Category: Terms and Conditions


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 and paid for by Austin Burk and run by staff (“Team Sudomemo”) 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 Team Sudomemo 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 that are against the rules of Sudomemo does not serve as a means for them to be acceptable. Such methods may include hiding offending content behind black bars, or by claiming that the content is something else. 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. Team Sudomemo 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.

Team Sudomemo 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. Team Sudomemo 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/3DS 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. Profane, vulgar, or obscene content.
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, Team Sudomemo 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. Team Sudomemo 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 Team Sudomemo by means provided elsewhere on this site.

Section 6: Miscellaneous.

1. Team Sudomemo 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 Team Sudomemo 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, some details of DSi/3DS consoles connecting to Sudomemo are recorded.

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 October 19th, 2019

On Discord, direct message contact between moderators and members should be minimized, and instead contact with moderators should be serviced by a “moderator mail” system, accessible to all mods. This has been implemented via Dragory/modmailbot (OSS).

On the DSi site, a similar method of seeking moderator assistance might be used (at this point it is not yet implemented) to allow direct assistance from the DSi site.

On the DSi site, the previous “moderator text comment” system has been updated with an anonymous “Moderator” comment system, where users do not see who is posting the comment. Moderators should not disclose their identity when putting text comments in chat or in Flipnote comments. Moderators, however, will be able to see who posts the comments.

These steps aim to increase accountability, communication between moderators, and remove some of the common barriers present in communicating with members of the community.

Moderators should aim to adopt a common set of mannerisms and consistent tone when communicating via modmail, and seek education where needed in order to use the tools available correctly and efficiently.

No member of the moderation team/staff will engage in a romantic or similar relationship with another member of the community. There’s no wiggle-room here as it is a definite conflict of interest. Accepting the role of moderator means having to trade the regular role of a community member for one in which professionalism is consistent, whether serving directly in the Discord server or the website itself, and even off the site as well when interacting with members of the community.

Conflicts of interest can certainly arise, and it is not necessarily a blemish of character, but it is something that has to be addressed. Moderators should be ready and willing to discuss it if that arises.

Moderators will consider moderation actions issued as non-public actions, meaning that information should not be publicly disclosed to uninvolved parties.

Actions such as bans must be properly documented and a reason should be provided to the user via the moderation bots or tools available. Bans should be peer-reviewed by another member of the moderation team.

Moderators are required to utilize 2FA (2-factor authentication) on their Discord login, and, if access is available, to the moderation functions of Sudomemo.

Moderators should be able to give the times where they will be available and check in to let the other staff know when their schedule/day-to-day life deviates from these.

Moderator Reviews

There will be periodic moderation reviews, identifying strong points and accomplishments, as well as identifying any problem spots that can be worked on. Depending on the specific role moderators have, this may vary.

Moderator Training

As the role of the moderator evolves, we will need training in order to ensure that all members of the team are able to carry out what is expected of them. When training is required, moderators must work to schedule time for training.

Training can include (but is not limited to)

  • User communications practice, in which several different situations in which the moderator has to handle user communication via the ModMail will be practiced.
  • Sudomemo moderation tool usage training, in which the ins and outs of the available moderation tools will be explained.
  • Communication tone practice, in which a specific tone and set of expressions will be practiced in order to maintain consistency in official communications.

Document Is Subject To Change

As the moderator structure and program is reworked, we will discover things that factor into how moderation and administration is performed. As such, this document is subject to change.