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 through the Flipnote Studio application or on www.sudomemo.net. By selecting the “Agree” button you confirm your agreement to these Terms of Use.

Eligibility and Age Requirements

To upload Flipnotes, post comments, or otherwise actively participate on Sudomemo, you must be at least 13 years old. Children under 13 may browse and view publicly available content on Sudomemo only with the permission and supervision of a parent or legal guardian.

If you are under 18, you represent that you have your parent or guardian’s permission to use the Service. Please have them read these Terms with you. If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use Sudomemo, you are agreeing to these Terms and accept responsibility for your child’s activity on the Service, including any content they upload or interactions they engage in.

Section 2: Account Security and Responsibility

You are responsible for maintaining the security of your Sudomemo account and any device used to access the Service. You agree not to share your login credentials with others and to take reasonable steps to prevent unauthorized access to your account.

You are solely responsible for all activity that occurs under your account, whether or not you authorized it. If you become aware of any unauthorized use of your account, you should notify Sudomemo promptly. Sudomemo is not liable for any loss or damage resulting from your failure to safeguard your account information.

Section 3: Connections with Hatena and Nintendo

Sudomemo has not and does not receive official endorsement from either Nintendo or Hatena. This service is provided and operated by Sudomemo LLC (“Sudomemo”), and sustained with the help of community donations. References to “we,” “us,” or “our” in these Terms mean Sudomemo LLC and, where applicable, its authorized staff and community volunteers (“Team Sudomemo”). The service 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 4: Uploaded Content

By uploading or submitting Flipnotes or other materials to the Service (collectively, “content”), you grant Sudomemo LLC a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, host, store, reproduce, adapt, modify, distribute, publicly display and perform, and create derivative works from your content. This license covers all purposes reasonably related to operating, providing, promoting, and improving Sudomemo and its related projects, in any media or distribution methods now known or developed in the future. It also authorizes Sudomemo to use your username, avatar, and, if included in your content, your likeness, voice, or other identifiers to present and attribute your content. The licenses granted by you continue for a commercially reasonable period of time after you remove or delete your content from the Service. You understand and agree, however, that Sudomemo may retain, but not publicly display, distribute, or perform, server copies of such content for technical, legal, or operational reasons, including backups, caches, or spin-offs created through Service features.

Spin-Offs: By posting an unlocked Flipnote, you authorize other users to create derivative works in Flipnote form as “Spin-Offs,” provided the derivative work is changed in a non-insubstantial way. Spin-Offs are considered independent works created by the user who posts them, and they will not automatically be removed if the original Flipnote is deleted or made unavailable. Sudomemo may, at its discretion, remove a Spin-Off if it contains personal information or otherwise violates these Terms or the Rules.

By uploading content, you understand that you must own—or obtain—all rights and permissions necessary to post it. This can include copyrighted characters or assets, soundtracks, likenesses, trade secrets or other proprietary rights. If you upload content displaying other people, it is necessary for you to obtain their permission beforehand.

Each user is solely responsible for:

Interactions and exchanges of information with other users from their account.

The content they upload to Sudomemo through their account.

Therefore, users have the responsibility to make sure that other persons connecting to and using Sudomemo with their console/account are aware of the rules.

Sudomemo assumes no responsibility for monitoring the Service. It is therefore the responsibility of each user to ensure that the content they post is lawful and does not infringe on any third party’s rights.

Sudomemo reserves the right to remove any content from the Service for any reason whatsoever. Accounts may be suspended or terminated as described in Section 8 (Termination). A more extensive list of prohibited content and rules appears below.

Section 5: Content Policy (the “Rules”)

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

1-1. Using content owned by other people, unless you have permission
1-2. Using someone’s image or likeness without permission
1-3. Slandering, harassing, impersonating, or otherwise causing a nuisance to others.
1-4. Criminal activity like fraud, hacking, or anything that might cause damage to servers or people’s consoles
1-5. Exploits or content that wasn’t created in the original Flipnote Studio software on a Nintendo DSi or Nintendo 3DS
1-6. Access to our Flipnote services via means other than official Nintendo hardware designed to run DSiWare

We understand that when content policies meet artistic expression, context and presentation must be taken into consideration. For this reason, we strongly recommend reading our “Understanding Sudomemo’s Content Policy” article at https://flipnot.es/contentpolicy

1-7. 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.
1-8. Gore, depictions of suicide, or depictions or encouragement of self-harm.
1-9. Explicit sexual imagery or language, erotic roleplay, or soliciting sexual content.
1-10. Frequent or excessive use of strong language or profanity, especially when directed at others.
1-11. Depictions of drug misuse, or recommending drugs or medications without professional medical authority.

Our removal and appeal process can be found in the Sudomemo Help Center at: https://flipnot.es/removal
Our suspension/ban appeal process can be found in the Sudomemo Help Center at: https://flipnot.es/suspension

In addition, Sudomemo reserves the right to take action, including removal of content, limitation, or suspension of accounts, if we determine that a user is engaging in harmful or anti-social behavior. Accounts may be suspended or terminated as described in Section 8 (Termination). You can read our Community Guidelines at: https://flipnot.es/guidelines

As previously stated, Sudomemo reserves the right to decide whether content is appropriate and compliant with these rules in respect of violations other than copyright infringement, such as, but not limited to the activities listed above. Sudomemo may remove content from Sudomemo, temporarily limit, and/or suspend a user’s access for uploading such material, without prior notice.

Section 6: 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 Sudomemo by means provided elsewhere on this site.

Section 7: Miscellaneous

1. Sudomemo reserves the right to discontinue any aspect of Sudomemo at any time and undertakes no obligations to preserve or provide access to any content.

2. The failure of 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 suspension or termination of a user as described in Section 8 (Termination), some details of DSi/3DS consoles connecting to Sudomemo are recorded.

5. We offer users the ability to connect a Google account and upload their Flipnotes to YouTube from Sudomemo. If and when you decide to use these features, you agree to be bound by YouTube’s Terms of Service, which you can read at https://www.youtube.com/t/terms.

6. Data Retention: Certain data retention practices are described in our Privacy Policy, which forms part of these Terms.

7. Survival: Any provisions of these Terms of Use which by their nature should survive termination shall so survive, including but not limited to licenses granted by users, disclaimers, indemnities, limitations of liability, dispute resolution provisions, and jurisdictional provisions.

8. Entire Agreement: These Terms of Use constitute the entire agreement between you and Sudomemo LLC regarding your use of the Service, and supersede any prior agreements, whether written or oral, relating to the Service.

9. Sudomemo may revise these Terms of Use from time to time. The most current version will always be posted at https://flipnot.es/terms. If a revision is material, we will notify you through the Service or by other reasonable means. By continuing to use Sudomemo after changes take effect, you agree to be bound by the revised Terms.

Section 8: Termination

Sudomemo reserves the right, at its sole discretion, to suspend or terminate your access to the Service at any time, with or without notice, for conduct that we believe violates these Terms of Use, is harmful to other users of the Service, or for any other reason we determine appropriate.

Upon termination, your right to use the Service will immediately cease. You understand and agree that we may delete or deactivate your account and all related information and files in your account, and/or bar further access to such files or the Service. Sudomemo shall not be liable to you or any third party for any termination of your access to the Service.

Any provisions of these Terms of Use which by their nature should survive termination shall remain in effect, including but not limited to licenses granted by users, disclaimers, indemnities, limitations of liability, dispute resolution provisions, and jurisdictional provisions.

Section 9: Dispute Resolution and Arbitration

To the fullest extent permitted by law, you and Sudomemo LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms of Use, the Service, or your use of Sudomemo shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. All arbitration shall be conducted on an individual basis; class arbitrations and class actions are not permitted, and you expressly waive the right to participate in such proceedings. Unless otherwise agreed by the parties in writing, arbitration proceedings shall take place in Ingham County, Michigan, USA, and shall be conducted in English. If arbitration is determined to be unenforceable with respect to any claim, then such claim shall be brought exclusively in the state or federal courts located in Michigan, and both parties consent to the jurisdiction of those courts for that purpose.

Section 10: Disclaimer of Warranties and Limitation of Liability

The Service is provided “as is” and “as available,” without warranties of any kind, whether express or implied. To the fullest extent permitted by law, Sudomemo disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

To the maximum extent permitted by law, Sudomemo shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits or revenues, whether incurred directly or indirectly, or for any loss of data, goodwill, or other intangible losses, resulting from (i) your use of or inability to use the Service, (ii) any unauthorized access to or use of our servers, (iii) any interruption or cessation of the Service, or (iv) any user content or conduct.

You agree to indemnify, defend, and hold harmless Sudomemo LLC, its officers, directors, employees, volunteers, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees and costs) arising out of or in any way connected with (i) your access to or use of the Service, (ii) your uploaded content, (iii) your violation of these Terms, or (iv) your violation of any rights of another.

Section 11: Authority and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Michigan, USA.

Last Updated September 18th, 2025