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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. 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 our 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: 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 causing a nuisance to another person
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, depictions of self harm, or content that may otherwise cause someone mental or physical harm.
1-9. Explicit sexual imagery or language, as well as erotic roleplay or soliciting sexual content from other people.
1-10. Use of very strong language, or frequent use of strong language.
1-11. Depictions of drug misuse.

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

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, temporarily limit, and/or suspend 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.

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.

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 April 30th, 2023