Dailymotion Developer API Terms and Conditions
These Dailymotion Developer API Terms and Conditions (the “T&Cs”) set out the terms and conditions of use of developer tools and services, such as APIs, SDKs, scripts, widgets, API Key(s), API roles, access tokens, and developer web pages and documentation (collectively, the "Dailymotion API Platform"), published and provided by Dailymotion SA (“Dailymotion”), and give you a non-exclusive, non-transferable, non-sublicensable license to use the Dailymotion API platform, as defined herein, in accordance with the T&Cs.
1. USE OF THE DAILYMOTION API PLATFORM.
1.1. Representations and Warranties.
If you are an individual, you warrant that: (i) you are at least 18 years old and legally capable of entering into binding contracts. you acknowledges that the Dailymotion API Platform is intended solely for persons who are 18 years of age or older and that any access to or use of the Dailymotion API Platform by anyone under 18 years of age is expressly prohibited; and (ii) you shall comply with the T&Cs and all applicable laws and regulations.
If you are not an individual, you represent to Dailymotion that you have all necessary corporate or equivalent authority and power to agree to the terms which you agree shall be binding on the corporation, partnership, association or other entity in whose name you are registering as a user and establishing an account. In that case, "you" and "your" will refer to that organization.
In using the Dailymotion API Platform, you represent and warrant that: (a) all information you have provided and will provide to Dailymotion is true, accurate, and complete; (b) you have not previously had a Dailymotion account which has been terminated by Dailymotion for breach; (c) you have the full right, power and authority to make, distribute, operate, support, and promote your Developer API Product(s), use the Dailymotion API Platform, and to enter into these T&Cs; and (d) your Developer API Product(s), its contemplated use, and your use of the Dailymotion API Platform will not violate the intellectual property rights or other rights of others, or violate any laws, rules or regulations.
You agree to comply with all applicable international and national laws, rules and/or regulations, all third-party rights, and all Dailymotion Policies. You shall not use the Dailymotion API Platform in a manner that violates such international and national laws, rules and/or regulations, third-party rights, and Dailymotion Policies, or in a manner that is fraudulent, unethical, deceptive, or misleading.
You agree that Dailymotion may monitor your use of the Dailymotion API Platform to verify your compliance with these T&Cs, to ensure quality, and/or to improve Dailymotion products and services. You agree that you shall not interfere with any such monitoring. You acknowledge that Dailymotion may use any technical means to overcome any such interference.
1.2. Developer API Product(s), API Key & API Secret.
A "Developer API Product" is any website or software application developed by you that uses the Dailymotion API Platform or that is created using the Dailymotion API Platform.
Any development or use of a Developer API Product must comply with the Dailymotion Policies, which may be modified from time to time as herein indicated.
In order to gain access to certain features of the Dailymotion API Platform, you may need to first request via the Website a unique API Key (“API Key”) in order to request to access certain information. You will also be given an API Secret (“API Secret”) that goes along with your API Key. Your API Secret should never be shared with anyone. You are responsible for all actions taken using your API Key and/or API Secret. Dailymotion reserves the right in its sole discretion to at any time and for any reason revoke your API Key(s) and/or API Secret(s).
1.3. Prohibited Actions.
In using the Dailymotion API Platform and in creating and operation your Developer API Product(s), you will not, and you will not encourage or create functionality for your users or other third parties to:
- violate, encourage the violation of, or facilitate the violation of our the Dailymotion Policies, as defined herein or the applicable laws;
- use, display, mirror, frame (including in meta-tags or hidden text), or reverse engineer the Dailymotion Websites, or any individual element of the Website, or the layout and design of any page or form contained on a page on the Website, without Dailymotion's prior written consent;
- trick, confuse, defraud, mislead, or take advantage of users. The function of your Developer API Product(s) should be clear to users, and you must get a user's explicit consent in order to (i) modify a user's account settings, data, videos/content, or device, (ii) store or share that user's videos/content, or (iii) attempt to gain any rights to that user's videos/content;
- interfere or attempt to interfere in any manner with the proper workings of the Dailymotion API Platform, or create or distribute any Developer API Product(s) that adversely affect the functionality or performance of Dailymotion or of the services provided by Dailymotion;
- circumvent or render ineffective any geographical restrictions or IP address-based restrictions;
- misrepresent your identity when registering for use of the Dailymotion API Platform, API Key, or API Secret;
- use the API Key or API Secret belonging to a different individual or entity;
- mask your usage of the Dailymotion API Platform;
- use the Dailymotion API Platform to encourage or promote intellectual property infringement or the exploitation of intellectual property-infringing materials;
- permanently download or store copies of Dailymotion audiovisual content (“Dailymotion Content”);
- modify or replace the text, images, or other content of the Dailymotion search results, including (i) changing the order in which search results are presented as Dailymotion search results, or (ii) intermixing sources other than Dailymotion when search results are presented as Dailymotion search results;
- modify, replace or otherwise disable the functioning of links to Dailymotion or third-party websites provided in the Dailymotion search results or otherwise provided through the Dailymotion API Platform or Dailymotion video player;
- modify, replace, interfere with or block advertisements placed by Dailymotion in the Dailymotion Content, or the Dailymotion video player;
- separate, isolate, or modify the audio or video components of any Dailymotion Content made available through the Dailymotion API Platform;
- promote separately the audio or video components of any Dailymotion Content made available through the Dailymotion API Platform; or
- access any portion of any Dailymotion Content by any means (including via another video player) other than use of a Dailymotion video player.
1.4. Commercial Use.
The following commercial uses are not permitted:
- the sale of the Dailymotion API Platform, Collected Data, Dailymotion Content or related services, or access to any of the foregoing;
- the sale of advertising, sponsorships, or promotions placed on or within the Dailymotion Content or Dailymotion video player; or
- the sale of advertising, sponsorships, or promotions on any page within the Developer API Product(s) that contains Dailymotion Content.
The following commercial uses are permitted:
- the sale of your Developer API Product(s);
- the placement of Your Marks on the Developer API Product(s), provided that it does not interfere with Dailymotion Content playback or with any Dailymotion Marks; or
- the sale or distribution of any device that contains or runs an Developer API Product(s).
Your Developer API Product(s) may employ session-based caching solely of Dailymotion API Platform results, however you must use commercially reasonable efforts to cause your Developer API Product(s) to update cached results upon any changes in video metadata. For example, in the event that a video available on the Dailymotion Website is removed from the Website or made "private" by the uploader, cached results shall be removed from your cache.
1.6. Upgrades & Deprecation.
Dailymotion may in its sole disretion decide to discontinue or make backwards incompatible changes to the Dailymotion API Platform that may affect the functionality of you Developer API Product(s). Dailymotion will use commercially reasonable efforts to announce such upgrades to you beforehand, and to continue to operate the old Dailymotion API Platform features for as long as possible as Dailymotion determines in its reasonable good faith judgment.
Your Developer API Product(s) must allow for you to update the Developer API Product(s) to the most current version of the Dailymotion API Platform after any version has been deprecated; for non-website implementations, you must allow for the updating of your Developer API Product(s) that has already been distributed to the public, remotely.
1.7. Quotas for Usage.
Dailymotion may, in its sole discretion, set a quota of operations on your usage of the Dailymotion API Platform or on your Developer API Product(s), and you will not circumvent, or attempt to circumvent such quotas, if any.
1.8. Platform Usage.
Dailymotion may review the Dailymotion API Platform from time to time, however you acknowledge that Dailymotion has no legal obligation to monitor content transmitted via or stored on the Website. you acknowledge that per out hosting provider status, Dailymotion’s only obligations as a host concern (i) the fight against certain content in accordance with the procedure described in the Prohibited Content section, (ii) the retention of your connection data, which is subject to our policies on Personal Data, and (iii) the removal of all clearly illegal content which has been effectively brought to our attention. Dailymotion is not responsible for user generated content, for user comments, or any other third party information accessible through the Website, or specifically through the Dailymotion API Platform. You acknowledge and agree that the Dailymotion API Platform is provided "as is" without warranty, provided that Dailymotion may enhance, modify and update the Dailymotion API Platform at its sole discretion. For the sake of clarity, Dailymotion is under no obligation to make any improvements or modifications to the Dailymotion API Platform.
1.9. Collection of User Information.
Dailymotion appreciates it when you send us feedback! However, you should be aware that you have no obligation to do so, and if you do send us feedback, Dailymotion may use, modify, incorporate into our products and services, license and sublicense, any feedback, comments, or suggestions you send us or post in our forums.
1.11. Other Platforms and Support for Users.
You are fully responsible for any and all dealings with (a) the platforms and operating systems on which your Developer API Product(s) is distributed and used, and (b) the users of your Developer API Product(s). You agree that Dailymotion has no obligation to provide support to users for your Developer API Product(s) or your use of the Dailymotion API Platform. Unless you have Dailymotion's written permission, you must NOT state or imply any endorsement by Dailymotion of your Developer API Product(s) or other products or services, and you must never make any representations about your Developer API Product(s), the Dailymotion API Platform, or Dailymotion's products or services that are false, deceptive, fraudulent or misleading.
2. INTELLECTUAL PROPERTY.
2.1. Dailymotion’s Marks.
In order to use Dailymotion’s trade names, trademarks, service marks, logos, domain names (the “Dailymotion Marks”) for any purpose whatsoever, including to promote your Developer API Product(s), you must first receive written approval from Dailymotion, which may be given via email. If you use Dailymotion Marks under this license after having received prior written approval, you agree and acknowledge that Dailymotion is the sole owner of the Dailymotion Marks and that goodwill derived from their use benefits only Dailymotion. You also agree not to at any time challenge or aid in challenge Dailymotion's rights in, or the validity of, those Dailymotion Marks (except to the extent that you cannot give up that right by law). This includes not registering or attempting to register any mark that is confusingly similar to the Dailymotion Marks. Dailymotion may terminate your license to use the Dailymotion Marks at any time for any reason. You irrevocably assign and will assign to Dailymotion any right, title and interest that you obtain in any of the Dailymotion Marks. You may not issue any public announcement regarding your use of the Dailymotion API Platform or your Developer API Product(s) which suggests partnership with Dailymotion without Dailymotion's prior review and written approval, at Dailymotion's sole discretion. This paragraph survives any termination or expiration of this Agreement.
2.2. Your Marks.
You grant to Dailymotion a non-exclusive, non-transferable license (while you support a Developer API Product, or otherwise use the Dailymotion API Platform), to use your company, organization, or product name, trademarks, logo and/or descriptive materials you publish about your Developer API Product(s) or use of the Dailymotion API Platform (“Your Marks”), in presentations, marketing materials, customer lists, financial reports, website listings of customers, research and marketing case studies and other marketing-related activities, and in the promotion of Dailymotion services, and to acknowledge or promote your Developer API Product(s) or your use of the Dailymotion API Platform. Any use must be in accordance with applicable law. Dailymotion agrees and acknowledges that except for the limited license above, these Developer Terms do not grant Dailymotion any rights to Your Marks and that goodwill derived from their use benefits only you.
3. TERM AND TERMINATION.
Any licenses contained in these T&Cs will automatically terminate without notice if you fail to comply with any provision of these T&Cs. Dailymotion reserves the right to terminate these T&Cs or discontinue the Dailymotion API Platform or your Developer API Product(s) or any portion or feature thereof for any or no reason and at any time without notice. Upon any termination or notice of any discontinuance, you shall immediately stop and thereafter desist from using the Dailymotion API Platform and your Developer API Product(s) and delete all Collected Data from the Dailymotion API Platform in your possession or control (including, without limitation, from your servers). Dailymotion may suspend provision of the Dailymotion API Platform in order to address any security threat. You may terminate these T&Cs at your convenience at any time by stopping all use, operation, support, promotion, and distribution of all of your Developer API Product(s) and the Dailymotion API Platform. Any use of the Dailymotion API Platform or the Develop API Products is government by these T&Cs and the Dailymotion Policies. If you disagree with these T&Cs or the Dailymotion Policies, your only recourse is to not use or to cease to use the Dailymotion API Platform and your Developer API Product(s). UPON ANY TERMINATION OR SUSPENSION OF ACCESS, YOU MAY LOSE ACCESS TO ANY CONTENT, MATERIALS OR INFORMATION THAT YOU PROVIDED TO DAILYMOTION RELATED TO YOUR DEVELOPER API PRODUCT(S) OR THROUGH THE DAILYMOTION API PLATFORM. All sections of these T&Cs that should by their nature survive termination of the T&Cs, will survive any termination of these T&Cs.
4. Legal Disclaimer & Limitation of Liability.
YOU AGREE THAT YOUR USE OF THE DAILYMOTION WEBSITE, DAILYMOTION API PLATFORM AND ALL DAILYMOTION SOFTWARE SHALL BE AT YOUR SOLE RISK AND LIABILITY. EVERYTHING ON THE WEBSITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY. DAILYMOTION, ITS AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS AND SUPPLIERS (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 WEBSITE, DAILYMOTION API PLATFORM AND ALL DAILYMOTION SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY MISTAKES, DEFAMATION, LIBEL, SLANDER, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY OR PROFANITY YOU MAY ENCOUNTER ON THE WEBSITE. THE DM PARTIES MAKE NO WARRANTY OR REPRESENTATION THAT THE DAILYMOTION WEBSITE, DAILYMOTION API PLATFORM AND ALL DAILYMOTION SOFTWARE OR ITS SERVICES 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 USERS ABILITY TO ACCESS, VIEW OR USE YOUR CONTENT OR ANY OTHER CONTENT, OR THAT ANY INFORMATION OBTAINED FROM THE DAILYMOTION WEBSITE, DAILYMOTION API PLATFORM AND ALL DAILYMOTION SOFTWARE WILL BE ACCURATE OR RELIABLE. IN THE EVENT THAT THE FOREGOING IS NOT ENFORCEABLE, DAILYMOTION’S AGGREGATE LIABILITY UNDER THIS AGREEMENT IS LIMITED TO FIVE HUNDRED DOLLARS ($500.00 USD).
5. Indemnity & Release.
YOU AGREE AND SHALL INDEMNIFY AND HOLD DAILYMOTION, ITS AGENTS, AFFILIATES, AND LICENSORS 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 THESE TERMS) ARISING FROM OR RELATING TO (I) YOUR USE OF THE DAILYMOTION API PLATFORM OR YOUR USE OF YOUR DEVELOPER API PRODUCT(S) IN ANY MANNER THAT BREACHES THESE T&CS; (II) YOUR VIOLATION OF THE DAILYMOTION POLICIES; (III) YOUR DEVELOPER API PRODUCT(S); (IV) YOUR COLLECTION OR USE OF USER DATA, AND (V) YOUR VIOLATION OF ANY THIRD PARTY RIGHTS, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, PUBLICITY OR PRIVACY RIGHTS. At Dailymotion's option, you shall assume control of the defense and settlement of any claim subject to indemnification by you at your own expense (provided that, in such event, Dailymotion may at any time thereafter elect to take over control of the defense and settlement of any such claim, and in any event, you shall not settle any such claim without Dailymotion’s prior written consent).
YOU AGREE THAT NO DM PARTY SHALL BE LIABLE FOR ANY DAMAGES, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR USE OF THE DAILYMOTION WEBSITE, DAILYMOTION API PLATFORM AND ALL DAILYMOTION SOFTWARE, IN WHOLE OR IN PART, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING WITHOUT LIMITATION A NEGLIGENT ACT, SHALL ANY DM PARTY BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE DAILYMOTION WEBSITE, DAILYMOTION API PLATFORM AND ALL DAILYMOTION SOFTWARE, REGARDLESS OF WHETHER ANY SUCH DM PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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 THIS AGREEMENT.
YOU HEREBY RELEASE AND COVENANT NOT TO SUE DAILYMOTION AND ITS AFFILIATES FOR ANY AND ALL DAMAGES, LIABILITIES, CAUSES OF ACTION, JUDGMENTS, AND CLAIMS PERTAINING TO ANY INTELLECTUAL PROPERTY YOU DEVELOP THAT IS BASED ON, USES, RELATES TO, OR ARISES FROM THE DAILYMOTION API PLATFORM OR YOU DEVELOPER API PRODUCT(S). IF YOU HAVE A DISPUTE WITH ONE OR MORE DAILYMOTION ACCOUNT OWNERS, YOU RELEASE DAILYMOTION AND ITS CORPORATE AFFILIATES AND ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, LICENSORS, LICENSEES, ASSIGNS OR SUCCESSORS, FOR ANY AND ALL DAMAGES, LIABILITIES, CAUSES OF ACTION, JUDGMENTS, AND CLAIMS ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
6. MODIFICATION OF THESE T&CS.
Dailymotion may revise these T&Cs from time to time and the most current version will always be posted on our website. you should review these T&Cs on a regular basis. The changes to the T&Cs will not apply retroactively and will become effective 7 days after posting. However, changes specific to new functionality or changes made for legal reasons will be effective immediately upon notice. By not terminating your use of the Dailymotion API Platform and/or your Developer API Product(s) after the revisions become effective, you implicitly agree to be bound by the revised terms. If you do not agree to the new terms, your only recourse is to terminate and immediately cease use of the Dailymotion API Platform and/or your Developer API Product(s). YOUR FAILURE TO TERMINATE use of the Dailymotion API Platform and/or your Developer API Product(S) FOLLOWING THE EFFECTIVE DATE OF A CHANGE OF THESE T&CS WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
7. GENERAL TERMS.
7.1. Applicable Law and Jurisdiction.
These T&Cs shall be construed and controlled by the laws of France and shall be subject to courts within the jurisdiction of the court of appeal of Paris. If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. You consent to personal jurisdiction and venue in those courts.
7.2. Independent Contractors.
You and Dailymotion are independent contractors, both legally and financially. These T&Cs shall accordingly in no way constitute joint entity, agency relationship, joint venture or partnership or any relationship of an employer and employee, nor shall you hold yourself out as being part of such an entity or relationship with Dailymotion.
7.3. Entire Agreement.
These T&Cs constitute the entire agreement between Dailymotion and you with respect the Dailymotion API Platform your Developer API Product(s) and its supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Dailymotion with respect to the Dailymotion API Platform and your Developer API Product(s). A printed version of the T&Cs and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the T&Cs to the same extent and subject to the same conditions as other business documents and record originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of these T&Cs or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these T&Cs, and the remainder of these T&Cs shall continue in full force and effect. 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. Any subsequent modifications by you to these T&Cs shall not be valid or enforceable unless made in writing (not including email) executed by you and Dailymotion.
You agree that these T&Cs constitute a non-exclusive agreement, and that Dailymotion may develop services that may compete with this Dailymotion API Platform and your Developer API Product(s).
No waiver of any provision of these T&Cs shall constitute a waiver of any other provision(s) or of the same provision on another occasion. A waiver of any default is not a waiver of any subsequent default. Unenforceable provisions will be modified to reflect the parties' intention, and all remaining provisions of these T&Cs will remain in full effect.
You shall not assign, transfer or otherwise delegate your rights and/or obligations hereunder to any person without Dailymotion’s written consent (not including email). Any such attempt by you is null and void. Dailymotion may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Dailymotion API Platform.
7.7. Sending Notices.
All notices from you to Dailymotion that are required to be given under this Agreement shall be in writing and sent to the address of our corporate headquarters as set forth on our website via first class or air mail or overnight courier, and is deemed given upon receipt.
Last Updated: October 28, 2015.