NicoNico.com Terms of Service
These Terms of Service (the "Terms
of Service") constitute an agreement between NicoNico Inc. and all of its
affiliates (collectively, "we," "us" or "our") and you ("you" or "your")
regarding Niconico.com and any pages, services, products and software thereof, including Niconico.com Premium membership (collectively, the "Service"). By using
the Service, you agree to be bound by these Terms of Service as well as the Niconico.com
and the Premium Member Policy (if applicable) in the entirety, do not use the Service. If you have questions regarding these Terms of Service
We may, in our sole discretion, modify or revise these Terms of Service without notice at any time. Such modifications will be effective when these Terms of Service, as modified, are posted on this Service. You should review these Terms of Service periodically for modifications. Your continued use of the Service after any such modifications shall be deemed to be acceptance of these Terms of Service as modified.
i) We may, in our sole discretion, change, suspend or terminate the Service or any part thereof without notice at any time and for any or no reason. We will not be liable to you or any third party for any such change, suspension or termination.
ii) The Service may contain links to third-party websites that are not under our control. We do not endorse, and we shall have no responsibility or liability for, any of the information, content, privacy policies, products, services or practices on or of such websites. If you choose to use such websites, you do so solely at your own risk.
i) You must be at least thirteen years of age to access and use the Service. If you are not at least thirteen years old, you may not use the Service. If you are under the age of eighteen, you may not use the Service without the consent of your parent or legal guardian.
iii) You may not assign or transfer your Account or allow any person to use your Account. You may not use another user's Account.
iv) You are solely responsible for all activity in your Account or that uses your password. You may not disclose your Account information and password to any third party. You agree to notify us immediately of any breach of security or unauthorized use of your Account or password.
v) If you decide not to create an Account, you will not be able to post Content and we may not be able to provide you with certain aspects or features of the Service.
3. User Content Made Available by Account Holders
If you make Content available through the Service, the following terms and conditions apply to you:
i) You are solely responsible for all text, comments, data, graphics, photos, sounds, music, videos, and other materials you post, upload, submit, distribute, contribute or make available to or through the Service ("Content").
ii) You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to post, upload, submit, distribute, contribute and make available your Content to or through the Service and to grant us the license in clause (iv) below.
iii) You assign to us all right, title and interest in any comments you post, submit, distribute, contribute or make available to or through the Service.
iv) You grant us a perpetual, irrevocable, worldwide, non-exclusive, sublicenseable, transferable and royalty-free license to use, reproduce, prepare derivative works of, allow comments on, distribute, perform, display, or otherwise exploit, in any way, your other Content or any portion thereof in any media now in existence or as hereafter may be developed.
v) You are not entitled to any compensation, from us or any of our licensees, for any uses of your Content.
vi) You grant each other user of the Service a perpetual, non-exclusive, non-transferable royalty-free license to access, view, reproduce, prepare derivative works of, distribute, publicly perform and publicly display your Content as and to the extent permitted by the Service.
4. License and Prohibited Conduct
Your right to use the Service is expressly conditioned on your not using the Service, and you agree not to use the Service, for any of the following:
o Interfere with our operation of the Service or use of the Service by other users;
o Circumvent, remove, disable, decipher, damage or interfere with the Service's security features, authentication features or features that restrict access to the Service or copying of any content on the Service;
o Reverse engineer, decipher, decompile, disassemble or discover the source code of the Service or any part thereof;
o Transmit viruses, adware, spyware, worms or other code, files or programs designed to interrupt, limit or destroy the functionality of any software, hardware or telecommunications equipment;
o Infringe, misappropriate or violate any copyrights, trademarks, trade secrets or other intellectual propriety or moral rights of us or of any third parties;
o download Content, the Service or any part thereof for any purpose other than as expressly permitted by these Terms of Service, including display of the Content or the Service on other websites; and
If you are an Account holder, your right to use the Service is expressly conditioned on your not using the Service, and you agree not to use the Service, to make available through the Service, Content that:
o Engages in, or induces, incites, assists, encourages or instructs others to engage in, any illegal or dangerous actions, including illegal or underage alcohol or drug use;
o Harms or exploits minors in any manner;
o Defames any person or business;
o Collects or reveals personal information of any other person or otherwise violates the privacy rights of any third party;
o Depicts identifiable persons without the consent of such persons to use their names, voices, photographs and likenesses;
o Deletes, modifies or conceals any copyright, trademark or other proprietary rights markings or notices;
o Threatens, abuses, stalks, intimidates, embarrasses, demeans or harasses any other person;
o Discriminates, expresses hatred, attacks or demeans a group on the basis of ethnicity, religion, race, gender, age or sexual orientation;
o Is violent, gruesome, vulgar, offensive, indecent, obscene, sexual or pornographic (including child pornography), contains nudity, or that is otherwise objectionable, as we, in our sole discretion, may determine;
o Engages in, advertises, solicits or promotes commercial activities, auctions, products or services in any manner, including spam, junk, bulk or chain mail, without our prior written permission;
o Impersonates, misrepresents or falsely claims an affiliation with any other person, entity or organization;
o Commits fraud or makes available inaccurate, incomplete, fraudulent, false, deceptive or misleading Content;
o Discloses inside information or confidential information;
o Depicts animal cruelty or abuse; and
o Would be reasonably likely to induce, incite, assist, encourage or instruct others to engage in any of the foregoing.
5. Copyright Policy
We will respond to notices alleging copyright infringement committed on or through the Service that are compliant with the Digital Millennium Copyright Act ("DMCA") and this Section 5. We will promptly terminate any user's account if we determine that such user is a repeat infringer of copyright.
i) Notice. If you are a copyright owner and believe that any Content on the Service infringes one or more of your copyrights, you may submit a written DMCA notification to our Copyright Agent with the following information (see 17 U.S.C § 512(c)(3)):
o A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
o Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works on the Service;
o 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 us to locate the material;
o Information reasonably sufficient to permit us to contact the copyright owner, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
o A statement that the complaining party has 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
o A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated Copyright Agent to receive notifications of claimed infringement is Niconico Inc. email: email@example.com.
ii) Counter-Notice. If you believe that Content you posted to the Service and that was removed (or to which access was disabled) is not infringing, or that you have authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the allegedly infringing material in such Content, you may send a counter-notice containing the following information to our Copyright Agent (see 17 U.S.C. § 512(g)(3)):
o Your physical or electronic signature;
o Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
o A statement under penalty of perjury you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
o Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal district court in the jurisdiction in which the address is located, and a statement that you will accept service of process from the person who provided notification of the alleged infringement or an agent of such person.
If a counter-notice is received by our Copyright Agent, we will send a copy of the counter-notice to the complaining party stating that we may replace the removed Content or cease disabling it in ten business days unless the complaining party notifies us in writing that it has filed an action for copyright infringement within such time period.
Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing or that material was removed or disabled by mistake or misidentification may be liable for damages resulting from such misrepresentation.
7. Disclaimer of Warranties
YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. THE SERVICE AND ANY PRODUCTS, INFORMATION OR CONTENT CONTAINED IN THE SERVICE ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS AND LICENSORS, AND EACH OF OUR AND THEIR CONTRACTORS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND PARTNERS, DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, IN CONNECTION WITH THE SERVICE OR YOUR USE THEREOF, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRETARY RIGHTS.
WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING, AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR, (I) THE ACCURACY, RELIABILITY OR COMPLETENESS OF ANY PRODUCTS, INFORMATION OR CONTENT ON THE SERVICE AND ANY VIRUSES, ADWARE, SPYWARE, WORMS, ERRORS, MISTAKES, OR INACCURACIES OF OR WITHIN SUCH PRODUCTS, INFORMATION OR CONTENT, (II) ANY CHANGES, SUSPENSION OR TERMINATION OF THE SERVICE OR ANY PART THEREOF, (III) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (IV) THIRD-PARTY PRODUCTS OR SERVICES OBTAINED THROUGH OR ADVERTISED ON THE SERVICE, (V) UNAUTHORIZED ACCESS TO THE SERVICE OR YOUR ACCOUNT, (VI) CONTENT OR CONDUCT OF ANY USER OR (VII) ANY OTHER MATTER RELATING TO THE SERVICE.
8. Limitation of Liability
OUR TOTAL LIABILITY, WITH THE CUMULATIVE TOTAL LIABILITY OF OUR SUPPLIERS AND LICENSORS, AND OF EACH OF OUR AND THEIR CONTRACTORS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND PARTNERS, TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION RELATED TO OR ARISING OUT OF THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, IS CAPPED AT THE AMOUNT YOU PAY FOR THE SERVICE.
If any provision of these Terms of Service is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
Sections 7, 8, 9 and 10 shall survive any termination of the Service or your use of the Service.
ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE WILL BE PERMANENTLY BARRED UNLESS IT COMMENCES WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.
Last modified as of April 19, 2011.
TEL: +1 425 247 0615