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TermsofService

1. Acceptance of the Terms of Service

By using or visiting the Nico Nico Douga, Inc. website (including all content and functionality available through the website, collectively the “Website”), you hereby confirm your agreement to: (a) the terms and conditions set out herein (the “Terms of Service”). If you do not agree to any of these terms, please do not use the Website.

Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version. We hereby reserve the right, in our sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

2. Application of the Terms of Service

These Terms of Service apply to all users of the Website, including those who are also contributors to materials found on the Website. The Website includes all aspects of the Nico Nico Douga, Inc. Service, including but not limited to all products, software and services offered via the Website.

The Website may contain links to third party websites that the Website does not own or control. The Website assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Website will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve the Nico Nico Douga, Inc. Service from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.

3. Accounts

You will need to create an account with the Website before you will be able to access some features of the Website. You may never use another person’s account without permission from that person. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must promptly notify the Website in the event of any breach of security or unauthorized use of your account. Although the Website is not liable for your losses caused by any unauthorized use of your account, you may be liable for the losses due to any unauthorized use of your account.

4. Use of the Website

Nico Nico Douga, Inc. hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:

  • You agree not to distribute in any medium any part of the Website, including but not limited to any materials found on the Website, without prior written authorization from Nico Nico Douga, Inc.
  • You agree not to alter or modify any part of the Website.
  • You agree not to access material available on the Website through any technology or means other than the means available on the Website.
  • You agree not to use the Website for any commercial use, without the prior written authorization of Nico Nico Douga, Inc. Prohibited commercial uses include any of the following actions taken without Nico Nico Douga, Inc.’s express approval:
    • any sale of access to the Website or its related services;
    • any use of the Website or its related services for the purpose of gaining advertising or subscription revenue;
    • any advertising targeted to the content of materials posted on the Website; and,
    • any use of the Website or its related services that Nico Nico Douga, Inc. determines, in its sole discretion, to use Website resources or materials to compete with or displace the market for the Website or its content.
  • You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to the Website servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Nico Nico Douga, Inc. grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Nico Nico Douga, Inc. reserves the right to revoke these exceptions either generally or in specific cases.
  • You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their submissions.
  • In your use of the Website, you will comply with the terms and conditions of the Terms of Service and all applicable local, national, and international laws and regulations. h. Nico Nico Douga, Inc. reserves the right to discontinue any aspect of the Website at any time.

5. Use of Content on the Site

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Website.

  • The content on the Website, except all user materials, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Nico Nico Douga, Inc., subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Nico Nico Douga, Inc. reserves all rights not expressly granted in and to the Website and the Content.
  • You may access user submitted materials for your information and personal use, solely as intended through the provided functionality of the Website. You shall not copy or download any such material.
  • User comments and other user materials are made available to you for your information and personal use solely as intended through the normal functionality of the Website. Such materials are made available “as is,” and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Website or otherwise as prohibited under this Agreement.
  • You may access the Content, the user submitted materials, and other content only as permitted under this Agreement. Nico Nico Douga, Inc. reserves all rights in the Content and the Website not expressly granted to you herein.
  • You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of user materials for any commercial purposes.
  • You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
  • You understand that when using the Website, you will be exposed to user submitted materials and comments from a variety of sources, and that the Website is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such materials. You further understand and acknowledge that you may be exposed to materials that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Nico Nico Douga, Inc. with respect thereto, and agree to indemnify and hold Nico Nico Douga, Inc., its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

6. Your Submissions and Conduct

  • As an account holder, you may submit material to the Website. You understand that the Website does not guarantee any confidentiality with respect to such material.
  • You are solely responsible for the material you submit and the consequences of posting or publishing such material. By submitting material to the Website, you represent and warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize the Website to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such material to enable inclusion and use of the material in the manner contemplated by the Website and these Terms of Service.
  • You retain all of your ownership rights in your material. However, by submitting material to the Website, you thereby grant the Website a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the materials in connection with the Website and Nico Nico Douga, Inc.’s (including any successors or affiliates) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your material through the Website, and to use, reproduce, distribute, display and perform such material as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you terminate within a commercially reasonable time after you remove or delete your material from the Website.
  • You agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Nico Nico Douga, Inc. all of the license rights granted herein.
  • Nico Nico Douga, Inc. does not endorse any submitted materials or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with such materials. Nico Nico Douga, Inc. does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and will remove materials if properly notified that such material infringes on any intellectual property rights. Nico Nico Douga, Inc. reserves the right to remove materials without prior notice.

7. Account Termination

The Website will terminate a user’s access if, under appropriate circumstances, such user is determined to be a repeat infringer. The Website reserves the right to decide whether material is appropriate and complies with the Terms of Service. Inappropriate material includes, but is not limited to, pornography, obscene or defamatory material, and/or material excessive in length. The Website may remove such material and/or terminate a user’s access for such activity at any time, without prior notice and at its sole discretion.

8. The Digital Millennium Copyright Act

If you are a copyright owner or the agent of a copyright owner and you believe that any content available on the Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Website’s designated Copyright Agent to receive notifications of claimed infringement is: info@nicovideo.com. If any of your material was removed, and you believe that such material is not infringing, or that you have authorization from the copyright owner, its agent, or pursuant to the law, to post and use that material, then you may send a counter-notice to the Copyright Agent with the following information:

  • Your physical or electronic signature;
  • Identification of the material removed and location of the material prior to its removal;
  • A statement that you have a good faith belief that the material was removed as a result of mistake or misidentification; and
  • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Seattle, Washington, 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 properly received, the Website may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content.

9. Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, NICO NICO DOUGA, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. NICO NICO DOUGA, INC. MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR: (A) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. NICO NICO DOUGA, INC. DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND NICO NICO DOUGA, INC. WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

10. Limitation of Liability

IN NO EVENT SHALL NICO NICO DOUGA, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM: (A) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; AND/OR, (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NICO NICO DOUGA, INC. SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by Nico Nico Douga, Inc., from its facilities in the United States of America. Nico Nico Douga, Inc. makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own risk and are responsible for compliance with local law.

11. Indemnity

You agree to defend, indemnify and hold harmless Nico Nico Douga, Inc., its parent corporation, officers, directors, employees, agents and licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any of your material caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Website.

12. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website.

13. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you. Nico Nico Douga, Inc. may assign or transfer any rights and licenses granted hereunder without restriction.

14. General

You agree as follows:

  • The Website shall be deemed solely based in Seattle, Washington, U.S.A.
  • The Website shall be deemed a passive website that does not give rise to personal jurisdiction over Nico Nico Douga, Inc., either specific or general, in jurisdictions other than the state of Washington.
  • These Terms of Service shall be governed by the internal substantive laws of the State of Washington, without respect to its conflict of laws principles. Any claim or dispute between you and the Website that arises in whole or in part from your use of the Website shall be decided exclusively by a court of competent jurisdiction located in King County, Washington.
  • These Terms of Service and any other legal notices published by Nico Nico Douga, Inc. on the Website shall constitute the entire agreement between you and Nico Nico Douga, Inc. concerning the Website.
  • If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.
  • No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Nico Nico Douga, Inc.’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
  • Nico Nico Douga, Inc. reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.
  • YOU AND NICO NICO DOUGA, INC. AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

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