms.

6.3. Failure to comply with the Terms may result in (i) Your Content being removed and/or (ii) Your Dailymotion Account being deactivated and/or (iii) Your use of the embeddable Dailymotion Video Player being blocked and/or (iv) any elements or data related to Your Content or to Your Dailymotion Account being modified or removed (i.e. allegedly infringing username, metadata considered inappropriate, etc.) from the Dailymotion Service. Please note that we apply and enforce our service restrictions objectively, fairly, and proportionally, taking into account the rights and interests of everyone involved.

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, in addition to any applicable civil damages depending on the contentious nature of the content.

6.4. Because the Dailymotion Service is not designed as a video back-up service, You are responsible for taking all necessary precautions to safeguard Your video files. Additionally, pursuant to then-current inactive content and accounts rules, we reserve the right to delete Your inactive Content and/or Your Dailymotion Account from our Service.

6.5. Moreover, You shall not (i) falsely increase the number of views, impressions or clicks associated with Your Content or Third-Party Video(s) either directly or indirectly, or automatically (such as using robots, botnets or scrapers) or manually, (ii) authorize or encourage any third-party including offering any financial incentive to do the same, (iii) misuse any reporting, flagging, complaint, dispute, or appeals process, including by making false, groundless, vexatious, or frivolous submissions.

6.6. You also warrant that any website or applications on which You export Your Content and/or Third-Party Video(s) through the embeddable Dailymotion Video Player does not 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 (vi) constitutes a threat to public order or standards of decency and good morals (vii) include any element above-mentioned in Section 6.1., or (viii) violates any applicable laws.

Moreover, You warrant that Your use of the embeddable Dailymotion Video Player shall not be made for: (i) any activity which may imply any kind of product, trademark or artist endorsement without authorization from the applicable rights owner or (ii) resale of any kind of the Dailymotion Service or (iii) any unauthorized third-party contests or (iv) synchronization of the underlying musical composition that might be embodied in the content displayed through the embeddable Dailymotion Video Player or any other use with any visual media output. You also shall not modify, build upon or block any portion or functionality of the Dailymotion Video Player including but not limited to links back to the Dailymotion website. By embedding Your Content and/or other user’s content through the embeddable Dailymotion Video Player on any website or applications, You warrant that You have all the necessary rights and/or authorizations from the owner(s) of such website or applications and have paid any royalties or other fees pursuant to any licenses or permissions needed to such distribution.

6.7. You agree not to alter or modify any part of the Third-Party Video(s) and/or of the Dailymotion Service (including but not limited to the Dailymotion Video Player and its related technologies). You agree not to (or attempt to) circumvent, disable, reverse engineer or otherwise interfere with any security related features of the Third-Party Video(s), Dailymotion Service or features that (i) prevent or restrict use or copying of content or (ii) enforce limitations on use of the Dailymotion Service or the content accessible via the Dailymotion Service. You agree not to collect or harvest any personal data of any Visitor of the Dailymotion Service and to not use the Dailymotion Service for the solicitation of business in the course of trade or in connection with a commercial enterprise.

6.8. You agree not to use the Dailymotion Service and any of its related technologies (including without restriction the Dailymotion Video Player, the website, the app and the webapp) for any commercial use unless You obtain Dailymotion’s prior written approval, in particular any of the following uses: (i) the sale of access to the Dailymotion Service, (ii) the sale of advertising, sponsorships or promotions placed on or within the Dailymotion Service or content or Dailymotion Video Player.

6.9. You understand and acknowledge that the use of the Dailymotion Service within an unauthorized framework such as the broadcast or the public display of any Dailymotion users’ content in public places or shops is prohibited without the express written consent of Dailymotion. You agree not to access content hosted on the Dailymotion Service for any reason other than Your personal, non-commercial use solely as intended through and permitted by the normal functionality of the Dailymotion Service, and solely for Streaming purposes. “Streaming” means a digital transmission of an audiovisual work from the Dailymotion Service to a Visitor operated Internet enabled device in such a manner that the data is intended for real-time viewing and not intended to be permanently downloaded, copied, stored, or redistributed by the Visitor. Accessing a Third-Party Video(s) for any purpose or in any manner other than Streaming and personal use is expressly prohibited. If You wish to use another user’s content for any other purpose, in particular for commercial use, You are solely responsible for obtaining the necessary advance authorization. In all circumstances, You understand and acknowledge that Your use of Third-Party Video(s) will be limited by copyright law. You agree that You will not attempt to modify any Third-Party Video(s) for any reason whatsoever, including for the purpose of disguising or changing any indications of the ownership or source of the content. You agree to and shall indemnify and hold DM Parties 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 the Terms) arising from or relating to (i) Your Content, (ii) Your violation of the Terms; (iii) Your use of the Dailymotion Service; and (iv) Your violation of any third-party rights, including without limitation any copyright, property, publicity or privacy rights.

6.10  You agree not to access, view, upload, store, share or export any Third-Party Video(s) deemed illegal and/or contravening the conditions set out in Section 6.1. and especially not to make any use of content that would infringe the copyrights therein.

6.11. You acknowledge and agree that the owners of the Third-Party Video(s) and/or any of our Partners are third-party beneficiaries of the Terms and as such they may have the right to enforce the Terms against You as a third-party beneficiary of the Terms.

SECTION 5: OUR LIABILITY AS A HOSTING SERVICE PROVIDER

5.1. In its capacity as a web hosting service provider, Dailymotion is under no legal obligation to monitor content uploaded on the Dailymotion Service, nor obligated to actively seek facts or circumstances indicating illegal content but shall forthwith remove or disable access from its Dailymotion Service to any infringing content once having been notified of its existence. Furthermore, Dailymotion does not, and has no legal obligation to, review or inspect content for possible illegality or infringement prior to its being viewable on the Dailymotion website.

5.2. You acknowledge and agree that the owners of the Third-Party Video(s) and Dailymotion in accordance with Section 5.1., may from time to time remove Dailymotion users’ content (including Your Content) from the Dailymotion Service. You shall nonetheless remain fully liable for Your Content.

5.3. You agree that Your use of the Dailymotion Service shall be at Your sole risk and liability. In this regard, You are solely responsible for (i) Your use of the Dailymotion Service and more specifically for Your Content (including any personal data that may be incorporated therein) and (ii) the protection of Your computer hardware against any virus or interruption.

5.4. You acknowledge and agree that the Dailymotion Service, in whole or in part (including, without limitation, the look and feel, the thematic channels, and the functionality of the Dailymotion Service), on and through which Your Content will be distributed, as well as any Third-Party Video(s) are provided “AS IS” and “as available” without warranties of any kind from Dailymotion or any owners of the Third-Party Video(s). Neither Dailymotion nor any owners of the Third-Party Video(s) warrant that the Third-Party Video(s) and the Dailymotion Service, the Dailymotion Material or any other software, content, information, materials or products included on or otherwise made available to You through the Dailymotion Service are free of viruses or other harmful components. Dailymotion may enhance, modify and update the Dailymotion Service at its sole discretion. For the sake of clarity, You shall not be entitled to request any modification to the Dailymotion Service.

5.5. Dailymotion, its Affiliates, officers, directors, employees, agents, vendors and suppliers as well as the owners of the Third-Party Video(s) (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 Dailymotion Service, including but not limited to any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography or profanity You may encounter on the Dailymotion Service. The DM Parties make no warranty or representation that the Dailymotion Service or its functionalities 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 Visitor ability to access, view or use Your Content or any other content, or that any information obtained from the Dailymotion Service will be accurate or reliable.

5.6. Dailymotion shall not be held responsible in any case for (i) any malfunctions, inherent of the nature of the Internet, in the access and/or the use of the Dailymotion Service, (ii) or any default of its obligations caused by force majeure or an unintentional cause. Unless otherwise stated herein, Dailymotion does not grant You any guarantee of any kind, whether expressly or implicitly, in any area, including and in particular any guarantee of fitness for a particular purpose. Furthermore, Dailymotion is not responsible for any data related to Third-Party Video(s) provided by their relevant owners, such as the video title, description, category, etc.

5.7. Nothing herein shall exclude or limit Dailymotion’s liability for losses which may not be lawfully excluded or limited by applicable law. Subject to this overall provision above, Dailymotion shall not be liable for:

(a) any indirect or consequential losses which may be incurred by You, including (i) any loss of profit (whether incurred directly or indirectly); (ii) any loss of goodwill or business reputation; (iii) any loss of opportunity; or (iv) any loss of data suffered; or

(b) any loss or damage which may be incurred as a result of: (i) any reliance placed by You on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between You and any advertiser or sponsor whose advertising appears on the Dailymotion Service; (ii) any changes which Dailymotion may make to the Dailymotion Service, or for any permanent or temporary cessation in the provision of the Dailymotion Service (or any of its features); (iii) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through Your use of the Dailymotion Service; (iv) Your failure to provide Dailymotion with accurate account information; or (v) Your failure to keep Your password or Your accounts details secure and confidential.

5.8. The limitations on Dailymotion’s liability defined in this Section shall apply whether or not Dailymotion has been advised of or should have been aware of the possibility of any such losses arising.

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 the Terms.

SECTION 4: LICENSE & OUR INTELLECTUAL PROPERTY RIGHTS

4.1. We grant You a personal, non-exclusive, non-transferable and revocable right to access and use the Dailymotion Service, which is conditioned on Your compliance with the Terms.

4.2. The material (other than Your Content and the Third-Party Video(s)) included on or accessible through the Dailymotion Service, such as text, graphics, logos, names, designations, button icons, features, functionalities, images, audio clips, information, data collected from the Dailymotion Service, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and software (the “Dailymotion Material”), 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.

4.3. Dailymotion Material 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 Material 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 Material.

4.4. All rights not expressly granted in the Terms are reserved to Dailymotion and its licensors.

SECTION 3: YOUR INTELLECTUAL PROPERTY RIGHTS

3.1. By providing Content on or through the Dailymotion Service, You grant Dailymotion and its Affiliates a non-exclusive, royalty-free, transferable worldwide license (with the right to sub-license to our trusted Commercial Partners) (unless otherwise explicitly agreed between You and Dailymotion) to use, reproduce, store, represent, stream, replay (including offline display without permanent download), copy, adapt, save, exploit, exhibit, show, publicly perform or display, create derivative works, translate, market, distribute modify, structure, annotate, and compress Your Content as is necessary for the purposes of carrying out research activities and for the provision, promotion and improvement of all or part of the Dailymotion Service.

3.2. By making Your Content accessible on the Dailymotion Service, You agree to allow any Visitors of the Dailymotion Service to view and to share Your Content through the Dailymotion Video Player on or through any declination of the Dailymotion Service, as accessible (online or offline) via any current or future device capable of distributing the Dailymotion Service by any means of access, including but not restricted to computers, smartphones, tablets, TV devices, IPTV platforms and/or game consoles free-of-charge. Furthermore, You acknowledge that Your Content and/or any videos uploaded onto the Dailymotion Service by third-parties (the “Third-Party Video(s)”) available for embedding through the Dailymotion Video Player when on the Dailymotion website (www.dailymotion.com) and/or when embedded elsewhere may include advertising.

3.3. Despite this allowance, Your Content shall always remain Your property. Please note that due to the nature of the Internet and digital media, data transmitted – including Your Content – cannot be protected against 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.

SECTION 2: ACCEPTANCE OF THESE TERMS

2.1. Regardless of Your status, You signify Your express and unconditional agreement to (1) these terms of use including the Prohibited Content Policy and the Data Protection Appendixes below, and (2) all other policies of Dailymotion, including but not limited to the Dailymotion privacy and cookie policies, as accessible at any time from the homepage of the Dailymotion website, and incorporated herein by reference (all collectively, the “Terms”). You may not use the Dailymotion Service if You do not accept or cannot comply with any of the Terms. By using the Dailymotion Service, You acknowledge that You have read and understood the Terms and agree that Dailymotion will treat Your use of the Dailymotion Service as acceptance of the Terms.

2.2.1. If You reside in a country that is a part of the European Economic Area, the United Kingdom or Switzerland, Your acceptance of the Terms forms a legally binding agreement between You and Dailymotion SA in relation to Your use of the Dailymotion Service. Any reference to “Dailymotion” in the Terms will then always refer to “Dailymotion SA,” whose details are provided here.

2.2.2. If You reside in a country that is not a part of the European Economic Area, the United Kingdom or is not Switzerland, Your acceptance the Terms form a legally binding agreement between You and Dailymotion Inc. in relation to Your use of the Dailymotion Service. Any reference to “Dailymotion” in the Terms will then always refer to “Dailymotion Inc.,” whose details are provided here. Dailymotion Inc. is one of Dailymotion’s Affiliates. In a general manner, “Affiliate” means any current or future company that controls, is controlled by, or is under common control with Dailymotion SA.

2.3. Dailymotion may, in its sole discretion, modify the Terms from time to time, and You agree to be bound by such modifications. Although we may notify You when major changes are made to the Terms, You should periodically review the most up-to-date version which is always accessible from the homepage of the Dailymotion website. If You do not agree to the modified Terms or cannot comply with the modified Terms, Your only recourse is to stop using the Dailymotion Service. Your continued use of the Dailymotion Service after the effective date of the modified Terms will constitute Your acceptance of the modified Terms.

2.4. If you are an individual (by opposition to a legal entity), You represent to Dailymotion that You are either: (i) at least 18 years old, or (ii) at least 13 years old AND either: (a) an emancipated minor, or (b) the law of your country allows you to enter into the terms, conditions, obligations, affirmations, representations, and warranties in the Terms, or (c) You have obtained your parent or guardian consent. In any case, the Dailymotion Service is not intended for children under 13 so You shall not use it if You are not 13 yet. You shall neither use the Dailymotion Service if (a) You are not of legal age to form a binding contract with Dailymotion, or (b) You are legally prohibited from receiving or using the Dailymotion Service under the laws of the country in which You are a resident or from which You access or use the Dailymotion Service.

2.5. If You are not an individual (i.e., a corporation or other legal entity), You represent to Dailymotion that You have all necessary corporate or equivalent authority and power to agree to the Terms which You agree shall be binding on the corporation, partnership, association or other entity in whose name You are using or accessing the Dailymotion Service.

2.6. Access to the Dailymotion Service is limited to individuals, corporations or other legal entities. Access by means of automated processes (e.g. robots, botnets, scrapers, etc.) endangers the proper functioning of our Service, limits legitimate end-users’ access to its features, causes financial prejudice and constitutes a security threat to various categories of our end-users. Unless authorized by the applicable laws, access by means of automated processes is expressly prohibited without a prior written approval of Dailymotion. Dailymotion may use technical means to detect and block any unauthorized access to the Dailymotion Service. You explicitly recognize and agree that when You access the Dailymotion Service or any part thereof, the use of such technologies, including when they consist in accessing Your device to read or write information (ex. to determine whether an attempt to access the Dailymotion Service is triggered by a human or by a robot), is necessary for the detection and prevention of attempts of such unauthorized access  and for the provision of the Dailymotion Service to You. 

SECTION 1: DESCRIPTION OF THE DAILYMOTION SERVICE

1.1. Dailymotion (“Dailymotion”, “we”, “us” or “our”) operates an original, free video hosting service that enables users to upload, store and share videos, and access and view those shared videos in association with advertising. The “Dailymotion Service” is made up of the Dailymotion website, the Dailymotion video player that is embeddable onto any website or app (the “Video Player”), the Dailymotion apps and web-apps as accessible (online or offline) via any current or future device capable of distributing the Dailymotion website and/or the Video Player and more generally, any Dailymotion products, content, channels, software, data feeds, services and functionalities.

1.2. By accessing and/or using the Dailymotion Service, without being logged into a Dailymotion Account, You are considered as a “Viewer” and You will only have the ability to access, view or share videos available on the Dailymotion Service, but You cannot benefit from all the other features available on the Dailymotion Service. 

1.3. If You want to be able to upload videos and access some other features of the Dailymotion Service, You first need to create a Dailymotion Account and have Your email address validated (see Section 1.4.) at which point You will be a “User.” A “Dailymotion Account” means the video content storage space on the Dailymotion Service which is dedicated to a User (as defined below) on the Dailymotion Service that can be created by signing up for a Dailymotion Account via www.dailymotion.com.

1.4. Information provided by You to create Your Dailymotion Account must be accurate and complete. In order for Dailymotion to verify that the email address You provided is valid, You will receive an email from Dailymotion asking You to validate Your email address. Pending validation of Your email address, access to some of the Dailymotion Service’s features may be restricted. 

1.5. By creating a Dailymotion Account, You agree that You alone is responsible (to Dailymotion and to others) for the activities that occur under Your Dailymotion Account. Your user ID and password are at Your sole responsibility and it is Your obligation to keep them confidential. You should immediately notify Dailymotion of any unauthorized use of Your User ID, password or any other breach of Your Dailymotion Account security.

1.6. If and when You have accepted the terms of the Dailymotion Partner Program, You are considered a “Partner” and have the opportunity to monetize Your Content uploaded on Your Dailymotion Account.

1.7. Both Users and Partners can upload video files on the Dailymotion Service, post comments and reacts, provide further information with each video, such as a title, a description, and pick a video category. Any and all elements posted through Your Dailymotion Account on the Dailymotion Service are deemed to be “Your Content”.

1.8. Users and Partners are expected to be an active part of the Dailymotion community. As such, You acknowledge that if Your Dailymotion Account remains inactive for a significant period of time, Dailymotion reserves the right to delete, reclaim or remove Your Dailymotion Account in its sole discretion with or without prior notice to You.

1.9. Any individual or entity accessing the Dailymotion Service may be referred hereafter as a “Visitor,” regardless of their status (Viewer, User or Partner). Any Visitor shall respect these Terms.

1.10. The Dailymotion Service offers access to videos in association with advertising. Presence of advertisement is an essential feature of our Service. To that end:

a) the use of technical or other means aiming at preventing the presence of ads (so-called “ad-blockers”) and/or artificially increasing the number of views generated by an ad (so-called non-organic traffic generated by “robots or “botnets”) is explicitly prohibited. Any detection of such means may lead to blocking Your access to our Service. The detection of these prohibited technologies constitutes a security measure of the Dailymotion Service and may be carried out using automated detection tools and may require access to Your device.

b) Dailymotion may use technical or other tools to maintain compliance of Content with the Prohibited Content Policy, detect advertising fraud and ensure brand safety.

Terms Of Use

Simplified Summary of our Terms of Use: If you want to access the main points of our Terms of Use in a simplified way, for instance if you’re a kid, you can access this Summary. Please note though that it is provided for informational purposes only. In case of conflict between the Terms of Use and the summary, only the Terms of Use shall prevail.

Your use of the Dailymotion Service implies your acceptance of these Terms of Use including the Prohibited Content Policy and the Data Protection Annex below (with the Standard Contractual Clauses incorporated therein). We ask You to read them carefully.

Last update: August 8, 2025. The new changes become effective as of August 15, 2025.

If you do not agree to the updated Terms, you can stop using the Dailymotion Service. If you continue to use the Dailymotion Service after the effective date, we consider that you accepted the updated Terms.

Lynn Wang - 王怡然

姓名(中文) : 王怡然

姓名(英文) : Lynn Wang

出生日期 : 06月09日

星座 : 雙子座

學歷 : 大學

語言 : 普通話、英語、粵語