Flipnote Hatena Terms of Use (English (UK), English (Australia), Français, Español, Deutsch, Italiano, Português, Nederlands, Ελληνικά, Suomi, Nynorsk, Dansk, Svenska) / Hatena.com Privacy Policy (English (UK), English (Australia), Français, Español, Deutsch, Italiano, Português, Nederlands, Ελληνικά, Suomi, Nynorsk, Dansk, Svenska) / Health and Safety / Flipnote Hatena Community Guidelines

Section 1: Acceptance

1. These terms and conditions (the 'Terms of Use') cover your use of the 'Hatena Website' (http://www.hatena.com) if and when you access the Hatena Website via a software application available on your Nintendo DSi and/or your use of 'Flipnote Hatena' (an optimised version of the Hatena Website, found on Nintendo DSi). By selecting the 'Agree' button you confirm your agreement to these Terms of Use. These Terms of Use constitute an enforceable agreement between you and Hatena Co., Ltd., Oike Bldg. 9fl., Takamiya-cho 206, Nakagyo-ku, Kyoto, 604-0835 Japan ('Hatena').

The Hatena Privacy Policy may be found at http://www.hatena.com/rule/privacypolicy.

2. In consideration of your use of the Hatena Website and Flipnote Hatena, you represent that you are 18 or over. If you are under 18, you must obtain legal parental or guardian consent to these Terms of Use in order to use the Hatena Website and Flipnote Hatena and you represent that you have done so prior to any such use.

3. The Hatena Website and Flipnote Hatena are provided solely by Hatena. Depending on your location, Nintendo of Europe GmbH or Nintendo Australia Pty Ltd ('Nintendo') provide the 'Flipnote Studio Service' (a software application that enables a Nintendo DSi user to create Flipnotes and, among other activities, interface with the Hatena Website and Flipnote Hatena).

Section 2: Use of Hatena Website and Flipnote Hatena

Hatena grants you permission to access and use the Hatena Website and Flipnote Hatena as set forth in these Terms of Use, provided that you agree not to alter, modify or distribute, in any medium, any part of the Hatena Website or Flipnote Hatena and otherwise comply with these Terms of Use.

Section 3: Registered Users

1. In order to upload Flipnotes to the Hatena Website and Flipnote Hatena, you will need to create an account on the Hatena Website and become a 'Registered User' by providing Hatena with the following information such as a user name (the 'Hatena ID'), date of birth, password, country and email address. When registering, please make sure NOT to use your real name as your Hatena ID, because other users are able to view your Hatena ID.

2. You agree to provide true, accurate, current and complete registration information about yourself and to 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, then 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.

3. If you no longer wish to use the Hatena Website and Flipnote Hatena you may terminate your account at any time without notice and without giving any reason by accessing the 'Account Cancellation' page at http://www.hatena.com/leave and by clicking on the 'Delete Hatena account' button.

4. Parents or guardians of children under the age of 16 who wish to allow a child to upload Flipnotes or content to the Hatena Website and Flipnote Hatena must first provide a Hatena ID and password for that child's account and input their own email address. Hatena will then send the parent or guardian an email confirming their request to allow the child to upload Flipnotes or content to the Hatena Website and Flipnote Hatena. To complete the registration process, the parent or guardian must open the email, click on the link to Hatena.com and must explicitly give their consent. If the parent or guardian does not give their consent within one month after the email was delivered to them, the child will not be able to upload Flipnotes or content to the Hatena Website and Flipnote Hatena.

5. By giving your consent to the use of the Hatena Website and Flipnote Hatena by a child, you certify that you are; (i) at least 18 years old and that you are the legal parent or guardian of the child listed on the account; (ii) fully responsible for that child's use of the Hatena Website and Flipnote Hatena, including all financial and legal liability that they may incur; and (iii) giving the child permission to upload Flipnotes, which may include monochrome photos of that child or third parties, to the Hatena Website and Flipnote Hatena. Please be mindful that the Hatena Website and Flipnote Hatena are designed to appeal to a broad audience. Any Flipnote uploaded by a child will be released on the internet allowing other persons to view, reproduce, alter and/or modify it. Accordingly, as the legal parent or guardian, it is your responsibility to determine whether uploading Flipnotes is appropriate for the child. If you no longer wish the child to use the Hatena Website and Flipnote Hatena you may terminate that child's account at any time without giving any reasons by accessing the 'Parental Control' page at http://www.hatena.com/parentalcontrol and by using the 'Parental Control Code' provided to you at the time of registration of your child's account.

6. Personal Information of Registered Users is used in accordance with the Hatena Privacy Policy which can be found at http://www.hatena.com/rule/privacypolicy.

7. Hatena may terminate a Registered User's access to the Hatena Website and Flipnote Hatena if, under appropriate circumstances, that Registered User is determined by Hatena to be in infringement of these Terms of Use. Further statutory rights, including other termination rights, remain unaffected.

Section 4: Flipnotes

1. Registered Users retain intellectual property rights in their Flipnotes and other content they post. However, by uploading a Flipnote or other content to the Hatena Website and Flipnote Hatena, Registered Users grant Hatena a worldwide, royalty-free, perpetual, irrevocable, fully sublicensable and non-exclusive license to the Flipnote. Registered Users also agree that this license includes the right for Hatena to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, make publicly available, publicly display and otherwise use this Flipnote for any reason and/or purpose whatsoever, including but not limited to, marketing and promotional purposes.

2. Registered Users also acknowledge and agree that Flipnotes and other content uploaded to the Hatena Website and Flipnote Hatena by a Registered User may be revised or changed by other Registered Users and be published free of charge or licensing fees of any kind. Each Registered User grants to all other Registered Users, a worldwide, royalty-free, perpetual, irrevocable and fully sublicensable and non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, make publicly available and publicly display all Flipnotes and other content (in whole or in part and including any modifications thereof) that they upload and to incorporate such Flipnotes and other content into other works in any format or medium now known or later developed.

3. By uploading a Flipnote or other content, a Registered User represents and warrants that they own, or have obtained, all rights necessary to post that Flipnote or other content, including, but not limited to all copyrights, trademarks, trade secrets, patents or other proprietary rights. In particular, if a Registered User uploads a Flipnote or other content displaying other people, it is necessary for that Registered User to obtain their permission beforehand. Each Registered User further agrees that they will not upload a Flipnote or other content that violates the publicity rights, privacy rights, portrait rights, copyrights, trademark, trade secret, patent or other third party proprietary rights.

4. Registered Users are solely responsible for; (i) interactions and exchanges of information with other Registered Users or third parties; and (ii) the Flipnotes or other content they upload to the Hatena Website and/or Flipnote Hatena and Hatena assumes no responsibility for monitoring the Hatena Website and/or Flipnote Hatena. It is therefore the responsibility of each Registered User to ensure that the Flipnotes and other content that they post is lawful and does not infringe on any third party's rights.

5. Hatena reserves the right to remove any Flipnote or other content from the Hatena Website and/or Flipnote Hatena for any reason whatsoever and to discontinue making the Hatena Website and/or Flipnote Hatena available 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. Hatena may delete any Flipnote or other content that, in the sole judgment of Hatena, violates these 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 5: Community Guidelines (the 'Rules')

1. Prohibited Uses. The following activities are prohibited when using the Hatena Website and/or Flipnote Hatena:


Hatena, or its third-party designee, reserves the right to decide whether Flipnotes and/or other content are appropriate and compliant with these Terms of Use in respect of violations other than copyright infringement, such as, but not limited to the activities listed above. Hatena, or its third-party designee, may remove a Flipnote or other content and/or terminate a Registered User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at their sole discretion.

2. The following actions or activities are prohibited when using the Hatena Website and/or Flipnote Hatena:

3. Hatena, at its sole discretion, may also prohibit any other actions in addition to those listed above, which are determined by Hatena to be unacceptable.

Section 6: Making Claims of Infringement

If you believe that any material on the Hatena Website and/or Flipnote Hatena infringes upon your copyrights, trademarks, trade secrets, patents, publicity rights, privacy rights, portrait rights or any other of your proprietary rights, you may contact Hatena by turning to:

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*
Email Address of Designated Agent:
Fax Number of Designated Agent:	+81-75-241-9949*

(* The price of the call depends on your location and the provider you use.)

Section 7: Third-Party Links or Content

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 neither endorses nor is 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 the use of or reliance on any such content, advertising, goods or services available on or through such third parties.

Section 8: Limitation of Liability

1. Hatena, Nintendo and its parent corporation, and each of their respective subsidiaries, affiliates, officers, distributors, employees, agents, partners and licensors do not exclude or limit their liability; (i) for death or personal injury caused by their negligence; (ii) for any deliberate breaches of these Terms of Use; (iii) for any fraud or fraudulent misrepresentation; (iv) for any liability for death, personal injury or loss or damage to property caused by a defective product; or (v) for any matter for which it would be illegal for them to exclude, or attempt to exclude, their liability.

2. Without limiting section 8A above, Hatena, Nintendo and its parent corporation, and each of their respective subsidiaries, affiliates, officers, distributors, employees, agents, partners and licensors shall otherwise only be liable to you for a breach of a 'material' contractual obligation in these Terms of Use. 'Material' obligations in this sense are obligations that are necessary for the fulfilment of the contract comprised by these Terms of Use, the breach of which would jeopardise the purpose of this contract and/or your ability to fulfil your contractual responsibilities under this contract. In such cases, the liability will be limited to reasonably foreseeable damages arising directly from the breach of that contractual obligation; there will be no liability for indirect, special or consequential loss or damage.

Section 9: Miscellaneous

1. Hatena may, from time to time change, modify, add to, supplement or delete these Terms of Use. Hatena will notify you of any major changes of these Terms of Use and will send you the amended version of these Terms of Use by email. If you do not object to the amended Terms of Use within one (1) month following the receipt of the email containing the amended Terms of Use, the continued use of the Hatena Website and/or Flipnote Hatena by you will mean you accept any and all such amendments and the amended Terms of Use will be deemed accepted. In the email containing the amended Terms of Use, Hatena will remind you that your continued use after the expiration of one (1) month following the notification means that you accept any and all changes, unless you object to the amended Terms of Use within one (1) month of receiving the email. If you notify Hatena that you do not agree to any such changes, Hatena will terminate your account by giving you one (1) month's notice, and you will have to register again if you want to continue using the Hatena Website and/or Flipnote Hatena.

2. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned, transferred or sublicensed by Hatena without any restriction. However, if Hatena enters into any assignment, transfer or sublicense then you are entitled to terminate your account.

3. Hatena reserves the right to discontinue any aspect of the Hatena Website and/or Flipnote Hatena 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 all product and service names used on the Hatena Website and/or Flipnote Hatena 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 any of the Hatena Marks.

5. You acknowledge and agree that the Hatena Website and Flipnote Hatena contain proprietary and confidential information that is protected by applicable intellectual property and other laws.

6. This Agreement constitutes the entire agreement between you and Hatena regarding use of the Hatena Website (http://www.hatena.com) if and when you access the Hatena Website via a software application available on your Nintendo DSi and/or your use of Flipnote Hatena. The failure of Hatena to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

7. 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.

Section 10: 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 14/08/2009