- Section 1: Acceptance
- Section 2: Use of Hatena Website and Flipnote Hatena Website.
- Section 3: Registered Users
- Section 4: Flipnotes
- Section 5: Community and Content Rules
- Section 6: Making Claims of Copyright Infringement.
- Section 7: Third-Party Links or Content.
- Section 8: Warranty Disclaimer.
- Section 9: LIMITATION OF LIABILITY.
- Section 10: Indemnification.
- Section 11: Miscellaneous
- Section 12: Authority and Jurisdiction
3. The Hatena Website and Flipnote Hatena Website are provided solely by Hatena. Nintendo of America Inc. ("Nintendo") provides the "Flipnote Hatena Service" (a software application whereby a Nintendo DSi user may create flipnotes and, among other activities, interface with the Hatena Website and the Flipnote Hatena Website.)
4. If you are located outside of the United States, Hatena may apply additional or different terms to your use of the Hatena Website and Flipnote Hatena Website.
1. In order to upload flipnotes to the Hatena Website and Flipnote Hatena Website and/or access other features of the Hatena Website and Flipnote Hatena Website, you will need to create an account and become a "Registered User."
2. You agree to provide true, accurate, current, and complete registration information about yourself and maintain and update this registration information as necessary to keep it true, accurate, current, and complete. If you fail to provide registration information that is true, accurate, current, and complete, or Hatena has reason to suspect that your registration information does not meet the above criteria, Hatena reserves the right to terminate or suspend your account for all current or future use of all or any portion of the Hatena services.
1. Registered Users retain ownership rights in their flipnotes and other content they post. However, by uploading a flipnote or other content to the Hatena Website and/or Flipnote Hatena Website, a Registered User grants Hatena a worldwide, royalty-free, perpetual, irrevocable, fully sublicensable, and non-exclusive license to the flipnote. You also agree that this license includes the right of Hatena to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display this flipnote for any reason whatsoever, including but not limited to marketing and promotional purposes.
2. Registered Users also agree that flipnotes or other content uploaded to the Hatena Website and/or Flipnote Hatena Website by the Registered User may be revised or changed by other Registered Users and be published for free of charge or licensing fees of any kind, and the Registered User grants to these other Registered Users, a perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display such content (in whole or in part) and to incorporate such content into other works in any format or medium now known or later developed.
3. By uploading a flipnote or other content, Registered User represents and warrants that he/she owns, or has obtained, all rights necessary to post a flipnote or other content, including, but not limited to all copyrights, trademark, trade secret, patent or other proprietary rights. Registered User further agrees that he/she will not upload a flipnote or other content that violates the publicity rights, privacy rights, copyrights, trademark, trade secret, patent, or other third party proprietary rights.
4. Registered Users are solely responsible for (i) interactions and exchange of information with other Registered Users or third parties; and (ii) the flipnotes or other content he/she uploads to the Hatena Website and/or Flipnote Hatena Website, and Hatena assumes no responsibility for monitoring the Hatena Website and/or Flipnote Hatena Website.
1. Prohibited Uses. The following activities are prohibited when using the Hatena Website and/or Flipnote Hatena Website:
- 1-1. Infringement of copyrights, patents, and intellectual property rights;
- 1-2. Violation of another person’s privacy;
- 1-3. Conduct that is defamatory, libelous, or obstruction of business;
- 1-4. Fraudulent activities;
- 1-5. Accessing the account of another Registered User, damage or destruction of computer systems, and any other criminal activity including illegal access to Hatena’s or others’ computers or Nintendo DSi; and
- 1-6. Any other criminal or illegal activity.
2. The following actions or activities are prohibited when using the Hatena Website and/or Flipnote Hatena Website:
- 2-1. Advance notice of a crime, instructional information about criminal activities, or actions that may initiate a crime.
- 2-2. Discrimination 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.
- 2-3. Ethically vulgar, harmful, or rude contents and offensive subject matters that promote hatred, and the dissemination of information pertaining to pornography or prostitution.
- 2-4. Nuisance, harassment, slander and defamation of another person, or actions which cause mental anguish or financial loss.
- 2-5. Impersonating another person, company or group, or using the name of a company or group without permission. Claiming to be a fictitious person, company or group, or falsely claiming association with a person, company, or group.
- 2-6. Pretending to be another person to use the Hatena Website or Flipnote Hatena Website, or falsification of information.
- 2-7. Posting any other patently offensive or socially inappropriate content.
- 2-8. Advertising, publicity, or solicitation for a commercial purpose, except as expressly allowed by Hatena.
- 2-9. Actions related to or performed with the intention to induce sexual relations or other obscene activities.
- 2-10. Actions related to the fraudulent use, collection, storage, modification, or use of the personal information of others.
- 2-11. Selling or otherwise transferring your account without consent of Hatena.
- 2-12. Actions which are in violation of the requests, demands or other compulsory provisions of Hatena.
3. Hatena, in its sole discretion, may also prohibit actions, other than those listed above, which are determined by Hatena to be unacceptable.
1. If you believe that any material on the Hatena Website and/or Flipnote Hatena Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Designated Agent with the following information:
- 1-1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 1-2. Identification of the allegedly infringing material with information that is reasonably sufficient to permit Hatena to remove or disable access to it;
- 1-3. Information sufficient to contact the party providing the notice;
- 1-4. Statement that you have a good faith belief that use of the material is not authorized; and
- 1-5. Statement that the information in the notice is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
|Designated Agent:||Hatena Co., Ltd.|
|Address of Designated Agent:||Oike Bldg. 9fl., Takamiya-cho 206,Nakagyo-ku, Kyoto, 604-0835 Japan|
|Telephone Number of Designated Agent:||+81-75-241-9969|
|Fax Number of Designated Agent:||+81-75-241-9949|
|Email Address of Designated Agent:|
2. Counter-Notice. If you believe that your material that was removed is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content, you may send a counter-notice containing the following information to the Designated Agent:
- 2-1. Your physical or electronic signature;
- 2-2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- 2-3. A statement that you have a good faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content; and
- 2-4. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in the County of Santa Clara, California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Hatena may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Hatena’s sole discretion.
1. The Hatena Website may contain links to third-party websites that are not owned or controlled by Hatena. You agree that Hatena is not responsible for the availability of such third-party websites and does not endorse and is not responsible or liable for any advertising or content made available by such third parties. You further acknowledge and agree that Hatena shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, goods, or services available on or through such third parties.
1. YOUR USE OF THE HATENA WEBSITE AND/OR FLIPNOTE HATENA WEBSITE ARE AT YOUR SOLE RISK. THE HATENA WEBSITE AND/OR FLIPNOTE HATENA WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HATENA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. HATENA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT (i) THE HATENA WEBSITE AND/OR FLIPNOTE HATENA WEBSITE WILL MEET YOUR REQUIREMENTS; (ii) THE HATENA WEBSITE AND/OR FLIPNOTE HATENA WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE HATENA WEBSITE AND/OR FLIPNOTE HATENA WEBSITE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE HATENA WEBSITE AND/OR FLIPNOTE HATENA WEBSITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.v
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE HATENA WEBSITE AND/OR FLIPNOTE HATENA WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM AND/OR NINTENDO DSi, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT HATENA, NINTENDO AND ITS PARENT CORPORATION, AND EACH OF THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF HATENA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE HATENA WEBSITE AND/OR FLIPNOTE HATENA WEBSITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE HATENA WEBSITE AND/OR FLIPNOTE HATENA WEBSITE; OR (e) ANY OTHER MATTER RELATING TO THE HATENA WEBSITE AND/OR FLIPNOTE HATENA WEBSITE.
3. Hatena reserves the right to discontinue any aspect of the Hatena Website and/or Flipnote Hatena Website at any time and undertakes no obligations to preserve or provide access to any flipnote or other content.
4. You agree that all of Hatena’s trademarks, trade names, service marks and other logos and brand features, and product and service names used on the Hatena Website and/or Flipnote Hatena Website are the property of Hatena or other third parties (the "Hatena Marks"). Without Hatena’s prior, written permission, you agree not to display or use in any manner the Hatena Marks.
5. You acknowledge and agree that the Hatena Website and Flipnote Hatena Website contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
8. You consent to receiving electronic communications from Hatena. These communications may include notices about your account and information concerning or related to the Services. You agree that any notice, agreements, disclosure, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.