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.
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