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.
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