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

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.

1.5. By creating a Dailymotion Account, You agree that You alone will be responsible (to Dailymotion and to others) for all activity that occurs under Your Dailymotion Account. The user ID and password which are necessary to access Your Dailymotion Account and the features associated with it are Your sole responsibility and it is Your obligation to keep them confidential. You agree to immediately notify Dailymotion of any unauthorized use of Your User ID, password or any other breach of Your Dailymotion Account security.

1.8. As a User or a Partner, You are expected to be an active part of the Dailymotion community. As such, You also 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.

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. You shall not use the Dailymotion Service if (a) You are not of legal age to form a binding contract with Dailymotion, or (b) You are a person who is either barred or otherwise 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.

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.

5.3. 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.

5.6. 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.

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:

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 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.

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. 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.

6.7. 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.

6.10 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.

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.

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.

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 insured 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.

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