They show that we attach, and shall continue to attach great importance to the collective nature of the website, while respecting the rights of all. WE ASK THAT YOU READ THESE TERMS OF USE CAREFULLY. If you have any questions, please do not hesitate to contact us at feedback@dailymotion.com.

THESE GENERAL TERMS OF USE ("TERMS"), WHICH ARE GOVERNED BY FRENCH LAW, SET OUT THE TERMS AND CONDITIONS OF USE OF THE WEBSITE “DAILYMOTION.COM” (COLLECTIVELY, INCLUDING ALL CONTENT AND FUNCTIONALITY AVAILABLE THROUGH THE DAILYMOTION.COM WEBSITE, THE “WEBSITE”), PUBLISHED BY DAILYMOTION (LEGAL INFORMATION). BY ACCESSING/VISITING OR USING THE WEBSITE IN ACCORDANCE WITH THE TERMS SET OUT BELOW (WHETHER YOU ARE A REGISTERED USER OR UNREGISTERED USER), EITHER AN INDIVIDUAL OR A SINGLE ENTITY ("YOU" OR "YOUR" AS APPLICABLE), YOU EXPRESSLY AND UNCONDITIONALLY AGREE TO THE TERMS AND ALL OTHER POLICIES OF DAILYMOTION (LEGAL) INCLUDING BUT NOT LIMITED TO, DAILYMOTION’S PRIVACY POLICY. IF YOU ARE NOT AN INDIVIDUAL, 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 REGISTERING AS A USER AND ESTABLISHING AN ACCOUNT. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU MAY NOT USE THE WEBSITE.

1 Description of the Website

Dailymotion.com is an innovative and original free video hosting website which enables users to access, view, upload, share and comment on their personal videos. While users are allowed unlimited storage space (unless otherwise notified by e-mail), the size of each video is limited to 150 MB and 20 minutes for bandwidth cost control reasons. Since the Website is not designed to back up video data, you are responsible for taking all necessary precautions in that regard. Finally, and in accordance with Internet practice and custom, advertisements may be incorporated into the Website.

2 Your intellectual property rights

If you have registered and have a Dailymotion account pursuant to which you upload video files you create, including comments on videos, your nickname and your avatar (“Your Content”), Dailymotion does not own Your Content. By making Your Content accessible to other users (as a body, or by individual group), you agree to allow any users of the Website free of charge and for personal use only, to view and transmit Your Content on or through the Website, on other electronic communication media or technology (e.g. mobile phones), for the entire period in which Your Content is hosted on the Website. In addition, for the entire period in which your content is hosted and strictly by means of the features that enable the Website to be accessed via the Internet or through other electronic communication media or technology, you authorise us to reproduce/display Your Content and, as necessary, adjust its format for that purpose. Please note that due to the intrinsic nature of the Internet, data transmitted – including Your Content - are not protected against the risks of misappropriation and/or piracy, for which we shall not be liable. You are responsible for taking all appropriate steps to protect such data, where applicable.

3 Other users’ intellectual property rights

Other users of the Website have provided other content subject to the Terms and other notices and policies set forth on the Website. You may access other users’ content solely:

• for your information and personal use;
• as intended through the normal functionality of the Website; and
• for Streaming.

"Streaming" means a digital transmission of an audiovisual work via the Internet from the Website to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing user’s content for any purpose or in any manner other than Streaming 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.

4 Our intellectual property rights

The Website is our exclusive property. As a general matter, we grant you a free, personal, non-exclusive and non-transferable right to access and use the Website, which right is conditioned on your compliance with the Terms. All other rights are expressly excluded without our prior written consent. The Content (other than Your Content and other users' content) included on or accessible through the Website, such as text, graphics, logos, names, designations, button icons, features, functionalities, images, audio clips, information, data, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and software (the “Dailymotion Content”), is the exclusive property of Dailymotion and its licensors and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and is subject to applicable laws and regulations. We grant you a personal, non-exclusive, non-transferable and revocable right to access and use the Website, which right is conditioned on your compliance with the Terms. Dailymotion Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Dailymotion or Dailymotion's licensors. You agree to not use or exploit the Dailymotion Content in any manner inconsistent with any of the rights granted or restrictions set forth herein, including, without limitation, prohibitions on downloading, redistribution, alteration, deletion and deactivation of any content protection mechanisms. You are not allowed to modify, enhance, edit, translate, adapt, reverse engineer, decompile, disassemble, or create derivative works based upon or otherwise alter in part or in full any Dailymotion Content. All rights not expressly granted in the Terms are reserved to Dailymotion and its licensors.

5 Our liability as host

We are under no legal obligation to monitor content transmitted via or stored on the Website. Our only obligations as host concern (i) the fight against certain content in accordance with the procedure described in the Prohibited Content section, (ii) the retention of your connection data, which is moreover subject to an obligation of confidentiality and treated in compliance with the laws and regulations relating to Personal Data, and (iii) the removal of all clearly illegal content which has been effectively brought to our attention.

6 Your liability as user

As a supplier of content on the Website, including videos, comments on videos, your nickname and your avatar (small picture back to your user profile), you are required to comply with the laws and regulations in force. You are thus responsible for ensuring that Your Content stored on or disseminated through the Website (i) does not violate the intellectual property rights of third parties (including video-clips, television shows, animated and unanimated short, medium and/or feature-length films and advertisements that you have not personally created or for which you have not obtained the necessary authorisations from third parties or copyright royalty collection organizations who hold the rights to them), (ii) does not cause personal injury (including defamation, insults, abuse, etc.) or an invasion of privacy, or (iii) is not contrary to public policy and accepted moral standards (including attempts to justify crimes against humanity, incite racial hatred, child pornography, etc.).

By uploading or disseminating images to or through the Website, you warrant that you are not uploading any infringing material and expressly warrant that you have all necessary rights and/or authorizations from the copyright owner(s) and have paid any royalties or other fees pursuant to any licenses or permissions you may have with owners of copyright royalty collection organizations.

Failure to comply with these provisions will result in Your Content being removed as set out in paragraph 5 and/or your account being deactivated without prior notice. In addition, you may be personally liable to the specific criminal sanctions applicable to the content in question (fines and imprisonment), in addition to being ordered to pay damages, where applicable. In view of the collective nature of the Website and out of consideration for the feelings of all, users are responsible for maintaining certain ethical standards with respect to the videos and/or comments made available online and, in particular, for refraining from disseminating any violent or pornographic content. A “this video may offend” link appears next to each Player in order to allow misuse to be reported by other users, should this be necessary.

7 Registration and access

In order to use the Website's features, you must set up an account using the online registration form. You are free to modify the Personal Data you provide on the form at any time. Upon validating the form, you will receive an e-mail asking you to click on a link in order to confirm your registration. You may access your account by entering your user ID and password, which you alone are responsible for keeping secure. Registration entitles you to use the Website for an unlimited period of time. We reserve the right to terminate your use of the Website at any time, by e-mail, subject to reasonable notice. Failure to satisfy your aforementioned obligations in respect of liability may result in access to your personal space being temporarily or permanently suspended, immediately and without notice, through the deactivation of your account, without prejudice to any other rights we may have.

8 Availability of the Website

In principle, the Website may be accessed 24/7, except in the event of a scheduled or unscheduled interruption for maintenance or in the event of force majeure. Since we are automatically subject to an obligation to use our best endeavours, we shall not be liable for damage of any kind due to the Website being unavailable.

9 Proof, retention and storage

The computer registers stored on our systems in accordance with standard safety practices shall be considered proof of e-mails exchanged, registration forms sent, videos downloaded and comments posted. Registration forms are stored on reliable and durable media, as required by current law. It is agreed that in the event of a contradiction between our computer registers and any paper or electronic documents in your possession, our computer registers shall be authoritative.

These special terms ("CP Terms") set out the terms and conditions governing your participation in the Creative Program. By clicking the "I accept" button below, you expressly and unconditionally agree to the CP Terms.

1 Description of the Creative Program

The Creative Program was developed for the following purposes:

• to provide registered users (General Terms of Use) greater recognition as authors by allowing them to associate their content with a special MotionMaker profile;
• to provide greater exposure of registered users’ personal videos, both on the Website and on other communication media, if applicable, by submitting it to Dailymotion for that purpose.

The Creative Program is available to users free of charge.

Use of the Creative Program is optional and at the user’s sole discretion.

Any license granted by a user to Dailymotion under the Creative Program is non-exclusive and the user remains the owner of his/her video.

2 MotionMaker Profile

The grant of Creative Content status implies the creation of a special MotionMaker profile, indicated by a special symbol attached to your user name, thus making you more clearly identifiable by members of the Internet community.

3 Recognition as Creative Content

Any content submitted by you must be validated by Dailymotion before it can be granted Creative Content status. Upon validation, Dailymotion will become the editor and not merely the host of your video. Validation is confirmed only when your video is marked with the Creative Content symbol. Before we review your content, it is merely hosted on the Website. Due to the large volume of requests, Dailymotion cannot undertake to review and validate proposed content by a specific deadline or send a personalized notice stating why we have decided not to grant your content Creative Content status. The selection criteria remain entirely at our discretion. Until your video is marked with the aforementioned symbol, you retain the right to withdraw it from the Creative Program by blocking access. For the Creative Program, you may send us videos exceeding the size specified in the General Terms of Use, although they will require our validation before they are posted online, certifying that they are of genuine creative interest that warrants their being posted even though they exceed the size restrictions.

4 Intellectual Property

You remain the owner of your video and we undertake to credit you by name (or by any user name you may have indicated to us on submission of your content) on any physical medium that incorporates your Creative Content or in any distribution or broadcast of your Creative Content, according to standard practice and custom. Within the framework of the Creative Program and in addition to the rights granted pursuant to the General Terms of Use, and only from the moment Creative Content status is granted, you agree to grant us a non-exclusive license to reproduce, exhibit, adapt and translate your Creative Content. In order to ensure maximum exposure of your video, the aforementioned license is granted for any present or future medium including hard copy or on computer, digital or online media, or by radio, cable or satellite transmission, in any format, graphic form or environment, and in any language. The said license is granted free of charge, for the maximum term of copyright protection, for the entire world and for any direct or indirect use or exploitation, whether commercial, informational or otherwise. You agree that we will be entitled to grant or afford our partners some or all of the same rights as those specified above. Whenever it is used, your video shall in any event be labeled with the Dailymotion trademark or any other identifying Dailymotion sign or symbol.

5 Your liability in relation to the Creative Program

It is a fundamental requirement that you undertake to submit only content that (i) does not infringe the intellectual property rights of any third party (including but not limited to sound, music, excerpts from television shows or any animated or non-animated short, medium-length and/or feature-length film, advertisement or any other material that you have not created yourself or for which you do not have the necessary clearances from holders of third-party rights in such materials); (ii) does not infringe personal rights (i.e. is not defamatory and does not contain insults, abuse, etc.) or personal privacy (including an individual's right to his or her image); (iii) is not contrary to public policy and accepted moral standards (including attempts to justify crimes against humanity, inciting racial hatred, child pornography, etc.) and, as a general matter, is not contrary to any applicable laws or regulations. Accordingly, you undertake to indemnify and hold us harmless against any claim, action and/or complaint by any third party to which we may be exposed, without prejudice to your liability to provide relief for any loss or injury that we ourselves may have suffered.

You are on notice that any proposed content that does not satisfy the aforementioned requirements will (i) either be rejected or removed from the Website if, when reviewed, we can clearly see that it is unlawful; or (ii) forfeit its Creative Content status and be removed from the Website, if we are informed by a third party that it is unlawful. Under these circumstances, you are also on notice that your identification as a MotionMaker may be withdrawn and access to your personal space temporarily or permanently suspended, immediately and without notice, through deactivation of your account, without prejudice to any other rights that we may have.

6 General

The CP Terms shall be construed without prejudice to the General Terms of Use that they supplement and amend specifically as regards the Creative Program. Those provisions of the General Terms of Use which are not amended by these terms and conditions will remain in full force and effect. In the event of any contradiction between or ambiguity in the interpretation of the General Terms of Use and the CP Terms, the CP Terms will prevail. Any amendment of the CP Terms will be announced via special notice posted on the Website.