Sudomemo - Terms Of Use

Sudomemo Terms of Use

Section 1: Acceptance

These terms and conditions (the 'Terms of Use') cover your use of the 'Sudomemo' service if and when you access it, either though the Flipnote Studio application or on www.sudomemo.net. By selecting the 'Agree' button you confirm your agreement to these Terms of Use.

Section 2: Connections with Hatena and Nintendo.

Sudomemo has not and does not receive official endorsement from either Nintendo or Hatena. This service is solely provided, paid for, and run by Sudofox (Austin Burk) with help from community donations. It is not managed in any way by Flipnote Hatena or Nintendo staff; any content that has been uploaded by staff has been uploaded in their spare time outside of working hours, where they do not represent either company.

Section 3: Uploaded Flipnotes and Content.

1. Flipnotes and other content posted to Sudomemo may be used by Sudofox (Austin Burk) at any time for purposes such as promotions or demonstrations.

2. Users also acknowledge that Flipnotes and other content uploaded to the Sudomemo service may be revised or changed by other users (as 'spin offs') and be published (in whole or in part and including any modifications thereof) either on Sudomemo or elsewhere freely.

3. By uploading a Flipnote or other content, a user understands that they must own - or obtain - all rights and permissions necessary to post that Flipnote or other content. This can include copyrighted characters or assets, soundtracks, likenesses, trade secrets or other proprietary rights. If a user uploads a Flipnote or other content displaying other people, it is necessary for that user to obtain their permission beforehand.

4. Each user is solely responsible for:
(i) Interactions and exchanges of information with other users from their username.
(ii) The Flipnotes or other content they upload to Sudomemo through their username.
Therefore, users have the responsibility to make sure that other persons connecting to and using Sudomemo with their system/username are aware of the rules.

5. 'Censoring' parts of Flipnotes or other content which is against the rules of Sudomemo does not serve as a way to make them acceptable. Such methods may include hiding offending content behind black bars, or by claiming that the content is something else (for example, blood and catsup). Similarly, adding a warning about inappropriate content - even in the thumbnail of a Flipnote - will not prohibit the rules of Sudomemo from being applied.

6. Sudofox (Austin Burk) assumes no responsibility for monitoring the Sudomemo service. It is therefore the responsibility of each user to ensure that the Flipnotes and other content that they post is lawful and does not infringe on any third party's rights.

Sudofox reserves the right to remove any Flipnote or other content from the Sudomemo service for any reason whatsoever and to discontinue Sudomemo at any time or for any reason. Offensive Flipnotes and content may be deleted, membership terminated, and other actions may be taken including law enforcement referrals. Sudofox may delete any Flipnote or other content that, in his sole judgement, violates these Rules or Terms of Use or which may be offensive or illegal, or which may harm, threaten or violate the rights or safety of any person. A more extensive list of prohibited content and rules appears below.

Section 4: Community Guidelines (the 'Rules')

1. Prohibited Uses. The following activities are strictly prohibited when using Sudomemo:

1-1. Infringement of proprietary rights, such as copyrights, trademarks, and patents.
1-2. Violation of another person's publicity, privacy or portrait rights.
1-3. Conduct that damages someone's reputation (this includes impersonating another person), or is an obstruction of business.
1-4. Fraudulent activities.
1-5. Accessing/hacking the account of another user, damage or destruction of computer systems and any other criminal activity including illegal access to others' computers or Nintendo DSi systems.
1-6. Any other criminal or illegal activity.
1-7. Posting of Flipnotes or comments that are in violation of these Terms of Use and/or any rules published on Sudomemo.

In addition, Flipnotes or other content that contains the following is not allowed on Sudomemo:

1-8. Advance notice of a crime, instructional information about criminal activities or actions that may initiate a crime.
1-9. Discrimination/abuse towards any group or individual based on race, nationality, religious belief, gender, social status, place of residence, physical characteristics, medical history, education, assets or income.
1-10. Gore, or other shocking content. This includes blood or content related to suicide.
1-11. Sexual words or innuendos, as well as actions related to or performed with the intention to induce sexual relations or other obscene activities.
1-12. Cuss/swear words, no matter what their context or use is.
1-13. Ethically vulgar, harmful or rude content and offensive subject matter that promotes hatred, and the circulation of information referring to pornography or prostitution.
1-14. Nuisance, harassment, slander and defamation of another person, or actions which cause mental anguish or financial loss.

As previously stated, Sudofox (Austin Burk) reserves the right to decide whether Flipnotes and other content are appropriate and compliant with these rules in respect of violations other than copyright infringement, such as, but not limited to the activities listed above. Sudofox may remove a Flipnote or other content from Sudomemo and/or terminate a user's access for uploading such material, without prior notice.

Section 5: Making Claims of Infringement

If you believe that any material on the Sudomemo service infringes upon your copyrights, trademarks, trade secrets, patents, publicity rights, privacy rights, portrait rights or any other of your proprietary rights, you may contact Sudofox (Austin Burk) by means provided elsewhere on this site.

Section 6: Miscellaneous.

1. Sudofox (Austin Burk) reserves the right to discontinue any aspect of Sudomemo at any time and undertakes no obligations to preserve or provide access to any Flipnote or other content.

2. The failure of Sudofox to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

3. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use operate to the fullest extent permissible by law. If any provision of these Terms of Use is unlawful, void or unenforceable, that provision is deemed severable from this Terms of Use and does not affect the validity and enforceability of any of the remaining provisions.

4. Please be aware that, in order to apply the Terms of Use, and possibly carry out the termination of a user, the IP addresses and Flipnote Studio IDs of DSi consoles connecting to Sudomemo are recorded. No other user data as of yet is available to Sudomemo servers, such as MAC addresses or user's profile information.

Section 7: Authority and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws applicable in your country of residence.

Last Updated March 23rd, 2014

Updates