{"service":{"name":"Dailymotion","url":"https://legal.dailymotion.com/en/terms-of-use","lang":"ENG","sector":"Video","hq":"France","hq_category":"EU","is_public":"Indirectly public","is_paid":"Free","date":""},"document":{"title":"","text":"Terms Of Use\nYour use of the Dailymotion Service implies your acceptance of these Terms of Use including the Data\nProtection Annex below (and the Standard Contractual Clauses incorporated therein). We ask that\nYou read them carefully.\nIf You have any questions, please do not hesitate to contact us.\nSECTION 1: DESCRIPTION OF THE DAILYMOTION SERVICE\n1.1. Dailymotion (“Dailymotion”, “we”, “us” or “our”) is an original, free video hosting website that\nenables users to access, view, upload, store and share videos. The Dailymotion Service is made up of the\nDailymotion website, the Dailymotion video player that is embeddable onto any website (the “Video\nPlayer”), the Dailymotion apps and web-apps as accessible (online or offline) via any current or future\ndevice capable of distributing the Dailymotion website and/or the Video Player and more generally, any\nDailymotion products, content, channels, software, data feeds, services and functionality (“Dailymotion\nService”).\n1.2. By accessing and/or using the Dailymotion Service, without being logged into a Dailymotion Account,\nYou (“You” or “Your” as applicable) will be hereinafter a “Viewer.” As a Viewer, You will only have\nthe ability to access, view or share videos available on the Dailymotion Service, but will not be able to\nbenefit from all the other features available on the Dailymotion Service. A “Dailymotion Account”\nmeans the video content storage space on the Dailymotion Service which is dedicated to a User (as defined\nbelow) on the Dailymotion Service that can be created by signing up for a Dailymotion Account\nvia www.dailymotion.com.\n1.3. If You want to be able to upload videos and access some other features of the Dailymotion Service, You\nwill need to first create a Dailymotion Account and have Your email address validated (see Section 1.4.) at\nwhich point You will be a “User.” Note however that after having created Your Dailymotion Account and\nuntil You have validated Your email address according to the process defined below, You will be an\n“Account Applicant” and will not be able to upload videos or access the other features of the Dailymotion\nService.\n1.4. Information provided by You to create Your Dailymotion Account must be accurate and complete. In\norder for Dailymotion to verify that the email address You provided is valid, You will receive an email from\nDailymotion asking You to validate Your email address.\n1.5. By creating a Dailymotion Account, You agree that You alone will be responsible (to Dailymotion and to\nothers) for all activity that occurs under Your Dailymotion Account. The user ID and password which are\nnecessary to access Your Dailymotion Account and the features associated with it are Your sole responsibility\nand it is Your obligation to keep them confidential. You agree to immediately notify Dailymotion of any\nunauthorized use of Your User ID, password or any other breach of Your Dailymotion Account security.\n\n1.6. As a User, You will also have the ability to access some additional features from the Dailymotion\nService, and if and when You have accepted the terms of the Dailymotion Partner Program, You will then be\na “Partner” and will have the opportunity to monetize Your Content uploaded on Your Dailymotion\nAccount.\n1.7. If You are a User or a Partner, You may notably upload video files (that must be compliant with the\nTerms) on the Dailymotion Service. Any and all elements posted through Your Dailymotion Account on the\nDailymotion Service are deemed to be “Your Content”.\n1.8. As a User or a Partner, You are expected to be an active part of the Dailymotion community. As such,\nYou also acknowledge that if Your Dailymotion Account remains inactive for a significant period of time,\nDailymotion reserves the right to delete, reclaim or remove Your Dailymotion Account in its sole discretion\nwith or without prior notice to You.\n1.9. Any and all individuals or entities accessing the Dailymotion Service may be referred hereafter as a\n“Visitor,” regardless of their status (i.e. be they a Viewer, Account Applicant, User or Partner).\nSECTION 2: ACCEPTANCE OF THESE TERMS\n2.1. Whether You are a Viewer, an Account Applicant, a User or a Partner, either an individual or an entity,\nYou signify Your express and unconditional agreement to (1) these terms of use, and (2) all other policies of\nDailymotion, including but not limited to the Dailymotion privacy and cookie policies, as accessible at any\ntime from the homepage of the Dailymotion website, and incorporated herein by reference (all collectively,\nthe “Terms”). You may not use the Dailymotion Service if You do not accept or cannot comply with any\nof the Terms. By using the Dailymotion Service, You acknowledge that You have read and understood the\nTerms and agree that Dailymotion will treat Your use of the Dailymotion Service as acceptance of the Terms.\n2.2.1. If You reside in a country that is a part of the European Economic Area, the United Kingdom or\nSwitzerland, the Terms form a legally binding agreement between You and Dailymotion SA in relation to\nYour use of the Dailymotion Service. Any reference to “Dailymotion” in the Terms will then always refer to\n“Dailymotion SA,” whose details are provided here.\n2.2.2. If You reside in a country that is not a part of the European Economic Area, the United Kingdom or is\nnot Switzerland, the Terms form a legally binding agreement between You and Dailymotion Inc. in relation\nto Your use of the Dailymotion Service. Any reference to “Dailymotion” in the Terms will then always refer\nto “Dailymotion Inc.,” whose details are provided here.\n2.3. Dailymotion may, in its sole discretion, modify the Terms from time to time, and You agree to be bound\nby such modifications. Although we may notify You when major changes are made to the Terms, You should\nperiodically review the most up-to-date version which is always accessible from the homepage of the\nDailymotion website. If You do not agree to the modified Terms or cannot comply with the modified Terms,\nYour only recourse is to stop using the Dailymotion Service. Your continued use of the Dailymotion Service\nafter the effective date of the modified Terms will constitute Your acceptance of the modified Terms.\n2.4. You shall not use the Dailymotion Service if (a) You are not of legal age to form a binding contract with\nDailymotion, or (b) You are a person who is either barred or otherwise legally prohibited from receiving or\nusing the Dailymotion Service under the laws of the country in which You are a resident or from which You\naccess or use the Dailymotion Service.\n\n2.5. If You are not an individual (i.e., a corporation or other legal entity), You represent to Dailymotion that\nYou have all necessary corporate or equivalent authority and power to agree to the Terms which You agree\nshall be binding on the corporation, partnership, association or other entity in whose name You are using or\naccessing the Dailymotion Service.\nSECTION 3: YOUR INTELLECTUAL PROPERTY RIGHTS\n3.1. For the entire period during which Your Content is hosted on the Dailymotion Service, You grant to\nDailymotion the non-exclusive worldwide rights (unless You geoblock certain territories through Your\nDailymotion Account), transferable to Dailymotion’s Affiliates, to reproduce, represent, stream, replay\n(including offline display without permanent download), exploit, exhibit, show, market, distribute and to\ntechnically modify and compress Your Content as is strictly necessary for the purposes of the viewing and/or\nstreaming of Your Content on the Dailymotion Service.\n“Affiliate” means the other companies within the Vivendi group and the fully-owned subsidiaries of\nDailymotion SA (now or in the future).\n3.2. By making Your Content accessible on the Dailymotion Service, You agree to allow any Visitors of the\nDailymotion Service to view and to share Your Content through the Dailymotion Video Player on or through\nany declination of the Dailymotion Service, as accessible (online or offline) via any current or future device\ncapable of distributing the Dailymotion Service by any means of access, including but not restricted to\ncomputers, smartphones, tablets, TV devices, IPTV platforms and/or game consoles free-of-charge.\nFurthermore, You acknowledge that Your Content and/or any videos uploaded onto the Dailymotion Service\nby third-parties (the “Third-Party Video(s)”) available for embedding through the Dailymotion Video\nPlayer when on the Dailymotion website (www.dailymotion.com) and/or when embedded elsewhere may\ninclude advertising.\n3.3. Despite this allowance, Your Content shall always remain Your property. Please note that due to the\nnature of the Internet and digital media, data transmitted – including Your Content – cannot be protected\nagainst risks of misappropriation and/or piracy, for which Dailymotion shall not be liable. You are\nresponsible for taking all appropriate steps to protect Your data, where applicable.\nSECTION 4: LICENSE & OUR INTELLECTUAL PROPERTY RIGHTS\n4.1. We grant You a personal, non-exclusive, non-transferable and revocable right to access and use the\nDailymotion Service, which is conditioned on Your compliance with the Terms.\n4.2. The material (other than Your Content and the Third-Party Video(s)) included on or accessible through\nthe Dailymotion Service, such as text, graphics, logos, names, designations, button icons, features,\nfunctionalities, images, audio clips, information, data collected from the Dailymotion Service, photographs,\ngraphs, videos, typefaces, graphics, music, sounds, and other material and software (the “Dailymotion\n\nMaterial”), is the exclusive property of Dailymotion and its licensors, and is protected by copyrights,\ntrademarks, trade secrets, or other proprietary rights and subject to applicable laws and regulations.\n4.3. Dailymotion Material may not be downloaded, copied, reproduced, distributed, transmitted, broadcast,\ndisplayed, sold, licensed or otherwise exploited for any other purpose whatsoever without the prior written\nconsent of Dailymotion or Dailymotion’s licensors. You agree to not use or exploit the Dailymotion Material\nin any manner inconsistent with any of the rights granted or restrictions set forth herein, including, without\nlimitation, prohibitions on downloading, redistribution, alteration, deletion and deactivation of any content\nprotection mechanisms. You are not allowed to modify, enhance, edit, translate, adapt, reverse engineer,\ndecompile, disassemble or create derivative works based upon or otherwise alter in part or in full any\nDailymotion Material.\n4.4. All rights not expressly granted in the Terms are reserved to Dailymotion and its licensors.\nSECTION 5: OUR LIABILITY AS A HOSTING SERVICE PROVIDER\n5.1. In its capacity as a web hosting service provider, Dailymotion is under no legal obligation to monitor\ncontent uploaded on the Dailymotion Service, nor obligated to actively seek facts or circumstances indicating\nillegal content but shall forthwith remove or disable access from its Dailymotion Service to any infringing\ncontent once having been notified of its existence. Furthermore, Dailymotion does not, and has no legal\nobligation to, review or inspect content for possible illegality or infringement prior to its being viewable on\nthe Dailymotion website.\n5.2. You acknowledge and agree that the owners of the Third-Party Video(s) and Dailymotion in accordance\nwith Section 5.1., may from time to time remove Dailymotion users’ content (including Your Content) from\nthe Dailymotion Service without notice. You shall nonetheless remain fully liable for Your Content.\n5.3. You agree that Your use of the Dailymotion Service shall be at Your sole risk and liability. In this regard,\nYou are solely responsible for (i) Your use of the Dailymotion Service and more specifically for Your\nContent (including any personal data that may be incorporated therein) and (ii) the protection of Your\ncomputer hardware against any virus or interruption.\n5.4. You acknowledge and agree that the Dailymotion Service, in whole or in part (including, without\nlimitation, the look and feel, the thematic channels, and the functionality of the Dailymotion Service), on and\nthrough which Your Content will be distributed, as well as any Third-Party Video(s) are provided “AS IS”\nand “as available” without warranties of any kind from Dailymotion or any owners of the Third-Party\nVideo(s). Neither Dailymotion nor any owners of the Third-Party Video(s) warrant that the Third-Party\nVideo(s) and the Dailymotion Service, the Dailymotion Material or any other software, content, information,\nmaterials or products included on or otherwise made available to You through the Dailymotion Service are\nfree of viruses or other harmful components. Dailymotion may enhance, modify and update the Dailymotion\nService at its sole discretion. For the sake of clarity, You shall not be entitled to request any modification to\nthe Dailymotion Service.\n5.5. Dailymotion, its affiliated companies, officers, directors, employees, agents, vendors and suppliers as\nwell as the owners of the Third-Party Video(s) (the “DM Parties”) disclaim all warranties of any kind, either\nexpressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a\nparticular purpose and non-infringement to the fullest extent permissible under applicable law. The DM\nParties also disclaim all warranties, take no responsibility and assume no liability for the content present on\nthe Dailymotion Service, including but not limited to any mistakes, defamation, libel, slander, omissions,\nfalsehoods, obscenity, pornography or profanity You may encounter on the Dailymotion Service. The DM\n\nParties make no warranty or representation that the Dailymotion Service or its functionalities or technology,\nin whole or in part, will be uninterrupted, error-free or secure, including with respect to the delivery of Your\nContent and/or any limitations on Your or any other Visitor ability to access, view or use Your Content or any\nother content, or that any information obtained from the Dailymotion Service will be accurate or reliable.\n5.6. Dailymotion shall not be held responsible in any case for (i) any malfunctions, inherent of the nature of\nthe Internet, in the access and/or the use of the Dailymotion Service, (ii) or any default of its obligations\ncaused by force majeure or an unintentional cause. Unless otherwise stated herein, Dailymotion does not\ngrant You any guarantee of any kind, whether expressly or implicitly, in any area, including and in particular\nany guarantee of fitness for a particular purpose. Furthermore, Dailymotion is not responsible for any data\nrelated to Third-Party Video(s) provided by their relevant owners, such as the video title, description,\ncategory, etc.\n5.7. Nothing herein shall exclude or limit Dailymotion’s liability for losses which may not be lawfully\nexcluded or limited by applicable law. Subject to this overall provision above, Dailymotion shall not be liable\nfor:\n(a) any indirect or consequential losses which may be incurred by You, including (i) any loss of profit\n(whether incurred directly or indirectly); (ii) any loss of goodwill or business reputation; (iii) any loss\nof opportunity; or (iv) any loss of data suffered; or\n(b) any loss or damage which may be incurred as a result of: (i) any reliance placed by You on the\ncompleteness, accuracy or existence of any advertising, or as a result of any relationship or transaction\nbetween You and any advertiser or sponsor whose advertising appears on the Dailymotion Service; (ii)\nany changes which Dailymotion may make to the Dailymotion Service, or for any permanent or\ntemporary cessation in the provision of the Dailymotion Service (or any of its features); (iii) the\ndeletion of, corruption of, or failure to store, any content and other communications data maintained or\ntransmitted by or through Your use of the Dailymotion Service; (iv) Your failure to provide\nDailymotion with accurate account information; or (v) Your failure to keep Your password or Your\naccounts details secure and confidential.\n5.8. The limitations on Dailymotion’s liability defined in this Section shall apply whether or not Dailymotion\nhas been advised of or should have been aware of the possibility of any such losses arising.\nSome jurisdictions limit or do not allow the disclaimer of warranties or damages, so the above disclaimer\nmay not apply to the extent such jurisdiction’s law applies to the Terms.\nSECTION 6: RESTRICTIONS RELATED TO YOUR USE OF THE DAILYMOTION\nSERVICE AND ITS RELATED TECHNOLOGIES\n6.1. Considering the user-driven nature of the Dailymotion Service, You are responsible for Your use of the\nDailymotion Service, Your Dailymotion Account and/or the Content You upload to Dailymotion. In this\nregard, You warrant as an essential condition that Your use of the Dailymotion Service, Your Dailymotion\nAccount and/or Your Content, and any images, data and/or text which You may disseminate through the\nDailymotion Service:\n(i) do not violate any applicable laws or regulations and/or display, incite, promote illegal activities.\n(ii) do not contain child pornography, sexual abuse or any type of sexually explicit content.\n(iii) do not infringe intellectual property rights of any third-party (including but not limited to sound,\nmusic, excerpts from any animated or non-animated television shows, short, medium-length and/or\n\nfeature-length films, brand, logo, advertisement or any other material that You have not created\nYourself or for which You do not have the necessary clearances and permissions from third-party rights\nowners or copyright royalty collection organizations).\n(iv) do not violate:\nHuman rights (including incitement to hatred on the basis of the origin, religion, sexual\norientation, gender, gender identity or disability of an individual or group of individuals, denying\nthe commission of any crimes against humanity or acts that violate human dignity).\nIndividual rights (in particular by spreading defamatory, slanderous or offensive material in the\nform of threats, intimidation, bullying, harassment).\nPublicity and privacy rights (in particular impersonation of an individual or a legal person).\nPersonal information rights.\n(v) do not support or promote:\nany organizations or individuals that proclaim a violent mission or are engaged in violence. This\nincludes organizations or individuals involved in terrorism, organized hatred against other\ngroups of individuals, human trafficking and organized criminality.\nthe commission of violent extremist or terrorist acts.\nviolence and all other dangerous activities.\n(vi) do not contain verifiably false or misleading information which:\nis created, presented and disseminated for economic gain or to intentionally deceive the public;\nand/or\nmay cause public harm, or is intended as threatening to democratic political and policymaking\nprocesses as well as to the public good such as to public health, to the environment or to the\nsecurity of persons.\n(vii) are not spam or any other deceptive practices designed to abuse or mislead a Visitor (this includes\nexcessively lengthy content, or content that forces unwanted and/or unsolicited actions, whether\nautomated or manual, which falsely increase the number of views, impression or clicks associated with\nYour Content).\n6.2. By uploading or disseminating images, data, and/or text to or through Dailymotion Service, You\nexpressly warrant that You are not uploading any material violating the restrictions defined in Section 6.1.\nand that You have all necessary rights and/or authorizations and/or consents from the copyright owner(s)\nand/or any other relevant rightsholders and have paid any royalties or other fees pursuant to any licenses or\npermissions needed to upload and distribute Your Content on the Dailymotion Service.\n6.3. Failure to comply with the Terms may result in (i) Your Content being removed and/or (ii) Your\nDailymotion Account being deactivated and/or (iii) Your use of the embeddable Dailymotion Video Player\nbeing blocked and/or (iv) any elements or data related to Your Content or to Your Dailymotion Account\nbeing modified or removed (i.e. allegedly infringing username, metadata considered inappropriate, etc.) from\nthe Dailymotion Service. In addition, Dailymotion reserves the right to report any violation of these\nprovisions to applicable legal authorities and You may be personally liable to criminal sanctions applicable to\nthe content in question, in addition to any applicable civil damages depending on the contentious nature of\nthe content.\n6.4. Because the Dailymotion Service is not designed as a video back-up service, You are responsible for\ntaking all necessary precautions to safeguard Your video files.\n6.5. Moreover, You shall not (i) falsely increase the number of views, impressions or clicks associated with\nYour Content or Third-Party Video(s) either directly or indirectly, or automatically (such as using robots,\nbotnets or scrapers) or manually, (ii) authorize or encourage any third-party including offering any financial\nincentive to do the same, (iii) misuse any reporting, flagging, complaint, dispute, or appeals process,\nincluding by making false, groundless, vexatious, or frivolous submissions.\n6.6. You also warrant that any website or applications on which You export Your Content and/or Third-Party\nVideo(s) through the embeddable Dailymotion Video Player does not include any element that: (i) breaches\nany intellectual property rights of any third-parties or (ii) constitutes an injury to any person (including\ndefamation, slander, abuse, etc.) or to any third-party’s privacy rights or (iii) encourages violence or hatred\nagainst any individual or group, or cruelty to animals (iv) or contains sexually explicit or highly suggestive\ncontent or (v) encourages drug use or any illegal activity (vi) constitutes a threat to public order or standards\n\nof decency and good morals (vii) include any element above-mentioned in Section 6.1., or (viii) violates any\napplicable laws. Moreover, You warrant that Your use of the embeddable Dailymotion Video Player shall not\nbe made for: (i) any activity which may imply any kind of product, trademark or artist endorsement without\nauthorization from the applicable rights owner or (ii) resale of any kind of the Dailymotion Service or (iii)\nany unauthorized third-party contests or (iv) synchronization of the underlying musical composition that\nmight be embodied in the content displayed through the embeddable Dailymotion Video Player or any other\nuse with any visual media output. You also shall not modify, build upon or block any portion or functionality\nof the Dailymotion Video Player including but not limited to links back to the Dailymotion website. By\nembedding Your Content and/or other user’s content through the embeddable Dailymotion Video Player on\nany website or applications, You warrant that You have all the necessary rights and/or authorizations from the\nowner(s) of such website or applications and have paid any royalties or other fees pursuant to any licenses or\npermissions needed to such distribution.\n6.7. You agree not to alter or modify any part of the Third-Party Video(s) and/or of the Dailymotion Service\n(including but not limited to the Dailymotion Video Player and its related technologies). You agree not to (or\nattempt to) circumvent, disable, reverse engineer or otherwise interfere with any security related features of\nthe Third-Party Video(s), Dailymotion Service or features that (i) prevent or restrict use or copying of content\nor (ii) enforce limitations on use of the Dailymotion Service or the content accessible via the Dailymotion\nService. You agree not to collect or harvest any personal data of any Visitor of the Dailymotion Service and\nto not use the Dailymotion Service for the solicitation of business in the course of trade or in connection with\na commercial enterprise.\n6.8. You agree not to use the Dailymotion Service and any of its related technologies (including without\nrestriction the Dailymotion Video Player, the website, the app and the webapp) for any commercial use\nunless You obtain Dailymotion’s prior written approval, in particular any of the following uses: (i) the sale of\naccess to the Dailymotion Service, (ii) the sale of advertising, sponsorships or promotions placed on or\nwithin the Dailymotion Service or content or Dailymotion Video Player.\n6.9. You understand and acknowledge that the use of the Dailymotion Service within an unauthorized\nframework such as the broadcast or the public display of any Dailymotion users’ content in public places or\nshops is prohibited without the express written consent of Dailymotion. You agree not to access content\nhosted on the Dailymotion Service for any reason other than Your personal, non-commercial use solely as\nintended through and permitted by the normal functionality of the Dailymotion Service, and solely for\nStreaming purposes. “Streaming” means a digital transmission of an audiovisual work from the Dailymotion\nService to a Visitor operated Internet enabled device in such a manner that the data is intended for real-time\nviewing and not intended to be permanently downloaded, copied, stored, or redistributed by the Visitor.\nAccessing a Third-Party Video(s) for any purpose or in any manner other than Streaming and personal use is\nexpressly prohibited. If You wish to use another user’s content for any other purpose, in particular for\ncommercial use, You are solely responsible for obtaining the necessary advance authorization. In all\ncircumstances, You understand and acknowledge that Your use of Third-Party Video(s) will be limited by\ncopyright law. You agree that You will not attempt to modify any Third-Party Video(s) for any reason\nwhatsoever, including for the purpose of disguising or changing any indications of the ownership or source of\nthe content. You agree to and shall indemnify and hold DM Parties harmless from and against any liability,\nloss, damages (including punitive damages), claim, settlement payment, cost and expense, interest, award,\njudgment, diminution in value, fine, fee (including reasonable attorneys’ fees), and penalty, or other charge\n(including reasonable attorneys’ fees and all other cost of investigating, defending or asserting any claim for\nindemnification under the Terms) arising from or relating to (i) Your Content, (ii) Your violation of the\nTerms; (iii) Your use of the Dailymotion Service; and (iv) Your violation of any third-party rights, including\nwithout limitation any copyright, property, publicity or privacy rights.\n6.10  You agree not to access, view, upload, store, share or export any Third-Party Video(s) deemed illegal\nand/or contravening the conditions set out in Section 6.1. and especially not to make any use of content that\nwould infringe the copyrights therein.\n6.11. You acknowledge and agree that the owners of the Third-Party Video(s) and/or any of our Partners are\nthird-party beneficiaries of the Terms and as such they may have the right to enforce the Terms against You\nas a third-party beneficiary of the Terms.\n\nSECTION 7: REPORTING PROHIBITED CONTENT\n7.1. Dailymotion has implemented an easily accessible mechanism next to each video uploaded on the\nDailymotion Service allowing anyone to report the availability of infringing or illegal material and/or activity\non the Dailymotion Service set out in Section 6.1.\n7.2. Such processes to report prohibited content are described in detail at the following\nURL: http://www.dailymotion.com/legal/prohibited and within our Help Center at the following\nURL: https://faq.dailymotion.com/hc/en-us/sections/200384117-Community-guidelines.\nSECTION 8: DATA, ADVERTISEMENTS AND PRIVACY\n8.1. The records of Dailymotion are stored on our systems in accordance with standard safety practices and\napplicable laws. The Dailymotion records shall be considered proof of emails exchanged, registration forms\nsent, videos uploaded, and other activity within the Dailymotion Service, being agreed that, in the event of a\ndiscrepancy between our records and any paper or electronic documents in Your possession, our records shall\nbe authoritative and controlling.\n8.2. The Dailymotion Service may contain links to websites operated by other entities (a “Linked Site“). If\nYou decide to visit any Linked Site, You do so at Your own risk and it is Your responsibility to take all\nprotective measures to guard against viruses or other destructive elements. Dailymotion has no responsibility\nto You with respect to any Linked Site, and no Linked Site, regardless of the linking form (ex., hotlinks,\nhypertext links, IMG links) is maintained, controlled, endorsed, monitored or otherwise governed by\nDailymotion.\n8.3. In accordance with Internet practice and custom, You acknowledge and agree that advertisements may\nbe incorporated into the Dailymotion Service and then associated to Your Dailymotion Account and/or Your\nContent.\n8.4. During Your use of our Service, the data that You provide us or that we collect or otherwise receive\nabout You are stored by Dailymotion on servers belonging to Dailymotion SA and located in France. Copies\nof some of this data, including copies of Your Content, are also, for technical reasons related to the proper\nfunctioning and security of our systems, stored on servers belonging to Dailymotion SA located in the United\nStates and in Singapore.\nDailymotion also uses cloud storage providers to store certain information concerning Your activity on our\nService (excluding Your Content which we only store on servers that belong to us).\nDailymotion has implemented, or has insured that its service providers have implemented, industry-standard\nsystems and procedures to ensure the security and confidentiality of data, to protect against anticipated\nthreats or hazards to the security or integrity of Your personal data and Your Content and to protect against\n\nunauthorized access to or use thereof. The technical constraints related to the international presence of the\nDailymotion Service do not allow us to store data in a single country. If You do not want Your data or data\nconcerning You to be stored outside of Your country of residence, then do not use the Dailymotion\nService. By using the Dailymotion Service, You consent to this transfer, Processing and storage of data,\nincluding personal data. For clarity, when the provision or use of the Dailymotion Service involves transfer\nof personal data outside of data subject country of residence, each Party will (where applicable) comply with\nthe legal obligations relating to such transfers, storage and Processing. In particular, when third-parties’\npersonal data is incorporated in Your Content, You shall ensure that You have all necessary and legally\nrequired consents (including, when applicable, data subjects’ consent) prior to use of the Dailymotion\nService.\n8.5. As a User, You have the ability to upload Content (which includes the title and description of the video)\nincorporating personal data. We remind You that You remain responsible for the Processing of the personal\ndata incorporated therein and that Dailymotion acts only as a Data Processor of this data, as these terms are\ndefined by applicable laws on the protection of personal data. In this respect, as data controller, You commit\nto respecting the Applicable Data Protection Laws, and especially to lawfully collect and process this data\nand to answer data subjects requests. In particular, You warrant that You have obtained and will maintain all\nrequired consents from third-parties whose personal data is incorporated in Your Content as necessary to\nallow us to provide the Dailymotion Service. You may refer to the provisions set out in Appendix A of the\nTerms in order to learn more about Your status as a data controller under the General Data Protection\nRegulation (GDPR) for the personal data of data subjects residing in the European Economic Area that may\nbe incorporated into the Content that You upload on our Service.\n8.6. Dailymotion takes Your privacy and the protection of Your personal data collected and processed in\nconnection with Your use of the Dailymotion Service very seriously. If You want to find out more about the\npersonal data collected, how we collect it and the related processes, You can check our Privacy Policy any\ntime available from the Dailymotion homepage.\nSECTION 9: MISCELLANEOUS\n9.1. You acknowledge and agree that the Terms will continue to be enforceable for as long as You use the\nDailymotion Service or any of its features, whether or not You are a Viewer, an Account Applicant, a User or\na Partner. For the sake of clarity, watching videos from the Dailymotion Service, exporting the Dailymotion\nVideo Player, and/or maintaining a Dailymotion Account are all deemed uses of the Dailymotion Service.\n9.2. Any obligations which expressly or by their nature continue after termination, cancellation, or expiration\nof the Terms shall survive and remain in effect after such happening.\n9.3. You agree that if one or more provision of the Terms is considered to be not enforceable as a result of the\napplication of a Law, regulation, or the decision of a competent body having jurisdiction, it will be treated as\nnot forming part of the Terms and all other provisions stated herein will remain in force.\n9.4. You also acknowledge that if Dailymotion does not take immediate action in the case You fail to comply\nwith the Terms, this shall not mean that Dailymotion is giving up on any rights that we may have, including\nbut not limited to the right to take action in the future.\n9.5. If You reside in a country that is a part of the European Economic Area, the United Kingdom or in\nSwitzerland, You agree that any dispute between You and Dailymotion arising out of or relating in any way\nto the Terms or Your use of the Dailymotion Service shall be interpreted in accordance with the laws of\nFrance, without reference to its conflicts of laws, and notwithstanding multiple defendants or third-party\n\nclaims. You also agree that any claim or dispute between You and Dailymotion shall be decided by a court of\ncompetent jurisdiction located in Paris.\nIf You reside in a country that is not part of the European Economic Area, the United Kingdom or is not\nSwitzerland, You agree that any dispute between You and Dailymotion arising out of or relating in any way\nto the Terms or Your use of the Dailymotion Service shall be interpreted in accordance with the New York\nlaws, without reference to its conflicts of laws, and notwithstanding multiple defendants or third-party\nclaims. You also agree that any claim or dispute between You and Dailymotion shall be decided by a court of\ncompetent jurisdiction located in the New York county.\n9.6. Subject to any Dailymotion Partner Program Agreement as mentioned in Section 1.6., the Terms\nconstitute the entire agreement between Dailymotion and You with respect to the Dailymotion Service and\nshall supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or\nwritten, between You and Dailymotion with respect to the Dailymotion Service.\n9.7. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial\nor administrative proceedings based upon or relating to the Terms to the same extent and subject to the same\nconditions as other business documents and record originally generated and maintained in printed form.\n9.8. You agree that Dailymotion may provide You with notices, including those regarding changes to the\nTerms, by email, regular mail, or postings on the Dailymotion Service.\n9.9. If one or more provision of the Terms is considered to be invalid as such or as a result of the application\nof a law, regulation, or the decision of a competent body having jurisdiction, it will be treated as not forming\npart of the Terms and all other conditions of the Terms will remain in force.\n9.10. No waiver by either Party of any breach or default hereunder shall be deemed to be a waiver of any\npreceding or subsequent breach or default.\n9.11. You affirm that You are either more than 18 years of age, or an emancipated minor, or possess legal\nparental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations,\naffirmations, representations, and warranties set forth in the Terms, and to abide by and comply with the\nTerms. In any case, You affirm that You are over the age of 13, as the Dailymotion Service is not intended for\nchildren under 13. If You are under 13 years of age, then please do not use the Dailymotion Service\nLast Updated: January 19, 2022\nAPPENDIX A – Data Protection Annex\nPREAMBLE\n\nWhen You use the Dailymotion Service to upload videos the Content that You upload may include personal\ndata of third-parties whose Processing is governed by the Applicable Data Protection Laws, as defined\nbelow (hereafter “Third-Party Personal Data”). In such case, You are the Data Controller (within the\nmeaning of the Applicable Data Protection Law) for the Processing of this Third-Party Personal Data and\nDailymotion is Your Data Processor. The present Appendix (“DPA“) is applicable to this Processing of such\nThird-Party Personal Data by Dailymotion acting as Your Data Processor.\nIn visiting and/or using the Dailymotion Service, You accept the DPA as binding on You, and acknowledge\nthat it applies to the Processing of Third-Party Personal Data by Dailymotion as Your Data Processor in\nrelation to the Content that You upload. If You do not agree with the terms of this DPA then we advise that\nYou do not upload Content onto the Dailymotion Service.\nNote that, in addition to the Processing of Your Third-Party Personal Data as Your Data Processor,\nDailymotion processes Your personal data during Your use of our Service, and that regardless of whether\nYou are a Viewer, Account Applicant, User or Partner, it is understood that while Processing Your personal\ndata (other than the Third-Party Personal Data described above) (i) Dailymotion is not Your Data Processor\nbut the Data Controller, and (ii) such Processing of Your other personal data is not governed by this DPA but\nis described in our Privacy Policy. You may find in the latter all the information You need about the role of\nDailymotion when Processing such or Your other personal data.\nIn the event that the Third-Party Personal Data incorporated in Your Content is that of Brazilian residents,\nthis DPA applies, mutatis mutandis, to the Processing of said Third-Party Personal Data by Dailymotion.\nTherefore, in such situation where the Third-Party Personal Data contains data of Brazilian residents, then\nthe definition of ‘Applicable Data Protection Laws’ includes the Brazilian General Law on Data Protection\n(LGPD).\nYou and Dailymotion may be individually referred to herein as “Party” or collectively as the “Parties“.\n1. Context\nYou are the Data Controller of the Third-Party Personal Data that may be incorporated into Your Content. In\nthis capacity, You retain full control over such Third-Party Personal Data. By uploading Your Content on our\nService, You (acting as Data Controller) instruct Dailymotion (acting in its capacity as Data Processor) to\nprocess the Third-Party Personal Data by hosting the Content and providing to You with content management\ntools.\nDailymotion commits itself to keeping a record of all the Processing activities carried out on Your behalf, in\ncompliance with its legal obligations. Furthermore, each of the Parties undertakes to comply with all legal\nobligations imposed on it pursuant to the Applicable Data Protection Law.\n2. Definitions\n\nIn this DPA, capitalized terms and phrases have the meanings indicated below, which are applicable to both\nthe singular and the plural thereof. Any other term not defined in this DPA shall have the same meaning as that\nattributed to it in the main body of the Terms above or else in the GDPR.\n“Applicable Data Protection Laws” means the legislation protecting the fundamental rights and freedoms\nof individuals, including the right to privacy with respect to the Processing of personal data. Applicable Data\nProtection Laws means the following laws: (i) Directive 95/46/EC of the European Parliament and of the\nCouncil of 24 October 1995 on the protection of individuals with regard to the Processing of personal data\nand on the free movement of such data, (ii) Regulation (EU) 2016/679 of the European Parliament and of the\nCouncil of 27 April 2016 on the protection of individuals with regard to the Processing of personal data and\non the free movement of data entering into force on May 25, 2018 (the “GDPR”), (iii) any local law\nimplementing the laws identified under (i) and (ii); (iv) Federal Data Protection Act of 19 June 1992\n(Switzerland), (v) the United Kingdom’s Data Protection Act of 2018 (the “UK GDPR”) and (vi) any other\napplicable laws or regulations relating to the protection of personal data which would supplement or modify\nthe above mentioned legislation.\n“Processing” means the Third-Party Personal Data processing entrusted to Dailymotion and described in\nSection 3 of this DPA.\n“Sub-Processor” has the definition attributed to it in the GDPR, and in this case means specifically any Sub-\nProcessor engaged by Dailymotion (or any of their Sub-Processors) who, receives from Dailymotion any\nThird-Party Personal Data exclusively intended for carrying out data Processing operations entrusted by You\nunder the present DPA. Additionally, any company that is member of the group of companies to which\nDailymotion belongs and which may be involved such Processing of Third-Party Personal Data shall also be\nconsidered as a Sub-Processor under this DPA.\n“Supervisory Authority” means the independent public authority responsible for monitoring the application\nof Applicable Data Protection Laws in each applicable country in order to protect the fundamental rights and\nfreedoms of natural persons with respect to data Processing and to facilitate the free flow of data within the\napplicable country. In France, the competent supervisory authority is the “Commission Nationale de\nl’Informatique et des Libertés” (CNIL).\n“Third Countries” means a country which is both: (i) outside the European Economic Area; and (ii) not the\nsubject of a formal adequacy decision of the European Commission which recognizes that the country\nensures an adequate level of protection of Third-Party Personal Data (taken in accordance with Article 25 (6)\nof Directive 95/46 / EC of the European Parliament and the Council of the European Union or Article 45 of\nthe GDPR.\n3. Characteristics of the Processing\nYou authorize Dailymotion to proceed with the Processing of the Third-Party Personal Data necessary to\nprovide the Processing Services (as defined below), under the conditions described below.\n\n3.1. Purposes of the Processing and Description of the Processing Services\n3.1.a. Purposes of the Processing\nDailymotion operates the Dailymotion Service. The Data Controller is a User of the Dailymotion Service\nwho uploads Content onto the Dailymotion Service which incorporates Third-Party Personal Data. In any\ncase, Dailymotion is not collecting this Third-Party Personal Data and has no prior knowledge of the\npresence of any Third-Party Personal Data within Your Content.\nAs such, You are the Data Controller of this Third-Party Personal Data, and You will ensure that You have a\nlegal basis to process the Third-Party Personal Data incorporated in Your Content (ex. consent, legitimate\ninterest, etc.). Dailymotion shall process the Third-Party Personal Data in compliance with the Applicable\nData Protection Laws and for the below-mentioned purposes, according to the instructions of the Data\nController stipulated in the present DPA. Additional instructions regarding the Processing of such Third-\nParty Personal Data can be provided by You either by using the available technical tools and features of the\nDailymotion Service or by addressing them directly to us through Dailymotion’s Help Center. Note that in\nthe event Your instructions are incompatible with the way the Dailymotion Service operates or are in\nviolation of the Terms or any other Dailymotion policies, Dailymotion will not be obliged to comply with\nsuch instructions, but You may stop the Processing by removing such Content at any time.\nBy uploading Your Content onto the Dailymotion Service, You will need to use the Dailymotion Service’s\ntechnical features for the following purposes:\nStoring Your Content on the Dailymotion Service;\nMaking Your Content available to the public according to the terms that You determine by using the\nfunctionalities available on our Service (ex. deciding to place the Content under public or private\nmode).\n3.1.b. Description of the Processing Services\nIn this respect, You instruct Dailymotion to operate the following services (“Processing Services”) on Your\nbehalf:\n\nHosting of Your Content on the Dailymotion Service (this includes both the video files and associated\nmetadata):\nOn Dailymotion SA servers located in France, the United States and Singapore;\nOn data hosting services (ex. cloud services) of third-party Data Sub-Processors (but only for the\nmetadata associated with Content);\nMaking available the Video Player for the distribution of Your Content to the public;\nMaking available technical tools allowing You to manage Your Content.\n3.2. Duration of the Processing\nThe Processing of Your Third-Party Personal Data will last until Your Content is removed for any reason\nwhatsoever from the Dailymotion Service (ex. closure of Your Account, deletion of Your Content by You, or\ndeletion of Your Content by Dailymotion following a notification that Your Content is in violation of the\npresent Terms). However, note that despite the removal, for technical reasons related to the Dailymotion\nService the video files and/or metadata associated with Your Content may not be completely deleted from our\nsystem until up to 30 days after the removal, and in the case of metadata specifically it will be retained for\nlonger than 30 days if such retention is required by law or necessary to establish, exercise or defend legal\nclaims.\n3.3. Categories of Data Subjects\nThe Data Subjects of this Processing are those whose Third-Party Personal Data is incorporated into Your\nContent.\n3.4. Categories of Third-Party Personal Data\nThe categories of Third-Party Personal Data processed depend on what Your Content (including associated\nmetadata) contains. This may include any data that identifies or allows the identification of the Data Subjects\nsuch as their image (still or animated), voice, name, or any other personal information about them.\n\n4. Security and Confidentiality of Third-Party Personal Data\nDailymotion has in place and shall maintain adequate physical and organizational measures necessary to\npreserve the security of the Third-Party Personal Data integrated within the Content (ex. aimed at preventing\ndestruction, loss, distortion, damage or unauthorized access to such Third-Party Personal Data). These\nmeasures are adapted to the level of the risk presented by the Processing. Nevertheless, we remind You that\nthe Dailymotion Service is not a storage service and that You should take all necessary precautionary\nmeasures for the backup and preservation of Your video files. Dailymotion does not assume any liability for\nthe loss of the said files in accordance with Section 5 and 6 of the Terms.\nNonetheless, Dailymotion undertakes to implement the following organizational measures and to make its\nstaff and its Sub-Processors respect them:\nensure that the persons authorized to process Third-Party Personal Data or otherwise involved in the\ndelivery of the Services are aware of, trained and organized to provide sufficient guarantees of security\nand confidentiality with respect to Third-Party Personal Data; and\nimplement access and authorization management rules such as the following:\ncentralized management of access rights,\ngradation of access and use rights,\nperiodic reviews.\ntake all reasonable steps to prevent the misappropriated or fraudulent use of processed Third-Party\nPersonal Data.\nIn addition, the main technical measures currently implemented by Dailymotion (some of which are\nspecifically applicable for the protection of Third-Party Personal Data) are as follows:\nnetwork segmentation and filtering between zones,\nmulti-factor authentication,\nevent log, collection and centralization of logs,\nanti-virus,\nmanagement of security patches,\nsecurity / flow encryption (SSL),\nInternal PKI,\nEncryption of data in transit and at rest,\nbug-bounty program,\napplication of anonymization and pseudonymization techniques (ex. tokenization, aggregation,\nhashing, etc.),\nperiodic re-certification of accounts (periodic review of access rights),\npeer-to-peer code review (development methodology),\nperiodic security audits (architecture, configuration, code, intrusion tests, etc.).\nIn the event of a Third-Party Personal Data Breach (as defined in the GDPR) of which Dailymotion is aware,\nDailymotion commits itself to notify You of this Third-Party Personal Data Breach as soon as possible either\nat the email address associated with Your User Account (or any other email address communicated to\nDailymotion by You for this purpose) or through any other appropriate means (ex. banner notification visible\nfrom Your User Account). Dailymotion commits to cooperating with You should You choose to notify the\nSupervisory Authority or an affected Data Subject of the Third-Party Personal Data Breach. Please note that\nthe competent Supervisory Authority under this DPA is the CNIL.\n\nFurthermore, Dailymotion undertakes to provide You with all reasonable assistance in order to help You in\nrespecting Your obligations regarding the security of the Third-Party Personal Data provided for by the\nApplicable Data Protection Law. You understand and agree that the reasonable costs of such assistance from\nDailymotion, if any, will be at Your expense.\n5. Sub-Processors\n5.1. General Information\nYou authorize Dailymotion to use the services of any Sub-Processor listed in Section 5.2. below.\nDailymotion is committed to communicate any information related to a new Sub-Processor by updating these\nTerms or by other reasonable means of communication (ex. making such list available elsewhere on the\nDailymotion website). Dailymotion guarantees that the contracts with its Sub-Processors contain\ncommitments at least as strict as those provided for in this DPA. If You object to a Sub-Processor, You can, at\nany time, terminate the Processing by deleting Your Content from our Service.\n5.2. The Sub-Processors\nNote that Dailymotion stores data, including Third-Party Personal Data that may be integrated within Your\nContent, on its servers located in Europe, the USA and Singapore.\nAs any other company, in order to provide You our Service, Dailymotion outsources some of its activities to\nthird-party service providers. As a result, we also store some of that data using the services of third-party\ncloud storage providers that may be located outside of the EEA (European Economic Area).\nThe following companies are currently engaged by us as Sub-Processors:\nSUB-PROCESSORS\nTHE SERVICES\nPROVIDED BY\nSUB-\nPROCESSORS\n\nSUB-PROCESSORS\nTHE SERVICES\nPROVIDED BY\nSUB-\nPROCESSORS\nOne or more of our Affiliates other than the Dailymotion entity You\ncontract with and that is Your Data Processor:\n\nDailymotion SA; 140 boulevard Malesherbes; 75017 Paris; France (data\nprotection contact details: DPO)\n\nDailymotion Inc, 50 W 23rd Street, New York, NY 10010; USA (data\nprotection contact details: Customer Service)\n\nDailymotion Asia Pacific Pte Ltd, 137 Amoy Street; Singapore 049965\n(data protection contact details: Customer Service)\n\nDailymotion Advertising SAS; 140 boulevard Malesherbes; 75017 Paris;\nFrance (data protection contact details: DPO)\nTo help Us provide\nYou with the\nDailymotion\nService\nGoogle Ireland Limited, Gordon House; Barrow Street; Dublin 4; Ireland)\n(data protection contact\ndetails: https://support.google.com/policies/contact/general_privacy_form)\n\nAmazon Web Services EMEA SARL “AWS”, 38 Avenue John F.\nKennedy, L-1855, Luxembourg (data protection contact details: Amazon\nWeb Services EMEA SARL “AWS”, 38 Avenue John F. Kennedy, L-1855,\nLuxembourg ATTN: AWS EMEA Legal)\n\nMongoDB Ltd. (Atlas), 3rd Floor, 3 Shelbourne; Buildings, Nallsbridge;\nDublin 4; Ireland; Atlas (data protection contact\ndetails: privacy@mongodb.com)\nIn order to host\ndata related to Your\nContent present on\nthe Service\n6. Data Subjects Rights\nAs a Data Controller, it is Your responsibility to respond to the requests of the Data Subjects relating to the\nexercise of their privacy rights under applicable law and to inform the Data Subjects about the details of the\nProcessing operations and that, at the latest at the time of collection of the Third-Party Personal Data or prior\nto any further Processing of the Third-Party Personal Data.\nIn this regard, Dailymotion shall:\nCommunicate to You, as soon as possible, any request for deletion, correction, communication, access\nto the Third-Party Personal Data or limitation of the Processing of the Third-Party Personal Data,\nexcept where this communication is prohibited by the applicable authorities; and\nAssist You, by all appropriate and reasonable measures, in fulfilling Your obligation to comply with the\nrequests of Data Subjects. Note that Dailymotion reserves the right to charge You for all reasonable\ncosts and expenses related to assisting You with such requests.\nFurther, in this regard, You agree:\n\nThat Dailymotion will communicate with You on the email address associated with Your User Account\nand/or another email address that has been designated by You to Dailymotion’s DPO;\nThat Dailymotion may share this email address and/or any other contact information provided within\nYour account (ex. the postal address) with the Data Subjects as the contact address of the Data\nController. Should You wish to designate any contact information different from what is in Your User\nAccount, You should do so by contacting Dailymotion’s DPO;\nThat You shall respond to requests from Data Subjects within the timeframes set forth in the\nApplicable Data Protection Law;\nThat You shall notify Dailymotion — by replying to the notification sent by Dailymotion as described\nin this Section – of Your response to each of the Data Subjects requests including, if applicable,\nwhether You invoked an extension of the time to respond. In the absence of such a notification from\nYou within the timelines prescribed by law, then You authorize Dailymotion to proceed with the\nremoval of Your Content from the Dailymotion Service. However, in the event that the Data Subjects\nclaims that Your Content contains sensitive and/or special Third-Party Personal Data (as defined under\nApplicable Laws) or the Third-Party Personal Data of a minor, You authorize Dailymotion to proceed\nto the immediate removal of access to the Content without waiting for Your response (though removal\nmay be reversed depending on Your response). Note that this process is separate and in addition to any\nother content removal process described under the Terms (ex. removal of Your Content because it\nviolates copyright law).\n7. Your Representations and Warranties\nYou represent and warrant to Dailymotion that:\nYou have obtained and will maintain for the duration of Your use of the Dailymotion Service all rights\nand authorizations necessary to allow us to provide You with the Dailymotion Services;\nAll instructions You transmit to Dailymotion regarding the Processing of Third-Party Personal Data, as\ndescribed under Section 3.1.a. are not in violation with the Applicable Data Protection Laws and, if\nYou act in capacity of a Data Processor for another Data Controller, are compatible with any\ninstructions You have received from such Data Controller. In particular, You shall ensure that You have\nbeen authorized to designate us as a Data Sub-Processor;\nthe Third-Party Personal Data has been collected in compliance with the Applicable Data Protection\nLaw;\nYou have obtained the consent of the Data Subjects or have established an alternative legal basis for\nthe collection of said Third-Party Personal Data and You undertake to produce evidence of such\nconsent or legal basis upon a request from Dailymotion, the Data Subjects and/or competent\nauthorities.\n8. Requests\n\n8.1 Audit Requests\nAs a Data Controller, You have a right to audit the Processing activities undertaken by Dailymotion as a Data\nProcessor within the limitations set forth in this Section.\nIf You reasonably believe that Dailymotion does not respect one of its specific obligations as Your Data\nProcessor, You may request an audit by submitting a description of this specific suspected failure and audit\nrequest to Dailymotion, using the contact details listed in Section 10 of this DPA. As part of the audit,\nDailymotion undertakes to provide You with the information in its possession and strictly necessary to\ndemonstrate the respect of Dailymotion’s obligations as Your Data Processor as defined under this DPA and\nthe Applicable Data Protection Laws subject to the respect of Third-Parties’ rights and the security\nrequirements of Dailymotion’s computer systems.\nFor sake of clarity, You shall not be entitled to receive any information outside of this limited scope in\nrelation to this audit right. You may request such audit not more often than once per thirty-six (36) month\nperiod and under the condition that You inform Dailymotion at the latest sixty (60) working days before its\nplanned starting date. Such audit must be performed by an external third-party auditor at Your expense at\nDailymotion’s headquarters and during normal business hours and must be limited to two business days\n(unless the circumstances do not reasonably allow it to be completed within such time). The auditor must be\nsubject to strict contractual obligations of confidentiality, and the results of such audit must also be treated as\nconfidential information and must be shared with Dailymotion. Dailymotion may object in writing to an\nauditor appointed by You to conduct any audit if the auditor is, in Dailymotion’s reasonable opinion, not\nsuitably qualified or independent, a competitor of Dailymotion, or otherwise manifestly unsuitable. Any such\nobjection by Dailymotion will require You to appoint another auditor.\nIf the audit reveals a non-respect of Dailymotion’s obligations, Dailymotion will take reasonable measures to\nremedy it. Furthermore, if You are not satisfied with the result of such audit, You may always exercise Your\nright to at any time, stop or suspend the use of the Dailymotion Service.\nFurthermore, You agree that if during the twenty-four (24) months preceding Your audit request, the subject\nof Your audit request has already been subject to another audit initiated by Dailymotion or by a third-party,\nthe sharing of such audit’s results with You will satisfy Dailymotion’s audit obligation to You as described in\nthe present Section.\n8.2 Public Authorities Requests\nIn its role as a Data Processor, Dailymotion shall maintain appropriate measures to protect Third Party\nPersonal Data in accordance with the requirements of applicable data protection Laws and regulations,\nincluding by implementing appropriate technical and organizational safeguards to protect Third Party\nPersonal Data against any interference that goes beyond what is necessary in a democratic society to\nsafeguard national security, defense and public security.\n\nIf Dailymotion receives a legally binding request to provide Third Party Personal Data to a Public Authority,\nDailymotion shall, unless otherwise legally prohibited, promptly notify You and provide You with a\nsummary of the nature of the request. Dailymotion may challenge the request if, after careful assessment, it\nconcludes that there are reasonable grounds to consider that the request is unlawful, and may pursue\npossibilities of appeal and/or seek interim measures with a view to suspending the effects of the request until\nthe competent judicial authority had decided on its merits. It shall not disclose the Third Party Personal Data\nrequested until required to do so under the applicable procedural rules. Dailymotion agrees it will provide the\nminimum amount of information permissible when responding to a request for disclosure, based on a\nreasonable interpretation of the request. For the avoidance of doubt, this DPA shall not require Dailymotion\nto pursue action or inaction that could result in civil or criminal penalty for Dailymotion such as contempt of\ncourt.\n9. Third-Party Personal Data Transfers outside the European Economic Area\nIf, during the provision of the Services, You are established in a Member State of the European Economic\nArea, Switzerland or the United Kingdom, the Third-Party Personal Data incorporated into Your Content are\ntransferred to a Third Country as necessary to provide the Processing Services.\nTherefore, according to the Applicable Data Protection Law, the module #2 – Controller to Processor of\nthe Standard Contractual Clauses are applicable to this transfer of Third-Party Personal Data by You, the\nData Controller (acting as the data exporter) to Dailymotion, Your Data Processor (acting as the data\nimporter). It is agreed by the Parties that:\nthe description of the Processing as required under Annex I of the Standard Contractual Clauses is\nprovided under Sections 3, 4 and 10 of the present DPA and,\nthe description of the technical and organizational security measures as required under Annex II of\nthe Standard Contractual Clauses are provided under Section 4 of the present DPA, and\nthe list of Sub-Processors as required under Annex III is provided under Section 5 of the present DPA.\nBy accepting these Terms, You accept to be bound by these Standard Contractual Clauses and their annexes.\nIn the event that Dailymotion either directly or indirectly transfers Third-Party Personal Data to a Third\nCountry through a third-party Sub-Processor (instead of Processing such Third-Party Personal Data itself\ndirectly), Dailymotion will ensure that such transfer is done only in the presence of legally adequate\nsafeguards. For example, by integrating the Standard Contractual Clauses within such Sub-Processor’s\ncontract and/or by obtaining a commitment from such Sub-Processor to enter into Standard Contractual\nClauses with its own Sub-Processors (if any).\nAs of the last update of the Terms, Dailymotion has conducted an assessment of the applicable laws and\nregulations or practices of the Third Countries of destination where the Processing of Third Party Personal\nData may occur. It has been established that the Third Party Personal Data that is transferred to these Third\nCountries is stored in our own proprietary datacenters and for a limited duration in time (all new videos are\nduplicated on the servers of these datacenters but then only copies of the videos that got popular in the\nterritories closer to the datacenter are kept for a longer time on these servers in Third Countries). Also,\nDailymotion is designed as a video-sharing platform, meaning that the videos which may contain Third Party\nPersonal Data are public by default, and therefore accessible to anyone.\nAlso, Dailymotion has no reason to believe that the laws and practices in any Third Country of destination\napplicable to the Processing of Third Party Personal Data, including any requirements to disclose Third Party\nPersonal Data or measures authorizing access by a Public Authority (e.g. a government agency, or law\n\nenforcement authority, including judicial authorities), prevent Dailymotion from fulfilling its obligations\nunder this DPA. However, if Dailymotion reasonably believes that any existing or future enacted or\nenforceable laws and practices in a Third Country of destination applicable to the Processing prevent it from\nfulfilling its obligations under this DPA and may represent a threat to Third Party Personal Data’s security\nand integrity, it shall promptly notify its Users, including You, and it will use reasonable efforts to make\navailable to the affected Users a change in the Services. If Dailymotion is unable to make available such\nchange, You may remove Your Content at any time from the Dailymotion Service.\nAs such, Dailymotion has determined that the risks of infringing such Third Party’s  privacy associated to\nsuch transfer to a Third Country is limited and consequently, that the existing measures in place shall be\nsufficient to ensure the efficiency of the protection of the rights of the data subjects whose  Third Party\nPersonal Data is related to.\n10. DPO – Identity and Contact Details\nDailymotion’s Contact Info: Contact email here.\nYour Identity Contact Info: the email address associated with Your User Account, or, if applicable,\nthe email address communicated in compliance with Section 6 of this DPA.\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":1,"explanation":"There is no max amount of the damages possible to be claimed"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":0,"explanation":"When a company reserves a right to delete only the content put in the service by the user that is illegal or violates Terms of Service "},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":1,"explanation":"ToS contains an IP license to the content put in the service by the user that it states it is needed solely to perform the service or ToS lacks any IP license requirements"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":-1,"explanation":"The company reserves the exclusive right to interpret any term of the contract only by itself"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]}