SECTION 1: DESCRIPTION OF THE DAILYMOTION SERVICE
1.1. Dailymotion (“Shiavideo”, “we”, “us” or “our”) is an original, free video hosting website that enables users to access, view, upload, store and share videos. The Dailymotion Service is made up of the Shiavideo website, the Shiavideo video player that is embeddable onto any website (the “Video Player”), the shiavideo apps and web-apps as accessible (online or offline) via any current or future device capable of distributing the shiavideo website and/or the Video Player and more generally, any shiavideo products, content, channels, software, data feeds, services and functionality (“Shiavideo Service”).
1.2. By accessing and/or using the Shiavideo Service, without being logged into a Shiavideo Account, You (“You” or “Your” as applicable) will be hereinafter a “Viewer.” As a Viewer, You will only have the ability to access, view or share videos available on the Shiavideo Service, but will not be able to benefit from all the other features available on the Shiavideo Service. A “Shiavideo Account” means the video content storage space on the Shiavideo Service which is dedicated to a User (as defined below) on the Shiavideo Service that can be created by signing up for a Shiavideo Account via https://shiavideo.net/
1.3. If You want to be able to upload videos and access some other features of the Shiavideo Service, You will need to first create a Shiavideo Account and have Your email address validated (see Section 1.4.) at which point You will be a “User.” Note however that after having created Your Shiavideo Account and until You have validated Your email address according to the process defined below, You will be an “Account Applicant” and will not be able to upload videos or access the other features of the Shiavideo Service.
1.4. Information provided by You to create Your Shiavideo Account must be accurate and complete. In order for Shiavideo to verify that the email address You provided is valid, You will receive an email from Shiavideo asking You to validate Your email address.
1.5. By creating a Shiavideo Account, You agree that You alone will be responsible (to Shiavideo and to others) for all activity that occurs under Your Shiavideo Account. The user ID and password which are necessary to access Your Shiavideo Account and the features associated with it are Your sole responsibility and it is Your obligation to keep them confidential. You agree to immediately notify Shiavideo of any unauthorized use of Your User ID, password or any other breach of Your Shiavideo Account security.
1.6. As a User, You will also have the ability to access some additional features from the Shiavideo Service, and if and when You have accepted the terms of the Shiavideo Partner Program, You will then be a “Partner” and will have the opportunity to monetize Your Content uploaded on Your Shiavideo Account.
1.7. If You are a User or a Partner, You may notably upload video files (that must be compliant with the Terms) on the Shiavideo Service. Any and all elements posted through Your Shiavideo Account on the Shiavideo Service are deemed to be “Your Content”.
1.8. As a User or a Partner, You are expected to be an active part of the Shiavideo community. As such, You also acknowledge that if Your Shiavideo Account remains inactive for a significant period of time, Shiavideo reserves the right to delete, reclaim or remove Your Shiavideo Account in its sole discretion with or without prior notice to You.
1.9. Any and all individuals or entities accessing the Shiavideo Service may be referred hereafter as a “Visitor,” regardless of their status (i.e. be they a Viewer, Account Applicant, User or Partner).