By accessing and/or using a Corporate Website, You express Your unconditional consent to the ToU defined herein and are presumed to have fully read, understood and agreed to any and all provisions of the ToU without any restriction or reservation. If You do not agree with the ToU, You shall immediately stop accessing and/or using the Corporate Websites.
If however you continue to access and/or use any of the Corporate Websites then You explicitly agree to access and/or use the Corporate Websites and any information contained therein in strict conformity with the present ToU.
1/ Description of the Corporate Websites
The Corporate Website’s purpose is to infom the public about Dailymotion SA and its subsidiaries (hereafter collectively “Dailymotion”) in France and around the world and notably include the following information:
- General information about Dailymotion, Dailymotion events and Dailymotion culture;
- Information concerning Dailymotion’s advertising activities;
- Information and documentation about Dailymotion addressed to developers;
- Information about the Dailymotion “Partner Program” offered to publishers;
- Information on current job openings and career opportunities at Dailymotion.
The content available on the Corporate Websites is provided by Dailymotion for informative purposes only. Dailymotion aims at keeping its Corporate Websites up-to-date and providing accurate and reliable information. Note that despite all the effort put into preparing content and information, Dailymotion cannot guarantee the integrity, accuracy, completeness, up-to-date nature or any other quality of the information accessible via the Corporate Websites. No representation is made that the information provided is complete or error-free and Dailymotion shall not be liable for Your reliance thereon.
Dailymotion SA also operates a free of charge video hosting service enabling users to access, view, upload, store and share videos. In doing so, Dailymotion SA acts as a web hosting services provider. This content hosting service is accessible at www.dailymotion.com (hereafter the “Commercial Website”) and is not subject to the present ToU. The terms and conditions applicable to the Commercial Website are accessible at https://www.dailymotion.com/legal/terms.
2/ Your Access and Use of the Corporate Websites
You are solely responsible for Your access and/or use of the Corporate Websites, for the information You provide (e.g. Your email address) and the equipment used by You to access the Corporate Websites (i.e. all hardware and software, including but not limited to the information system and networks, workstations, computers, mobile phones and tablets which are in Your possession, thereafter Your “Equipment”).
It is acknowledged that any and all costs associated with Your accessing and using the Corporate Websites, if any, shall be exclusively borne by You.
Dailymotion reserves the right to implement, from time to time and without prior notice, any technical changes to the Corporate Websites that we deem fit. You remain solely responsible for adapting Your Equipment accordingly (e.g. update to the latest version) in order to be able to continue to access the Corporate Websites.
Note that, when You access and/or use the Corporate Websites, You are presumed to be fully aware of and You acknowledge any limitations of the Internet such as technical performance, response times for consulting, searching for and transferring information, the risk of interruption and more generally the risks inherent to any connection to and transmission of data on the Internet, the lack of protection for certain data against possible misuse, and the risk of being infected by viruses circulating on the network.
As such, You remain solely responsible for implementing any and all appropriate and necessary measures to protect Your Equipment, data and/or software stored on Your Equipment, along with any information You may send to Dailymotion through the Corporate Website, against any infringement, loss, violation or misuse. Therefore, Dailymotion will not be responsible for the consequences of any malfunctioning and/or security failure affecting Your Equipment or data nor, in a more general manner, for Your use of the Corporate Website and the effects of Your non-compliance with the ToU.
You are prohibited from accessing or continuing to use the Corporate Websites or any part thereof in an unauthorized and/or fraudulent manner including through an interface other than the one offered by Dailymotion. If You accidentally reach a reserved area of a Corporate Website without being authorized to do so (ex. an administrative area), or discover any other vulnerability, You shall instantly cease such use and agree to immediately notify Dailymotion to allow us to take the appropriate corrective action. You agree to treat as confidential any data of which You may become aware when accessing a reserved area.
You are also prohibited from (i) removing or editing any and all data available on the Corporate Website, (ii) fraudulently adding data to the Corporate Website, and/or (iii) making any unauthorized changes to the Corporate Website’s functionalities. You must take special precautions not to introduce any virus, malicious code or any other damaging technology into the Corporate Website.
Specifically, You shall refrain from (i) performing any activity that attempts to overload a page or that otherwise distorts a Corporate Website’s functionality, (ii) using any software that could cause disruption of a Corporate Website’s operation, and/or (iii) taking any action that would impose an undue strain on a Corporate Website’s infrastructure.
3/ Access and Use of the Corporate Websites by Minors
The Corporate Websites are not addressed to minors, as this term is defined by the local applicable laws.
In addition to any existing applicable local legal restrictions, note that a minor is prohibited from accessing and/or using the Corporate Websites without a prior consent from his/her parent(s) or guardian(s) and subject to the minor’s parent(s) or guardian(s) having warranted the minor’s compliance with the ToU. In that event, the minor’s parent(s) or guardian(s) shall be solely liable for the minor’s access and use of the Corporate Websites.
Based on the nature, complexity and the risk associated with the limitations of the Internet and associated technologies, Dailymotion will make reasonable efforts to ensure the accessibility, operation, security and/or availability of the Corporate Websites or of any element thereof.
In addition, Dailymotion retains the right, at its sole discretion, to restrict the access to or to close the Corporate Websites or any part thereof, temporarily or definitely, without providing a notice or compensation, for, including but not limited to, carrying out maintenance and/or upgrade operations, modifications, amendments or changes to operational methods, servers and accessibility times, or when legally required to do so.
Dailymotion assumes no liability arising from or in connection with Your inability to access and/or use the Corporate Websites regardless of its cause, be it an event of force majeure, or any event outside or under Dailymotion’s control.
The Corporate Websites are provided AS IS without any express or implied warranties as to the information or content available therein, including but not limited to the non-infringing character thereof, the continuity, performance or ongoing existence of the Corporate Websites, or the suitability or consistency of any aspect of the Corporate Websites with respect to any particular use.
Consequently, You explicitly agree and acknowledge that, to the extent authorized by applicable laws, Dailymotion shall not be held liable for any losses, damages or costs arising in relation to Your access to and/or use of the Corporate Websites such as, in particular:
- any harm caused by Your actions and/or that of a third party and/or a case of force majeure;
- any inaccuracy or omission in relation to the content and information available on the Corporate Websites;
- more generally, any direct or indirect harm, regardless of its cause, origin, nature or consequences, including any loss of profit, clientele or data or any other loss of intangible assets that may result from access or an inability to access the Corporate Websites or from any reliance on any information originating directly or indirectly from the Corporate Websites;
- any damages that may arise as a result of any modifications of the Corporate Websites, as well as any temporary or definite interruption, malfunctioning or unavailability of the Corporate Websites or any part thereof, regardless of their cause.
5/ Intellectual Property
The Corporate Websites and any part thereof (including text, graphics, logos, names, designations, button icons, features, functionalities, images, audio and video clips, information, data, photographs, graphs, typefaces, music, sounds, and other material, application and software) are protected by intellectual property rights (including copyright, patent rights, trademarks, designs and models, databases, domain names and any other existing or future intellectual property rights).
Such intellectual property rights belong to Dailymotion or to third parties that have authorized Dailymotion to use them. Consequently, all intellectual property rights are and shall remain Dailymotion’s or such third party’s exclusive property. The use of the Corporate Websites does not in any way transfer to You the ownership or any other right over the Corporate Websites and/or any of their elements.
Only a restricted, personal, non-transferable, revocable, non-exclusive access and/or use right is given to You, which is granted free-of-charge. Such right is conditioned on Your compliance with the ToU. As a result, You are strictly prohibited from representing, reproducing, or exploiting the Corporate Websites, in whole or in part, in any way or by any means, without Dailymotion’s prior written consent. You agree not to copy, modify, assemble, disassemble, decompile, distort, sell, rent, lend, disseminate, reverse engineer, distribute or transfer the Corporate Websites and/or any of their components, features or consent collection mechanisms, create derivative works based upon or otherwise alter in part or in full the Corporate Websites, or authorize or enable a third-party to do so, without the prior written consent of Dailymotion.
Names, brands, marks and logos, and in general any other distinctive sign that appears on the Corporate Websites, are either owned by Dailymotion and/or by third parties that have authorized Dailymotion to use them. Any total or partial representation, reproduction and/or other exploitation or use of those distinctive signs, in any form, is entirely prohibited.
Without Dailymotion’s prior written consent, any duplication or total or partial representation of the Corporate Websites or any aspect of the Corporate Websites is considered as an act of copyright infringement, unfair competition, and/or parasitic copying, which may result in civil or criminal proceedings.
All rights not expressly granted to You in the ToU are reserved to Dailymotion and its licensors.
6/ Hypertext Links
The Corporate Websites may include hypertext links redirecting You to third-party websites (especially in the “Careers” section accessible at the URL careers.dailymotion.com). Note that access to such third-party websites is not governed by the present ToU.
To the extent such third-party websites are published by independent entities over which Dailymotion has no power of control, Dailymotion disclaims all responsibility for the content of such websites. As such, the publishers of these third-party websites are solely responsible, and Dailymotion shall have no liability, for the content, advertisements, products, services or any other material available on or from such third-party websites and or any use thereof that You may proceed with.
We suggest that You familiarize Yourself with the terms governing those third-party websites before any use thereof.
Dailymotion may use tracking technologies, commonly referred to as “cookies”, on the Corporate Websites. We may also process Your personal data, as collected from or about You on the Corporate Websites.
The present ToU may be amended at any time with or without prior notice. The amendments shall be effective as of their publication date. To learn about any eventual amendments thereto, we invite You to consult the published ToU prior to Your use of the Corporate Website.
9/ Miscellaneous provisions
Tolerance of a situation by either You or Dailymotion does not confer any vested rights to the other party nor shall be interpreted as a waiver of the rights in question.
Nothing in the present ToU shall be interpreted as constituting any association, agency relationship, joint venture, corporate partnership or employment relationship. Neither party shall have the right or authority, express or implied, to accept or create any obligation on behalf of the other party or to enter into any contract or commitment in the name of, or on behalf of the other party.
If one or more provisions of the ToU 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 ToU and all other provisions will remain in force.
These ToU shall constitute the entire agreement and understanding between You and Dailymotion with respect to all matters which are referred to in the ToU.
These ToU are governed exclusively by French law. Any dispute arising directly or indirectly from the access and/or use of the Corporate Websites shall fall within the jurisdiction of the French courts in Paris.