The Japanese text is the original and the English text is for reference purposes.
Policy on Use of Works Outside DouDouDoujin
Article 1. Scope of Application
1. This Policy on Use of Works Outside DouDouDoujin (the “Policy”) applies to all use, on websites, social networking services, video-sharing services, and any other external services outside DouDouDoujin, of works posted on DouDouDoujin operated by DouDouDoujin Inc. (the “Company”).
2. Any matters not provided for in this Policy shall be governed by the DouDouDoujin Terms of Service separately established by the Company (the “Service Terms”).
3. If there is any inconsistency between this Policy and the Service Terms with respect to off-site use of works, this Policy shall prevail.
4. Any Work User shall conduct off-site use of works only after agreeing to the contents of this Policy and the Service Terms.
Article 2. Language
The Japanese version of this Policy and any Individual Use Conditions, etc. shall be the controlling text. If there is any inconsistency or conflict between the Japanese version and any version in another language, the Japanese version shall prevail.
Article 3. Definitions
1. Terms used in this Policy that are defined in the Service Terms shall have the meanings assigned to them in the Service Terms.
2. In this Policy, the following terms have the meanings set forth below:
(1) “Site” means the DouDouDoujin website operated by the Company and any related pages associated with it.
(2) “Registered Work” means any Original Work, Derivative Work, or other User Content posted or displayed on the Site.
(3) “Work User” means any person who uses a Registered Work outside the Site pursuant to this Policy.
(4) “External Service” means any website, social networking service, video-sharing service, distribution platform, or other online service other than the Site.
(5) “Individual Use Conditions” means any conditions of use expressly displayed by the Company or a Contributor with respect to a particular Registered Work.
(6) “Contributor” means an Original Work Contributor or a Derivative Work Contributor.
(7) “Work-Specific Action Approved List” means a list displayed by an Original Work Contributor for each Original Work, indicating actions that such contributor approves or recommends, as well as cautions and other reference information. Unless the Company expressly states otherwise, such list does not directly create any legal or contractual obligation.
(8) “Supplemental Comments” means any supplemental explanation, requests, cautions, or other information that a Contributor may voluntarily display with respect to a particular Registered Work in addition to the Individual Use Conditions or the Work-Specific Action Approved List.
Article 4. Basic Approach to Off-Site Use
1. A Contributor may, by the method prescribed by the Company, display, with respect to a Registered Work, the Contributor’s intentions regarding off-site use, preferred conditions, and other reference information as Individual Use Conditions, a Work-Specific Action Approved List, or Supplemental Comments.
2. The Company merely supports communication between Contributors and Work Users through the displays described in the preceding paragraph, and this Policy itself does not constitute any warranty of rights by the Company or any blanket license granted by a Contributor.
3. Work Users shall use Registered Works at their own responsibility, taking into account the displays described above, the Individual Use Conditions, the Work-Specific Action Approved List, the Supplemental Comments, and applicable laws and regulations.
4. This Policy does not mean that a Contributor transfers any rights in a Registered Work to a Work User or grants any blanket legal license thereto.
Article 5. Registration of Works and Relationship with the Company
1. Users may, after reviewing this Policy, the Service Terms, and the Individual Use Conditions, view works registered on DouDouDoujin and, where necessary, download or otherwise use such works by the method prescribed by the Company.
2. The Company provides a mechanism by which Contributors may display their intentions regarding off-site use of Registered Works, preferred conditions, and other reference information. However, the Company does not undertake management of works on behalf of Contributors, does not accept any such commission, and no trust transfer or other relationship involving transfer of rights arises between a Contributor and the Company.
3. Even if a Contributor displays any information with respect to a Registered Work, the Company does not guarantee the accuracy, legality, validity, or enforceability of such displayed information.
4. The Company has no obligation to be involved in any negotiation, confirmation, individual permission, price-setting, adjustment of conditions, or any other matter whatsoever between a Work User and a Contributor.
Article 6. Relationship Between Contributors and Work Users
1. Even if a Work User uses a Registered Work, no copyright or other rights in the Registered Work or any Derivative Work shall be transferred to the Work User.
2. A Work User shall not use any Registered Work or Derivative Work beyond the scope permitted under this Policy, the Service Terms, the Individual Use Conditions, any other display content that the Company separately and expressly recognizes as binding, and applicable laws and regulations. A Work-Specific Action Approved List and Supplemental Comments shall be sufficiently respected as reference information.
3. If a Work User uses a Derivative Work, the Work User acknowledges that rights in the Original Work remain reserved to the Original Work Contributor, and that rights in the newly created portions of the Derivative Work belong to the Derivative Work Contributor.
4. No Contributor makes any warranty to any Work User whatsoever, including, without limitation, that any Registered Work is fit for a particular purpose, does not infringe any third-party rights, or will not cause any damage through its use.
5. Registered Works shall be used at the Work User’s own judgment and responsibility, and the Company does not guarantee the legality, appropriateness, or completion of rights clearance in connection with such use.
Article 7. Matters to Be Confirmed by Work Users
1. If a Work User uses a Registered Work outside the Site, the Work User shall review and comply with the Individual Use Conditions and any other display content that the Company separately and expressly recognizes as binding as displayed on the Site with respect to such Registered Work. A Work-Specific Action Approved List and Supplemental Comments shall be reviewed as reference information and sufficiently respected.
2. If a Contributor requests source attribution, inclusion of the relevant work page URL, display of the creator’s name, indication of the place of posting, or any other similar matters through Individual Use Conditions or other display content that the Company separately and expressly recognizes as binding, the Work User shall comply with such displayed content.
3. Even where it is difficult to provide the display specified in the preceding paragraph exactly as requested due to the specifications of the relevant External Service, the Work User shall respond, within the limits of such specifications, in a manner that follows the Contributor’s intentions as closely as possible.
4. At the time of publishing, posting, distributing, updating, or reusing a Registered Work outside the Site, the Work User shall review the then-current and valid version of this Policy, the Service Terms, the Individual Use Conditions, and any other display content that the Company separately and expressly recognizes as binding, and shall comply with the conditions in effect at that time. A Work-Specific Action Approved List and Supplemental Comments shall also be reviewed as of that time and sufficiently respected as reference information.
5. The conditions applicable at the time of publishing, updating, or reusing the Registered Work on an External Service, and not those applicable at the time of download or initial viewing, shall apply.
6. If the necessary response or conditions of use are unclear from the Individual Use Conditions, the Work-Specific Action Approved List, or the Supplemental Comments, the Work User shall refrain from using the Registered Work at the Work User’s own responsibility, or shall confirm with the Contributor or any other appropriate rights holder.
Article 8. Scope of Use
1. Whether off-site use of a Registered Work is permitted, and the applicable conditions of use, shall be determined in accordance with the Individual Use Conditions and any other display content that the Company separately and expressly recognizes as binding as displayed by the Company or a Contributor with respect to such Registered Work. A Work-Specific Action Approved List and Supplemental Comments shall be treated as reference information.
2. The conditions of use described in the preceding paragraph include, without limitation, permitted platforms, whether monetization is allowed, whether source attribution is required, whether prior notice or prior confirmation is required, and any other work-specific conditions. A Work-Specific Action Approved List and Supplemental Comments may include, as reference information, whether modification, adaptation, ad-libbing, or other expressive adjustments are permitted and to what extent, as well as creative preferences, cautions, and other reference information.
3. A Work User shall use Registered Works at the Work User’s own responsibility, in compliance with the binding conditions displayed pursuant to the preceding two paragraphs, while respecting the Work-Specific Action Approved List and Supplemental Comments as reference information.
4. The Company merely supports communication between Contributors and Work Users through the displays described in the preceding paragraphs, and this Policy itself does not constitute any warranty of rights by the Company or any blanket license granted by a Contributor.
5. If no Individual Use Conditions, Work-Specific Action Approved List, Supplemental Comments, or other displayed information exists, or if such information does not clearly indicate whether use is permitted or on what conditions, a Work User shall not construe such absence or ambiguity to mean that off-site use of the Registered Work is comprehensively permitted, and shall refrain from use at the Work User’s own responsibility or confirm with the Contributor or any other appropriate rights holder.
6. The Company has no obligation to be involved in any confirmation, negotiation, adjustment of conditions, price-setting, dispute resolution, or any other matter whatsoever, and all such matters shall be resolved between the relevant parties.
Article 9. Prohibited Acts
When using Registered Works outside the Site, a Work User shall not engage in any of the following acts:
1. Any act that violates laws and regulations, public order and morals, this Policy, the Service Terms, the Individual Use Conditions, or any other display content that the Company separately and expressly recognizes as binding.
2. Any use in a manner that unjustly harms the honor, credibility, or social reputation of an Original Work, a Derivative Work, or the creator thereof.
3. Any act that infringes, or may infringe, any third party’s copyright, trademark right, portrait right, privacy right, right of reputation, or any other rights.
4. Any act of reselling, redistributing, reposting, uploading, or otherwise using a Registered Work or Derivative Work itself in any similar manner without confirmation from or permission of its creator.
5. Any act of using, for paid provision, resale, or any similar method, any video, music, still image, or any other output created using a Registered Work, without confirmation from or permission of the rights holder.
6. Any act of turning outputs created using a Registered Work into physical goods and distributing, selling, or otherwise providing them without confirmation from or permission of the rights holder.
7. Any act of suggesting, or causing a third party to mistakenly believe, that the Work User has received sponsorship, affiliation, endorsement, official approval, or any similar relationship from DouDouDoujin, the Company, or any related party of the Company.
8. Any act consisting of nothing more than mere copying, reposting, re-display, or aggregation, without any substantial added value such as the Work User’s own creativity, comments, critique, or editing.
9. Any use involving excessively sexual expressions, cruel expressions, discriminatory expressions, defamatory expressions, or any other content that the Company or a rights holder reasonably determines to be grossly inappropriate under social norms.
10. Any act involving the use of information or outputs obtained through cheating, cracking, unauthorized access, circumvention of technological protection measures, unauthorized modification, or any other illegal or improper means.
11. Any other act that the Company or a rights holder reasonably determines to be inappropriate.
Article 10. Handling After Publication Ends
1. If a Registered Work is deleted, withdrawn through account termination, suspended from publication, suspended from sale, or otherwise becomes subject to any equivalent event by a Contributor, no new off-site use, reposting, redistribution, updating, or reuse of such Registered Work may be made thereafter.
2. In the case described in the preceding paragraph, a Work User shall make reasonable efforts, upon request from a rights holder or the Company, or within a reasonable period after becoming aware of such event, to take appropriate measures with respect to content on External Services that uses such Registered Work, including deletion, making it private, or suspending updates.
3. However, due to specifications of External Services, reposting by third parties, already-diffused posts, and other circumstances beyond the Company’s control, the Company does not undertake to achieve, or guarantee, the deletion, privatization, suspension of use, or cessation of third-party use of content on External Services.
4. In light of the circumstances described in the preceding paragraph, the Company may, but is not obligated to, take such measures as it deems necessary, including requests for deletion or warnings directed to Work Users or third parties.
5. The handling of suspension of publication, timing of termination, and other matters relating to Original Works, Derivative Works, and other User Content within the Site shall be governed by the Service Terms and any other rules separately established by the Company.
Article 11. Disclaimer of Warranties and Liability
1. Off-site use of Registered Works shall be at the Work User’s own judgment and responsibility.
2. Neither any Contributor nor the Company makes any warranty whatsoever with respect to any Registered Work, including, without limitation, warranties regarding fitness for a particular purpose, usefulness, completeness, accuracy, legality, or non-infringement of third-party rights.
3. The Company shall not be involved in any dispute between a Work User and a Contributor or any third party, and shall not be liable for any damage arising therefrom unless such damage is caused by the Company’s willful misconduct or gross negligence.
4. If a Work User violates this Policy or infringes any third party’s rights, thereby causing damage to the Company or any third party, such Work User shall resolve the matter at the Work User’s own responsibility and expense and shall compensate the Company for any damage incurred by the Company.
Article 12. Claims of Infringement, Etc.
1. Any person who believes that any Registered Work, or any off-site content using a Registered Work, infringes copyright or any other rights shall submit a claim through the inquiry channel designated by the Company, stating the required information.
2. Upon receipt of a claim under the preceding paragraph, the Company may, as necessary, take such measures as it deems necessary, including making inquiries to the relevant parties, requesting submission of materials, issuing warnings, or requesting suspension of publication.
3. The Company is under no obligation to take the measures described in the preceding paragraph, and does not guarantee the truthfulness, legality, or ultimate legal evaluation of the content of any such claim.
4. Any dispute concerning infringement of rights, etc. shall be resolved between the relevant parties, and the Company shall not be liable therefor unless such dispute is caused by the Company’s willful misconduct or gross negligence.