Terms Of Use

Table of content

Terms Of Use
APPENDIX A – Prohibited Content Policy
APPENDIX B – Data Protection Annex

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

Last update : December 6th, 2024.

SECTION 1: DESCRIPTION OF THE DAILYMOTION SERVICE

1.1. Dailymotion (“Dailymotion”, “we”, “us” or “our”) operates an original, free video hosting service that enables users to upload, store and share videos, and access and view those shared videos in association with advertising. The Dailymotion Service is made up of the Dailymotion website, the Dailymotion video player that is embeddable onto any website or app (the “Video Player”), the Dailymotion apps and web-apps as accessible (online or offline) via any current or future device capable of distributing the Dailymotion website and/or the Video Player and more generally, any Dailymotion products, content, channels, software, data feeds, services and functionality (“Dailymotion Service”).

1.2. By accessing and/or using the Dailymotion Service, without being logged into a Dailymotion Account, You (“You” or “Your” as applicable) will be hereinafter a “Viewer.” As a Viewer, You will only have the ability to access, view or share videos available on the Dailymotion Service, but will not be able to benefit from all the other features available on the Dailymotion Service. A “Dailymotion Account” means the video content storage space on the Dailymotion Service which is dedicated to a User (as defined below) on the Dailymotion Service that can be created by signing up for a Dailymotion Account via www.dailymotion.com.

1.3. If You want to be able to upload videos and access some other features of the Dailymotion Service, You will need to first create a Dailymotion Account and have Your email address validated (see Section 1.4.) at which point You will be a “User.” Note however that after having created Your Dailymotion Account and until You have validated Your email address according to the process defined below, You will be an “Account Applicant” and will not be able to upload videos or access the other features of the Dailymotion Service.

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.

1.6. As a User, You will also have the ability to access some additional features from the Dailymotion Service, and if and when You have accepted the terms of the Dailymotion Partner Program, You will then be a “Partner” and will have the opportunity to monetize Your Content uploaded on Your Dailymotion Account.

1.7. If You are a User or a Partner, You may notably upload video files (that must be compliant with the Terms) on the Dailymotion Service. Any and all elements posted through Your Dailymotion Account on the Dailymotion Service are deemed to be “Your Content”.

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.

1.9. Any and all individuals or entities accessing the Dailymotion Service may be referred hereafter as a “Visitor,” regardless of their status (i.e. be they a Viewer, Account Applicant, User or Partner).

1.10. The Dailymotion Service offers access to videos in association with advertising. Presence of advertisement is an essential feature of our Services. Use of technical or other means aiming to prevent the presence of ads (so-called “ad-blockers”) is explicitly prohibited and its detection may lead to blocking Your access to our Service.

SECTION 2: ACCEPTANCE OF THESE TERMS

2.1. Whether You are a Viewer, an Account Applicant, a User or a Partner, either an individual or an entity, You signify Your express and unconditional agreement to (1) these terms of use including the Prohibited Content Policy and the Data Protection Appendixes below, and (2) all other policies of Dailymotion, including but not limited to the Dailymotion privacy and cookie policies, as accessible at any time from the homepage of the Dailymotion website, and incorporated herein by reference (all collectively, the “Terms”). You may not use the Dailymotion Service if You do not accept or cannot comply with any of the Terms. By using the Dailymotion Service, You acknowledge that You have read and understood the Terms and agree that Dailymotion will treat Your use of the Dailymotion Service as acceptance of the Terms.

2.2.1. If You reside in a country that is a part of the European Economic Area, the United Kingdom or Switzerland, the Terms form a legally binding agreement between You and Dailymotion SA in relation to Your use of the Dailymotion Service. Any reference to “Dailymotion” in the Terms will then always refer to “Dailymotion SA,” whose details are provided here.

2.2.2. If You reside in a country that is not a part of the European Economic Area, the United Kingdom or is not Switzerland, the Terms form a legally binding agreement between You and Dailymotion Inc. in relation to Your use of the Dailymotion Service. Any reference to “Dailymotion” in the Terms will then always refer to “Dailymotion Inc.,” whose details are provided here.

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. If you are an individual (by opposition to a legal entity), You represent to Dailymotion that you are either: (i) more than 18 years old, or (ii) an emancipated minor, or (iii) at least 13 years old and that You possess legal parental or guardian consent. The Dailymotion Service is not intended for children under 13 so you shall not use it if you are not 13 yet. You shall neither use the Dailymotion Service if (a) You are not of legal age to form a binding contract with Dailymotion, or (b) You are 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.

SECTION 3: YOUR INTELLECTUAL PROPERTY RIGHTS

3.1. For the entire period during which Your Content is hosted on the Dailymotion Service, You grant to Dailymotion the non-exclusive worldwide rights (unless You geoblock certain territories through Your Dailymotion Account), transferable to Dailymotion’s Affiliates, to reproduce, represent, stream, replay (including offline display without permanent download), exploit, exhibit, show, market, distribute and to technically modify and compress Your Content as is strictly necessary for the purposes of the viewing and/or streaming of Your Content on the Dailymotion Service.

“Affiliate” means any current or future company that controls, is controlled by, or is under common control with Dailymotion SA.

3.2. By making Your Content accessible on the Dailymotion Service, You agree to allow any Visitors of the Dailymotion Service to view and to share Your Content through the Dailymotion Video Player on or through any declination of the Dailymotion Service, as accessible (online or offline) via any current or future device capable of distributing the Dailymotion Service by any means of access, including but not restricted to computers, smartphones, tablets, TV devices, IPTV platforms and/or game consoles free-of-charge. Furthermore, You acknowledge that Your Content and/or any videos uploaded onto the Dailymotion Service by third-parties (the “Third-Party Video(s)”) available for embedding through the Dailymotion Video Player when on the Dailymotion website (www.dailymotion.com) and/or when embedded elsewhere may include advertising.

3.3. Despite this allowance, Your Content shall always remain Your property. Please note that due to the nature of the Internet and digital media, data transmitted – including Your Content – cannot be protected against risks of misappropriation and/or piracy, for which Dailymotion shall not be liable. You are responsible for taking all appropriate steps to protect Your data, where applicable.

SECTION 4: LICENSE & OUR INTELLECTUAL PROPERTY RIGHTS

4.1. We grant You a personal, non-exclusive, non-transferable and revocable right to access and use the Dailymotion Service, which is conditioned on Your compliance with the Terms.

4.2. The material (other than Your Content and the Third-Party Video(s)) included on or accessible through the Dailymotion Service, such as text, graphics, logos, names, designations, button icons, features, functionalities, images, audio clips, information, data collected from the Dailymotion Service, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and software (the “Dailymotion Material”), is the exclusive property of Dailymotion and its licensors, and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and subject to applicable laws and regulations.

4.3. Dailymotion Material 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 Material 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 Material.

4.4. All rights not expressly granted in the Terms are reserved to Dailymotion and its licensors.

SECTION 5: OUR LIABILITY AS A HOSTING SERVICE PROVIDER

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.

5.2. You acknowledge and agree that the owners of the Third-Party Video(s) and Dailymotion in accordance with Section 5.1., may from time to time remove Dailymotion users’ content (including Your Content) from the Dailymotion Service. You shall nonetheless remain fully liable for Your Content.

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.

5.4. You acknowledge and agree that the Dailymotion Service, in whole or in part (including, without limitation, the look and feel, the thematic channels, and the functionality of the Dailymotion Service), on and through which Your Content will be distributed, as well as any Third-Party Video(s) are provided “AS IS” and “as available” without warranties of any kind from Dailymotion or any owners of the Third-Party Video(s). Neither Dailymotion nor any owners of the Third-Party Video(s) warrant that the Third-Party Video(s) and the Dailymotion Service, the Dailymotion Material or any other software, content, information, materials or products included on or otherwise made available to You through the Dailymotion Service are free of viruses or other harmful components. Dailymotion may enhance, modify and update the Dailymotion Service at its sole discretion. For the sake of clarity, You shall not be entitled to request any modification to the Dailymotion Service.

5.5. Dailymotion, its affiliated companies, officers, directors, employees, agents, vendors and suppliers as well as the owners of the Third-Party Video(s) (the “DM Parties”) disclaim all warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement to the fullest extent permissible under applicable law. The DM Parties also disclaim all warranties, take no responsibility and assume no liability for the content present on the Dailymotion Service, including but not limited to any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography or profanity You may encounter on the Dailymotion Service. The DM Parties make no warranty or representation that the Dailymotion Service or its functionalities or technology, in whole or in part, will be uninterrupted, error-free or secure, including with respect to the delivery of Your Content and/or any limitations on Your or any other Visitor ability to access, view or use Your Content or any other content, or that any information obtained from the Dailymotion Service will be accurate or reliable.

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.

5.7. Nothing herein shall exclude or limit Dailymotion’s liability for losses which may not be lawfully excluded or limited by applicable law. Subject to this overall provision above, Dailymotion shall not be liable for:

(a) any indirect or consequential losses which may be incurred by You, including (i) any loss of profit (whether incurred directly or indirectly); (ii) any loss of goodwill or business reputation; (iii) any loss of opportunity; or (iv) any loss of data suffered; or
(b) any loss or damage which may be incurred as a result of: (i) any reliance placed by You on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between You and any advertiser or sponsor whose advertising appears on the Dailymotion Service; (ii) any changes which Dailymotion may make to the Dailymotion Service, or for any permanent or temporary cessation in the provision of the Dailymotion Service (or any of its features); (iii) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through Your use of the Dailymotion Service; (iv) Your failure to provide Dailymotion with accurate account information; or (v) Your failure to keep Your password or Your accounts details secure and confidential.

5.8. The limitations on Dailymotion’s liability defined in this Section shall apply whether or not Dailymotion has been advised of or should have been aware of the possibility of any such losses arising.

Some jurisdictions limit or do not allow the disclaimer of warranties or damages, so the above disclaimer may not apply to the extent such jurisdiction’s law applies to the Terms.

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 and/or 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.

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.

6.6. 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.

SECTION 7: REPORTING PROHIBITED CONTENT

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.

7.2. Such processes to report prohibited content are described in detail at the following URL: http://www.dailymotion.com/legal/prohibited and within our Help Center at the following URL: https://faq.dailymotion.com/hc/en-us/sections/200384117-Community-guidelines.

SECTION 8: DATA, ADVERTISEMENTS AND PRIVACY

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.

8.4. During Your use of our Service, the data that You provide to us or that we collect or otherwise receive about You are stored by Dailymotion on servers belonging to Dailymotion SA and to our service providers (ex. cloud storage service providers) located both in the European Economic Area (“EEA”) and outside the EEA.

In particular, Your video Content is stored in the European Economic Area (“EEA”). If You decide to make Your video Content available outside of the EEA, for technical reasons inherent to video delivery technology, a temporary cache copies of extracts of Your video Content may also be stored outside of EEA.

Your Comments are stored outside the EEA, namely in the USA.

As any other business, Dailymotion uses third parties’ services to carry out its operations. Some of these services require processing of Your data outside of the EEA. For example, we use non-EEA cloud storage to store information pertaining to the delivery of advertising shown to You. For more details on how Your personal data is processed outside the EEA please refer to our Privacy Policy.

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.

For clarity, when the provision or use of the Dailymotion Service involves transfer of personal data outside of data subject country of residence, each Party will (where applicable) comply with the legal obligations relating to such transfers, storage and Processing. In particular, when Your Content contains Third Parties’ personal data, You shall ensure and warrant Dailymotion thereto, that You have all necessary authorizations and consents (including, when applicable, data subjects’ consent) prior to the use of the Dailymotion Service and the resulting transfer.

8.5. As a User, You have the ability to upload Content (which includes the title and description of the video) incorporating personal data. We remind You that You remain responsible for the Processing of the personal data incorporated therein and that Dailymotion acts only as a Data Processor of this data, as these terms are defined by applicable laws on the protection of personal data. In this respect, as a Data Controller, You commit to respecting the Applicable Data Protection Laws, and especially to lawfully collect and process this data and to answer data subjects requests. In particular, You warrant that You have obtained and will maintain all required consents from third-parties whose personal data is incorporated in Your Content as necessary to allow us to provide the Dailymotion Service. You may refer to the provisions set out in Appendix A of the Terms in order to learn more about Your status as a data controller under the General Data Protection Regulation (GDPR) for the personal data of data subjects residing in the European Economic Area that may be incorporated into the Content that You upload on our Service.

8.6. Dailymotion takes Your privacy and the protection of Your personal data collected and processed in connection with Your use of the Dailymotion Service very seriously. If You want to find out more about the personal data collected, how we collect it and the related processes, You can check our Privacy Policy any time available from the Dailymotion homepage.

8.7. Please note that the Dailymotion Service relies on content recommendation tools. You may find more information about these tools on our dedicated page: Dailymotion Recommendation Tools Transparency.

SECTION 9: MISCELLANEOUS

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.

APPENDIX A – Prohibited Content Policy

Dailymotion endeavors to ensure a safe and respectful viewing environment for its Visitors. In order to protect its community, Dailymotion prohibits the content defined in Section I below (“Prohibited Content(s)”) and has developed a feature to limit the visibility of so-called sensitive content presented in Section IV.

As a hosting service provider, Dailymotion cannot guarantee that no inappropriate or illegal content will disturb your experience. Indeed, Dailymotion is neither legally required nor able to monitor and control each and every piece of content uploaded onto the Service. Therefore, we encourage our Visitors to notify us of any Prohibited Content on the Dailymotion Service using the methods described in Section II.

Furthermore, Users are formally prohibited from putting online any content that falls into one of the categories of Prohibited Content as defined in Section I, and a violation of this may result in the consequences set out in Section III.

I) PROHIBITED CONTENT CATEGORIES

Dailymotion encourages the diversity of sources of information on the Internet to allow Visitors to freely form an opinion in complete safety.

In order for the Dailymotion Service to remain a safe space for exchange and sharing where the fundamental liberties of each person are respected, we have implemented rules aimed at prohibiting the sharing of certain content, as defined hereafter, and in general, any content which could be considered as a violation of any applicable law or regulation. Note that the below list of Prohibited Content is not exhaustive, and the definitions may be adapted based on differing contexts.

These rules apply to all forms of content broadcasted on the Dailymotion Service, including videos available on the platform and/or streamed live, video descriptions or titles, thumbnails, keywords, playlists, channels, and usernames.

Please note that disclaimers inserted within content broadcasted on the Dailymotion Service, including videos available on the platform and/or livestreams, comments, video descriptions or titles have no legal force whatsoever. Under no circumstances may they allow a User to avoid complying with the rules set forth in this Prohibited Content Policy, nor to escape the consequences set forth in section III below.

A. Pornographic or sexually explicit content

Dailymotion strictly prohibits any pornographic content. Any content representing or legitimizing non-consensual sexual acts is also prohibited.

We define pornography as any particularly obscene content which is displayed to the public, with no aesthetic research purposes and with provocative crudity, scenes of sexual life, especially scenes of sexual intercourse.

In particular, it is forbidden for our Users to post online any content:

Representing pornographic scenes (real, animated and/or illustrated);
Representing sexual acts in an explicit manner;
Representing any form of nudity in a sexual context;
Involving non-consensual sexual acts or unwanted sexualization;
Which is appeals to sexual fetishes;
Depicting sexual gestures such as masturbation or erotic touching;
Depicting incestuous scenes or advocating incest;
Involving staged sexual acts;
Involving sexual acts with animals (zoophilia);
Representing and/or involving pimping;
Published as a form revenge porn and/or sextortion of a minor or adult;
Showing genitals, breasts, buttocks, whether clothed or unclothed, in an evocative manner, meaning images or representations of nudity that, while not explicitly pornographic, can provoke or encourage interpretations with sexual connotations through poses, angles, or staging that may create an erotic atmosphere ;
Using or displaying sex toys in an explicit context;
Threatening or encouraging sexual assault or sexual exploitation; or
Promoting non-consensual sexual acts.

The above list is not exhaustive and applies to all types of content.
Some content representing or evoking one of the situations listed above can be exceptionally maintained on the Dailymotion Service notably because of its manifestly educational, documentary, scientific or artistic context. However, Dailymotion reserves the right to reduce the visibility of such content.

Any User who violates the rules set out above and/or encourages their violation shall be subject to the consequences set out in Section III.
Should any illegal activity(ies) be detected, Dailymotion will contact the relevant authorities in accordance with the applicable regulations.
For more information on this type of content, you can read the dedicated article on the Dailymotion help center.

B. Content depicting a child in danger or being abused

Any sexually explicit content featuring children or representing any form of exploitation of a child or persons whose physical appearance is that of a minor is strictly prohibited on Dailymotion. Any content involving abusing or endangering a child in any way is also prohibited.

In particular, it is forbidden for our Users to post online any content:

Sexually representing children;
Representing and/or promoting incest or pedophilia;
Depicting children as victims of sexual abuse;
Providing instructions or inviting participation in any sexual assault of children;
Aiming to sexually exploit or solicit children, including by threatening to expose intimate images or information (grooming, sextortion, etc.);
Inciting a minor to perform an act of a sexual nature on himself or on another person;
Constituting porn-disclosure involving minors, more commonly known as “revenge porn”;
Sexualizing children;
Depicting children in a sexual context;
Involving abuse or harassment of children (verbal, physical and/or psychological abuse);
Constituting acts considered as bullying; or
Representing a child in a dangerous situation.

However, Dailymotion reserves the right to reduce the visibility of such content by applying a parental filter to avoid offending the sensibilities of young audiences.

For more information on this type of content, you can read the dedicated article on the Dailymotion help center.

C. Content that may offend Visitor’s sensibilities

Dailymotion has elaborated rules and tools aimed at protecting its Visitors and, in particular, young audiences, from videos which may offend their sensibilities (“Sensitive Content(s)”).

By Sensitive Content, we mean any video that may offend the sensibilities of young audiences and in particular any video:

Presenting scenes of nudity ;
Promoting sexual challenges;
Depicting violent scenes of war;
With a sexual theme or involving sexual activity;
With a suggestive and/or sexual title or description;
Including depictions of violence;
Presenting a real medical procedure (heart massage, surgery, etc.);
Presenting accidents (air crash, traffic accident, etc.); or
Presenting scenes of animal cruelty

The above list is not exhaustive.

Users are prohibited from uploading any Sensitive Content without first restricting access to it by checking the box dedicated to this purpose (“Restrict access to sensitive content”) when uploading. For more information on Restricted Mode, please refer to Section IV of this policy.

Any User who violates the rules set out above and/or encourages their violation shall be subject to the measures and sanctions set out in Section III.

For more information on this type of content, you can read the dedicated article on the Dailymotion help center.

D. Hateful Content

Dailymotion prohibits any content which contains hateful behavior and/or which undermines human dignity. Thus, Dailymotion strictly prohibits any content, behavior, or statements which aim to attack, insult, threaten, or incite to hatred, violence or discrimination against a person or a group of persons on the basis of attributes or personal characteristics, real or supposed, such as: race, ethnicity, nationality, religion/faith/beliefs, caste, language, sexual orientation, sex/gender, gender identity, physical appearance, illness, disability, migratory status, and eating disorders, or more generally, fueling hatred by instilling discriminatory ideas and beliefs in people’s mind.

Such hateful content may take the form of outrageous expression, terms of contempt, invectives, stereotyping, attempts to offend, stigmatization, dehumanization, declarations of inferiority, expressions of disgust, insults, marginalization, or provocations of hatred, violence, or discrimination against individuals or groups of individuals targeted because of their personal attributes or characteristics.

In particular, it is forbidden for our Users to post any content:

Encouraging violence against persons or groups of persons on the basis of one or more of the attributes listed above;
Stigmatizing a person or group of persons by gratuitously criticizing or attacking their actual or perceived religion, faith, beliefs or sexual orientation;
Relaying hateful, insulting or humiliating speech or acts targeting, for example, the religious affiliation, gender, skin color, sexual orientation, or disability of one or more groups of people;
Dehumanizing and/or demeaning to a person or group of persons, including implying that they are inferior;
Abusing or defaming a person or group of persons on the basis of personal attribute(s) or characteristics;
Encouraging, supporting or glorifying hateful ideologies (such as antisemitism, racism, white supremacism, anti-LGBTQIA+ activism…) or proclaiming the superiority and/or dominance of one group of people over others;
Defending conspiracy theories that a person or group of people is dishonest or malicious;
Using stereotypes based on personal attributes or characteristics which incite hatred;
Conveying discriminatory, hostile, mocking and/or contemptuous messages, images and/or statements towards overweight, obese or anorexic people;
Encouraging, supporting, or promoting conversion therapy or any other practice aimed at changing or repressing a person’s actual or perceived sexual orientation or gender identity;
Undermining human dignity; or
Contributing to the exploitation of people (such as content depicting forced labor, domestic servitude, human trafficking for sexual exploitation, slavery and/or pimping).

Any User who violates the rules set out above shall be subject to the consequences set out in Section III.

Should any illegal activity(ies) be detected, Dailymotion will contact the relevant authorities in accordance with the applicable regulations.

For more information on this type of content, you can read the dedicated article on the Dailymotion help center.

E. Content glorifying, normalizing or denying a crime

Dailymotion strictly prohibits any content legitimizing, glorifying, normalizing, or denying violent events or international crimes committed against a population, a nation, and ethnic, racial, religious or any other group on the basis of personal attributes or characteristics. Dailymotion also prohibits any content that advocates crimes against persons or property.

In particular, our Users are forbidden to post online any content:

Advocating or denying, minimizing and/or trivializing crimes of genocide committed against the Jewish community during the Second World War;
Advocating war crimes, crimes against humanity, crimes of enslavement or exploitation of a person reduced to slavery, or crimes of collaboration with the enemy, even if these crimes have not led to the conviction of their perpetrators;
Denying, minimizing, and/or trivializing, including in disguised or doubtful form or by way of insinuation, any other genocide against humanity, the crime of enslavement or exploitation of a person reduced to slavery or war crimes which have given rise to a criminal conviction by a French or international court
Advocating intentional attacks on life or personal integrity and/or sexual assault; or
Advocating aggravated robbery, extortion, destruction, degradation, and/or voluntary deterioration which may endanger people (vandalism, fire, etc.).

The above list is not exhaustive and applies to all types of content.

Some content representing or evoking one of the situations listed above can be exceptionally maintained on the Dailymotion Service notably because of its manifestly educational, documentary, scientific or artistic context.

However, Dailymotion reserves the right to reduce the visibility of such content.

For more information on this type of content, you can read the dedicated article on the Dailymotion help center.

F. Disinformation / Misinformation

Dailymotion prohibits the dissemination of false, distorted, misleading, and/or malicious speech or information that may disturb public order and/or public opinion.

In particular, it is forbidden for our Users to post online any content:

Carrying a risk of major harm by presenting, illustrating, or evoking an event with deceiving elements which relate to a separate event (videos, photos, etc.);
Presenting manifestly false or inaccurate allegations and/or imputations that may interfere with or alter the fairness of elections and/or censuses;
Making false claims in order to delegitimize the results of elections;
Disseminating false information or rumors that may present a direct risk of injury and/or physical violence to others;
Including false information that may be harmful to the health of others;
Disseminating conspiracy theories that disturb or may disturb public peace;
Containing false medical information that contradicts that of local health authorities and/or the World Health Organization (WHO);
Containing exaggerated promises, such as claiming that a miracle treatment can cure chronic diseases such as cancer and diabetes;
Altered or edited in order to mislead Users (beyond the extracts taken out of context) and which may present a significant risk of major harm; or
Created or modified using artificial intelligence for the purposes of manipulation, disinformation, humiliation, defamation.

Any User who violates the rules set out above and/or encourages their violation shall be subject to the consequences set out in Section III.

Should any illegal activity(ies) be detected, Dailymotion will contact the relevant authorities in accordance with the applicable regulations.

For more information on this type of content, you can read the dedicated article on the Dailymotion help center.

G. Terrorist content

Dailymotion prohibits any content that advocates or promotes violent extremist and/or terrorist organizations, individuals, or acts.
In particular, our Users are forbidden to post online any content:

Provoking the commission of terrorist offences or violent extremist acts or glorifying such offences;
Encouraging participation in terrorist offences;
Praising, glorifying, and/or supporting the acts of violent extremist and/or terrorist individuals or groups
Supporting terrorist and/or violent extremist ideologies;
Encouraging people to join violent extremist and/or terrorist organizations;
Providing instructions on methods or techniques for the commission of terrorist offences;
Containing images, sounds or symbols (such as names, logos, flags, slogans, uniforms, gestures, pictures, or other objects) intended to depict violent extremist and/or terrorist organizations or individuals;
Emanating from criminal, violent, extremist, or terrorist organizations;
Depicting one or more hostages; or
Posted online with the aim of soliciting, threatening, or intimidating people on behalf of a criminal, violent, extremist, or terrorist organization.

Any User who violates the rules set out above and/or encourages their violation is subject to the consequences set out in Section III.
Should any illegal activity(ies) be detected, Dailymotion will contact the relevant authorities in accordance with the applicable regulations.
For more information on this type of content, you can read the dedicated article on the Dailymotion help center.

H. Shocking, Malicious, violent or dangerous content

Dailymotion strictly prohibits any macabre, sadistic, threatening, violent, or harmful content as well as any content intended to shock or inspire disgust. Dailymotion also prohibits any content that is dangerous and/or aims to encourage, normalize, or glorify violence, suffering, death, or any situation that may cause injury.

In particular, it is forbidden for our Users to post online any content:

Likely to endanger others and in particular any content encouraging, promoting, or glorifying:
-  Hoaxes or dangerous challenges (strangulation challenges, scarfing, etc.);
-  Suicide, self-harm and/or eating disorders;
-  And in general, all practices that may harm the physical or mental integrity of the individual
Using excessively vulgar or offensive language;
Offering the sale, purchase or trade of products and services that are prohibited for sale (firearms, explosives, drugs etc.);
Infringing on the regulations applicable to the sale, purchase, canvassing, or trading of products and services that are regulated or prohibited for sale (firearms, explosives, ammunition, drugs, alcohol etc.);
Undermining the regulations applicable to games of chance and gambling;
Encouraging, supporting or promoting animal torture and/or any form of cruelty to animals;
Containing explicit or gruesome images of violence or serious physical harm (torture, fighting, slitting of throats, dismemberment, mutilation, human remains etc.);
Praise and/or incitement to join a cult or a sectarian movement;
Inciting violence, including any speech or action that encourages or incites the commission of violent acts or the use of force to resolve a conflict or achieve objectives such as calls to action;
Promoting, encouraging or providing instructions on criminal activities, violence against persons, animals or property.

The above list is not exhaustive and applies to all types of content.
Certain content representing or evoking one of the situations listed above can be exceptionally maintained on the Dailymotion Service notably because of its manifestly educational, documentary, scientific or artistic context. However, Dailymotion reserves the right to reduce the visibility of such content.

I. Misleading and/or spam content

Dailymotion prohibits the diffusion of misleading or fraudulent content. Indeed, spam, scams, and/or any other deceptive practices intended to abuse or mislead Users are prohibited on Dailymotion.

In particular, it is forbidden for our Users to post online any content:

Constituting financial or investment-related scams (sale of fake products or services, get-rich-quick scams, fake charities, etc.);
Offering to buy or sell personal information (such as the sale of credentials to access paid subscription services);
Aiming to defraud Users, in particular by making exaggerated and unrealistic promises (miraculous treatment can cure diseases, miracle diets, promises of quick money, etc.);
Automatically generated by computers (bots) that can impact the quality or user experience;
That misleadingly, automatically, or deceptively redirects to external content;
Posted with the aim of artificially increasing metrics (number of subscribers, “likes”, number of views, etc.);
Does not match its metadata, thumbnails, title, and/or description;
Intended to entice Users to install malicious and/or deceptive applications, programs, or software; or
Repeatedly posted on/through different media (videos, channels, accounts, etc.).

Any User who violates the rules set out above and/or encourages their violation is subject to the consequences set out in Section III.
For more information on this type of content, you can read the dedicated article on the Dailymotion help center.

J. Copyright-Infringing Content

Dailymotion prohibits any copyright-infringing content. The distribution of any content reproducing all or part of a work protected by a copyright without the authorization of the author or the person who holds the rights for this exploitation is indeed forbidden.

In particular, it is forbidden for our Users to post online any content including all or part of:

Pre-existing music and/or songs (recordings, soundtracks of films, series, etc.);
Audiovisual works (film, series, video clips, TV show, advertisement etc.),
Dramatic works (play, opera, musical, performance and other live shows);
Graphic and plastic works (painting, sculpture, photography, architecture, design, comics, manga, illustration, graffiti, digital creation, etc.);
Video games; or
Written works (literary works, courses, press articles, poetry collections, etc.);

of which the User is not the author and for the distribution of which no necessary authorization has been obtained.

However, it should be noted that:

The notion of ‘work’ is extremely broad. Indeed, originality of a work is the only condition to access copyright protection, without the merit of the work and/or its destination being relevant. Thus, the User must bear in mind that all content is potentially subject to copyright protection and therefore its exploitation must be authorized;
The exploitation of a work that has fallen into the public domain may remain subject to certain requirements. However, note that:
- It must always respect the moral rights (which remains even after entering the public domain), and
- The exploitation of an adaptation and/or interpretation of the work that has fallen into the public domain remains subject to the authorization of the rights holders of the adaptation and/or interpretation concerned when these latter have not fallen into the public domain; and
That certain uses of protected works may be possible without the authorization of their authors or of the person who holds the rights to such works when they fall within the scope of the exceptions to copyright and/or related rights provided for by the applicable laws and regulations (and in particular in France by articles L.122-5 L and L.211-3 of the Intellectual Property Code, as detailed in our Help Centre at the following address: https://faq.dailymotion.com/hc/en-us/articles/360020018900-Exceptions-to-copyright) which must always be interpreted strictly.

Any User who violates the rules set out above and/or encourages their violation is liable to the consequences set out in Section III. For more information on this type of content, you can read our dedicated article on our Help Center.

K. Content infringing other’s rights

Dailymotion prohibits the diffusion of any content that threatens, offends, and/or insults any person and/or infringes on their rights.
In particular, our Users are prohibited from posting any content online:

Participating in any form of harassment, including:
• cyber-harassment of a person or “pack harassment” (i.e. publications by several authors of violent remarks made against the same target), and
• sexual or sexist language or behavior that violates dignity by being degrading or humiliating or creates an intimidating, hostile or offensive situation. Sexual harassment is the use, even if not repeated, of any form of serious pressure with the real or apparent aim of obtaining an act of a sexual nature, whether this is sought for the benefit of the perpetrator or for a third party;
Constituting any form of insult, and in particular:
• Using particularly vulgar or offensive language in an insulting manner towards one or more persons, or
• Including any term of contempt, insulting expression, and/or violent or coarse insult seeking to belittle and/or undermine honor or sensitivity;
Constituting any form of threat, including:
• Presenting threats of blackmail and/or hacking into another person’s account,
• Including any form of threat to a person’s physical integrity and/or property, or
• Aiming to intimidate or threatening to reveal information relating to privacy, personal data, and, in particular, information that could identify a person (such as postal or e-mail address, telephone number, bank statement, social security number and/or passport number (doxing));
Disclosing personal information and, in general, any personal data without the permission of the person concerned;
Infringing on the privacy and/or image of a given person;
Including defamatory statements; or
Infringing on the rights of the owner of a trademark.

The above list is non-exhaustive and applies to all types of content.
Any User who violates the rules set out above and/or encourages their violation is subject to the consequences set out in Section III.
For more information on this type of content, you can read the dedicated article on the Dailymotion Help Center.

L. Any Other Content Violating Applicable Laws or Regulations

Prohibited Content shall also include any other content in violation of applicable laws and/or regulations.

II) DETECTION AND REPORT OF PROHIBITED CONTENT

As a hosting service provider, Dailymotion has no general legal obligation to monitor the Content uploaded on the Dailymotion Service nor any general legal obligation to investigate facts or circumstances revealing illicit activities but must immediately remove or disable access to any illicit Content after being informed of its existence.

Dailymotion has therefore put in place detection and reporting tools allowing Dailymotion to be aware of the presence of Prohibited Content on the Dailymotion Service.
The presence of Content that may violate the Prohibited Content Policy can be brought to Dailymotion attention by two means:

via the automatic detection devices set up on the Dailymotion Service (A) or;
via Users’ reporting through the reporting tool present near each video; (B) or through contacting Dailymotion by e-mail or by letter (C).

A. Automatic detection devices

The automatic detection device implemented by Dailymotion includes:

List of keywords and short phrases

Dailymotion has put in place a list of keywords and short phrases to prevent the uploading of Content that is clearly contrary to this Prohibited Content Policy. This list is updated every week and takes into account the “Moderation Decisions” made during the previous 6 months.

Thus, when uploading Content to the Service, if a word or short phrase in the comment, title or description of the video being uploaded is present in the above-mentioned list, the Content in question will be forwarded to our moderation team.
The Restricted Mode may be applied to Video Content (as described in Section IV).

Technologies for the protection of copyrighted content

Dailymotion works with two providers of digital fingerprint recognition solutions: Audible Magic for audio detection and INA (Institut National de l’Audiovisuel) for video detection. Whenever a piece of video Content uploaded on the Dailymotion Service matches the digital fingerprint databases of our two providers, the video Content will be automatically removed.

Despite their high efficiency and their innovative character, these technologies require the collaboration of the concerned rightsholders, who must communicate their content to one and/or the other of these companies in order to create the associated digital fingerprints. Dailymotion is at the disposal of rightsholders to help them contact these societies, in order to prevent the future upload of content that the rightsholders have protected in this way.

B. The reporting tool for Prohibited Content

Dailymotion encourages its Visitors to report any Content that may violate the Prohibited Content Policy. These reports allow the Dailymotion Service to remain a safe space for everyone. This is the fastest way for Visitors to report any Content that they believe violates this Prohibited Content Policy. Our team reviews all reported Content 24 hours a day, 7 days a week.

1. Video Content Reporting Tool

To report video Content, you need to:

Click on the “Report” button available near each video;
Specify whether the report concerns the entire video or only a specific extract (a time stamp is assigned by default but can be modified);
Select the main motive for the report;
Describe in the dedicated free text field any information that will allow Dailymotion to process the report; and
Fill in your first name and surname(s) (as they appear on an official identity document issued by an administration) as well as your e-mail address. This information will allow Dailymotion to inform the Visitor who has reported the Content of the follow-up given to the report.

It should be noted that it is NOT necessary to have a Dailymotion account to report Prohibited Video Content.

In the event of a report of copyright infringement or infringement of other rights, the Visitor will be redirected to a dedicated form. He must necessarily include the URL address of the reported video. Otherwise, Dailymotion will not be able to process the report.
The reporting forms specific to copyright infringement or other rights infringement are also available via this link.
Any report sent to Dailymotion through the reporting tool will be treated in accordance with the formalities required under French law.
Any other report based on other legislation must be submitted to Dailymotion by e-mail or by post in accordance with the provisions below.

2. Tool for reporting Content comments

To report a comment, simply :

Log in to your Dailymotion account;
Click on the “Report” button available near the Content concerned;
Select the main reason for the report; and
Describe in the free text field any information which allows Dailymotion to process the report.

Any report sent to Dailymotion through the reporting tool will be treated in accordance with the formalities required under French law. Any report based on another legislation can be sent to Dailymotion by e-mail or by post in accordance with the provisions below.

C. E-mail or postal reports

The presence of Content that may violate the Prohibited Content Policy may also be reported to Dailymotion by e-mail or by letter. In such case, all of the following elements shall be communicated to Dailymotion:

Depending on the status of the author of the report, the elements necessary to process the request will differ. If the author of the report is:
- A physical person: he/she must specify his/her first name, surname(s) and e-mail address;
- A legal person: the legal form and name of the legal person must be specified, as well as an e-mail address for the follow-up of the report; or
- An administrative authority: the name of the administrative authority concerned must be specified, as well as an e-mail address for the follow-up of this report.

If the report is made in the name of a third party, it is necessary to provide Dailymotion with all supporting documents attesting that the author of the report is duly authorized to represent this third party;

A description of the Content reported, and its precise location (URL of the video(s) concerned or the page on which the comment(s) is/are available);
The main reason of the report (by reference to the Categories of Prohibited Content described in Section I of this Policy); and
and, for any report of copyright infringement or infringement of other rights, any documents and/or information allowing to characterize the infringement in question.

No action will be taken on requests that do not include all the elements that would allow Dailymotion to process the report.
Reports made by e-mail or by letter must be sent to Dailymotion at the address defined below according to the country of residence of the author of the report:

• Reports from US residents:

Mailing Address:
Dailymotion, Inc.
Prohibited Content Notice,
150 W 22nd Street, Floor 12, New York, NY 10011
Phone number: 646-576-6642
Email address: notifications@dailymotion.com

• Reports from European Economic Area residents :

Mailing Address:
Dailymotion SA,
Service Contenus Abusifs,
50, rue Camille Desmoulins 92130 Issy-les-Moulineaux France
Email address: notifications@dailymotion.com

• Reports from Indian residents:

Mailing Address:
Dailymotion India Grievance Officer,
50, rue Camille Desmoulins 92130 Issy-les-Moulineaux France
Email address: dailymotion-in_grievance-officer@dailymotion.com

• Reports from Turkish residents:

Mailing Address:
Gökhan Gökçe,
Buyukdere Cd. No. 193/2 Esentepe – Sisli – Istanbul (Turkey)
Email address: Gokhan.gokce.external@dailymotion.com

Eğer Türkiye’de ikamet ediyorsanız, 5651 sayılı Kanun kapsamında görevlendirilen Temsilciye yazılı olarak ya da eposta yoluyla bildirim gönderebilirsiniz.
İsim: Gökhan Gökçe
Adres: Buyukdere Cd. No. 193/2 Esentepe – Sisli – Istanbul (Turkey)
Eposta adresi: Gokhan.gokce.external@dailymotion.com

• Reports from resident living elsewhere in the world or from competent EU Member States Authorities in regards to the DSA application:

Mailing Address:
Dailymotion SA,
Service Contenus Abusifs,
50, rue Camille Desmoulins 92130 Issy-les-Moulineaux France
Email address: notifications@dailymotion.com

Regarding reports of copyright infringement, we remind you that certain uses of protected works may be permitted without the authorization of their authors or of the person who holds their rights when they fall within the scope of the exceptions to copyright and/or related rights provided for by the applicable laws and regulations (and in particular in France by articles L.122-5 L and L.211-3 of the Intellectual Property Code, as detailed in our Help Center at the following address:
https://faq.dailymotion.com/hc/en-us/articles/360020018900-What-are-the-exceptions-to-copyright-and-related-rights).
Before reporting any Content for copyright infringement, it is thus recommended to check whether the use of the protected work in question is permitted under one of these exceptions.
Please note that reports of copyright infringement or infringement of other rights must be made by the owner of the rights concerned or by its duly authorized representative.

Regarding reports from competent EU Member States Authorities in regards to the DSA application, Dailymotion can process the requests in English, as a language broadly understood by a large number of EU citizens, as well as in French.

III) CONSEQUENCES OF NON-COMPLIANCE WITH THE PROHIBITED CONTENT POLICY

A. Moderation actions applicable to the content

If Dailymotion is aware of the uploading of Prohibited Content on its Service, Dailymotion will apply a moderation action adapted to the nature of the Prohibited Content (“Moderation Action”).

The applicable Moderation Actions may impact the:

Availability;
Visibility;
Accessibility to; or
Monetization of Content.

1. Moderation Action affecting the availability of Prohibited Content: removal of Content

Subject to the provisions below, any Prohibited Content will be removed from the Dailymotion Service as soon as Dailymotion is effectively aware of it.

2. Moderation Action affecting the visibility of Prohibited Content: restriction of the visibility of a video

Dailymotion may decide to restrict the visibility of a video and apply an age restriction to any Content which may offend the sensitivity of young audiences.
This Moderation Action will have the effect of placing the video concerned in Restricted Mode.
Such videos cannot (i) be viewed by Visitors having the Restricted Mode activated, (ii) appear in the results of their searches on the Dailymotion platform, nor (iii) be monetized or recommended by Dailymotion.

3. Moderation Action affecting the accessibility of Content: application of a geo-blocking measure

If the concerned Content violates a specific law/regulation in a given country or territory, Dailymotion can implement geo-blocking measures. These measures allow the Content to be made unavailable in a specific country or territories without altering its accessibility in other countries and/or territories.

4. Moderation action affecting the monetization of Content: video demonetization

Dailymotion reserves the right to demonetize video Content that is not suitable for advertising purposes.

B. Appealing a moderation decision

Dailymotion has established an internal appeal mechanism for the decisions taken by its moderation team following the detection and/or reporting of Prohibited Content (“Moderation Decision(s)”). This internal appeal system allows:

the author of a report to contest the Moderation Decision taken following his/her report; and
the User who has put Content online that has been subject to a Moderation Action mentioned in Section III. A of this Policy to contest the corresponding Moderation Decision.

This internal appeal mechanism is available by contacting our Support teams (see Section II.A.C.) or, in certain cases, via a URL link indicated in the e-mails sent by the moderation team to the author of the report or to the User who posted the Content online.
This URL link redirects to an appeal form which must be filled in by providing all the mandatory information required to process such appeal.
This appeal system is open for a period of 6 (six) months from the Moderation Decision.
Dailymotion is committed to processing these appeals quickly and impartially.
If the moderation team considers that the Content subject to the appeal is not illicit nor incompatible with this Prohibited Content Policy, the Content concerned will be maintained or made accessible and visible again on the Dailymotion Service.
On the contrary, if the moderation team considers that the Content that is subject of the appeal is illegal or incompatible with this Prohibited Content Policy, a Moderation Action will be applied to the relevant Content.
The author of the appeal will be informed of the outcome of the appeal as soon as possible via email sent to the address given on the appeal form.
If you consider that a Moderation Decision goes against the law or if you consider yourself a victim of Content put online on the Dailymotion Service, legal recourses are at your disposal (such as filing a complaint or requests for summary proceedings).

C. Repeated Infringement Policy

Dailymotion takes compliance with its Prohibited Content Policy and its general Terms of Use very seriously in order to ensure a safe and respectful viewing environment for its Visitors, Users and Partners.

Thus, there are various procedures, measures and tools that Dailymotion uses to enforce compliance with our general Terms of Use and which might lead us to moderate content posted onto our Service.

If you repeatedly post Content that violates this Prohibited Content Policy, we may restrict certain features associated with your Dailymotion Account or permanently disable your Dailymotion Account under this repeated infringer policy. Please note that additional specific terms are available here in regards to copyright repeated infringements.

In a general manner, each Dailymotion Account has a penalty scoring system associated with it (the “Counter“). Such Counter is set up at zero by default, but any violation of our Prohibited Content Policy or of our general Terms of Use will be accounted against the Dailymotion Account having performed such violation and will make the Counter increase.

The number of penalty points given to a violation depends on the severity of the content that was removed and the context in which it was shared in order to ensure our violations’ accounting system is fair and proportionate (e.g.: hateful content will lead to more penalty points added to the Counter than spam for instance). Some violations such as, for example, terrorist content or child abuse content, will lead directly to the disabling of the corresponding Dailymotion Account, as further described in Section E below.

The accounting of a violation to the Dailymotion Prohibited Content Policy or the Dailymotion general Terms of Use will last for a period of 90 (ninety) days, meaning that unless the Counter of a Dailymotion Account led to its deletion (as defined in the Section E below), a violation will no longer count towards the Counter of a Dailymotion Account after a period of 90 days.

We remind you that you may always appeal every moderation decision taken by Dailymotion through the link that was provided to you in the email informing you of the moderation decision taken against your content.

If an item of content you posted is restored due to an appeal, Dailymotion will take that restoration into consideration and the corresponding violation will no longer count towards the Counter of your Dailymotion Account.

We are currently working on features that will enable us to increase the level of transparency around the measures taken for the safety of our platform, such as features allowing each User to follow the history of violations of our policies or of the Counter associated to a Dailymotion Account.

D. Restricting features

The Counter linked to the violations performed by a given Dailymotion Account might lead to a restriction of the features linked to your account for a certain period of time or even the disabling of such Dailymotion Account at some point, as defined below.

In addition to the Counter linked to a Dailymotion Account, Dailymotion may also take into consideration the weight of the violations to our policies compared to the activity of this account or of the corresponding User in general, and whenever possible the intention of the violation, in order to define the best and most proportionate sanction applicable.

Several different sanctions might be applied for periods of up to several days if the Counter of a Dailymotion Account reaches a certain threshold, including :

Blocking the ability to upload Videos ont such Dailymotion Account;
Excluding Content posted on such Dailymotion Account from the Dailymotion recommendation systems;
restricting the visibility of your Content posted on such Dailymotion Account;
For Partners having the opportunity to monetize their Content, excluding the Content posted on such Dailymotion Account from monetization.

Please note that Your Dailymotion Account might reach another restriction level as soon as your Counter changes as defined in Section C above.

These restrictions generally only apply to the Dailymotion Account in connection of which the Counter has been calculated, but they may also be extended to other Dailymotion Accounts owned by the same User on the Dailymotion Service.

In addition, Dailymotion might restrict the ability of a User to comment on Third Party Videos if the Counter associated to the User’s account is mainly due to comments in violation of the Dailymotion Prohibited Content Policy.

Apart from the disabling of a Dailymotion Account, all the sanctions applied are temporary, meaning that all the restrictions applied will be lifted automatically at the end of the sanction duration announced in the email informing you of such account restriction decision.

For sake of clarity, a restriction applied to a Dailymotion Account will continue until the notified end date of such sanction even if your Counter falls below the threshold in the meantime.

We remind you that you may always appeal every moderation decision taken by Dailymotion through the link that was provided to you in the email informing you of such account restriction decision.

E. Disabling accounts

If the Counter of a Dailymotion Account reaches a critical level, then such Dailymotion Account will be permanently disabled.

Please note that some very severe violations of our Prohibited Content Policy or of our general Terms of Use will lead to the direct disabling of the corresponding Dailymotion Account even if that’s the first time such account commits a violation.

This sanction generally only applies to the Dailymotion Account in connection to which the Counter has been calculated, but it may also be extended to other Dailymotion Accounts owned by the same User on the Dailymotion Service.

If you believe your Dailymotion Account has been deactivated by mistake, we remind you that you may always appeal every moderation decision taken by Dailymotion through the link that was provided to you in the email informing you of such account disabling decision.

F. Abusive reports

Dailymotion encourages its Visitors to report any Content that may violate the Dailymotion Prohibited Content Policy.

While we truly believe these reports allow the Dailymotion Service to remain a safe space for everyone, it is important to note that in some cases, unfounded reports might be considered abusive.

Indeed, unfounded reports done repeatedly and/or reports reasonably suspected to be willfully made to harm the User having posted the reported Content for instance might lead to the refusal of Dailymotion to process the further reports you might make for a certain period of time.

We remind you that you may always appeal every moderation decision taken by Dailymotion through the link that was provided to you in the email informing you of such reporting restriction.

IV) RESTRICTED MODE

“Restricted Mode” is a feature, activated by default, whose purpose is to limit the visibility of videos that may offend the sensibilities of certain Visitors and, in particular, young audiences.
Visitors who have not deactivated the “Hide Sensitive Content” feature located at the bottom of the platform’s homepage will not be exposed to these videos, i.e. videos labelled as “Sensitive Content” (i) when they are uploaded by Users and/or (ii) in the context of a Moderation Action applied by Dailymotion, as mentioned in Section III.A.2.
These videos cannot be viewed by Visitors who have the Restricted Mode activated and will not appear in their search results on the Dailymotion platform.

Any video whose access has been restricted will not be monetized or recommended by Dailymotion.

APPENDIX B – Data Protection Annex

Last Update of this DPA: July 29, 2024.

PREAMBLE

When You make available Content on the Dailymotion Service, Your Content may include personal data of third-parties (e.g. images, voice recordings, names, etc.) (hereafter “Third-Party Personal Data”). The Processing of such Third-Party Personal Data is governed by the Applicable Data Protection Laws, as defined below. It is explicitly confirmed that nothing in the present DPA shall be interpreted as extending the scope of any of the Applicable Data Protection Laws and that the present DPA applies only to the extent necessary to ensure compliance with each of the Applicable Data Protection Laws.

Since You control the Content You make available on the Dailymotion Service, You alone determine the purposes and means of the Processing of Third-Party Personal Data that may be included therein.

The present Appendix (“DPA”) is applicable to the Processing of Third Party Personal Data included in Your Content, per which:

You are the Data Controller (within the meaning of the Applicable Data Protection Law) for the Processing of such Third-Party Personal Data, and
Dailymotion is Your Data Processor.

Note that if you act on behalf of a third party Data Controller, you are a Data Processor and Dailymotion is Your Sub-Processor.

We remind you that as a Data Controller, it is Your responsibility to establish the existence of a legal basis applicable to the Processing of Third-Party Personal Data incorporated in your Content, be it consent, legitimate interest, contract, or another legally recognized legal basis. In the absence of such valid legal basis, making available on our Service any Content that incorporates Third-Party Personal Data constitutes an infringement of our Prohibited Content Policy (Appendix A).

In using the Dailymotion Service, You accept the DPA as binding on You, and acknowledge that it applies to the Processing of Third-Party Personal Data by Dailymotion as Your Data Processor in relation to the Content that You make available on our Service. If You do not agree with the terms of this DPA, then do not upload, post or otherwise make available Content on the Dailymotion Service.

Note that, in addition to the Processing of Third-Party Personal Data as Your Data Processor, Dailymotion processes other categories of Your personal data during Your use of our Service, and that regardless of whether You are a Viewer, Account Applicant, User or Partner. While Processing Your personal data (other than the Third-Party Personal Data described above) (i) Dailymotion is not Your Data Processor but the Data Controller, and (ii) such Processing of Your personal data is not governed by this DPA but is described in our Privacy Policy.

You and Dailymotion may be individually referred to herein as “Party” or collectively as the “Parties“.

1. Context

You are the Data Controller of the Third-Party Personal Data that may be incorporated into Your Content. In this capacity, You retain full control over such Third-Party Personal Data. By uploading Your Content on our Service, and using the available Content management features, You (acting as Data Controller) instruct Dailymotion (acting in its capacity as Data Processor) to process the Third-Party Personal Data by hosting the Content and providing to You with content management and communication tools.

If You act on behalf of a different Data Controller, You are a Data Processor and Dailymotion is a Sub-Processor. In such a case, any references to Data Controller and Data Processor in this DPA shall be updated accordingly.

2. Definitions

In this DPA, capitalized terms and phrases have the meanings indicated below, which are applicable to both the singular and the plural thereof. Any other term not defined in this DPA shall have the same meaning as that attributed to it in the main body of the Terms above or else in the GDPR or in other Applicable Data Protection Laws.

“2021 SCCs” means, in relation to the Processing of personal data pursuant to the EU Data Protection Law, the standard contractual clauses for the transfer of personal data established in Third Countries, as approved by the European Commission from time to time, the approved version of which is the one set out in the Commission Implementing Decision (EU) 2021/914 of 4 June 2021 on standard contractual clauses for the transfer of personal data to third countries pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council, available here.

“Applicable Data Protection Laws”: means any and all applicable privacy and data protection laws and regulations, including without limitation, where applicable, EU Data Protection Law, the California Consumer Privacy Act of 2018 (“CCPA”) and similar state laws in effect at any time during the Term, the Brazilian General Personal Data Protection Law (“LGPD”), etc., as amended, complemented or superseded from time to time.

“EU Data Protection Law”: means the (i) EU General Data Protection Regulation (Regulation 2016/679) (“GDPR”); (ii) the EU e-Privacy Directive (Directive 2002/58/EC), as amended (“e-Privacy Law”); (iii) the Data Protection Act 2018 (“UK GDPR”); (iv) the Swiss Federal Act on Data Protection (“LPD”), and (v) any national or European data protection laws made under, pursuant to, amending, replacing or succeeding (i), (ii), (iii) or (iv).

“Personal Data”: means any information relating to an identified or identifiable natural person (hereinafter, a “Data Subject”), directly or indirectly, by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person, or as such term or its equivalent may be otherwise defined under the Applicable Data Protection Laws. In particular, any reference to Personal Data shall include reference to Personal Information as the latter is defined under the CCPA.

“Processing” means the Third-Party Personal Data processing entrusted to Dailymotion and described in Section 3 of this DPA.

“Sub-Processor” has the definition attributed to it in the GDPR, and in this case means specifically any Sub-Processor engaged by Dailymotion (or any of their Sub-Processors) who, receives from Dailymotion any Third-Party Personal Data exclusively intended for carrying out data Processing operations entrusted by You under the present DPA. Additionally, any company that is member of the group of companies to which Dailymotion belongs and which may be involved such Processing of Third-Party Personal Data shall also be considered as a Sub-Processor under this DPA.

“Supervisory Authority” means the independent public authority responsible for monitoring the application of Applicable Data Protection Laws in each applicable country in order to protect the fundamental rights and freedoms of natural persons with respect to data Processing and to facilitate the free flow of data within the applicable country. In France, the competent supervisory authority is the “Commission Nationale de l’Informatique et des Libertés” (CNIL).

“Third Countries” means (a) for the purpose of application of the EU Data Protection Law: a country which: (i) is not part of the European Economic Area (“EEA”); and (ii) is not subject of a formal adequacy decision of the European Commission (“EC”) taken in accordance with Art. 25 (6) of Directive 95/46/EC of the European Parliament and the Council of the European Union or Art. 45 (3) of GDPR, recognizing that the country ensures an adequate level of protection of Personal Data; and (iii) is not subject to a formal Swiss adequacy decision, and (iv) is not subject to UK adequacy decision, and b) for the purpose of application of the LGPD: a country outside of Brazil and not considered as providing adequate protection.When Personal Data is transferred to the US, and during the validity of the DPF under the applicable EC adequacy decision, the term “Third Country” refers to transfers to entities that do not participate in the Data Privacy Framework (“DPF”).

“UK Addendum” means the terms complementing the 2021 SCCs as adapted under the UK GDPR and available here.

3. Characteristics of the Processing

You confirm and warrant that confining to us Processing of Third-Party Personal Data included in Your Content is in compliance with the Applicable Data Protection Laws, and, in particular, that You (or the Data Controller You act on behalf of) have established a valid legal basis therefor (ex. consent, contract, legitimate interest, etc.). If You use our Service as a Data Processor of a third party Data Controller, You also confirm and warrant that confining to us Processing of that Third-Party Personal Data is in compliance with the instructions You receive from the Data Controller.

You authorize and instruct Dailymotion to proceed with the Processing of the Third-Party Personal Data on Your behalf to the extent necessary to provide the Processing Services (as defined below) and pursuant to the conditions established in the DPA or as otherwise authorized under the Applicable Data Protection Laws.

Dailymotion shall keep a record of all the Processing activities carried out on Your behalf, in compliance with its legal obligations.

Furthermore, each Party undertakes to comply with all legal obligations imposed on it pursuant to the Applicable Data Protection Laws.

3.1. Purposes of the Processing and Description of the Processing Services

3.1.a. Purposes of the Processing

As a User of the Dailymotion Service, You make Content available on the Dailymotion Service, and such Content may incorporate Third-Party Personal Data.

Dailymotion processes Third-Party Personal Data in order to enable You to use the Dailymotion Service and, in particular, store and communicate Your Content using our Service features.

By uploading Content onto the Dailymotion Service, You may use the Dailymotion Service’s technical features for the following purposes:

Storing Your Content, and consequently Third-Party Personal Data that may be incorporated within Your Content, on the Dailymotion Service;
Making Your Content (and any associated Third-Party Personal Data) available to the public;
Managing the availability to the public of the Third-Party Personal Data incorporated in Your Content, by using the content management tools available on our Service (ex. deciding to place the Content under public or private mode) and Service features (ex. content recommendation, content-categorization, etc.).

Dailymotion does not collect Third-Party Personal Data nor has any prior knowledge of the presence of Third-Party Personal Data within Your Content.

3.1.b. Description of the Processing Services – Your Instructions

You instruct Dailymotion to operate the following services (“Processing Services”) on Your behalf:

Hosting of Your Content on the Dailymotion Service (this includes both the video files and associated metadata) on the servers owned by Dailymotion or provided by Dailymotion’s data hosting and other service providers (ex. cloud storage providers), i.e. our Sub-Processors;
Making available the Video Player for the distribution of Your Content to the public;
Making available technical tools allowing You to manage Your Content and, in particular, if you choose so, to make Your Content available to public, including through content recommendation tools.

Dailymotion shall process the Third-Party Personal Data in compliance with the Applicable Data Protection Laws, for the above-listed purposes and pursuant to the instructions of the Data Controller stipulated in the present DPA. You can provide additional instructions either by using the available technical tools and features of the Dailymotion Service or by addressing them directly to us through Dailymotion’s Help Center. Note that in the event Your instructions are incompatible with the way the Dailymotion Service operates or are in violation of the Terms or any other Dailymotion policies, Dailymotion will not be obliged to comply with such instructions, but You may stop the Processing by removing Your Content or ceasing to use our Service.

3.2. Duration of the Processing

The Processing of Third-Party Personal Data is undertaken on a continuous basis and will last until Your Content is removed for any reason whatsoever from the Dailymotion Service (ex. closure of Your Account, deletion of Your Content by You, or deletion of Your Content by Dailymotion pursuant to the present Terms). Note that despite the removal (i.e. unavailability of Your Content) for technical reasons related to the Dailymotion Service the video files and/or metadata associated with Your Content may remain in our systems for up to 1 month. Longer retention periods of Your Content or of its specific elements (ex. metadata) may be applied if required or authorized under applicable laws (ex. Content removed following a moderation decision is retained or a period of 12 months) and, in particular, if necessary to establish, exercise or defend legal claims.

3.3. Categories of Data Subjects

The Data Subjects of this Processing are individuals whose Third-Party Personal Data is incorporated into Your Content.

3.4. Categories of Third-Party Personal Data

The categories of Third-Party Personal Data processed depend on what Your Content (including associated metadata) contains. They may include any data that You decide to include in Your Content and which identifies or allows the identification of the Data Subjects such as their image (still or animated), voice, name, or any other personal information.

4. Security and Confidentiality of Third-Party Personal Data

Dailymotion has implemented and shall maintain adequate physical and organizational measures necessary to preserve the security of the Third-Party Personal Data integrated within Your Content (ex. aimed at preventing unintended destruction, loss, distortion, damage or unauthorized access to such Third-Party Personal Data). These measures are adapted to the level of the risk presented by the Processing. Nevertheless, we remind You that the Dailymotion Service is not a storage service and that You should take all necessary precautions to backup and preserve Your Content. Dailymotion does not assume any liability for the loss of the said files.

Dailymotion undertakes to implement the following organizational measures and ensures their respect by its staff and its Sub-Processors :

ensure that the persons authorized to process Third-Party Personal Data or otherwise involved in the delivery of the Services are aware of, trained and organized to provide sufficient guarantees of security and confidentiality with respect to Third-Party Personal Data; and
implement access and authorization management rules such as:
- centralized management of access rights,
- gradation of access and use rights,
- periodic reviews.
take all reasonable steps to prevent the misappropriated or fraudulent use of processed Third-Party Personal Data.

In addition, the main technical measures currently implemented by Dailymotion are as follows:

network segmentation and filtering between zones,
multi-factor authentication,
event log, collection and centralization of logs,
anti-virus,
management of security patches,
security / flow encryption (SSL),
Internal PKI,
Encryption of data in transit and at rest,
bug-bounty program,
application of anonymization and pseudonymization techniques (ex. tokenization, aggregation, hashing, etc.),
periodic re-certification of accounts (periodic review of access rights),
peer-to-peer code review (development methodology),
periodic security audits (architecture, configuration, code, intrusion tests, etc.).

In the event of a Third-Party Personal Data Breach (as defined in the GDPR) of which Dailymotion is aware, Dailymotion commits itself to notify You of this Third-Party Personal Data Breach as soon as possible either at the email address associated with Your Dailymotion Account (or any other email address communicated to Dailymotion by You for this purpose) or through any other appropriate means (ex. banner notification visible from Your Dailymotion Account). Dailymotion will cooperate with You, should You choose to notify the Supervisory Authority or an affected Data Subjects of the Third-Party Personal Data Breach. Please note that the competent Supervisory Authority under this DPA is the CNIL.

Furthermore, Dailymotion undertakes to provide You with all reasonable assistance in order to help You in respecting Your obligations regarding the security of the Third-Party Personal Data. You understand and agree that the reasonable costs of our assistance, if any, will be at Your expense.

5. Sub-Processors

5.1. General Information

You authorize Dailymotion to use the services of any Sub-Processor listed in Section 5.2. below. Dailymotion is committed to communicate any information related to a new Sub-Processor by updating these Terms or by other reasonable means of communication (ex. making such list available on the Dailymotion website). Dailymotion’s contracts with its Sub-Processors shall contain commitments at least as strict as those provided for in this DPA. If You object to a Sub-Processor, You can, at any time, terminate the Processing by deleting Your Content from our Service and/or ceasing the use of our Service. Continuous ongoing use of our Service indicates your acceptance of a new Sub-Processor.

5.2. List of Current Sub-Processors

As any other company, in order to provide You our Service, Dailymotion outsources some of its activities to third-party service providers. As a result, the Third-Party Personal Data may be processed by our services providers acting in their capacity of Your Sub-Processors.

A list of Dailymotion’s Sub-Processors is accessible here.

6. Data Subjects Rights

As a Data Controller, it is Your responsibility to inform Data Subjects about the details of the Processing operations and to respond to their requests relating to the exercise of privacy rights (such as: right to information, access, rectification, erasure, restriction of processing, objection and portability) they benefit from under the Applicable Data Protection Laws (“Data Subject Request”).

In this regard:

Dailymotion shall:

– Communicate to You, as soon as possible, any Data Subject Request received by us (except where such communication is prohibited by the competent authorities); and

– Assist You, by all appropriate and reasonable measures, in fulfilling Your obligation to comply with the Data Subject Requests. Note that Dailymotion reserves the right to charge You for all reasonable costs and expenses related to assisting You with such requests.

You hereby instruct Dailymotion, acing on Your behalf, to:

– Receive Data Subject Requests;

– Proceed with the verification of whether a received request is a valid Data Subject Request under the Applicable Data Protection Laws, and in particular:

– proceed with the reasonable verification of requestors’ identity; including, when necessary, through the verification of their IDs;

– request from Data Subjects any addition information or documents reasonably necessary for that verification;

– Not to reply to Data Subject Requests on Your behalf other than by informing Data Subjects about the applicable procedures and, in particular, You being the Data Controller responsible for answering Data Subject Requests and Dailymotion being Your Data Processor whose role is limited to that of an intermediary between a requestor (i.e. a Data Subject) and You (i.e. the Data Controller);

– Transfer Your replies to Data Subjects and receive their communication addressed to You and that, in particular, when Data Subjects do not wish to provide their contact details to You.

You shall:

– respond to Data Subject Requests within the timeframes set forth in the Applicable Data Protection Laws;

– notify Dailymotion of Your response to each Data Subject Request including, if applicable, when You invoke an extension of the time to respond;

– not use any information transmitted by Dailymotion for purposes other than replying to Data Subject Requests and for a period longer than justified by that purpose or otherwise authorized by Applicable Data Protection Laws. In particular, if applicable, You shall proceed with destruction of any copies of communicated Data Subjects’ IDs upon completion of the verification of Data Subjects’ identity.

You agree that:

– Dailymotion will communicate with You using the email address associated with Your Dailymotion Account and/or any other email address communicated therefor to the Dailymotion’s DPO;

– Dailymotion may share Your email address and/or any other contact information provided within Your Account (ex. the postal address) or otherwise accessible to us (ex. the url of Your website) with the Data Subjects as a Data Controller’s contact address. Should You wish to designate any contact information different from what is recorded in Your Dailymotion Account, You should do so by contacting the Dailymotion’s DPO;

– Dailymotion will proceed, on Your behalf, with the reasonable verification of Data Subjects’ identity, including, when necessary, through verification of Data Subjects’ IDs;

– You will not challenge the results of Data Subject identity verification undertaken by Dailymotion and, in particular, You will not ask for copies of Data Subjects’ IDs, unless needed for a valid and documented reason complying with the data minimization and data security principles;

– Data Subjects may refuse to communicate their direct contact details to You, in which case You agree to us acting as an intermediary for the purpose of Your communication with Data Subjects.

In the absence of a timely notification from You informing us about your reply to Data Subject Request, You authorize Dailymotion to proceed with the removal of Your Content from the Dailymotion Service.

In the event that a Data Subject claims that Your Content contains sensitive and/or special Third-Party Personal Data (as defined under the Applicable Data Protection Laws) or that of a minor, You authorize Dailymotion to immediately disable access to Your Content pending Your response to the Data Subject Request.

Note that process applicable to Data Subjects Requests is separate and in addition to any other content removal process described under the Terms (ex. removal of Your Content because it violates copyright law).

7. Your Representations and Warranties

You represent and warrant to Dailymotion that:

You have obtained and will maintain for the duration of Your use of the Dailymotion Service all rights and authorizations necessary to allow us to provide You with the Processing Services including, when applicable, Data Subjects’ consent;
all instructions You transmit to Dailymotion regarding the Processing of Third-Party Personal Data, as described in the present DPA and, in particular, in its Section 3.1. are in conformity with the Applicable Data Protection Laws and, if You act in capacity of a Data Processor for another Data Controller, are compatible with any instructions You have received from such Data Controller. In particular, You warrant that You have been authorized to designate us as a Data Sub-Processor;
the Third-Party Personal Data has been collected and is processed in compliance with the Applicable Data Protection Law;
You have obtained the consent of the Data Subjects or have established an alternative legal basis for the collection and Processing of the said Third-Party Personal Data and You undertake to produce evidence of such consent or legal basis upon a request from Dailymotion, the Data Subjects and/or competent authorities.

To that end, You undertake to defend and indemnify Dailymotion against any and all claims, costs, fines, reasonable attorney fees, or other expenses incurred in relation to the availability on our Service of Your Content integrating Third-Party Personal Data.

8. Audits and Public Authorities Requests

8.1 Audit Requests

To the extent the Processing is subject to the EU Data Protection Law, as a Data Controller, You have a right to audit the Processing activities undertaken by Dailymotion as Your Data Processor within the limitations set forth in this Section.

If You reasonably believe that Dailymotion does not respect one of its specific obligations as Your Data Processor, You may request an audit by submitting a description of this specific suspected failure and an audit request to Dailymotion, using the contact details listed in Section 10 of this DPA. As part of the audit, Dailymotion undertakes to provide You with the information in its possession and strictly necessary to demonstrate the respect of Dailymotion’s obligations as Your Data Processor under this DPA, subject to the respect of Third-Parties’ rights and the security requirements of Dailymotion’s IT systems.

For sake of clarity, You shall not be entitled to receive any information outside of this limited scope of the requested audit. You may request such audit not more often than once per thirty-six (36) months’ period and under the condition that You inform Dailymotion at the latest sixty (60) working days before its planned starting date. Such audit must be performed by an external, qualified and independent third-party auditor at Your expense at Dailymotion’s headquarters and during normal business hours and must be limited to two business days (unless the circumstances do not reasonably allow it to be completed within such time). The auditor must be subject to strict contractual obligations of confidentiality, and the results of such audit must also be treated as confidential information and must be shared with Dailymotion. Dailymotion may object in writing to an auditor appointed by You if the auditor is, in Dailymotion’s reasonable opinion, not sufficiently qualified or independent, a competitor of Dailymotion, or otherwise manifestly unsuitable. Any such objection by Dailymotion will require You to appoint another auditor.

If the audit reveals a non-respect of Dailymotion’s obligations, Dailymotion will take reasonable measures to remedy it or cease the Processing of Your Content. If You are not satisfied with the result of such audit, You may exercise Your right to stop or suspend the use of the Dailymotion Service.

Furthermore, You agree that if during the twenty-four (24) months preceding Your audit request, the matter of Your request has already been subject to another audit initiated by Dailymotion or by a third-party, the sharing of such audit’s results with You will satisfy Dailymotion’s audit obligation under the present Section.

8.2 Public Authorities Requests

In its role as a Data Processor, Dailymotion shall maintain appropriate measures to protect Third-Party Personal Data in accordance with the requirements of applicable data protection Laws and regulations, including by implementing appropriate technical and organizational safeguards to protect Third-Party Personal Data against any interference that goes beyond what is necessary in a democratic society to safeguard national security, defense and public security.

If Dailymotion receives a legally binding request to provide Third-Party Personal Data to a Public Authority, Dailymotion shall, unless otherwise legally prohibited, promptly notify You and provide You with a summary of the nature of the request. Dailymotion may challenge the request if, after careful assessment, it concludes that there are reasonable grounds to consider that the request is unlawful and may pursue possibilities of appeal and/or seek interim measures with a view to suspending the effects of the request until the competent judicial authority had decided on its merits. It shall not disclose the Third-Party Personal Data requested until required to do so under the applicable procedural rules. Dailymotion agrees it will provide the minimum amount of information permissible when responding to a request for disclosure, based on a reasonable interpretation of the request. For the avoidance of doubt, this DPA shall not require Dailymotion to pursue action or inaction that could result in civil or criminal penalty for Dailymotion such as contempt of court.

9. Transfers of Third-Party Personal Data

9.1. Description of Transfers of Third-Party Personal Data

Operation of the Dailymotion Service:

Dailymotion Service is operated by companies belonging to the Dailymotion group, some of which are located outside the EEA. When your Content includes Third-Party Personal Data, non-EEA Dailymotion entities may process such Personal Data outside the EEA, namely in the USA, Singapore or other territories they operate from. In particular, if Your video containing Third Party Personal data is available in the USA, it is Dailymotion Inc’s USA-based content moderation team that will analyze it if it receives a notification of it allegedly infringing character.

Note that Dailymotion Inc. participates in the Data Privacy Framework. Any transfer of Third-Party Personal Data to Dailymotion Inc. relies on that DPF participation. In the event of either, Dailymotion’s Inc. discontinuing its DPF participation or invalidation of the DPF, any such transfer shall rely on the 2021 SCC, as further detailed hereinbelow.

Storage and Content Delivery:
- Comments: o depending on the territory you access the Dailymotion Service from, You may have a possibility to comment Content available on our Service. In addition to them being stored in the EEA Your Comments may be stored in the USA on servers used by our service provider assisting us in operating the comment feature. Consequently, if your Comments contain Third-Party Personal Data, that data is transferred to the USA.
- Other Content: o Dailymotion stores Content (other than Comments) in the EEA either directly (on servers owned by Dailymotion) or through intermediary of its services providers (cloud-storage service providers). If You decide to render Your video Content available outside of the EEA, for technical reasons inherent to video-delivery technology, a temporary cache copies of extracts of Your video Content may also be stored outside of the EEA. A cache copy is created on servers close to a viewer. Its creation is inherent to video-delivery technology and serves to reduce the latency, i.e. enables a viewer to see a video faster by shortening the time between the request to see a video and the appearance of that video on the viewer’s screen. When Your Content includes Third-Party Personal Data, creation of cache copies of extracts of Your Content on non-EEA servers may result in a transfer of such Personal Data outside the EEA (if the actual copies of extracts contain Third-Party Personal Data).
Service Features: Dailymotion Service enables various Content related features, ex. statistics, customer support, content search or recommendation. The data thus processed is stored on servers owned by Dailymotion and by our services providers (ex. cloud-storage service providers) listed in clause 5.2. above, and is analyzed using Dailymotion’s and our service providers’ tools. When Your Content includes Third-Party Personal Data, use of Content related features may result in transfer of such Personal Data outside the EEA. For example, if the title of Your Video that You rendered available in the USA includes somebody’s else name, the content search tool using USA-based resources will process that Personal Data.

9.2. Legal Tools Applicable to the Transfer of Third-Party Personal Data

9.2.1. Transfer of Third-Party Personal Data from You to Dailymotion

To the extent our provision of the Processing Services to You results in the transfer of the Third-Party Personal Data incorporated in Your Content from the European Economic Area, United Kingdom or Switzerland to a Third Country, the 2021 SCC, as complemented below, shall be applicable to such transfer.

It is agreed by the Parties that the 2021 SCC are complemented as follows:

The data exporter: You
- Data exporter identity: as indicated within Your Dailymotion Account
- Data exporter role: Controller or Processor (if acting on behalf of a third party Controller)
The data importer:
- The Dailymotion entity You contract with, namely:
  - If You are established in the European Economic Area, United Kingdom or Switzerland: Dailymotion SA, 50, rue Camille Desmoulins 92130 Issy-les-Moulineaux France, contact details: dpo@dailymotion.com, or
  - If You are established in any other territory: Dailymotion Inc., 150 W 22nd Street, Floor 12, New York, NY 10011, USA, contact details: legal@dailymotion.com;
- For the purpose of the UK GDPR, the local representative of Dailymotion is : The DPO Centre Ltd, 50 Liverpool street, London, EC2M 7PY, UK, +44 (0) 203 797 6340, advice@dpocentre.com.
- Data importer role: Processor or Sub-Processor if data exporter is a Processor.

For transfers from the EEA:

Module Two applies where You (data exporter) are a Controller and Dailymotion (data importer) is a Processor,
- Module Three applies where You (data exporter) are a Processor of a third-party Data Controller and Dailymotion (data importer) is a Processor;
- in Clause 7, the optional docking clause does not apply;
in Clause 9(a) of Module Three, option 2 applies, and the time period for prior notice of Sub-processor changes is 14 days;
in Clause 11(a), the optional language does not apply;
in Clause 17, Option 1 applies with the governing law being that of France;
in Clause 18(b), disputes will be resolved before the courts in Paris, France;
Annex I of the 2021 SCCs and parties activities are completed with the information in Section 3 of the DPA;
Annex II of the 2021 SCCs is completed with the information in Section 4 of the DPA; and
Annex III of the 2021 SCCs is completed with the information in Section 5.2 of the DPA.
For transfers from Switzerland: where a transfer to a Third Country is made from Switzerland, the 2021 SCCs incorporated into this DPA, as modified in Section 9, apply to the transfer except that:
in Clause 13, the competent Supervisory Authority is the Swiss Federal Data Protection and Information Commissioner if the transfer is governed by the Swiss Federal Act on Data Protection; and
references to “Member State” in the 2021 SCCs refer to Switzerland, and data subjects located in Switzerland may exercise and enforce their rights under the 2021 SCCs in Switzerland; and
references to the “General Data Protection Regulation”, “Regulation 2016/679” and “GDPR” in the 2021 SCCs refer to the Swiss Federal Act on Data Protection (as amended or replaced).

For transfers from the UK: where a transfer to a Third Country is made from the UK, the UK Addendum is incorporated into this DPA and applies to the transfer as follows: the UK Addendum is completed with the information in Sections 3, 4 and 5.2 of this DPA; and both “Importer” and “Exporter” are selected in Table 4.

The acceptance of the Terms constitutes mutual acceptance and signature of the 2021 SCC, incorporated in the present DPA, and their annexes.

9.2.2. Transfer of Third-Party Personal Data from Dailymotion to Sub-Processors

In the event that Dailymotion transfers Third-Party Personal Data to a Third Country through a third-party Sub-Processor, Dailymotion will ensure that such transfer takes place only in the presence of legally adequate safeguards such as, for example, integration of the 2021 SCC within contracts concluded with such Sub-Processors, obtaining a commitment from such Sub-Processors to enter into 2021 SCC with their own Sub-Processors (if any).

When the Personal Data is transferred from the EEA, the UK or Switzerland to an US data importer participating in the “Data Privacy Framework” (or any replacement thereof.) such transfer relies on that data importer’s participation in the DPF.

9.2.3. Transfer Assessment

As of the last update of the Terms, Dailymotion has conducted an assessment of the applicable laws and regulations or practices of the Third Countries of destination where the Processing of Third-Party Personal Data may occur.

Dailymotion is designed as a video-sharing platform, meaning that the videos which may contain Third Party Personal Data are public by default, and therefore accessible to anyone.

Taking into account the categories of Third-Party Personal Data and the purposes Dailymotion process that Data on Your behalf, Dailymotion has no reason to believe that the laws and practices in any Third Country of destination applicable to the Processing of Third Party Personal Data, including any requirements to disclose Third Party Personal Data or measures authorizing access by a Public Authority (e.g. a government agency, or law enforcement authority, including judicial authorities), prevent Dailymotion from fulfilling its obligations under this DPA. However, if Dailymotion reasonably believes that any existing or future enacted or enforceable laws and practices in a Third Country of destination applicable to the Processing prevent it from fulfilling its obligations under this DPA and may represent a threat to Third Party Personal Data’s security and integrity, it shall promptly notify its Users, including You, and it will use reasonable efforts to make available to the affected Users a change in the Services. If Dailymotion is unable to make available such change, You may remove Your Content at any time from the Dailymotion Service.

As such, Dailymotion has determined that the risks of infringing such Third-Party’s privacy associated to such transfer to a Third Country is limited and consequently, that the existing measures in place shall be sufficient to ensure the efficiency of the protection of the rights of the data subjects whose Third Party Personal Data is related to.

10. DPO – Identity and Contact Details

Dailymotion’s Contact Information: Contact email here.
Your Identity Contact Information: the email address associated with Your Dailymotion Account, or, if applicable, the email address communicated in compliance with Section 6 of this DPA.

Terms Of Use

SECTION 1: DESCRIPTION OF THE DAILYMOTION SERVICE

SECTION 2: ACCEPTANCE OF THESE TERMS

SECTION 3: YOUR INTELLECTUAL PROPERTY RIGHTS

SECTION 4: LICENSE & OUR INTELLECTUAL PROPERTY RIGHTS

SECTION 5: OUR LIABILITY AS A HOSTING SERVICE PROVIDER

SECTION 6: RESTRICTIONS RELATED TO YOUR USE OF THE DAILYMOTION SERVICE AND ITS RELATED TECHNOLOGIES

SECTION 7: REPORTING PROHIBITED CONTENT

SECTION 8: DATA, ADVERTISEMENTS AND PRIVACY

SECTION 9: MISCELLANEOUS

APPENDIX A – Prohibited Content Policy

I) PROHIBITED CONTENT CATEGORIES

A. Pornographic or sexually explicit content

B. Content depicting a child in danger or being abused

C. Content that may offend Visitor’s sensibilities

D. Hateful Content

E. Content glorifying, normalizing or denying a crime

F. Disinformation / Misinformation

G. Terrorist content

H. Shocking, Malicious, violent or dangerous content

I. Misleading and/or spam content

J. Copyright-Infringing Content

K. Content infringing other’s rights

L. Any Other Content Violating Applicable Laws or Regulations

II) DETECTION AND REPORT OF PROHIBITED CONTENT

A. Automatic detection devices

B. The reporting tool for Prohibited Content

1. Video Content Reporting Tool

2. Tool for reporting Content comments

C. E-mail or postal reports

III) CONSEQUENCES OF NON-COMPLIANCE WITH THE PROHIBITED CONTENT POLICY

A. Moderation actions applicable to the content

1. Moderation Action affecting the availability of Prohibited Content: removal of Content

2. Moderation Action affecting the visibility of Prohibited Content: restriction of the visibility of a video

3. Moderation Action affecting the accessibility of Content: application of a geo-blocking measure

4. Moderation action affecting the monetization of Content: video demonetization

B. Appealing a moderation decision

C. Repeated Infringement Policy

D. Restricting features

E. Disabling accounts

F. Abusive reports

IV) RESTRICTED MODE

APPENDIX B – Data Protection Annex

PREAMBLE

1. Context

2. Definitions

3. Characteristics of the Processing

3.1. Purposes of the Processing and Description of the Processing Services

3.1.a. Purposes of the Processing

3.1.b. Description of the Processing Services – Your Instructions

3.2. Duration of the Processing

3.3. Categories of Data Subjects

3.4. Categories of Third-Party Personal Data

4. Security and Confidentiality of Third-Party Personal Data

5. Sub-Processors

5.1. General Information

5.2. List of Current Sub-Processors

6. Data Subjects Rights

7. Your Representations and Warranties

8. Audits and Public Authorities Requests

8.1 Audit Requests

8.2 Public Authorities Requests

9. Transfers of Third-Party Personal Data

9.1. Description of Transfers of Third-Party Personal Data

9.2. Legal Tools Applicable to the Transfer of Third-Party Personal Data

9.2.1. Transfer of Third-Party Personal Data from You to Dailymotion

9.2.2. Transfer of Third-Party Personal Data from Dailymotion to Sub-Processors

9.2.3. Transfer Assessment

10. DPO – Identity and Contact Details